Reprieve to over 18,000 traders, sealing to continue

India
Reprieve to over 18,000 traders, sealing to continue
By Indo Asian News Service, Nov 24, 2006 - 2:50:41 AM

New Delhi, Nov 23 - Over 18,000 traders and 1,700 schools in the capital heaved a sigh of relief as the Supreme Court Thursday relaxed the sealing drive against illegal commercial units even as authorities continued the operation and sealed 140 establishments.

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 S. Jaipal Reddy said. 'Many other traders can also hope of getting relief in the coming days.'

Science and Technology Minister Kapil Sibal also hailed the judgement and expressed satisfaction over it. 'We welcome any relief given to the common man in Delhi,' said Sibal, who represents the Chandni Chowk parliamentary constituency in the capital.

The Municipal Corporation of Delhi -, meanwhile, continued its drive Thursday against illegal properties and encroachments on government lands.

'We sealed 140 units today including 139 in west Delhi and one in south Delhi. All the 139 establishments were along the Najafgarh-Nangloi Road in the Najafgarh Zone,' the MCD official said adding that the drive will continue.

A total of 1,582 units have been sealed since Nov 8, when the court-mandated sealing drive resumed in the capital, the

Both the ruling Congress and the opposition Bharatiya Janata Party expressed satisfaction over the apex court's directive, but said those traders who have not got any reprieve so far 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 said: '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, all these traders can now reopen their shops after filing a fresh affidavit with the monitoring committee.

All the commercial units of these traders will be de-sealed if the MCD had already sealed them during their drive in last two weeks.

The big shopping establishments which had filed affidavits 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.

However, civic authorities said that they will not to de-seal any property till the committee asks them do so.

'First the traders have to submit fresh affidavits and then the monitoring committee will give us specific instructions to de-seal properties. But so far we have not received any instruction,' MCD chief spokesman Deep Mathur said.

The court in its ruling 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 1,700 schools along both notified and non-notified roads across the capital.

Their premises will not be touched by MCD sealing squads till the next academic session begins in May 2007. This will benefit over 850,000 students albeit only for this session, said the Delhi State Public School's Management Association -.

'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 cannot be identified as commercial establishments,' said DSPSMA president R.C. Jain.

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 -.

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