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2007 Supreme(SC) 1112
(2010) 14 SCC 629
ARIJIT PASAYAT, C.K. THAKKER AND L.S. PANTA, JJ.
M.C. MEHTA - Petitioner
Versus
UNION OF INDIA AND OTHERS - Respondents.
IA No. 22 in WP (C) No. 4677 of 1985 with IA No. 1958 in IA No. 22 in WP (C) No. 4677 of 1985, etc.,
Decided On : August 27,2007
Headnote:(a) IA No. 2127
Town Planning and Civic amenities – Issue relating to one shop of the maximum area of 20 sq m as also whether professionals will be required to pay convergent charges, car space charges shall be examined in detail – Case of road shall be re-verified by MCD. (Para 1, 2)
(b) IA No. 2158 of 2007
Town Planning and Civic amenities – Commercial premises in unauthorised colonies – Sealing of – Directed to stop functioning of commercial activities within three weeks. (Para 3, 4)
(c) IA No. 1958
Town Planning and Civic amenities – Reply filed by DDA – Adjourned by six weeks. (Para 5)
(d) IAs Nos. 2001 and 2043
Town Planning and Civic amenities – Applicant undertaking to make necessary alteration – Directed to file necessary application before MCD which shall be duly considered. (Para 6)
(e) IAs Nos. 2031, 2032, 2051 and 2052
Practice and procedure – Adjourned by eight weeks. (Para 7)
(f) IA No. 2046
Practice and procedure – IA disposed of in terms of status report. (Para 8)
(g) IAs Nos. 2057-58 and 2061 -62
Town Planning and Civic amenities – MCD to file response within four weeks. (Para 9)
(h) IAs Nos. 2066 and 2087
Town Planning and Civic amenities – DDA to file reply within four weeks. (Para 10)
(i) IAs Nos. 2057-58 and 2061 -62
Town Planning and Civic amenities – MCD to file its response within four weeks. (Para 11)
(j) IAs Nos. 2049-50
Town Planning and Civic amenities – Affidavit of MCD – No activity in the premises – DDA to file response within four weeks. (Para 12, 13)
(k) IAs Nos. 2085-86 and 2088-89
Town Planning and Civic amenities – Response of MCD – In absence of proper notification of area not possible to ascertain whether the premises were used for commercial purpose prior to 1966 – DDA to examine and give response within four weeks. (Para 14)
(l) IAs Nos. 2082 and 2092-95
Town Planning and Civic amenities – DDA to file response within four weeks. (Para 15)
(m) IA No. 2091
Town Planning and Civic amenities – High Court of Delhi requested to explore possibility of early disposal of WP (C) No. 1 1759 of 2006, preferably within three months. The prayer for de sealing is rejected. (Para 16)
(n) IA No. 2084
Practice and procedure – To be heard with the main matter. (Para 17)
(o) IA No. 2107
Practice and procedure – IA dismissed as withdrawn. (Para 18)
(p) IAs Nos. 2080-81
Town Planning and Civic amenities – Applicant to file response to affidavit filed by DDA within four weeks. (Para 19)
(q) IA No. 2098-100
Town Planning and Civic amenities – Applicant to file response to Monitoring Committee’s report, if any, within three weeks. (Para 20, 21, 22, 23)
(r) IAs Nos. 2096-97
Town Planning and Civic amenities – Monitoring Committee to file response. (Para 24)
(s) IA No. 2115
Town Planning and Civic amenities – DDA to file its response within four weeks. (Para 25)
(t) IAs Nos. 2112-14
Practice and procedure – To be taken up with the main case while dealing with the case of professionals. (Para 26)
(u) IA No. 2126
Town Planning and Civic amenities – MCD to file comprehensive response within four weeks. (Para 27)
(v) IA No. 2125
Town Planning and Civic amenities – Monitoring Committee to file response within three weeks. (Para 28)
(w) IA No.2138; IAs Nos. 2069-2069-A
Practice and procedure – To be taken up along with the main matter. (Para 29, 30)
(x) IAs Nos. 2140-41
Town Planning and Civic amenities – Shifting of school premises from Mayur Vihar – DDA to file reply within four weeks. (Para 31)
(y) IA No. 2142
Town Planning and Civic amenities – Monitoring committee permitting only architectural activities and not any other activity as a builder – Applicant given a week time to file affidavit. (Para 32)
(z) IA No. 2146
Practice and procedure – List on 31-8-2007. (Para 33)
(aa) IA No. 2155
Town Planning and Civic amenities – NMDC to file response within three weeks. (Para 34)
(ab) IAs Nos. 2153-54
Town Planning and Civic amenities – Encroachment – Dispute regarding ownership of DDA – Applicant to appear before the authority concerned of DDA within a period of one week with documents. (Para 35)
(ac) IAs Nos. 2149-51
Practice and procedure – IAs dismissed as withdrawn. (Para 36)
(ad) IAs Nos. 2144-45
Practice and procedure – IAs dismissed as infructuous. (Para 37)
(ae) IA No. 2161
Town Planning and Civic amenities – Issue notice – Monitoring Committee, ASI and DDA to file response within three weeks. (Para 40)
(af) IAs Nos. 2159-60
Town Planning and Civic amenities – Issue notice – MCD to file response within four weeks – Rest IAs in which the notices have been issued or replies are filed, be listed on 9-10-2007. (Para 41)
(ag) IAs Nos. 2156-57
Town Planning and Civic amenities – Monitoring Committee to pass necessary orders immediately on application being made to it to restrict the area of operation to 20 sq m to a trade of permissible nature. (Para 42)
ORDER
1. The issue relating to one shop of the maximum area of 20 sq m shall be examined in detail. Similarly the question whether the professionals will be required to pay convergent charges, car space charges shall be examined in detail when the cases relating to relief of the validity of the Master Plan are examined.
