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2008 DIGILAW 1430 (SC)

M. C. Mehta v. Union of India

2008-08-25

ARIJIT PASAYAT, C.K.THAKKER, LOKESHWAR SINGH PANTA

body2008
ORDER : 1. We have received the report submitted by the Joint Secretary to the Government of India and Convenor dated 12th August, 2008. Let copies of the report be supplied to Mr. Ranjit Kumar, Learned Senior counsel, (A.C.) Mr. G.E. Vahanvati, learned Solicitor General and learned counsel appearing for MCD, DDA, Delhi Government, NDMC and NCRT Board. 2. The response to the report, if any, shall be filed within ten days. 3. List this matter on 15th September, 2008. 4. I.A. No. 22 in W.P. (C) No. 4677/1985 and W.P.(C) Nos. 263, 264, 563, 569, 610, 464, 266, 450 and 470 of 2006 and 212 and 229/2008 shall be taken up on 30th September, and 1st October, 2008 for hearing. I.A........ of 2008 5. This I.A. has been filed by Delhi Pradesh Citizen Council seeking stay of notification dated 16.06.2008 and 12.08.2008. It is taken on Board. 6. Issue notice. 7. Learned counsel for the Union of India, MCD, DDA, NDMC and the Delhi Government accept notice. 8. Let them file response, if any, to this I.A. by 9th September, 2008. Rejoinder affidavit, if any, by filed by 11th September, 2008. 9. This I.A. shall also be listed on 15th September, 2008. If any action is taken by any person pursuant to these notifications, the same shall be at the risk of the concerned persons and no equity shall be claimed in case we hold that the notifications are without jurisdiction. 10. It is stated that in some of the I.As the applicants intend to appear before the Monitoring Committee to place their cases. Mr. Ranjit Kumar, learned senior counsel, A.C. stated that if Details are given, he will request the Monitoring Committee to take up those I.As and give report by the next date of hearing. I.A. Nos. 2277-2278 and I.A. Nos. 2140-2141: 11. Learned counsel for the petitioner prays to withdraw these I.As. Prayer made is accepted. I.A. Nos. 2277-2278 and I.A. Nos. 2140-2141 are dismissed as withdrawn. I.A. Nos. 2248-2249: 12. These I.As. are disposed of as having become infructuous. I.A. Nos. 2286-87, 2303-2304, 2318-2319, 2316-17, 2323-2324: 13. In these cases the Commissioner (Planning), DDA shall hear the applicants and send his report to the Monitoring Committee to be examined. 14. The Commissioner (Planning) shall examine the matter keeping in view Report No. 56 of the Monitoring Committee so far as they relate to these I.As. I.A. Nos. 2286-87, 2303-2304, 2318-2319, 2316-17, 2323-2324: 13. In these cases the Commissioner (Planning), DDA shall hear the applicants and send his report to the Monitoring Committee to be examined. 14. The Commissioner (Planning) shall examine the matter keeping in view Report No. 56 of the Monitoring Committee so far as they relate to these I.As. I.A. No. 2328: 15. It is stated by Mr. K.T.S. Tulsi, learned senior counsel that the ice-cream parlour run by Nirulas' in the club premises. The entry to the Ice- cream parlour in the Panchsheel Club is restricted only to the members and their registered guests and no non member shall be permitted to have entry to the said ice- cream parlour. Subject to filing of an undertaking to that effect, the sealing which has been done shall be de-sealed. 16. Copies of the report No. 59, 60 and 61 submitted by the Monitoring Committee be supplied to learned Solicitor General, learned counsel for the MCD, DDA, Delhi Government, NDMC and NCRT Board.