New Delhi, Sep 25 (IANS) The Supreme Court Monday reserved its verdict on a batch of petitions seeking a direction to stay the Sep 7 government notification to stop the sealing operations in the capital.
The notification permitted traders to carry on their commercial activities in residential areas and put a moratorium on sealing operations.
A three-judge bench, comprising Chief Justice Y.K. Sabharwal and judges C.K. Thakker and R.V. Raveendran, reserved the verdict and indicated it would pronounce the orders by Friday when the court would close for the Dussehra vacation.
Tracing the sequence of events that led to the issuance of the notification by the government and another notification by the Municipal Corporation of Delhi Sep 15, the bench expressed its displeasure over the manner in which an attempt was made to override the orders of the court.
'You had told the court on Sep 18 that the orders of this court would not get modified automatically by the notifications. Do you stand by your statement or is there is any change in your stand?' the bench asked Solicitor General G.E. Vahanvati.
The solicitor general, however, made it clear that it was not the intention of the government to overreach the orders of the court or that the notifications would automatically change the court orders.
The bench observed that 'whether it is implementation of the order on shifting of hazardous industries or unauthorised construction or removal of encroachments or in the CNG matter every time utmost resistance comes from those who have to implement the law and not from the public or the citizens.
'This case is no exception. Even if some relief as an interim measure was to be given, the rule of law remains to be maintained.'
The petitioners - Delhi Pradesh Citizen Council, some Residents Welfare Associations, former Chief Secretary in Delhi Government Omesh Sehgal and amicus curiae in the case Ranjit Kumar - pleaded for stay of the Sep 7 and 15 notifications.
The government had filed an affidavit to give effect to the notifications to stop the sealing of commercial establishments operating in residential areas in Delhi.
It said 'the wishes of the community have been taken into account for determining the mixed use streets in certain categories of colonies, in respect of which the RWAs have expressed such desire to be consulted. Various checks and balances have also been prescribed in the revised provisions in order to balance the interests of residents and traders'.