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MCD knocks at court's door yet again

MCD informs SC of its inability to carry out sealings in Nov due to a series of festivals, reports Satya Prakash.

india Updated: Nov 04, 2006 23:05 IST
Satya Prakash
Satya Prakash

A desperate MCD on Saturday apprised the Supreme Court of its inability to carry out sealing operations in the capital in view of diversion of police and security forces to ensure peaceful celebration of Guru Purab and Sant Nirankari Samagam this month.

Barely two days ahead of the Monday's scheduled hearing of the sealing matter by a Bench headed by Chief Justice YK Sabharwal, the civic body filed an additional affidavit through counsel Sanjiv Sen to place certain additional facts relevant to the case.

The MCD said that a series of festivals are slated for the month of November in Delhi. On November 4 and 5 Guru Purab would be celebrated while Sant Nirankari Sammelan would be held in New Delhi between November 11 and 13 in which a large number of people are expected to take part.

It has been estimated that extensive police arrangements shall have to be made in order to ensure an orderly celebration of these festivals, the civic body said adding, "due to diversion of security forces the situation has been learnt to be not conducive to sealing operations".

Stating that the situation has been reviewed by the Government at various levels, the MCD submitted that it was of the view that "conducting sealing operations at these times would lead to a serious law and order problem as the current situation is very sensitive and volatile."

This is the third time that the MCD has filed something in the apex court this week in the sealing case. Earlier, it moved an application for modification of the September 29 order and urged the court to extend the benefit of the Notifications dated7 and 15, 2006 to the traders who had filed affidavits that they would cease commercial activities in residential areas by October 31.

It moved another one seeking to defer the sealing operations in view of the serious law and order situation arising out of the violent agitation by traders.

The Centre has already filed an application seeking relief for the 48000-odd traders who had undertaken to cease commercial activities in residential areas by October 31 but were now covered under the notifications allowing commercialisation/mixed land use on 2,183 roads/streets.

For the first time Delhi Government too intervened in the matter on Friday seeking relief till January 31, 2007 for all traders who have filed affidavits.

The court will take up all these applications on Monday for hearing.

The Centre, the Delhi Government and the MCD had on Thursday requested another Bench headed by Justice KG Balakrishnan to allow hearing of the case by the appropriate Bench headed by the Chief Justice during the lunch break itself but the plea was rejected.

The court had also refused to allow the authorities to exercise their "administration" to deal with the situation.

Thereafter, the MCD moved another application on Friday for the traders filing affidavits. It said there were only 5,500 premises, which were not covered under either of the two notifications.

The civic body submitted that the sealing operations could commence only after a review of the law and order situation by the Government and the Monitoring Committee.

Meanwhile, in its latest report filed in the court, the Monitoring Committee is understood to have taken a "stern" view of the repeated failure of the MCD to resume the sealing drive against those who had undertaken to cease commercial activities in residential areas by October 31.


First Published: Nov 04, 2006 23:01 IST