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2007 DIGILAW 761 (SC)

M. C. Mehta v. Union of India

2007-05-07

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

body2007
ORDER : I.A. No.22 1. In view of the affidavit filed by the Ministry of Urban Development, and after hearing learned A.C. and SG, we feel that the definite views of the different agencies, who have definite roles to play, for implementation of the Master Plan, need to be ascertained. 2. Issue notice returnable on 23.7.2007, to the authorities as per the list supplied by the learned SG. The response, if any, shall be filed within three weeks. 3. It has been brought to our notice that during the pendency of this matter before this Court, the MCD is granting permission to construct additional floor. Such permission shall not be granted hereinafter. 4. So far as the notification relating to the roads for commercial user is concerned, the Authority shall not permit the same to be done without proper survey. The relevant details shall also be brought to the notice of this Court for further orders. 5. We have considered Report No.34 dated 4.5.2007 of the Monitoring Committee. In para 3 of the Report, it has been stated that there are large scale commercial activities being carried on public land meant for public utility services. There appears to be difference of view as to how sealing can be carried out, in terms of the orders of this Court and whether sealing has to be done by DDA or MCD. To avoid any confusion, we direct that the Monitoring Committee shall carry on sealing in the presence of functionaries of MCD and DDA. To avoid any further confusion, which is appearing in the minds of the NDMC Authorities, we direct that the sealing shall also be carried out in the areas governed by the NDMC. I.A.Nos.2044-2045, 2090 6. In view of the prayer these applications are disposed of as not pressed. I.A.No.2026 7. The order dated 10.4.2007 shall continue till the next date i.e. 14.5.2007. I.A.No.2033 No orders are necessary on this application. Rest of the IAs. may be listed on 14.5.2007.