Research › Browse › Judgment

Supreme Court of India · body

2008 DIGILAW 1696 (SC)

M. C. Mehta v. Union of India

2008-10-10

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

body2008
JUDGMENT : I.A. No. 22 in Writ Petition (C) No.4677 of 1985 and the connected Writ Petition (C) Nos. 263, 264, 563, 569, 610, 464, 266, 450 and 470 of 2006 and 212 & 229 of 2008 shall be listed on 3rd and 4th December, 2008 before the Bench to be nominated by the Hon’ble Chief Justice of India to hear these matters. 2. 1.A. No.2331 shall also be taken up on that date along with the aforesaid cases. 3. By the earlier Order dated 25th August, 2008 it was directed that those who want to take the benefit of the amendments to the Master Plan 2021 shall give undertaking that no equity shall be claimed if ultimately the amendments are found to be not legal. It was also indicated that any person who makes any construction, alteration or purported misuse shall do so at his own risk. It is clarified that only on such undertakings by way of affidavits being filed before the M.C.D. the Monitoring Committee can be moved for the purpose of desealing. I.A. No.2331 4. This I.A. shall also betaken up on that date along with the aforesaid cases. 5. It is brought to our notice by the learned Amicus Curiae that "provisional regularisation certificates" of unauthorised colonies shall be issued. Needless to say that if it is ultimately found that the stipulations in the order of this Court dated 14th February, 2006 in Writ Petition (C) No.725 of 1994 have not been fulfilled then the inevitable conclusion would be that the provisional regularisation certificates issued shall be of no consequence. This shall be clearly indicated to the persons to whom provisional regularisation certificates have been or are being issued. 6. I.A. No.2331 shall also be taken upon that date along with the aforesaid cases. I.A.D.No. 65563 7. An un-numbered l.A. i.e. I.A.D. No. 65563 has been filed. On a bare perusal of the l.A. it appears that serious attacks have been made on the competency of the members of the Monitoring Committee and the Learned A.C. This directly is an affront to the authority of the Supreme Court which has appointed the Monitoring Committee and on whose request the learned Amicus Curiae is assisting the Court. 8. On a bare perusal of the l.A. it appears that serious attacks have been made on the competency of the members of the Monitoring Committee and the Learned A.C. This directly is an affront to the authority of the Supreme Court which has appointed the Monitoring Committee and on whose request the learned Amicus Curiae is assisting the Court. 8. Issue notice to the deponent of the petition Shri Bhuwan Mohan who is stated to be working as Secretary of the Society to show as to why action of contempt shall not be initiated against him and as to why exemplar)' cost of Rs.25,00,000/- (Rupees Twenty Five Lacs) shall not be imposed on him. The reply, if any, shall be filed within two weeks. The matter shall be listed thereafter. The deponent. Shri Bhuwan Mohan shall appear in person on the next date i.e. on 3rd December, 2008. 9. Let the Monitoring Committee indicate its views so far as the reply to the Report No.62 to the Monitoring Committee concerned. I.A. No.2263-2264A 10. Learned Amicus Curiae prays for two weeks time to put his response. 11. List on 3rd December, 2008. LA.No. 2313-2314 of 2008. 12. Mentioned by Mr. U.U. Lalit, learned Senior Counsel. 13. List on 3rd December, 2008. Learned Amicus Curiae shall also file his response in these matters also. I.A.Nos. 2350-2351 14. Reply to the LAs. shall be filed within three weeks. 15. List on 3rd December, 2008. I.A. No.2315 of 2008 16. Taken on board. 17. In our Order dated 14th March, 2008, in para (1) the word "not" shall be added after the expression "it shall be" and before "more than 10". 18. I.A. is disposed of. W.P. No. 70 of 2008 19. This writ petition be treated as LA. Copy be supplied to learned Amicus Curiae to file his response. The Monitoring Committee shall also file its response. 20. Call after six weeks. W.P. No.258 of 2008 21. This writ petition be treated as LA. The copy be supplied to learned Amicus Curiae to file his response. The Monitoring Committee shall also file its response. 22. Call after six weeks.