The Supreme Court on Thursday gave protection from the sealing drive to over 18,000 traders and professionals who were found by the Monitoring Committee to have complied with the undertaking given by them to stop the misuse of residential premises for the commercial activities.
A bench headed by Chief Justice YK Sabharwal said that those traders and professionals will be temporarily relieved of their undertakings and will be placed at par with others who were covered under the government's two controversial notifications of September 7 and September 15.
The court said that they will have to comply with the September 29 order and will have to file an affidavit by January 31, 2007 that they will vacate the premises if the Delhi laws (Special Protection Provisions) act, 2006 and the two notifications were declared invalid.
However the court said that big establishments who have complied with their undertakings will only be allowed to carry out their business activities only if they come out with a parking provision near their establishments.
The court declined to grant any protection to those who were carrying out their businesses by encroaching public land. The activities on such land must seize forth with, the bench said.
The court provided relief to the schools operating from residential areas till the current academic session as suggested by the monitoring committee.
The court directed sealing of the premises of 34 establishments, which on the random checking by the monitoring committee was found to have violated the undertaking given by them.
The court expressed its displeasure that even after two months of issuing the notifications referring to the requirement for parking space, no steps are being taken.
"Nothing seems to have been done. One of the reason is lack of planning," the court observed.
The court said under these circumstances every care will be taken while planning for the future.
Further the court said adhocism has to be avoided and the Centre and the Delhi government will have to file within six weeks detailed affidavits about its roadmap for future planning keeping in view the requirements of public interest such as parking, water, electricity and environmental concerns.