Research › Browse › Judgment

Supreme Court of India · body

2008 DIGILAW 488 (SC)

M. C. Mehta v. Union of India

2008-03-10

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

body2008
ORDER : I.A. Nos. 2140-41, 2210 1. It is stated that the DDA shall hear the applicant on 12.03.2008 and take a decision within a period of two weeks. Prayer of the DDA in this regard is accepted. I.A. Nos. 2250-51 2. Copy of Report No. 51 so far as it relates to the applicant S.R. Bansal and Ors. be supplied to learned counsel appearing for the applicant. Response, if any, shall be filed within two weeks. I.A. Nos. 2239-41, 2242-44, 2245-47 3. We are told that there is a dispute about 12 shops being located in Ghaziabad, and LPA No. 699 of 2005 is pending before the High Court of Delhi. We request the High Court of Delhi to dispose of the said LPA by the end of April, 2008. I.A. No. 2226 4. Two weeks' time is granted to the NDMC to respond to the affidavit filed by the applicant. In the meantime, for a period of one week, de-sealing may be done to enable the applicant to remove the articles. I.A. Nos. 2212-13, 2214-15, 2216-17 5. List the I.As. on 14.03.2008. I.A. No. 2185 6. Let the applicant, the State authorities appear before the Monitoring Committee on a date to be fixed by it so that the respective stand of the parties can be examined and further report can be given. Call this matter after four weeks. I.A. Nos. 2161, 2189-90 7. Two weeks' time, as prayed for, is granted to the applicant for submitting reply in terms of the order dated 18.02.2008. I.A. Nos. 2035-37 8. In view of the accepted position that no registration of commercial establishments in special areas is required in view of the MPD provisions, the applications are disposed of. I.A. Nos. 2252, 2254, 2253, 2255 9. In view of the statement made that in each case, the applicant shall file an undertaking to use the property in question only for the conforming purposes in accordance with the Master Plan, de-sealing shall be done subject to verification by the Monitoring Committee of the correctness of the undertakings. The I.As. are, accordingly, disposed of. I.A. Nos. 2257-58 10. A copy of the Report so far as it relates to this applicant be supplied to learned counsel appearing for the MCD, who shall file a response within three weeks. I.A. No. 2259 11. Issue notice. 12. The I.As. are, accordingly, disposed of. I.A. Nos. 2257-58 10. A copy of the Report so far as it relates to this applicant be supplied to learned counsel appearing for the MCD, who shall file a response within three weeks. I.A. No. 2259 11. Issue notice. 12. Let the MCD, DDA and the Monitoring Committee file their response within two weeks. I.A. Nos. 2001 and 2043 13. Copy of Report No. 51 of the Monitoring Committee be supplied to learned counsel for MCD so far as CTC Plaza is concerned. Response shall be filed within two weeks. I.A. Nos. 2031-32, 2051-52 14. Call after two weeks, as prayed for. I.A. Nos. 37-38 in W.P. (C) No. 263/2006 15. Let the DDA and the Monitoring committee file response to I.A. Nos. 37 and 38 with reference to the order passed by the Additional Commissioner (Engineering), as communicated by the Chief Town Planner dated 12.02.2008. I.A. Nos. 2260-61 16. Upon mention, taken on board. 17. List the I.As. on 14.03.2008 before the Special Bench dealing with sealing matters. Report No. 50 18. Perused the Report No. 50 of the Monitoring committee relating to progress of sealing. Let the sealing activities be completed latest by 30th June, 2008. The police authorities shall render necessary assistance to see that our order is implemented fully. The status report about the sealing shall be filed before the next date fixed in July, 2008. 19. Copy of our order be supplied to learned counsel for the MCD, Govt. of NCT of Delhi and also to the Monitoring Committee. Copy of Report No. 50 of the Monitoring Committee relating to de-sealing be supplied to learned counsel for MCD and DDA so that response can be filed within three weeks. 20. It is brought to our notice in the 49th and 50th Reports of the Monitoring Committee that members of the sealing team are being manhandled. It is made clear that police authorities, M.C.D. officials and Monitoring Committee shall indicate the details of the persons who are doing so, so that stringent action for contempt can be taken against the concerned persons in addition to such action as is required to be taken in law. 21. For the present, let no sealing be done in respect of the Guest Houses which are covered by the National Capital Territory of Delhi Laws (Special Provision) 2007 and the Master Plan. 22. 21. For the present, let no sealing be done in respect of the Guest Houses which are covered by the National Capital Territory of Delhi Laws (Special Provision) 2007 and the Master Plan. 22. Rest of the Guest Houses operating without licences shall be sealed immediately. 23. So far as the classification of roads is concerned, further report shall be filed by the MCD within three weeks.