Prohibited activities cannot continue, says apex court
Final hearing on April 10"Examine impact of master plan on infrastructure"
New Delhi: The Supreme Court on Monday stayed the sealing of commercial establishments in residential areas on 2,183 roads in the capital covered by the Master Plan Delhi-2021. The plan allows commercial and mixed land use on these roads.
Giving relief to traders, a Bench comprising Justices Arijit Pasayat, C.K. Thakker and R.V. Raveendran granted the stay until further orders after hearing Solicitor-General G.E. Vahanvati, amicus curiae Ranjit Kumar and others. It posted all matters pertaining to the sealing operations for a final hearing on April 10.
Documents to be indexed
Mr. Vahanvati submitted a copy of the MPD-2021 and said all documents that went into its formulation would be indexed and given to the amicus curiae. "We will furnish any document which the amicus curiae seeks from us."
Mr. Ranjit Kumar said though the plan had been notified, the court must examine its impact on infrastructure water supply, power, sewage, roads and parking. "If these major issues are not sorted out, the whole plan will become meaningless."
Agreeing with this submission, the Bench asked Mr. Ranjit Kumar to give his response to the MPD-2021 addressing various issues to enable the court to examine its legality and validity. When Mr. Vahanvati said all these concerns had been addressed in the MPD-2021, the Bench wanted to know "whether it is only on paper or fundamental to the making of the plan."
The court said no sealing would take place until it disposed of all matters.
To a question from the amicus curiae whether sealing of prohibited activities could continue, the Bench said: "What is not permitted in the Master Plan 2021 will not be allowed to continue." Prohibited activities could not continue.
The Municipal Corporation of Delhi, in its application, said the 2,183 roads, which were provided protection under the Delhi Laws (Special Provisions) Act 2006 notification, were included also in the MPD-2021 as commercial, mixed land use and pedestrian shopping streets for purposes of regularisation.
The Delhi Pradesh Citizen Council, in its petition, challenged the plan.