2. So far as the issue in respect of roads is concerned it is stated by the learned counsel for MCD that a fresh survey shall be done and necessary corrections if warranted shall be done as expeditiously as possible. The reverification shall be done by MCD in consultation with the Monitoring Committee. The earlier order relating to the professionals shall cover all the processions (sic professionals) who are applicants in IA No. 2127.
IA No. 2158 of 2007
3. Heard. From the report of the Monitoring Committee it appears that there is divergence of view between the Monitoring Committee and various authorities as to the sealing of commercial premises in the colonies which are yet to be regularised. It has been the stand of the Central Government, DDA and MCD that since the colonies themselves are not regularised, there is no question of any area being residential area or commercial area. This aspect need not detain us for the present. What is the permissible area in regularised/regular areas cannot stand at a lower pedestal than that in the non-regularised colonies.
4. Within a period of three weeks from today the commercial use in the unauthorised colonies shall stop functioning from the premises except to the extent that the 24 categories which are permitted in the regular areas shall not affect those commercial premises if they are up to 20 sq m. Further hearing on this issue will be made when the main petition is considered.
IA No. 1958
5. Considering the reply of DDA, adjourned by six weeks.
IAs Nos. 2001 and 2043
6. The applicant says that he is willing to make necessary alteration to bring the constructions within the requisite norms. Let necessary application be filed before MCD which shall be duly considered.
IAs Nos. 2031, 2032, 2051 and 2052
7. Adjourned by eight weeks.
IA No. 2046
8. In terms of the status report this IA is disposed of.
I/As Nos. 2057-58 and 2061 -62
9. MCD shall file its response within four weeks.
IAs Nos. 2066 and 2087
10. DDA to file its reply within four weeks.
IAs Nos. 2057-58 and 2061 -62
11. MCD shall file its response within four weeks.
IAs Nos. 2049-50
12. Affidavit of MCD shows that there is no activity carried out in the premises presently.
13. Let response of DDA be filed within four weeks.
IAs Nos. 2085-86 and 2088-89
14. It appears from the response of MCD that the area has not been notified as mixed land use roads in the nine zones to show whether the premises were used for commercial purpose prior to 1966. Let DDA examine this aspect and give its response within four weeks.
IAs Nos. 2082 and 2092-95
15. Reply by DDA shall be filed within four weeks.
IA No. 2091
16. We request the Delhi High Court to explore the possibility of early disposal of WP (C) No. 1 1759 of 2006 as early as applicable preferably within a period of three months from the date of the receipt of this order. The prayer for de sealing is rejected. However, this rejection shall not be in any way a ground for denying relief to the applicant by the High Court if he is entitled to under any law.
IA No. 2084 17.
To be heard with the main matter.
IA No. 2107
18. The learned counsel for the applicant wants to withdraw this IA. The IA is dismissed as withdrawn.
IAs Nos. 2080-81
19. Response to the affidavit filed by DDA shall be filed by the applicant within four weeks.
IA No. 2098
20. A copy of the extract of the Monitoring Committee's report so far as it relates to the applicant shall be supplied within one week. Response, if any, be filed within three weeks.
21. Call after four weeks.
IAs Nos. 2098-100
22. A copy of the extract of the Monitoring Committee's report so far as it relates to the applicant shall be supplied within
