New Delhi: With the Centre withdrawing its application seeking a moratorium on sealing operations in the Capital for six months, the Supreme Court on Thursday asked the Municipal Corporation of Delhi to proceed with the process of sealing of commercial establishments operating from residential areas.

Instructions

A Bench comprising the Chief Justice Y. K. Sabharwal, Justice C. K. Thakker and Justice R. V. Raveendran asked the MCD to continue the operations as per the recommendations of the Monitoring Committee.

Earlier the Solicitor General, G.E. Vahanvati, submitted before the Bench that he had instructions to withdraw the application. The Bench dismissed as withdrawn the application.

The Bench also directed the MCD to file its response to the specific instances pointed out by the Monitoring Committee regarding obstructions of the sealing process by a few persons for extraneous considerations.

The Bench issued notice to Delhi BJP MLA Harcharan Singh Balli to show cause as to why contempt of court proceedings should not be initiated against him for allegedly breaking open shops sealed by the MCD.

The Monitoring Committee had brought to the notice of the court through videotape showing Mr. Balli breaking open the seals of the shops.

The Bench made it clear that no court should entertain any petition regarding the sealing operations as the matter was being heard by the apex court.

In its May 4 report, the Monitoring Committee had made it clear that the ongoing sealing operations should not be given a break and should continue.

It said that the draft zonal plans in respect of nine zones had already been prepared and approved by the DDA on the basis of Master Plan 2001.

The Ministry of Urban Development should be directed to notify the same immediately.

It said that after completion of the sealing operations in respect of roads having width of 80 ft and above, the properties on the first floor and above on the roads already identified as mixed land use streets in the zonal plans might be taken up for sealing.

Accepting the Monitoring Committee's recommendation, the Bench asked the MCD to issue requisite public notice with regard to the action against commercial establishments running from residential premises on roads with a width of 60 feet or more.

Land use

It also asked the Monitoring Committee to examine the impact of the March 28 notification on mixed land use on the infrastructure and facilities like water, electricity and sewage.

The Committee was also asked to indicate in its next report its perception as to what would constitute a small shop.

The court also asked MCD to file an affidavit within four weeks about those violating its order on sealing. It listed the matter for further hearing on July 17.

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