M. C. MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) IT is stated by the learned amicus curiae that the plan submitted by the applicant related to construction of the second floor, which is accepted to be permissible. The building plan submitted for the second floor can be disposed of by NDMC and may be allowed, as stated by the learned amicus curiae.

(2.) DR . Rajeev Dhavan, learned Senior Counsel appearing for the applicant stated with reference to a map that the exempted area covered A - 4 up to 84 in the map. It is submitted that same is a notified area. It is stated that NCERT / 84 / Sarvodaya Enclave, Adchini is a notified area. It is stated that between the sealed premises and A - 4, Sarvodaya Enclave, there is only a common passage abutting Aurobindo Marg. It is behind Khasra No. 251/200. Let the Monitoring Committee examine this aspect with reference to the map, copy of which will be supplied to the Monitoring Committee when the matter is taken up afresh. A copy of the map has been handed over to learned counsel for MCD.

(3.) IAS Nos. 2208-09 Let the Monitoring Committee's report as well as the response of ASI be filed within two weeks. DDA shall also file its report within the said period.