M. C. Mehta v. Union of India — 2008 DIGILAW 1695 (SC)

JUDGMENT : ARIJIT PASAYAT, J. Suo Motu Contempt Petition (C) No. 204 of 2008 in I.A. Nos. 2178-2179 in W.P. (C) No. 4677 of 1985 1. Let a copy of the report of the Monitoring Committee (Report No. 65) dated 16-2-2009 be supplied to the learned counsel appearing for Banarasidas Chandiwala Estate. Reply, if any, shall be filed within two weeks and a copy be supplied to the learned amicus curiae, so that the views of the Monitoring Committee, if any, can be ascertained. 2. The learned counsel appearing for Banarasidas Chandiwala Estate states that a fresh affidavit in relation to the suo motu contempt action shall be filed during the course of the day. 3. List the matter tomorrow. I.A. Nos. 2263-2264A 4. The learned counsel for the applicant wants to withdraw these I.A. stating that if the occasion so arises a fresh application shall be filed. I.A. are disposed of accordingly. I.A. Nos. 2313-2314 of 2008 5. The learned counsel for the petitioner prays to withdraw these applications. I.A. are disposed of accordingly. I.A. No. 2350 of 2008 6. The learned counsel for the petitioner wants to obtain further instructions in this I.A.. Call after two weeks. I.A. Nos. 2360-2361 7. None appears to press these I.As. I.A. are dismissed accordingly. I.A. Nos. 2362-2363 of 2008 8. Let a copy of the report, so far as it relates to I.As, of the Monitoring Committee be supplied to the learned counsel appearing for D.D.A. so that the response, if any, be filed within two weeks. Call after two weeks. I.A. Nos. 2364-2365 9. Let a copy of the application be supplied to the Union of India, Ministry of Urban Development. The learned amicus curiae shall file his response. I.A. Nos. 2332-2333 10. Issue notice. 11. The learned amicus curiae shall file his response along with the response of M.C.D. within three weeks. Call thereafter. I.A. Nos. 2301-2302 12. The premises which have been undisputedly sealed be desealed for a period of three weeks so that articles can be removed. 13. I.A. are disposed of. I.A. No. 2366 of 2008 14. Let response be filed by the Monitoring Committee within three weeks. Put up thereafter. I.A. Nos. 2358-2359 of 2008 15. Let an affidavit be filed before the Monitoring Committee that no commercial activity shall be carried out in the premises. 13. I.A. are disposed of. I.A. No. 2366 of 2008 14. Let response be filed by the Monitoring Committee within three weeks. Put up thereafter. I.A. Nos. 2358-2359 of 2008 15. Let an affidavit be filed before the Monitoring Committee that no commercial activity shall be carried out in the premises. The Monitoring Committee shall examine the same and pass necessary orders. 16. I.A. are disposed of. I.A. Nos. 2353-2354 17. Issue notice. 18. Let NDMC file its response to the application within three weeks. Call thereafter. I.A. No. 2352 19. The prayer for bringing on record additional documents is accepted. Let NDMC file response within two weeks. I.A. Nos. 2208-2209 of 2008 20. Call after two weeks. I.A. Nos. 2372-2373 of 2008 21. Let reply be filed by the Monitoring Committee within two weeks. Put up thereafter. I.A. Nos. 2344-2347 of 2008 22. None appears to press these applications. I.A. are dismissed for non-prosecution. Reports Nos. 63 and 66 23. Copies of Report No. 66 so far as the progress of sealing is concerned be handed over to the learned counsel appearing for MCD. Reply to Reports Nos. 63 and 66 be filed within two weeks. 24. A copy of the report so far as it relates to encroachment of land at Minto Road and Mata Sundri Road is concerned, be supplied to the learned counsel appearing for MCD, Delhi Government and the Union of India, N.D.M.C. and D.D.A. so that immediate action can be taken for removing unauthorised occupants so that the parties to whom the land was allotted can be effectively carried out. 25. Call after four weeks. Item 2 I.A. Nos. 1531, 1791, 1846, 1828-30, 1834, 1868-69, 1861-63, 1183, 1216, 1833, 1842, Contempt Petition No. 134 of 2003 in W.P. (C) No. 4677 of 1985, I.A. No. 1905, Contempt Petition No. 82 of 2008, I.A. Nos. 1909, 1910 and Contempt Petition No. 64 of 2007 26. The response of the Delhi Government to the report of EPCA dated 19-4-2008 be filed within one week. Further affidavit by other parties, if any, in relation to the affidavit be filed within a week thereafter. 27. Call after two weeks.