The court established that a Monitoring Committee is necessary to eliminate arbitrary administrative discretion during sealing operations and tied statutory exemptions and extensions to sworn affidavits to ensure compliance and accountability.

ORDER

1. In terms of the decision of this Court dated 16 - 2 - 2006, public notices dated 26 - 2 - 2006 and 2 - 3 - 2006 were issued by the Municipal Corporation of a Delhi (MCD) setting out the names of the roads where the sealing process of premises misused would commence in the first phase.

2. After a brief hearing on 20 - 3 - 2006 and as a result of the discussion in the said hearing, MCD has issued a further public notice on 22 - 3 - 2006 in continuation of the earlier public notices. The public notice issued on

22 - 3 - 2006 reads as under:

"PUBLIC NOTICE

In compliance with the judgment dated 16 - 2 - 2006 passed by the Honble Supreme Court of India in IA No. 22 in WP (C) No. 4677 of 1985, etc. In the matter of M.C. Mehta v. Union of India and in continuation of the public notices dated 26 - 2 - 2006 and 2 - 3 - 2006, the following clarification is being issued for information of the general public:

(1) In the first phase of sealing, action shall be taken in respect of all those buildings, which are on roads where the extent of misuse (measured by the number of such misusing buildings on that road) exceeds fifty per cent of the number of buildings on that road.

(2) It is further clarified that sealing action would be taken irrespective of the degree and extent of misuse in respect of a d building situated on a road having width of 80 ft and above, mentioned in the earlier public notices. Clarification in relation to mixed land use would be issued after the next date of hearing, which is fixed for 24 - 3 - 2006.

(3) At this stage, small shops opened in residential houses for catering to day - to - day basic needs, would not be sealed.

sd/Commissioner"

3. In respect of the afore noted first category, it is stated by Mr. Harish Salve, learned counsel appearing for MCD that it would be applicable to all roads already notified on 26 - 2 - 2006 and 2 - 3 - 2006. It is submitted that the roads were again not named because the same had already been mentioned in the earlier public notices.

4. In order to oversee the implementation of the law, namely, sealing of offending premises in terms of the letter and spirit of this Courts directions, it is necessary to appoint a Monitoring Committee instead of leaving any discretion with the officers of MCD. Accordingly, we appoint a Monitoring Committee comprising of Mr. K.J. Rao, Former Advisor to the Election 9 Commissioner, Mr. Bhure Lal, Chairman, EPCA and Major General (Retd.) Som Jhingan. We direct that all necessary facilities shall be supplied by MCD to the members of the Monitoring Committee, including the facility of transport, secretarial services, honorarium, etc.

5. In terms of our directions dated 16 - 2 - 2006, the process of sealing is required to commence w.e.f. 29 - 3 - 2006. Learned counsel for MCD, however, points out that on some roads in some areas, partial commercial user has been allowed. It is stated that in respect of some roads on notified stretches, a mixed land use to the extent of 25% of the permissible ground floor or 50 sq m whichever is less has been allowed as per the regulations; in respect of some other roads, commercial user of ground floor with upper floor residential user has been allowed. However, the note handed over to us in the Court on behalf of MCD does not specify the roads and the areas. Be that as it may, for the present, we direct that MCD should point out and file details of such roads before the Monitoring Committee which may permit MCD not to seal the premises in such areas, for the present, subject to further orders that may be passed by the Court.

6. Our attention has also been drawn to the proviso to Section 14 of the Delhi Development Act, 1957. Section 14 reads as under:

"14. After the coming into operation of any of the plans in a zone no person shall use or permit to be used any land or building in that zone otherwise than in conformity with such plan:

Provided that it shall be lawful to continue to use upon such terms and conditio