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Supreme Court of India · body

2009 DIGILAW 2047 (SC)

M. C. MEHTA v. UNION OF INDIA

2009-12-08

G.S.SINGHVI, P.SATHASIVAM, V.S.SIRPURKAR

body2009
ORDER Report No. 74 1. Taken on record. IA No. 2391 2. List this IA after the disposal of the main matter which is listed in February 2010. IA No. 2409 in IAs Nos. 2001-2001A 3. This is an application for de sealing of the property. We have perused the Monitoring Committee's Reports Nos. 71 and 74. After perusing both the reports we are satisfied that the premises of the petitioner can be desealed only after compliance with the report of the Monitoring Committee. 4. The petitioner has filed an affidavit wherein he has accepted the conditions of the Monitoring Committee as set out in the report dated 24-7-2009 and withdraws the contentions raised in the affidavit dated 30-9- 2009. In that view, the petitioner shall file an undertaking by tomorrow (i.e. 9-12-2009). After filing of the usual undertaking, the Monitoring Committee shall permit the desealing of the property and restore the civil amenities. 5. IA is disposed of accordingly. 6. Let a copy of Report No. 74 dated 8-12-2009 of the Monitoring Committee (so IAr as relevant extract is concerned) be given to Mr V.A. Bobde, learned Senior Counsel for the applicant. IAs Nos. 2437 and 2438 7. List these IAs after the disposal of the main matter which is listed in February 2010. IAs Nos. 2402-03 8. Learned counsel for the petitioners seeks permission to withdraw these IAs. These IAs are dismissed as withdrawn with liberty to the applicant to approach MCD for regularisation. All the contentions including the plea of the applicant that there is no need for regularisation shall remain open. 9. Let a copy of Report No. 74 dated 8-12-2009 of the Monitoring Committee (so IAr as relevant extract is concerned) be given to Mr M.N. Krishnamani, learned Senior Counsel for the applicant. 10. In our earlier order dated 5-10-2009, the hearing of the main matter is fixed for 9-2-2010. At the request of Mr Ranjit Kumar, learned Senior Counsel (AC), the main matter is adjourned for 23-2-2010.. Court Masters•