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2008 DIGILAW 259 (SC)

M. C. Mehta v. Union of India

2008-02-13

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

body2008
ORDER : I.A. No.....of 2008: (Delhi Pradesh Citizens Council) 1. Taken on Board. 2. This application has been filed by Delhi Pradesh Citizens Council challenging the legality of the Delhi Laws Special Provisions Act, 2007 which is operative from 15th September, 2007. 3. An application has also been filed for staying the operation of the Notification dated 30th January, 2008 which permits inter-alia de-sealing of the premises which were earlier sealed, pursuant to the orders passed by this Court. It appears from the 49th report of the Monitoring Committee that NCT has started de-sealing the premises in compliance with the Notification, while the DDA and NDMC have not yet de-sealed any premises. It is the stand of the applicant that in similar situations this Court had not permitted de-sealing though further sealing activities were kept in abeyance. 4. Taking into account various factors which have relevance, we permit de-sealing of the premises subject to filing of undertaking by persons whose premises are de-sealed that they shall abide by the final result of the I.A. in which challenge is made to the legality of the Delhi Laws Special Provisions Act, 2007. Such undertakings by way of affidavits shall be filed in cases where premises which have been de-sealed within a period of ten days. Further, if any de-sealing is to be done hereinafter the same can be done only after the undertaking is filed in the lines indicated above. 5. Our order shall be applicable only to the properties which are eligible in terms of the Statutes referred to above and no other property. A fresh Public Notice be issued by the MCD. The format of the undertaking shall be worked out by the concerned authorities in consultation with Learned Amicus Curiae. 6. The response of Union of India, MCD, DDA and NDMC shall be filed by the end of April, 2008. If any further affidavits are to be filed by the applicant in relation to the responses to be filed by the aforesaid authorities and the Union of India, the same shall be done latest by 14th May, 2008. It is stated that though responses have been filed in respect of earlier directions, updating would be necessary because of the changed circumstances. It is permitted to be done and it shall be included in the response to be filed by 30th April, 2008. 7. It is stated that though responses have been filed in respect of earlier directions, updating would be necessary because of the changed circumstances. It is permitted to be done and it shall be included in the response to be filed by 30th April, 2008. 7. The main matters shall be listed for hearing on 07th July, 2008 onwards after the miscellaneous matters are over. 8. The copies of the 48th and 49th report be supplied to learned Solicitor General, learned counsel for the MCD, DDA, NDMC and Government of Delhi. 9. By day after tomorrow i.e. on 15.02.2008, various authorities shall prepare lists which according to them will cover the IAs. to be covered by this order. Learned Amicus Curiae shall examine as to whether the lists are correct. 10. Copies of the lists shall also be supplied to the Registry for facilitating listing of the matters. I.A. Nos. 2233-2234: 11. These applications are by an Advocate who states that the premises which are being used for his official purposes have been sealed. Learned counsel for the MCD states that if an affidavit is filed with the MCD and before this Court stating that the premises are only used for official purposes, then after verification the premises shall be de-sealed if the statement in the affidavit is found to be correct. 12. List rest of the I.As. on Monday i.e. 18.02.2008.