Sealing: SC to consider relief for 25,000 traders

Centre asks traders to file affidavits.

In some respite to traders facing the threat of sealing, the Supreme Court today said it will consider giving relief to around 25,000 of them if they stop the misuse of residential premises for commercial purposes as per their undertaking.

The court said relief to such traders and professionals, including those protected under the controversial September 7 and 15 notifications, will be considered after receiving the report of the monitoring committee to which they have to inform that they have stopped the misuse in terms of the undertaking.

"We permit them (25,000 traders and professionals) to inform the monitoring committee that in terms of the undertakings they have stopped the misuse," a Bench comprising Chief Justice Y K Sabharwal, Justice C K Thakker and Justice R V Raveendran said.

Those covered under the two notifications were earlier directed to give the undertaking by January 31, 2007.

However, there was no relief for around 5,000 traders who did not have any protection either from the court or by way of notification and the sealing of their premises would continue, the Bench said.

While giving liberty to the monitoring committee to conduct random checks at the premises of those who have given the undertaking, the court asked it to file its report on or before November 20.

"Thereafter the court will consider whether such traders for the present can be temporarily relieved of their undertakings so that they can be placed at par with others who have been covered by the October 18 order," the Bench said.

The court in its October 18 order had given relief to those traders who had not given undertaking to stop the misuse but were covered under the protection provided by the two notifications.

Following the SC ruling, the Centre asked the 25,000 traders who are covered under the September 7 and 15 notifications to file affidavits before the court complying with its latest directions.

The Municipal Corporation of Delhi too decided to not to carry out sealing action till November 19 against the 25,000 traders.

After a nearly 30-minute meeting of a Group of Ministers (GoM) on the issue, headed by Union Home Minister Shivraj Patil, Union Urban Development Minister S Jaipal Reddy asked the traders to give in writing that they have closed down commercial activities in residential premises.

He said the traders covered under the September 7 and 15 notifications on mixed land use have been asked to file affidavits before the Supreme Court complying with its latest directions and hoped they will get relief from court.

"The 25,000 traders should avail of this opportunity and give the required information on a plain paper to the Supreme Court-appointed monitoring committee," he said.

To a specific question whether sealing would continue in the remaining cases, he said it would depend on the monitoring committee.