M A I N   N E W S

Review law and order first, says MCD
S.S. Negi
Legal Correspondent

New Delhi, November 3
In the continued turns and twists in the government stand on the issue of sealing of illegal shops in Capital’s residential areas on the face of strong protest by traders, the Municipal Corporation of Delhi (MCD) today moved another application in the Supreme Court for stop the drive indefinitely, linking it to the law and order problem.

The application mentioned by MCD counsel Sanjiv Sen before a Bench of Mr Justice K.G. Balakrishnan and Mr Justice Lokeshwar Singh Panta for inclusion in its earlier petition for hearing on November 6, said: “The sealing operation may commence only after a review of the law and order situation by the Union Government and the Monitoring Committee.”

The court agreed to add the fresh application of the MCD with its earlier application seeking extension of the time limit for the filing of fresh affidavits by 41,000 traders, who had given undertaking to the court earlier to shift their shops away from the residential colonies. The Union Government in its fresh application sought postponement of the sealing drive till the final disposal of case by the court.

The MCD though said that its intention was to abide by the direction of the court to go ahead with the sealing drive, which it was duty bound to comply with but after “a careful deliberations, the government is of the view that commencement of it at the present would lead to serious law and order problem as the situation is still volatile.”

To justify the change of its stand, the government gave details how a three-day bandh by traders had resulted in widespread unrest in the Capital, eruption of violence in some parts, burning of public and private properties, including 20 buses, and blocking of traffic at various places.

It said the violent protest had resulted in the detention of a large number of persons and registration of cases against them under various provisions of law. In view of all these factors, “there are serious practical difficulties to commence sealing at present and the situation has been reviewed by the government at various levels,” the MCD said.

It stated that between March and May, the MCD had sealed 5,000 illegal shops as per the court’s February 16 order and 3,000 establishments after August 10 directive till the government had issued the notifications on September 7 and 15 by the Centre on the mixed land use plan.

Meanwhile, the Home Minister, Mr Shivraj Patil, heading the Group of Ministers handling the sealing issue said all political parties had unanimity on halting the sealing.

This was stated by the Home Minister after a meeting of BJP leaders from the city, led by Mr V.K. Malhotra, with him to express their concern on the situation arising out of the sealing drive.