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SC declines interim injunction on sealing drive
The Supreme Court will hear on Monday applications filed by the Centre and the MCD seeking relief for the traders from the sealing drive in the capital.
Updated : Nov 19, 2013, 11:17 PM IST
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Updated at 12.20 pm
NEW DELHI: The Supreme Court on Thursday refused to grant an interim injunction on the Centre's plea for use of "administrative discretion" on the sealing drive issue and will hear on Monday applications seeking permission not to resume the operation in the capital.
"We do not know what is your administrative discretion," a bench, headed by Justice KG Balakrishnan, remarked when Additional Solicitor General Amarender Sharan and senior advocate Abhishek Singhvi, appearing for the Municipal Corporation of Delhi, made mentions for hearing of their applications.
The Centre and the MCD sought permission from the court for not resuming the sealing drive against about 44,000 traders who have given undertakings to stop misuse of residential areas for commercial purposes.
While listing the matter for hearing on November 6, the bench did not give any interim direction when Sharan pleaded that authorities be allowed to use their administrative discretion till the applications come up for hearing.
The Supreme Court-appointed Monitoring Committee, which had deferred resumption of the sealing drive, scheduled for Thursday by a day, is expected to meet later in the day and is likely to discuss the future action.
By Monday, the case is expected to be placed before Chief Justice YK Sabharwal, who will be free from a Constitution Bench hearing arguments on the scope of judicial review of laws put under the 9th Schedule of the Constitution.
The Centre's application, filed by the Urban Development Ministry, has sought modification of September 29 order by which the sealing was to commence on the premises of about 44,000 traders, who were allowed to continue their business till October 31 in view of the festivals.
The Municipal Corporation of Delhi filed a similar application seeking suspension of the sealing drive against traders who have given an undertaking to prevent misuse of the premises in residential areas.
Earlier report: Sealing will not resume on Thrusday
