Friday, September 22 2006 16:10 Hrs (IST) - World Time -

New Delhi: In a significant development, the central government Friday filed an affidavit in the Supreme Court to safeguard the interests of commercial establishments that operate in residential areas and face closure and sealing.

In its affidavit, the central government justified a notification issued on Sep 7 "permitting mixed land use" to ensure that commercial establishments in over 2,200 roads in the capital were not sealed.

The apex court by an order on Aug 10 had partially stayed certain provisions of the Delhi Laws (Special Provisions) Act 2006 enacted by parliament to provide a one-year moratorium on sealing operations.

The centre pointed out that since the act had not been stayed fully it was empowered to issue the Sep 7 notification. While issuing the notification, it had taken into consideration the wishes of the community and the traders for determining the mixed land use in the streets and roads covered under the notification.

The affidavit said the government had been guided by the need to maintain a judicious balance between the interests of the residents as well as traders operating in residential areas.

And at the same time ensuring sufficient safeguards against public nuisance, pollution and other hazards while permitting non-residential activities in residential areas.

According to the central government, retail shops are permissible on ground floor on mixed use and commercial streets under the revised master plan. Other activities, namely banks, nursing homes, guesthouses, primary schools and fitness centres are permissible on streets of minimum prescribed road width.

It said the Delhi Laws (Special Provisions) Act casts responsibility on the central government to finalise policy guidelines in respect of certain categories of unauthorised developments.

By doing so and modifying the master plan, the centre was not violating the orders of Supreme Court in any manner.

The Municipal Corporation of Delhi also filed an affidavit explaining its reasons for stopping sealing operations in the capital in view of the trader's agitation and the resultant police firing on Wednesday in which four people were killed.

The matter will come up for hearing on Sep 25.