The Supreme Court on Wednesday extended till January 31, 2007, the date for filing of affidavits by Delhi traders facing sealing of shops.
NEW DELHI: In a breather to both government and traders on sealing issue, the Supreme Court on Wednesday extended till January 31, 2007, the date for giving undertaking on misuse of residential premises for commercial activities in the capital and clarified that its order never prohibited the Centre from issuing notification on Delhi's master plan 2021.
However, there was no relief for 44,000 traders who have already given undertaking to the monitoring committee to stop the misuse as the court refused to extend the deadline of October 31 after which the sealing operations will resume.
"We are not here to review that order. It is a closed chapter," the Bench headed by Chief Justice Y K Sabharwal said referring to its September 29 order by which it had given temporary relief to traders in view of the festival season.
The court did not accepted the argument of senior advocate Mukul Rohatgi that those who have filed the affidavit giving undertaking to stop misuse were precariously placed than those who have not given the undertaking till date.
However, the court modified its September 29 order for those covered under the controversial notifications of September 7 and 15, which have been made operational subject to the outcome of their validity.
The court had earlier ordered that those traders had to give the undertaking before November 10.
While making it clear that its order never restrained the Government from issuing notification on Delhi's master plan 2021, the Bench said "in that order, we were not concerned with the Master Plan for 2021."
The order was delivered on an application moved by the Ministry of Urban Devlopment expressing its constraint in implementing the September 29 order in such a shot time.
The court was informed that September 7 notification had also specifically mentioned that even the small traders would not be permitted to carry commercial activities in the A and B Category colony that signify some of the posh localities of the capital.
Covering other aspect of commercial activities, the Court said liquor vends cannot be permitted to be carried under the category of mixed land use.
Since only the ground floors will be allowed for trade purpose and rest of the building will be for residential purpose, the liquor vends cannot be permitted in the residential areas, the Court said.
However, the court clarified that liquor shops can operate from the commercial areas earmarked within the residential localities.
On the use of basements of buildings in residential areas for professional activities, when the Solicitor General G E Vahanvati said that Government was considering to bring some more professionals under the ambit, the court said government can consider bringing others including journalists under the category.
Earlier during the hearing when the Solicitor General sought three months extension on the issue of traders affidavit, the CJI asked him did he want that the matter be listed after January.
"You want the matter after January," the CJI said in a lighter vein triggering laugh in the courtroom as most knew he was retiring in January.
A Bench headed by CJI has been monitoring implementation of its judgements and orders on sealing which has kept both the government as well as traders on their toes.
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