Research › Browse › Judgment

Supreme Court of India · body

2006 DIGILAW 386 (SC)

M. C. MEHTA v. Union Of India

2006-04-03

C.K.THAKKER, Y.K.SABHARWAL

body2006
ORDER 1. Taken on board. 2. In terms of the order dated 24 - 3 - 20061 considering the applications that had been filed by three associations and another application filed by an individual business house, this Court made a general order granting time to stop misuser up to 30 - 6 - 2006 subject to every individual filing an affidavit in terms of the conditions laid down therein on or before 28 - 3 - 2006. 3. Various learned counsels have mentioned matters which broadly fall in the following four categories: (1) where affidavits have been filed in terms of the order dated 24 - 3 - 20061 but after 28 - 3 - 2006 and the premises have been sealed; (2) affidavits filed late but the premises are yet to be sealed; (3) affidavits not filed and the premises sealed; and (4) affidavits not filed, premises not sealed, but on account of misuser may be sealed at any point of time. On behalf of the occupant owners falling in one or the other category, the submission is that they are prepared to stop misuser on or before 30 - 6 - 2006 and, therefore, extension of time be granted to file affidavits in terms of the order dated 24 - 3 - 20061. Further prayer is the opening of the seal which may have been put or may be put, on filing of affidavits now in the extended period complying with the conditions stipulated in the order dated 24 - 3 - 20061. 4. Having heard the learned counsel for the parties, we are not inclined to stay the sealing process which has commenced pursuant to the orders passed by this Court. However, considering the submissions made by the learned counsel, we permit filing of affidavits by and including 7 - 4 - 2006. In case such an affidavit is filed, the Monitoring Committee may consider issue of directions to the Municipal Corporation of Delhi for opening of seals or not sealing the premises, as the case may be, so that the individual trader can have the benefit of extension up to 30 - 6 - 2006 as per the order dated 24 - 3 - 20061. In case, the Monitoring Committee directs reopening of the seal, it shall be opened forthwith and consequential facilities may also be provided, such as electricity and water supply. Court Masters.