M.C. MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) The applicant is concerned with plot bearing No.106 and the building thereon situated in New Rajinder Nagar Market (LSC), New Delhi, admeasuring approximately 89 sq. yards. The petitioner by this I.A. prays for de-sealing the 'commercial premises' at plot No.106 relying on the common order dtd. 18/12/2023 passed by a Judicial Committee appointed by this Court in W.P.(C) No.4677 of 1985. The very same order has been challenged by the Municipal Corporation of Delhi (MCD) in I.A. No.32418 of 2024. We are in the present I.A. concerned only with the claim filed by the individual for de-sealing of his premises.

(2.) Before we go into the nitty gritty of the claim raised in the I.A., we have to briefly notice the history of the litigation. As has been submitted by the MCD, over a period of time number of markets/neighbourhood shopping areas were developed by the Land and Development Office (L&DO), the Delhi Development Authority (DDA) & the MCD with participation of private developers. Based on the Master Plan for Delhi, 1962 (MPD'1962), the shopping facilities and the shop-cum-residences were shown in the zonal development plans wherein layout plans were approved for different residential colonies by the MCD. Based on the Building ByeLaws, 1959 as amended in 1964, the occupiers of the shopcum-residences put the residential area also to commercial use upon which show cause notices were issued against the unauthorised conversions. W.P.(C) No.4677 of 1985, a Public Interest Litigation (PIL) was filed before this Court complaining of the stifling environment within Delhi, seeking multiple prayers to better effectuate the decongestion, like shifting of heavy and noxious industries, stopping mining activities in Aravali Hills in and around Delhi, demolition of colonies built on forest land as also misuse of premises and unauthorized constructions.

(3.) In the said Writ Petition, this Court on 7/5/2004, appointed a Monitoring Committee comprising of Chief Secretary of Delhi, the Commissioner of Police, Delhi, Commissioner of MCD and Vice-Chairman, DDA for stoppage of illegal industrial activities. Later by order dtd. 24/3/2006, a three Member Monitoring Committee comprising of the Former Advisor to the Election Commission, Chairman of EPCA and a Major General (Retd.) was appointed to oversee the implementation of law; especially to proceed against offensive premises, built or converted unauthorisedly. The Monitoring Committee appointed in 2006 was divested of its powers in 2012 and later it was restored in 2017. In the meanwhile, at one point in 2012, the matters were also transferred to the High Court which order was also recalled in the year 2017, for the slow progress made in the High Court, on which date the Monitoring Committee's powers were also restored. The Monitoring Committee proceeded under the authority granted by this Court and sealed residential premises on leased/free hold land when the same was challenged before this Court.