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2008 DIGILAW 301 (SC)

M. C. MEHTA v. UNION OF INDIA

2008-02-18

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

body2008
ORDER 1. With reference to the 49th• Report of the Monitoring Committee, Mr Ranjit Kumar, learned amicus curiae stated that there is a contradiction in the stand taken by MCD. It is pointed out that the then Commissioner by his office order dated 3-2-2004 had indicated the parameters applicable so far as Lal Dora is concerned. He has also referred to the decision of this Court in M.C. Mehta v. Union of India1, more particularly para 64 thereof. It is also pointed out that the Chief Town Planner in his note had indicated on 8-10-2007 that while defining the land used it is clearly stated that "land used in Village Abadi Lal Dora located in any zone is residential". 2. Let an affidavit be filed by MCD indicating its clear stand taking note of what has been stated by the then Commissioner on 3-2-2004 and the view expressed before this Court in the decision referred to above in para 64. The affidavit shall be filed within three weeks. DDA shall also indicate its view in this regard by filing an affidavit. IAs Nos: 2082, 2092-93, 2094-95 3. Call after eight weeks. IAs Nos. 2085-86,2088-89 4. Call after eight weeks. IA No. 209 J 5. In view of earlier order dated 27-8-20072, no further orders are necessary. 6. The IA is disposed of accordingly. IAs Nos. 2096-97 7. Call after eight weeks. IAs Nos. 2098, 2099-100 8. The premises in question shall be desealed only for the purpose of removing the unauthorised construction within a period of six weeks. The applicants are directed to file an affidavit indicating that they have removed the unauthorised construction after the same is done. Put up after eight weeks. 9. After the demolition is done, it is open to the applicant to indicate the factum of removal of unauthorised construction to DDA who shall verify the correctness of the stand and file affidavit before this Court. IA No. 2125 10. Call this IA after the report of MCD and the resurvey report is submitted before this Court. IAs Nos. 2140-41, 2210 11. Mr Mukul Rohatgi, learned Senior Counsel for the applicant states that the permission that is being sought for by the applicant is to operate in the premises allotted to the applicant at Mayur Vihar. IA No. 2125 10. Call this IA after the report of MCD and the resurvey report is submitted before this Court. IAs Nos. 2140-41, 2210 11. Mr Mukul Rohatgi, learned Senior Counsel for the applicant states that the permission that is being sought for by the applicant is to operate in the premises allotted to the applicant at Mayur Vihar. It is stated that presently a school is functioning there, but the teaching activities shall be done in another part of the premises allotted by DDA to the applicant. If a representation is made indicating these particulars, the Commissioner (Land Disposal) shall pass appropriate orders. Since the applicant states that it wants to leave the premises presently occupied by it to shift to its own premises, according to it no further action is necessary in respect of the premises which are being presently occupied by it. This aspect shall be examined by DDA/MCD. Let the Commissioner (Land Disposal) pass an order on the representation to be filed within two weeks of its actual filing. IA No. 21142 12. In view of earlier order, no further orders are necessary. 13. The IA is disposed of accordingly. IAs Nos. 2153-54 14. Put up along with IA No. 2082. IA No. 2155 15. In view of earlier order, the IA is disposed of. IAs Nos. 216, 2189-90 16. A copy of the affidavit filed by ASI be supplied to the learned counsel for the applicant within two weeks. Put up thereafter. IAs Nos. 2162-63, 2206-07 17. Call after four weeks. IAs Nos. 2178-79 18. A copy of the report (Report No. 48) along with relevant annexures of the Monitoring Committee so far as it relates to IAs Nos. 2144-45, 2178-79 be supplied to the applicant. Response if any, be filed within four weeks. Put up thereafter. IA No. 2185 19. Reply of the Government of NCT shall be filed within ten days. Call after three weeks. IAs Nos. 2187, 2204 20. A copy of the 48th report of the Monitoring Committee along with relevant annexures be supplied to the learned counsel for the applicant, so far as it relates to the IAs concerned. 21. If the applicant wants to file any further affidavit, let it be done within four weeks. Call after four weeks. IA No. 2194 22. 2187, 2204 20. A copy of the 48th report of the Monitoring Committee along with relevant annexures be supplied to the learned counsel for the applicant, so far as it relates to the IAs concerned. 21. If the applicant wants to file any further affidavit, let it be done within four weeks. Call after four weeks. IA No. 2194 22. A copy of the 48th Report along with relevant annexures be supplied to the applicant, so far as it relates to IA concerned. Further affidavit, if any, be filed by the applicant within four weeks. Call after four weeks. IA No. 2199 23. Two weeks' time is granted to the Monitoring Committee to file further report. IAs Nos. 2208-09 24. Affidavit of the ASI be taken on record. Call after four weeks. IAs Nos. 2212-13, 2214-15, 2216-17 25. Call after three weeks. There shall be no demolition in the meantime. Reply, if any be filed within three weeks. IAs Nos. 2221-2221-A 26. Issue notice to MCD and DDA. IA No. 2226 27. A copy of Report No. 48 (para 68) along with relevant annexures be supplied to the learned counsel for the applicant. So far as the IA is concerned, further affidavit, if any, be filed within three weeks. Call after three weeks. IAs Nos. 2227-29 28. Call after six weeks. 29. In the meantime, the appellate authority under the Public Premises (Eviction of Unauthorised Occupants) Act shall dispose of the appeals, if pending, within four weeks. 30. A copy of Report No. 47 so far as it relates to the applicant be supplied to the applicant along with relevant annexures. IA No. 2230 31. Issue notice to DDA, MCD and the learned amicus curiae. Response, if any, be filed within four weeks. IAs Nos. 223/-32 32. Issue notice to DDA, MCD. Response, if any, be filed within four weeks. Call after four weeks. IAs Nos. 2235-36 33. Issue notice. IA No. 2237 34. The order passed in IAs Nos. 2233-2234 shall operate so far as Petitioners I and 2 are concerned. 35. The IAs are disposed of accordingly. IAs Nos. D13380, D13382/08 36. If an undertaking by way of affidavit is given that the non-conforming user shall be changed to conforming user, and it is so done MCD on verification of the correctness of the stand shall de seal the premises. 37. 35. The IAs are disposed of accordingly. IAs Nos. D13380, D13382/08 36. If an undertaking by way of affidavit is given that the non-conforming user shall be changed to conforming user, and it is so done MCD on verification of the correctness of the stand shall de seal the premises. 37. Rest of the IAs shall be listed on 10-3-2008.