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Home > News > PTI

Centre moves SC on sealing issue

January 25, 2007 00:03 IST

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The Centre on Wednesday moved the Supreme Court seeking an interim stay or modification of its order giving protection to users of residential premises in New Delhi for commercial purpose under the controversial September 2006 notification in view of the upcoming Masterplan 2021.

The application moved by the Ministry of Urban Development is likely to be mentioned on Thursday before Chief Justice K G Balakrishnan for an early hearing.

The Centre said in the application that the masterplan for Delhi 2021 is at an advanced stage of and all efforts are being made to notify it by the end of this month.

Under this circumstace, the order for giving an undertaking by the occupant of the premises be suitably modified or reviewed, the application said.

The court had by its September 29 order directed the owners of the premises that they have to file an undertaking before the monitoring committee that the user would be stopped if ultimately the court comes to the finding that the notification and the Delhi Laws (special protection) Act are to be held to be invalid.

Later, on October 18, the court had extended the date of filing of the undertakings to January 31, 2007.

However, the court had clarified that there was no restraint for the issuance of masterplan 2021.

The application said if the masterplan comes into force, the notifications would no longer be applicable and status of mixed use of individual premises will have to be ascertained keeping in view the masterplan.

The proposed masterplan 2021 envisages mixed land use, which would cover all the roads protected under the notification.

A similar application is likely to be filed by MCD.

The sealing of commercial activities in residential premises had evoked sharp reaction from traders of Delhi who had staged violent protests and enforced general strikes in 2006.

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