18,000 traders off the hook, for now

SC agrees to temporarily spare from sealing 18,463 traders and professionals, reports Satya Prakash.

The Supreme Court on Thursday agreed to temporarily spare from sealing 18,463 traders and professionals, after the Monitoring Committee confirmed that they had kept their word and stopped their commercial use of residential premises.

Relief from sealing was also given to schools. The court, however, made it clear that big businesses would be allowed to function only if they provided sufficient parking facilities near their establishments in residential areas.

Relieving the traders and professionals from their undertakings for the time being, the three-judge bench headed by Chief Justice YK Sabharwal put them on a par with other traders covered by the September 7 and 15 notifications of the state government, allowing commercialisation or mixed land use along 2,183 roads and streets in the Capital. The court has still to decide whether these notifications are legally valid.

Relief for traders

The people spared will now have to file fresh affidavits by January 31—in accordance with the September 29 order—that they will abide by the judgment on the petitions challenging the two notifications and the Delhi Laws (Special Provisions) Act 2006.

Ram Lal, president of the Karol Bagh Traders' Federation, said the traders wanted a permanent solution. "The Supreme Court's order does not satisfy us. The big question is: what will happen on January 31?"

The order came on the petition from the Centre and Municipal Corporation of Delhi, seeking relief for about 25,000 traders and professionals who faced the prospect of their premises being sealed, because they had given undertakings to stop their commercial use in residential areas.

No relief for violators

The bench refused to give any relief to the 34 traders who were caught violating the undertakings they had given during random checks conducted by the Monitoring Committee.

The court also said no relief would be given to those who encroached on public land. It emphasised that such activities on public land must cease at once.

Relief for schools

On the recommendation of the Monitoring Committee, the bench also agreed that schools would not be sealed, even though they were not covered by the two notifications. It accepted the recommendation that schools be exempted for the current academic session in the interest of students. But the court again made it clear that the protection was meant for only those schools which had not encroached on public land.

The court, however, refused to entertain a petition by a computer institute which wanted its premises to be de-sealed.

The big fish

The court issued separate instructions where big shops were concerned—furnishing stores, car showrooms, diamond or gold jewellery shops, showrooms boasting big brands, restaurants, call centres—who had earlier given undertakings and were covered by the notifications.

Although such establishments have filed compliance affidavits, the court said they would not be allowed to continue unless they satisfied the Monitoring Committee about the provision for necessary parking facilities. The panel will decide their fate on a case-by-case basis.

Narendra Madan of the Kashmere Gate Automotive Parts Merchants Association said: "It is not possible for us to create parking space out of nowhere. At the most we can arrange for a valet parking service if the government provides us with a parking space nearby."

Future plan

The court said de-sealing of premises already sealed but covered under Thursday's order would be done on the directions of the Monitoring Committee.

The court directed the Centre and the Delhi government to file a detailed affidavit within six weeks, placing on record their road map for future planning.

Email Satya Prakash: satya.prakash@hindustantimes.com

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