The Supreme Court bench headed by Chief Justice of India Y K Sabharwal has given temporary relief to 18,000 shop owners of the capital. These traders had given a fresh undertaking to the monitoring committee set up by the court till 31st January 2007 from sealing.
The court however, turned down protection to 37 violators who had given undertaking but were using the residential area for commercial purposes.
The bench said those traders and professionals will be temporarily relieved of their undertakings and will be placed at par with others who were covered under the government's two controversial notifications of September 7 and September 15.
The court said that they will have to comply with the September 29 order and will have to file an affidavit by January 31, 2007 that they will vacate the premises if the Delhi laws (Special Protection Provisions) act, 2006 and the two notifications were declared invalid.
However the court said that big establishments who have complied with their undertakings will only be allowed to carry out their business activities only if they come out with a parking provision near their establishments.
The court declined to grant any protection to those who were carrying out their businesses by encroaching public land. The activities on such land must seize right away, the bench said.
All schools that come under the municipal corporation of Delhi and who had been served notices for sealing and asked the vacate the premises have been given protection of the court till the culmination of the current academic session in April 2007.
The court expressed displeasure that even after two months of issuing the notifications referring to the requirement for parking space, no steps are being taken.
"Nothing seems to have been done. One of the reason is lack of planning," the court observed. The court said that under these circumstances every care would be taken while planning for the future.
Further the court said the Centre and Delhi government will have to file detailed affidavits within six weeks about their roadmap for future planning keeping in view the requirements of public interest such as parking, water, electricity and environmental concerns.
Vijay Goel, former minister in the Atal Bihari Vajpayee government said that the protection offered by the Supreme Court was no concession."
If they had to eventually give concession till January 31, 2007 then why did they seal their shops in the first place. Why should the shop owners pay conversion charges for the mixed land use every year and where would they get the parking facilities?
Goel was one of the few politicians who had courted arrest in protests against the sealings in Delhi.
He said this country has strange laws -- the attacker of parliament Mohammad Afzal Guru is sought to be given a pardon and traders are hung in his place.
The traders would now have to ask the government of India to come out with the new master plan.
(With PTI Inputs)
