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Centre moves SC New Delhi, November 13 In almost identical applications, filed in the Court Registry, which might list them for hearing soon, the Union Government and the MCD sought further time for filing of affidavits by nearly 25,000 traders, who had given an undertaking prior to June 30 to shift their shops from residential areas. They said the number of traders who had filed affidavits prior to June 30 was around 40,000, but due to the relief given by way of the September 7 and 15 notifications on mixed land use plan, only 25,000 of them now needed to file the affidavits for stopping misuse of their residential premises for business activities. The government and the MCD claimed that even though the 25,000 traders were also covered under the September 7 and 9 notifications, the court had not given them relief as their trade did not fit in the 22 categories of activities drawn by the Monitoring Committee, mainly confining to small trades. “Hon’ble Court’s indulgence is being sought for judicial pardon on this category of people… there are adequate grounds for parity and equanimity for this category… that may be showered the benevolence, compassion and magnanimity,” the MCD said, seeking to grant them extension for filing the affidavits till January 31 next as was granted to those who were yet to file them. The corporation said all those establishments covered under the September 7 and 15 notifications but sealed by it as per the direction of the Monitoring Committee be allowed to be de-sealed, provided the traders gave an undertaking to stop the misuse of their residential premises by January 31. The government, on the other hand, was silent on the January 31 deadline but merely said that since these traders were covered under the twin notifications, they should be allowed to continue with their activities by the court by making modification in its September 29 order, not granting any relief to big traders. The court had not granted further time to these traders because they had earlier given a clear undertaking to shift their shops out of residential colonies but when the two notifications on mixed land use were issued, they sought to take shelter under the same to continue with their business, which the court said, was nothing but taking it for a ride.
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