The Union Urban Development Ministry (UDM) would move a review petition in the Supreme Court on Tuesday for modification of its earlier order on sealing, ahead of the November 1 sealing drive.
The decision to file a review petition was taken in a meeting of the Group of Ministers, headed by Home Minister Shivraj Patil on Saturday. The officials of the UDM on Monday consulted the Law Ministry to fine tune the review petition.
Top sources in the UDM said that the review petition would point out that of the 44,000 traders who have filed affidavits in the court, 9900 are already covered under the relief provided by the court itself. These shops operate from an area, which is less than 20 sq metre, and qualify for relief.
There are another 25,000 shops which come under 2,183 roads notified as either commercial or of mixed land use. These shops also qualify to get relief, the review petition would point to the court.
The UDM, however, has no action plan for the remaining 9000 odd shops which face a certain sealing from November. "The traders of these shops have given an affidavit to the court that they operate from a non-conforming area. The subsequent government notification and court ruling does not allow us to seek any relief for them," said the UDM official.
{{/usCountry}}The UDM, however, has no action plan for the remaining 9000 odd shops which face a certain sealing from November. "The traders of these shops have given an affidavit to the court that they operate from a non-conforming area. The subsequent government notification and court ruling does not allow us to seek any relief for them," said the UDM official.
{{/usCountry}}The petition, to be moved jointly by the UDM and MCD, would also point out the practical difficulties of sealing, the human element of unemployment etc and ask for a compassionate approach. It would also ask for a deadline of January 31 for all the shops to prevent sealing drive from Wednesday onwards quoting MCD's inadequate preparedness to launch the drive.
Top UDM sources said the option of putting Delhi Laws (Special Provisions) Act, 2006 in Schedule 9 of the Constitution was still open. "We are awaiting the judgement of the Constitution Bench of the court before taking any move in this direction," the source added.
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