From rxpgnews.com
Relief for traders, schools as Supreme Court relaxes sealing drive
By RxPG News Service,
Nov 23, 2006 - 10:23:09 PM
New Delhi, Nov 23 (IANS) Over 18,000 traders and 1,700 schools in the capital heaved a sigh of relief after the Supreme Court Thursday ruled that it was relaxing the sealing drive against commercial establishments indulging in blatant misuse of areas meant for residential use.
A three-judge bench headed by Chief Justice Y.K. Sabharwal ruled that traders who had given undertakings to the court-appointed monitoring committee that they would stop commercial activity in residential areas could continue their present operations on giving a fresh affidavit by Jan 31, 2007.
'The judgement is historic and we are happy over the development,' Urban Development Minister Jaipal Reddy said. 'Many other traders can also hope of getting relief in the coming days.'
While the Congress and the Bharatiya Janata Party expressed satisfaction over the apex court's directive, leaders from both the parties said traders which still haven't got reprieve should also get relief.
'The party certainly welcomes the judgement. We will take up the issue of all others with the central government in general and the urban development ministry in particular,' Delhi Congress chief Rambabu Sharma, told IANS.
Delhi BJP chief Harsh Vardhan also reiterated the same feeling. 'We are happy but we demand a permanent solution to the sealing issue. No ad-hoc rule can give reprieve to millions of people who are suffering due to the current drive,'
Though the central government sought protection for about 25,000 traders operating from residential areas, only about 18,400 filed affidavits before the monitoring committee stating that they had voluntarily stopped the misuse of the property.
The bench made it clear that the benefit of protection would be available only to these traders who had filed affidavits. As per the ruling of the all these traders can now open their shop after filing a fresh affidavit with the monitoring committee.
All the commercial units of these traders will be de-sealed if the Municipal Corporation of Delhi had already sealed them during their drive in last two weeks. So far MCD had sealed 1,442 establishments since Nov 8, when the court mandated drive resumed in the national capital.
The big shopping establishments, who had filed their affidavit will have to take into account the resident welfare associations view and ensure proper parking facility before appealing to the monitoring committee to de-seal their premises.
The court empowered the monitoring committee to proceed with sealing operations of those businesses not covered by the Sep 7 and 15 notifications allowing continuance of commercial activity in 2,183 roads across the capital.
However, taking note of the monitoring committee's observation, the apex court extended protection to nearly 1700 schools running in both notified and non-notified roads across the capital.
Their premises will not be touched by the MCD sealing squad till the next academic session begins in May 2007. This will benefit over 850,000 students albeit for this session said Delhi State Public School's Management Association (DSPSMA).
'We don't have adequate number of schools in Delhi to meet the demands of all the students. We will raise this issue in the court and would also mention that the Supreme Court had earlier given a decision in which it said that schools can not be identified as commercial establishments,' said R.C. Jain, president of DSPSMA.
The court also directed the central and Delhi governments to come out with a comprehensive plan on businesses in the capital, taking into consideration the parking needs, the availability of amenities like water and electricity as well as the impact of development on various environmental laws. It granted six weeks time for filling the draft plan in this regard.
Meanwhile, traders in the capital expressed cautious optimism over the Supreme Court ruling granting temporary reprieve to over 18,000 businesses operating illegally in residential areas.
'After the court verdict, there is a sense of satisfaction among those traders who had filed their petition before the court-appointed monitoring committee. We urge the government to work towards giving a similar reprieve to all traders,' said Praveen Khandelwal, secretary general of the Confederation of the All India Traders (CAIT).
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