Date:15/11/2006 URL: http://www.thehindu.com/2006/11/15/stories/2006111507171400.htm

National

Hearing today on Centre's plea

J. Venkatesan

MCD also seeks `court's indulgence' for traders who have given undertakings

New Delhi: The Supreme Court will hear on Wednesday the Centre's plea to save about 25,000 traders facing the threat of their commercial premises being sealed by the Municipal Corporation of Delhi.

These traders were among those who had given undertakings to stop commercial activity in residential premises and covered by two government notifications granting exemption from sealing operations.

A three-Judge Bench comprising the Chief Justice Y.K. Sabharwal, Justice C.K. Thakker and Justice R.V. Raveendran posted the matter for hearing on Wednesday after Solicitor General G.E. Vahanvati mentioned the filing of applications by the Centre and the MCD.

In its application seeking modification of the earlier orders, the Urban Development Ministry said, "Several glaring offenders have already been sealed. It is also understood that some of the establishments which had given undertakings have already ceased misuse in compliance with the undertakings."

Entitled to benefit

The Centre put forth the humble plea of mercy for granting relief to about 25,000 traders covered by the September 7 and 15 government notifications permitting continuance of trading activities in over 2,000 roads and exempting them from the sealing drive.

It said "as far as these 25,000 odd premises are concerned, they are entitled to the benefit of the two notifications." The Centre pointed out that the court had already allowed traders who had not given undertakings but covered by the notifications to continue subject to their giving undertakings by January 31, 2007.

It said in addition to those who had given undertakings, there were about 5,000 traders who had neither given undertakings nor covered under the exemptions granted in the two notifications.

"Such establishments carrying out activities which are prohibited cannot be permitted to continue," it said.

In its application the MCD said that in view of the new developments the benefits that were extended to those who had not given any undertakings could be extended to those who had given undertakings also.

It said "the court's indulgence is being sought for judicial pardon on this category of people. There are adequate grounds for parity and equanimity for this category.

This category may be showered the benevolence, compassion and magnanimity of the court" to enable them to continue their commercial activities. The MCD pleaded for de-sealing of the premises already sealed in the event of the court accepting its plea.