Relief for traders: MCD to suspend sealing drive

In a minor reprieve for about 25,000 traders in the capital who have given affidavits for voluntary closure, the Municipal Corporation of Delhi (MCD) tonight announced suspension of sealing of their establishments till further orders of the Supreme Court (SC).

"Such establishments will not be sealed till further orders," MCD Additional Commissioner Parimal Rai, said.

Rai said these traders, who are covered under the two notifications dated September 7 and 15 on mixed land use, have to submit a fresh undertaking to the apex court-appointed monitoring committee assuring that they have stopped misuse of their residential premises for commercial activities.

These properties include those that have already been sealed, those that have been voluntarily closed and also those that are yet to be sealed.

The fresh affidavits have to submitted to the respective zonal offices of the civic body by November 19 and the monitoring committee will carry out random checks of the premises to ascertain if the misuse has been stopped, Rai said.

He, however, said the sealing drive will continue against the properties not covered under the two notifications, including those in the posh colonies and hazardous units.

The MCD's announcement followed the SC directive that it will consider giving relief to around 25,000 of them if they first stop the misuse of residential premises for commercial purposes.

Updated at 2000 hrs: Trai faces SC ire

Hopes of schools and government institutions operating from residential areas getting protection from the sealing drive were dashed today as the Supreme Court declined to budge from its stand.

A bench, headed by Chief Justice Y K Sabharwal, took strong exception that even Trai, whose office was sealed, was operating from a residential area.

"How can they regulate (telecom industry) if they cannot regulate themselves? the bench, also comprising Justices C K Thakker and R V Raveendran, observed.

The observation came while the bench was perusing the application of the government and Municipal Corporation of Delhi (MCD) in which they apprised the bench of the big names, including that of Trai, whose premises were sealed.

The court wanted to know whether Trai was functioning from a rented premises or it had purchased the building.

When no certain reply was given to it, the bench said: "Why should such type of authority use such premises whether rented or purchased"?

The fate of schools operating from residential area to get protection from the sealing drive was also dashed as the court declined to entertain a plea of Delhi International School, which is situated on the Mathura Road.

"There has to be rule of law. There cannot be a compassion minus rule of law," the bench observed while refusing to grant relief to the school.

Updated at 1200 hrs: Relief for traders only if they comply: SC

The Supreme Court today said relief against the sealing drive can be given to around 25,000 traders and professionals who have given undertakings, to first comply with them and stop the misuse of residential premises for commercial purposes.

A bench headed by headed by Chief Justice Y K Sabharwal said on consideration of the monitoring committee's report on their compliance the court will consider whether such traders for the present can be temporarily relieved of their undertakings so that they can be placed at par with others who have been covered by the October 18 order.  

"We permit them (about 25,000 traders and professionals) to inform the monitoring committe that in terms of the undertakings they have stopped the misuse," the Bench said.

The Bench said if such information was found right the monitoring committe will not resort to disconnection for the amenities or sealing of premises.

The court said the monitoring committee may if necessary conduct random checks and report the status. The Bench said the monitoring committee will have to file its report on or before November 20.

The court by its October 18 order has given relief to those traders who were covered under the protection provided by the two notifications of September 7 and 15.