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Modify order restraining Govt notification, SC told

india Updated: Oct 14, 2006 04:43 IST
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The Centre on Friday requested the Supreme Court to modify its order restraining the government from issuing further notifications for conversion of residential properties into commercial ones.

It also asked the court to dispense with the requirement of filing undertakings by traders to avail the benefit of the September 7 and 15 notifications.

In an application filed in the court, Urban Development Ministry said that apart from the 2183 streets declared eligible for mixed-land use, there were other similarly placed streets/areas and non-notification of the latter was likely to result into discrepancies on the ground and "a feeling of resentment".

It enumerated the "administrative difficulties" likely to arise in the implementation of the September 29 order requiring the commercial premises covered under the September 7 and 15 notifications to file undertakings by November 10 and the enormity of the exercise involved in the process.

Stating that lakhs of establishments on the 2183 streets covered under the notifications would be required to file such undertakings, the Centre submitted that "it would be an extremely difficult and Herculean task for all such establishments to complete the process of tendering of undertakings within such a short period".

The court had asked the beneficiaries of the two notifications to file undertakings that misuse should stop as per the directions of the court if the Delhi Laws (Special Provisions) Act, 2006 was invalidated and/or the notification was quashed.

However, the Centre submitted that if the court were to ultimately hold the notifications as unconstitutional, the premises covered under the same would no longer be protected and they would have to stop the misuse forthwith. “As such, undertakings may not be required to be given to further stop what would then be a prohibited activity," it said seeking to dispense with the undertakings.

The Government also requested the court to modify its order restraining it from issuing further notifications giving similar relief to the traders. “There would be other streets and areas that also fulfil the conditions laid down in the notification dated September 7, 2006 and are thus eligible to be notified as mixed use streets or commercial streets/areas and pedestrian shopping streets as the case may be,” it submitted in the application.

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