ORDER IA No. 2155 1. It is stated by the learned amicus curiae that the plan submitted by the a applicant related to construction of the second floor, which is accepted to be permissible. The building plan submitted for the second floor can be disposed of by NDMC and may be allowed, as stated by the learned amicus curiae. IA No. 2199 2. Dr. Rajeev Dhavan, learned Senior Counsel appearing for the applicant b stated with reference to a map that the exempted area covered A-4 up to 84 in the map. It is submitted that same is a notified area. It is stated that NCERT/ 84/Sarvodaya Enclave, Adchini is a notified area. It is stated that between the sealed premises and A-4, Sarvodaya Enclave, there is only a common passage abutting Aurobindo Marg. It is behind Khasra No. 251/200. Let the Monitoring Committee examine this aspect with reference to the map, copy C of which will be supplied to the Monitoring Committee when the matter is taken up afresh. A copy of the map has been handed over to learned counsel for MCD. 3. The Monitoring Committee shall fix up a date and intimate the date of hearing to the parties so that the matter can be re-examined early. IAs Nos. 2208-09 4. Let the Monitoring Committee's report as well as the response of ASI be filed within two weeks. DDA shall also file its report within the said period. IA No. 2200 5. In E-15, Kailash Colony, presently one shop is operating pursuant to the order of this Court. The broader issue to be examined is whether one small or big shop can be operated from one premises. Presently, since only one shop is operating, let that be not sealed. 6. If other applicants come seeking claim on the basis that they are similarly situated, that aspect shall be considered if the occasion so arises. f This order is only in respect of Shop No.5 in E-15, Kailash Colony. IA No. 2194 7. The response by the Monitoring Committee to the objections filed by Vidhata Estates (P) Ltd. be filed within three weeks. IA No. 2203 g 8. The IA filed by the Small Shops Traders' Association cannot be considered. If the individual shop owners have any grievance, they may move this Court. The IA is accordingly disposed of. IAs Nos. 2211 in 2109,2110 and 2177 9.
IA No. 2203 g 8. The IA filed by the Small Shops Traders' Association cannot be considered. If the individual shop owners have any grievance, they may move this Court. The IA is accordingly disposed of. IAs Nos. 2211 in 2109,2110 and 2177 9. Subject to the filing of an affidavit, as indicated in the report of the h Monitoring Committee, there shall be temporary de sealing for removal of goods and with the stipulation that the premises shall not be misused in future, the Monitoring Committee shall permit permanent desealing only after the undertaking by way of an affidavit is filed and the records are removed. The IA is accordingly disposed of. IAs Nos. 2195-96 10. Subject to the payment of the conversion charges, as penalty for the years 2006-2007 and 2007-2008 at the rate indicated by the Monitoring Committee in its report, the applicant shall be permitted to use the premises till the end of June 2008. The IA is disposed of accordingly. IAs Nos. 2153-54 and IADs Nos. 39014, 39018, 39801, 39804, 39809, 38956 & 38936012007 & IA No. 2153-54 11. None appears for the applicants. Adjourned. IAs Nos. 2082, 2092-93 and 2094-95 12. Adjourned till the end of January 2008. IA No. 2161 13. The Archaeological Survey of India's response be filed within four weeks. 14. IAs Nos. 2189-90 shall also be listed along with this IA. IA No. 2083 15. List this IA along with the main matter. Additional documents, if any, be filed within four weeks. IAs Nos. 2140-41 16. If the applicant approaches the officer concerned of DDA for the format required for the purpose of shifting the premises, the same shall be given to him tomorrow i.e. 12-12-2007 in case the approach is made tomorrow. Thereafter, if the applicant approaches, it will be supplied on the day he approaches for giving the format. The authority concerned, according to the learned counsel for DDA is the Commissioner (Lands). IA No. 2115 17. A copy of the reply given by DDA has been supplied to the learned amicus curiae. Adjourned by four weeks. IA No. 2218 18. Time is extended up to 31-3-2008. We make it clear that we have not expressed any opinion on the merits of the dispute relating to the landlord and tenancy aspect. The IA is disposed of accordingly. IAs Nos.
Adjourned by four weeks. IA No. 2218 18. Time is extended up to 31-3-2008. We make it clear that we have not expressed any opinion on the merits of the dispute relating to the landlord and tenancy aspect. The IA is disposed of accordingly. IAs Nos. 41, 42 and 43 in WP (C) No. 263 of 2006 19. Learned counsel for the applicant states that though it was really not necessary, an application for necessary permission was filed with MCD for modification of the passage. It is stated that the reply of MCD is net very specific. Let MCD deal with the application and pass necessary orders in accordance with law. 20. It is further submitted that in view of the Ordinance notified on 15-9- a 2007, the premises are protected till 31-12-2008 from any punitive action. The effect of this shall also be examined by the Monitoring Committee which shall submit a report within three weeks. IAs Nos. 44, 45 and 46 in WP (C) No. 263 of 2006 21. It is stated that necessary permissions are available. Let the Monitoring Committee examine this aspect. IAs Nos. 2178-79 22. Adjourned. IAs Nos. 2212-17 23. So far as the matters relating to the construction of the third floor are c concerned, the matters are adjourned by six weeks. Within four weeks, MCD shall file its report in respect of each applicant. This order shall operate in respect of IAs Nos. 2212-17 only. 24. In Monitoring Committee's Reports Nos. 40 and 43, there was indication that orders are solicited regarding the status of NGOs occupying residential buildings. MCD has stated that these are matters relating to the d policies with which DDA and the Central Government are concerned. It is stated that though MCD has indicated its view, the final views of DDA and the Central Government have not been forthcoming. 25. We direct learned counsel for DDA and the Central Government to indicate their respective views within four weeks. Copy of the relevant e extracts of the two reports be supplied to the learned counsel for DDA and the Central Government. The matters relating to special areas shall be taken up along with the main matter. 26.
25. We direct learned counsel for DDA and the Central Government to indicate their respective views within four weeks. Copy of the relevant e extracts of the two reports be supplied to the learned counsel for DDA and the Central Government. The matters relating to special areas shall be taken up along with the main matter. 26. In the report dated 10-12-2007 of the Monitoring Committee it is stated that because of difference between two learned Judges of the Delhi High Court in WP (C) No. 4608 of 2007, the matter is now posted before a f learned third Judge. Inter alia, it relates to the jurisdiction of the Monitoring Committee appointed by this Court and the effect of an order passed by a learned Single Judge by which maintenance of status quo was directed as to possession. The further issue that appears to have been raised is whether sealing amounts to violation of the High Court's order of status quo relating to possession. 9 27. Since the matters are being examined by this Court, the proceedings before the learned third Judge, to whom reference has been made because of the difference, shall remain stayed until further orders. 28. The report dated 10-12-2007 of the Monitoring Committee shall be kept on record. Court Masters.