ORDER

IA No. 2155

1. It is stated by the learned amicus curiae that the plan submitted by the a 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.

IA No. 2199

2. Dr. Rajeev Dhavan, learned Senior Counsel appearing for the applicant b 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 C 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. The Monitoring Committee shall fix up a date and intimate the date of hearing to the parties so that the matter can be re-examined early.

IAs Nos. 2208-09

4. 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.

IA No. 2200

5. In E-15, Kailash Colony, presently one shop is operating pursuant to the order of this Court. The broader issue to be examined is whether one small or big shop can be operated from one premises. Presently, since only one shop is operating, let that be not sealed.

6. If other applicants come seeking claim on the basis that they are similarly situated, that aspect shall be considered if the occasion so arises. f This order is only in respect of Shop No.5 in E-15, Kailash Colony.

IA No. 2194

7. The response by the Monitoring Committee to the objections filed by Vidhata Estates (P) Ltd. be filed within three weeks.

IA No. 2203 g

8. The IA filed by the Small Shops Traders' Association cannot be considered. If the individual shop owners have any grievance, they may move this Court. The IA is accordingly disposed of.

IAs Nos. 2211 in 2109,2110 and 2177

9. Subject to the filing of an affidavit, as indicated in the report of the h Monitoring Committee, there shall be temporary de sealing for removal of goods and with the stipulation that the premises shall not be misused in future, the Monitoring Committee shall permit permanent desealing only after the undertaking by way of an affidavit is filed and the records are removed. The IA is accordingly disposed of.

IAs Nos. 2195-96

10. Subject to the payment of the conversion charges, as penalty for the years 2006-2007 and 2007-2008 at the rate indicated by the Monitoring Committee in its report, the applicant shall be permitted to use the premises till the end of June 2008. The IA is disposed of accordingly.

IAs Nos. 2153-54 and IADs Nos. 39014, 39018, 39801, 39804, 39809, 38956 & 38936012007 & IA No. 2153-54

11. None appears for the applicants. Adjourned. IAs Nos. 2082, 2092-93 and 2094-95

12. Adjourned till the end of January 2008.

IA No. 2161

13. The Archaeological Survey of India's response be filed within four weeks.

14. IAs Nos. 2189-90 shall also be listed along with this IA.

IA No. 2083

15. List this IA along with the main matter. Additional documents, if any, be filed within four weeks.

IAs Nos. 2140-41

16. If the applicant approaches the officer concerned of DDA for the format required for the purpose of shifting the premises, the same shall be given to him tomorrow i.e. 12-12-2007 in case the approach is made tomorrow. Thereafter, if the applicant approaches, it will be supplied on the day he approaches for giving the format. The authority concerned, according to the learned counsel for DDA is the Commissioner (Lands).

IA No. 2115

17. A copy of the reply given by DDA has been supplied to the learned amicus curiae. Adjourned by four weeks.

IA No. 2218

18. Time is extended up to 31-3-2008