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2007 DIGILAW 831 (SC)

M. C. Mehta v. Union of India

2007-05-14

ALTAMAS KABIR, ARIJIT PASAYAT, C.K.THAKKER

body2007
ORDER : I.A. NO.1958 1. To be listed on 23.07.2007. 2. The D.D.A. is permitted to file an affidavit as regard the Zonal Plan in relation to the new Master Plan. I.A. Nos. 2001 and 2043 3. Heard learned counsel for the parties. 4. Let the construction beyond the sanctioned plan be first demolished. Further orders on the prayer for de-sealing will be considered after an affidavit is filed that the demolition beyond the sanctioned plan has already been carried out. The demolition shall be viz-a-viz the sanctioned plan originally. If there is any portion which is compoundable, it is for the concerned authorities to consider the prayer for compounding, if made, and, thereafter, the demolition shall take place. The same shall be in terms of the existing law when the unauthorised constructions were made. 5. List after three months. I.A. NOS.2025 and 2075 6. Heard. 7. We are not incliiend to accept the prayer for de-sealing. The I.As. are accordingly disposed of. However, we request the Delhi High Court to dispose of Writ Petition No.1295 of 2001, as early as practicable. I.A. Nos. 2026 and 2074 8. The prayer for modification of the order for desealing is rejected. 9. In case any subsequent order is passed by a competent authority, which has the affect of conferring legitimacy to the existence of School, that can be carried out after obtaining leave from this Court. It is stated that to accommodate the students of the applicant-School in another institution, applications shall be filed before the concerned authorities. Needless to say that if any such application is filed, the same shall be dealt with in accordance with law about which we express no opinion. The closure shall be effected by 30th June, 2007. I.A. Nos. 2027 and 2028 AND 2038 and 2039 10. The I.As. are dismissed as infructuous. I.A. Nos. 2035, 2036 AND 2037 11. In view of the stipulations in the Master Plan, there shall not be any registration of the establishments as it is in Special Area. I.A. NOS.2031-2032 AND 2051 and 2052 12. List on 23rd July, 2007. I.A. NO.2046 13. Heard. 14. The premises in question shall be de-sealed subject to observance of the undertakings, as contained in paragraph-17 of the application. 15. I.A. No.2046 is, accordingly, disposed of. I.A. NOS.2061 AND 2062 and 2057 and 2058 16. List in July, 2007. 17. I.A. NOS.2031-2032 AND 2051 and 2052 12. List on 23rd July, 2007. I.A. NO.2046 13. Heard. 14. The premises in question shall be de-sealed subject to observance of the undertakings, as contained in paragraph-17 of the application. 15. I.A. No.2046 is, accordingly, disposed of. I.A. NOS.2061 AND 2062 and 2057 and 2058 16. List in July, 2007. 17. The DDA to file its response with four weeks. I.A. Nos.2072 and 2073 18. List on 23rd July, 2007. I.A. NO.2064 19. List on 23rd July, 2007. I.A. NO.....(Diary No.14856/2007 - filed by Mr. Debasish Misra) 20. No orders can be passed in these proceedings in respect of this petition. I.A. NO.2063 21. List on 17.05.2007 awaiting the order of the Monitoring Committee. I.A. NO.2076-2077 22. List in July, 2003. I.A. NO.2066, 2087, 2070 and 2071 23. List on 23rd July, 2007. 24. The DDA shall place its response on record within four weeks. I.A. NO.2047 and 2048 25. These I.As. have become infructuous by passage of time. I.A. NO.8 in WP(C) 263/2006 26. Taken on board. 27. List on 23.07.2007. 28. The DDA shall file its response within four weeks. I.A. No.24 in WP(C) 263/2006 29. Taken on Board. 30. List in July, 2007. I.A. NO.31 in WP(C) No.263/2006 31. Taken on board. 32. No orders are necessary. I.A. NO.2029 33. No orders are necessary in view of the Monitoring Committee's report. I.A. NO.2049, 2050 34. List on 23.07.2007. 35. The DDA to file its response within four weeks. I.A. NO.2083 36. List on 23.07.2007. 37. The DDA to file its response within four weeks. I.A. NOS.2067-2068 38. No orders are necesssary in view of the Monitoring Committe's Report. I.A. NO.2078 39. The I.A. is permitted to be withdrawn. I.A. NO.3 IN WP 464/2006 40. Taken on Board. 41. List on 23rd July, 2007. I.A. NO.2085-2086 42. List in July, 2007. 43. The DDA to file its response within four weeks. I.A. NO.2082 44. List in July, 2007. 45. Until further orders, there shall not be any further sealing. I.A. NOS 2096-2097, 2092-2093,2094-2095 46. The DDA, MCD shall file their response. 47. In the meantime, there shall not be any further sealing. 48. List in July, 2007. I.A. NO.2063 49. List on 17.05.2007 awaiting the report of the Monitoring Committee. I.A. NO.2091 50. Issue notice. 51. The DDA to file its response within four weeks. I.A. NO.2084 52. I.A. NOS 2096-2097, 2092-2093,2094-2095 46. The DDA, MCD shall file their response. 47. In the meantime, there shall not be any further sealing. 48. List in July, 2007. I.A. NO.2063 49. List on 17.05.2007 awaiting the report of the Monitoring Committee. I.A. NO.2091 50. Issue notice. 51. The DDA to file its response within four weeks. I.A. NO.2084 52. List in July, 2007. I.A. NO.... (Diary No.28929 filed by Mr. Arvind Minocha,Advocate) 53. Taken on board. 54. List on 23rd July, 2007. I.A. NO.... (Diary No.1184 filed by Mr. Himanshu Shekhar, Advocate) 55. The I.A. is permitted to be withdrawn in terms of the letter circulated. I.A. NOS.2080-2081 56. Issue notice. 57. The response of the DDA, MCD, Archaeological Survey of India and the Delhi Police shall be filed within four weeks. 58. List on 23rd July, 2007. I.A. NO.2098 59. Reply to be filed within four weeks. 60. The DDA and MCD to file their response within four weeks. 61. List in July, 2007. I.A. NO.2099-2100 62. Issue notice. 63. List on 23rd July, 2007. I.A. NO.2101-2102 64. Time is extended till end of June, 2007 to vacate.