Seal all commercial outlets in unauthorised Delhi colonies in three weeks, orders SC
28 08 2007THE Supreme Court today ordered the closure of all commercial premises being run out of 1,500 unauthorised Delhi colonies within three weeks or face sealing. The directive came amid an extremely volatile outburst from the Union government’s counsel, who questioned the apex court-appointed monitoring committee’s powers.
“Three weeks from today, commercial areas operating from unauthorised colonies shall be sealed,” the Special Bench headed by Justice Arijit Pasayat directed. The Bench almost ignored the pleas of Additional Solicitor General (ASG) Vikas Singh to not issue such directions “in the absence of a competent petition on the issue”.
The Bench also comprised Justices C K Thakker and L S Panta.
Referring to the Supreme Court’s 2006 judgment through which the sealing process began in the Capital, ASG Singh pointed out that the order meant the court would only look into misuse of commercial premises in residential areas, besides deciding whether the MCD had powers to seal such premises. Relying on the apex court’s judgment, Singh contended: “As of today, there is nothing in your lordship’s order to deal with this (unauthorised colonies) aspect.
“It is not possible for the monitoring committee to say what is commercial in an unauthorised colony, as it is yet to be decided.”
The ASG contended that unauthorised areas, from where the court wants all commercial activities evicted in three weeks, are not residential areas. The ASG’s argument indicated that the apex court cannot decide on this issue as this was not the subject matter of the petition before it.
ASG Singh stood up the moment the Bench issued a direction for sealing in unauthorised colonies and contended that it would create a huge law and order problem in the city. But the Bench rejected Singh’s argument and asked the counsel to calm down. “Don’t raise your voice. We are not accustomed to it,” the Bench observed. “You cannot argue after we have passed the order.”
To this, Singh maintained: “The Union of India is not being heard in this country. I want to argue as this issue has not been deliberated.”
But the ASG’s submissions further fuelled the tempers, and Justice Pasayat shot back, “You cannot say this¿. It is unfair to the court. You may invite contempt.”
But seemingly unfazed by the Bench’s retort, the ASG finally said, “I am ready to face contempt.”
The order for sealing will, however, not affect 24 categories that were earlier allowed for regular colonies and commercial premises operating from 20 square meter area. Among exempted categories are photostat/STD/PCO booths, vegetable/fruit sellers, meat/fish shops, ATMs, chemists, general stores and paan/cigarette shops.
