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Supreme Court of India · body

2007 DIGILAW 1485 (SC)

M. C. Mehta v. Union of India

2007-10-08

ARIJIT PASAYAT, C.K.THAKKER, D.K.JAIN

body2007
ORDER : I.A. No. 2177 1. As a last chance, time is granted till 31st October, 2007 to stop the misuser of the premises. 2. I.A. Nos.2109, 2110 and 2177 are accordingly disposed of. I.A. No.2064 3. The I.A. shall be listed on 13.11.2007 with the main matter. I.A. Nos.2082, 2092 - 2093, 2094, 2095 and 2153 - 2154 4. List on 29.10.2007. If any response by the DDA is to be filed, the same shall be filed latest by 24.10.2007. I.A. Nos. 2057 - 2058 and 2061 - 2062 5. The MCD does not propose to file any response. It adopts the stand taken by the DDA. I.A. No. 2066 6. In view of the response of the DDA, I.A. No.2066 is rejected. I.A. No. 2087 7. None appears to support the application. 8. In view of the response filed by DDA, I.A. No.2087 is rejected. I.A. No. 2049 - 2050 9. In view of the order dated 27.08.2007, no further order is necessary to be passed in these I.As. The I.As. are accordingly disposed of. I.A. Nos. 2085 - 2086, 2088 - 2089 10. Two weeks' time is granted to the Monitoring Committee to furnish its reply. Call the matter after two weeks. I.A. Nos.37- 38 in W. P .(C) No.263/2006 11. Learned counsel for the petitioner states that an appropriate application for change of the outlay plan shall be made within three weeks from today. The authorities would do well to consider the same and pass necessary orders in accordance with law within a period of eight weeks. 12 The matter shall be listed after eight weeks. I.A. Nos.2146, 2167 and 2176 13. We find no merit in these I.As. The I.As. are, accordingly, rejected. 14. However, time for stoppage of the misuser is granted till end of December, 2007. The premises shall be de-sealed for the above said period only. We make it clear that our order shall not be construed to be expression of any view in the litigation pending between the landlord and the tenant- applicant. I.A. Nos.2080 - 2081 and 2165 - 2166 15. The Archaeological Survey of India shall submit its report within two weeks. The Monitoring Committee shall also examine the report of the ASI and submit its report before the next date which is fixed to 29.10.2007. I.A. Nos.2178 and 2179 16. I.A. Nos.2080 - 2081 and 2165 - 2166 15. The Archaeological Survey of India shall submit its report within two weeks. The Monitoring Committee shall also examine the report of the ASI and submit its report before the next date which is fixed to 29.10.2007. I.A. Nos.2178 and 2179 16. The Registry shall supply extracts of the Monitoring Committee's Report No.4 0 so far as they relate to Chandiwal a Estate, i.e. paragraphs 21 to 29. 17. Response, if any, to these observations of the Monitoring Committee's Report shall be filed within three weeks. Put up thereafter. I.A. Nos. 2159 - 2160 18. A copy of the extracts of Report No.4 2 of the Monitoring Committee so far as it relates to Shri Mahabir Singh, (i.e. Serial No.5) shall be supplied to the applicant by the Registry. Response, if any, to the Report by the applicant within three weeks. List thereafter. I.A. No.2084 19. Upon being mentioned, the matter is taken on board. 20. List on 13.11.2007. I.A. Nos.2180, 2181 and 2182 21. By these applications, the validity of the Ordinance dated 15.09.2007 has been questioned. 22. Issue notice. 23. The Union of India, DDA, NCT of Delhi and the MCD shall file their response. 24. Learned Amicus Curiae shall also indicate his views by a memorandum. The views of the Monitoring Committee shall also be placed on record, in addition to the views expressed in the Report dated 05.10.2007, i.e. in Report No. 43 (paragraph No.2). This matter shall be listed along with the original writ petitions which are listed on 13.11.2007. The response by the different agencies shall be filed by 01.11.2007 in order to enable learned A.C. to indicate his views, who shall do so by 12.11.2007. I.A. No.22 25. From the Report of the Monitoring Committee dated 05.10.2007 (Report No.4 3), it appears that there is a difference in perception of MCD and DDA about sealing in special areas. While the DDA in its letter dated 10.08.2007 states that properties on notified streets qualify for payment of conversion charges as per the mixed use regulations prescribed in M P D- 2021, such mixed use/commercial activities may not be allowed on streets which are not notified in residential areas. While the DDA in its letter dated 10.08.2007 states that properties on notified streets qualify for payment of conversion charges as per the mixed use regulations prescribed in M P D- 2021, such mixed use/commercial activities may not be allowed on streets which are not notified in residential areas. The MCD appears to be of the view that the Special Areas are exempted from any punitive action for a period of three years from the date of notification of the M P D- 2021. A copy of the extracts of Report No.4 3 (para graphs 6 and 7)shall be supplied by the Registry to learned counsel for the MCD along with a copy of the letter ('Annexure- B'). The response of the MCD, if any, shall be filed within three weeks. 26. If any action for sealing is being taken pursuant to and in line with this Court's order dated 24.03.2006 and 11.05.2006, the same shall be in order. 27. It is pointed out by the Monitoring Committee in its report that the conversion charges have not been paid for registration as small shops or for carrying out commercial activities. Learned counsel for the MCD shall find out the actual position and file an affidavit. 28. So far as functioning of NGOs in residential buildings is concerned, the Monitoring Committee has given its report with reference to a letter of the DDA dated 27th August, 2007. Since the matter needs to have the attention of the MCD and the DDA, let the extracts of Report No.43 of the Monitoring Committee (paragraphs 14 and 15) be supplied to learned counsel for the MCD and DDA so that their response can be brought on record within three weeks. Call the matter after three weeks. 29. We have considered the recommendations of the Monitoring Committee, as contained in paragraph- 16. The storage of agricultural produce like rice, wheat and pulses in the godowns in rural areas shall be permitted so that the agricultural produces can be stocked in such godowns. 30. Issue notice to Raj Vidya Kender, Village Shahurpur along with extracts of Report No.4 3 (paragraph- 17) of the Monitoring Committee's Report to show cause as to why action in terms of the recommend actions shall not be taken. 31. Issue notice also to the National Capital Territory of Delhi to file its response. The response shall be filed within four weeks. 31. Issue notice also to the National Capital Territory of Delhi to file its response. The response shall be filed within four weeks. List after four weeks. 32. The matters which were directed to be listed on 22.10.2007 shall be listed on 29.10.2007.