New Delhi: The Supreme Court (SC) on Monday lambasted the Central Government and the Municipal Corporation of Delhi (MCD) for circumventing its efforts to prevent commercial activities in residential areas by modifying the laws on the issue.
A bench of Chief Justice Y K Sabharwal, and judges A R Lakshmanan and C K Thakkar blamed the Central Government and the MCD for creating confusion on the issue.
By its August 10 order, the apex court had partially stayed the provisions of Delhi Special Law Act providing a one-year moratorium on the sealing of illegal commercial premises in the city.
The court had then made it clear that the sealing operations would recommence from September 16 and the matter would be heard September 18.
The Central Government issued a notification on September 7 providing for changes in the Capital's master plan and as well as on the issue of "mixed land use" to permit commercial activities in residential areas.
By a notification on September 15, the MCD said that around 2,000 roads would be exempted from the sealing process and that commercial activity could be carried on in these roads.
Non-Government Organisation Delhi Citizens' Council challenged the Delhi Special Law Act, as also the two notifications, in the SC.
The council on Monday made a mention before the Chief Justice on the urgency for taking up the matter expeditiously.
The bench then enquired from the Government as to what message it was trying to send out.
"Those who file affidavits that they would abide by the court order would not be protected but others who had violated the court order could be protected by virtue of two notifications," the bench pointed out.
It also questioned the timing of the notifications ahead of the SC hearing of the matter.
"Is it not your duty to seek the permission of the court before issuing the notifications? It seems there is total blind apathy on the part of the Central Government and the Delhi government to the court order," the court observed.
"If the notifications are made without keeping in view the ground reality, we do not know for whom you are issuing the notification. You want to please the public and the traders outside the court but inside the court you don't have the guts to admit that you have violated the court order," it added.
The bench, without passing any order, listed the matter for hearing on September 25.
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