M C MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) Learned Counsel for the applicant states that such members of the applicant Vikas Marg Vyapar Mandal (Regd.) who, on their own, have already stopped the misuser or those who as of now are ready and willing to stop the user in terms of the undertakings already filed, may be permitted to approach the Monitoring Committee and place these facts before the Monitoring Committee. Counsel further states that till the matters are decided and undertakings are discharged, they will not use the premises contrary to the undertakings. It is also submitted that they may, however, be given the benefit of law, if amended or enacted later and it allows the commercial user. No exception can be taken to the submissions made. The members of the Mandal may bring these facts to the notice of the Monitoring Committee which will take into account the factual position. The submission that members of the Mandal be given the relief, if law is amended/enacted ultimately in their favour, would, of course, be considered by this Court at the appropriate stage. I.As. are disposed of in these terms. IA Nos. 1984, 1985, 1988, 1993 and LA. No........(Filed on behalf of NCT, Delhi) in W.P. (C) No. 4677/1985:

(2.) This Court on 29th September, 2006 while granting some relief to large number of traders which we understand were in lakhs and were misusing residential premises for commercial purposes, noted that in fact those who gave undertakings are already in breach of the undertakings by not stopping the misuser by 30th June, 2006. It was further observed that the dignity and authority of the Court has to be protected not for any individual but for the maintenance of the rule of law. The Court also said that the fact that those who gave undertakings may have been misled in view of the subsequent developments can only be a mitigating factor while considering the action to be taken for breach of the undertakings and that there are no equities in favour of those who gave undertakings to this Court and obtained the benefit of time otherwise their premises would have been sealed on 29th March, 2006 or soon thereafter. Under these circumstances, it was directed that the commercial activities by those who gave undertakings deserve to be stopped forthwith but having regard to the plea then made on behalf of those who gave undertakings that because of forthcoming major festival they may be permitted some further time, this Court directed that the said category shall stop misuser on or before 31st October, 2006. We are informed that in view of further directions dated 18th October, 2006, now about 25,000 traders would fall in this category.

(3.) Regarding the issue of law and order situation, which may be tried to he disturbed by those who are required to comply the undertakings or others purporting to act on their behalf, there cannot be any doubt that it is the duty and obligation of the Governments to ensure that there is no breach of law and order. Every possible measure is required to be taken for maintenance of law and order. A person cannot take the iaw into his own hand, disturb law and order and continue, at the same time violating the orders of this Court. We have no doubt that the Governments are not powerless to control such, state of affairs. None can be permitted to place a dagger on the neck of a person and then seek relief. None can be permitted to hold the city, the citizens and other law abiding persons to ransom and then ask for the relief. There are no equities whatever in favour of those who gave undertakings and are in breach thereof or in favour of the applicants seeking extension of further time in their favour. The Governments and authorities are required to take such measures as may be necessary and provide requisite force to protect life, liberty and property of the citizens. None can be heard to say that Rule of law cannot be maintained because of law and order problem created by some miscreants. Rule of law is the pillar on which Democracy, of which this country is proud, stands. It cannot be permitted to be threatened. Every measure by every one is required to be taken to protect it. The authorities, instead of moving these applications, should have asked the concerned traders to first comply with the directions and then come forth for any assistance from them.