[Urbanstudy] delhi trade protests timeline

[anant m]

SEALING: The eight-month saga

THE BEGINNING
* On February 16, the Supreme Court ordered the
Municipal Corporation of Delhi to seal the commercial
set-ups operating illegally from residential areas.
* The order came during the hearing of a case filed in
2002 by advocate MC Mehta on the misuse of residential
properties through commercial use. That year, the
court, in a separate case, had given a judgment in
MCD’s favour, permitting it sealing powers. Big
markets like South Extension, Lajpat Nagar, Karol Bagh
and Greater Kailash were to come under the scanner.

MONITORING COMMITTEE STEPS IN
In March, the apex court constituted a three-member
panel — comprising retired bureaucrat Bhure Lal, KJ
Rao and retired general JS Jingon — to supervise the
implementation of the court orders on sealing.

AFFIDAVITS FILED
* On February 16, the court asked the MCD to begin
sealing shops on 229 roads — including roads upto 80
feet wide — which MCD identified. The MCD earlier, had
issued a public notice listing these roads and had
given shopkeepers a month’s time to shut shop.
* As the MCD was gearing up to begin the sealing drive
on March 29, the monitoring committee allowed
shopkeepers to file affidavits promising to shut shop
by June 30.
* The affidavits, however, were forgotten as in May,
the Centre brought in the Delhi Laws (Special
provisions) Act, 2006.
* In July, the Supreme Court, while hearing a petition
by the Joint Residents Welfare Association Front,
stayed part of the Act that dealt with the sealing
issue and directed that the MCD resume the sealing
drive on the 229 roads it listed.
* As the traders started a violent protest, the Urban
Development Ministry issued two notifications on
September 7 and 15, declaring 2,183 roads for
commercial and mixed land use. The MCD listed and
notified the roads.
* The Supreme Court, however, took strong exception to
the notifications and will be giving its decision on
November 10. It ordered the MCD to start sealing the
shops whose owners had filed the affidavits. Shops of
timber and marble, hazardous and polluting industries
and auto repair shops in residential areas were to be
sealed as well.

WHAT’S IN, WHAT’S OUT
* Majority of the main markets — South Extension,
Lajpat Nagar, Paschim Vihar, Jail Road and Vikas Marg
— are covered under the two notifications and are out
of the sealing scanner. Markets in Greater Kailash,
Vasant Vihar and Siri Fort Road that fall in
categories A and B will have to shut down
* Shopkeepers from exempted markets, who filed
affidavits too, will have to shut down.
* The Court has given relief to shops that are
functioning from spaces less than 20 sq m and
household shops like grocery stores, barber shops,
unbranded beauty parlours and tailoring shops
functioning from residential areas.

THE STATUS NOW
Following the violence last week, during the three-day
bandh called by the CAIT, the sealing drive which was
to begin on November 1 was postponed to November 2 by
the monitoring committee. The MCD, however, did not
resume the drive citing the volatile law and order
situation in the city.
* Both Centre and the MCD filed applications in court
to stall the drive temporarily and extend relief to
shopkeepers who had filed affidavits.
* On November 3, the MCD filed another application,
citing the law and order situation as a problem.
* On November 6, the Supreme Court refused to provide
any relief to traders of unauthorised business
establishments in residential areas in the Capital and
asked the authorities to resume the sealing drive
against them.

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