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Apex court okays de-sealing in Delhi, but with a rider

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Posted: Feb 14, 2008 at 0003 hrs IST

New Delhi, February 13 The Supreme Court on Wednesday allowed de-sealing of commercial premises in unauthorised Delhi, an order that would come as a breather to the MCD and Delhi government.

The apex court, though, imposed a rider: owners of such premises will have to abide by the final order on the issue of legality of notification allowing de-sealing in certain areas.

A January 30 notification, brought by the Urban Development ministry, had allowed the civic authorities to de-seal premises that were earlier sealed as per the apex court’s orders in unauthorised colonies, slums, and lal dora areas.

A Special Bench headed by Justice Arijit Pasayat and comprising Justices D K Jain and L S Panta also ordered that owners whose premises will now be de-sealed have to submit an undertaking, with an assurance that final order passed by the apex court would be complied with. The Bench gave 10 days to file such an undertaking before de-sealing process begins.

Last week, the Delhi Pradesh Citizen Council challenged the UD ministry’s notification permitting de-sealing. The Council’s petition, filed through advocate Jasbir Singh Malik, sought the notification to be declared “unconstitutional, unjust and illegal”. The petition claims the notice was issued for political consideration, and as an attempt to overreach the Supreme Court’s orders.

The petition said the government exercising its powers under Section 5 of National Capital Territory of Delhi Laws (Special Provisions) Act, 2007 has been trying to protect properties not protected by the Act.

Following the submissions, the Bench also sought a public notice to implement of the order. It said the notice’s format would be worked out in consultation with the amicus curiae — counsel assisting the court.

The court also asked the UD ministry, Delhi government, MCD and DDA to file their response by April in view of the changed circumstances. It allowed any other interested party to furnish their response by May 14, posting the matter for further hearing later.

Civic body seeks fresh notification from govt
The MCD today asked the government to issue a fresh notification for de-sealing all properties in the Capital even as it said it would initiate the process as the Centre’s notification in this regard got a conditional approval. At a meeting of the MCD Standing Committee, its Chairman Vijender Gupta said the civic body has started verifying the applications for desealing and the process will be carried out soon after “genuine” applicants were identified.
“We are verifying desealing applications received by MCD after the Supreme Court directions in the matter and the desealing will be carried out as soon as we identify the genuine applicants," Gupta said. He said the MCD has received around 700 applications for de-sealing, and investigation is being undertaken. — PTI

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