The Supreme Court is scheduled to hear on Monday the Centre’s plea for modifying its August 10 order on sealing and re-sealing of commercial establishments operating from residential areas of the national capital.
The matter will come up before a Bench headed by Chief Justice YK Sabharwal, which will also take up the petitions challenging the constitutional validity of the Delhi Law (Special Provisions) Act, 2006 and Federation of Delhi Traders’ Associations’ plea for allowing mixed land use in accordance with the September 7 and 15 notifications. Following violent protests by traders that claimed four lives in police firing in Seelampur area of East Delhi on Tuesday, the Centre has changed its stand and asserted that its “powers to amend the Master Plan as per sub-section (2) of Section 11-A of the Delhi Development Act, 1957 are unfettered and unlimited.” It said the notifications needed to be implemented.
Earlier, Solicitor General GE Vahanvati had told the court that the notifications were subject to approval of the court. But in a fresh affidavit filed on Friday, the Centre said “the Notification dated September 7, 2006 is a valid piece of delegated legislation and enacted after fully following the statutory process as laid down by the law.”
After the violent protests, the government went to the extent of saying that if needed it was ready to convene a special session of Parliament and change the law, even the Constitution. Denying that the notification was an attempt to override the orders of the court, the Centre said it has been making changes in the Delhi Master Plan from time to time for change of land use to meet the evolving needs.