Centre moves SC on sealing orders
The Centre on Wednesday moved the Supreme Court seeking a virtual rollback of its orders on sealing of commercial establishments in residential areas in view of the Delhi Master Plan 2021, which was likely to be notified latest by Mid-February.
In an application filed in the court, it requested the court to modify its September 29 and October 10, 2006 orders giving protection from sealing to premises covered under the September seven 2006 notification allowing mixed land use on about 2100 roads.
The protection was subject to the traders filing affidavits that they would abide by the court’s verdict on petitions challenging the validity of the notification and Delhi Laws (Special Provisions) Act, 2006.
The Centre requested the court to stay the operation of its two main orders until its application was decided.
The Municipal Corporation of Delhi too sought modification of the said orders by exempting all traders/professionals/businessmen who were required to file undertakings by January 31, 2007 from filing such undertakings until the Master Plan of Delhi-2021 was notified. Alternatively, it urged the court to extend the time for filing of affidavits from January 31 to March 15, 2007.
Both the applications would be mentioned before the court on Thursday for an urgent hearing. Terming the Centre’s move as "totally unreasonable", Jasbir Malik, counsel for Delhi Pradesh Citizen Council that has challenged the notification and the Act, said the NGO would oppose it.
"It amounts to asking the court to set at naught the whole exercise of sealing undertaken in accordance with the prevailing laws and allowing the Centre to back out from its consent given to the court at the time of passing the orders," Malik said.
The new Master Plan approved by the government allowed liberal mixed land use in all colonies except A and B categories and regularised 1432 unauthorised colonies.
The Centre said the court itself had clarified that there was no restraint on the issuance of Delhi Master Plan 2021, which was in advanced stages of finalisation.
With the MPD-2021 coming into force shortly, the September seven 2006 notification would be subsumed in it with further changes, it said.
It sought to emphasise that MPD-2021 "is the policy document giving road map for future planning taking due care of public interest such as parking, impact of services like water and electricity and impact on environment."
Maintaining that some of the activities of certain categories of traders currently not permissible under the 2001 Master Plan would get regularised under MPD-2021, the MCD urged the court to consider exempting them from filing any affidavit.
Citing likely notification of MPD-2021 AND practical difficulties in filing of affidavits together with the certificate of registered Architects within a short period by three to four lakh traders, it requested the court to modify the orders.