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Relaxing the sealing drive

The Supreme Court's order on the Delhi sealing issue reflects a welcome, if belated, recognition of the complexities and social costs involved in stopping commercial activity in the capital's residential areas. The apex body's decision — which was preceded by a spate of vehement protests in the city — provides relief to a number of Delhi's traders and professionals affected by its sealing orders. The nature of the relief, however, is partial and temporary. Partial because it covers only those traders and professionals who operate on road stretches covered by two Delhi Government notifications and who have submitted affidavits stating they will voluntarily shut down their establishments — the notifications covered some 2200 road stretches and about 18,500 traders have filed the required affidavits. This explains the mixed feelings among traders and in political quarters about the Supreme Court's latest order. While welcoming the relaxation in the sealing drive, the Confederation of All India Traders has asserted that there are still 550,000 businesses that face the threat of sealing. An apprehensive Central Government, aware that the controversy over sealing has not been totally defused, has directed the Municipal Corporation of Delhi to seek the Supreme Court's permission to notify another 1000 road stretches for commercial or mixed-land use.

The court has made it clear that the relief is an interim measure; and that the sealing issue will be determined only after it takes a final view on the Delhi Laws (Special Provisions) Act, 2006 and the two notifications. It is possible that the apex body, which has already taken strong exception to the Act and the notifications — which were passed and issued specifically to circumvent its orders — will not uphold their validity. One way out of the impasse could lie in the court's direction that a comprehensive plan on businesses in the capital — one that takes into account the availability of amenities such as parking, water and electricity as well as the environmental impact of such development — be prepared within six weeks. Such a plan should recognise the importance of zoning laws and also offer solutions that are practical, compassionate, and humane. It was a mistake for the apex court to have got involved in the nitty-gritty of planning and regulation of city spaces. If it wishes to compensate, or rather overcompensate, for the weaknesses and failings of the legislative and executive branches of the state, it must remember that this is not in the constitutional scheme.

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