M.C. MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE writ petitions were filed before this Court, inter alia, challenging various provisions of the Delhi Laws (Special provisions) Act, 2006. Being temporary Act of Parliament, the provisions were continued from year to year by virtue of the National Capital Territory of Delhi Laws ((Special Provisions) Ordinance, 2007, National Capital Territory of Delhi Laws (Special Provisions) Second Ordinance, 2007, National Capital Territory of Delhi Laws (Special Provisions) Act, 2007, National Capital Territory of Delhi Laws (Special Provisions) Act, 2009, National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2009, National Capital Territory of Delhi Laws (Special Provisions) Act, 2011 and National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011 valid upto 31.12.2014. Some of the writ petitions also challenged the provisions of the Master Plan for Delhi 2021 as notified on the 7th February, 2007. Some of the Writ Petitions challenged notifications issued by the Delhi Development Authority (hereinafter referred to as 'DDA') notifying certain streets for mixed use and/or commercial use, which were issued in the year 2006. In the matter initiated by M.C. Mehta, various facets of mining in the Aravallis, shifting of industrial units both hazardous and noxious from Delhi, closure of industrial establishments working in non -conforming areas, setting up of sewage treatment plants and common effluent treatment plants, change of land users viz., non -conforming users of residential areas, were taken up for consideration by this Court and various orders were passed thereon. This Court had passed the following order on 30.9.2002:

(2.) THE judgment in regard to the misuse/non -conforming use of residential premises, and power to seal premises, arising in IA No. 22, as also, several appeals filed by the Municipal Corporation of Delhi (hereinafter referred to as 'MCD') which arose out of a Full Bench of the Delhi High Court were decided by a judgment dated 16.2.2006 and is reported as, M.C. Mehta v. Union of India, : (2006) 3 SCC 399. It was, inter alia, held that the MCD had power to seal the premises for non -conforming user in terms of Section 345A of the MCD Act, and various directions were issued.

(3.) (i) In this Court's order dated 29.9.2006, while hearing the writ petitions which had been filed for challenging the notifications issued after this Court's judgment dated 16.2.2006, it was observed as under: