In an application, the government said the court may modify its order and permit the traders to continue their commercial activities beyond October 31.
NEW DELHI: Citing the traders' difficulties, Government on Wednesday moved the Supreme Court seeking permission not to resume sealing drive from Thursday against those who have given an undertaking to shift their businesses from unauthorised premises.
The application filed by the Ministry of Urban Development sought modification of the September 29 order by which the sealing was to commence on the premises of 44,000 traders, who were allowed to continue their business till October 31 in view of the festivals.
The Centre said these traders, who are facing threat of sealing, should be allowed to continue with their activities subject to their filing an additional undertaking before the Monitoring Committee that misuse will be stopped if the Delhi Laws (Special Provisions) Act, 2006 and September 7 notification are declared invalid.
The traders, whose premises were covered under the September 7 notification, were allowed to continue with their business on the condition that it would be subject to the outcome of the validity of the Act and notifications.
The Ministry said there was considerable distress among the traders over the fact that the affidavits filed by them earlier, truthfully stating their position, had not saved them from closure of their establishments.
The traders, who had not given undertaking to stop the misuse of the premises, were granted time till January 31, 2007 to file an affidavit before the Monitoring Committee.
Out of the over 41, 000 traders who had filed affidavit, MCD estimated that 9,000 were operating from 20 sq.m premises and they were eligible for relief by way of apex court's September 29 order which kept operational the Government's two notifications allowing commercial activities in the residential areas pending its decision on their validity.
The application said only few thousands traders are not covered under the September 7 notification and they should be granted protection like others covered in that category.
Undesirable to carry out sealing: GOM
The Centre on Wednesday said it was not desirable to carry out the sealing drive from Thursday in view of the continuing tense situation in the capital.
Briefing reporters after a meeting of the Group of Ministers (GoM) chaired by Home Minister Shivraj Patil, Union Urban Development Minister S Jaipal Reddy said the MCD and his ministry have been directed to approach the Supreme Court and apprise it of the prevailing situation.
"We hope that everything will work out in an orderly manner," he said.
The Minister remained non-committal on whether the sealing will take place on Thursday or not, saying it was up to the Supreme Court to take a decision in the matter.
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