The court's decision emphasized the regulation of commercial activities in unauthorized colonies and the permissibility of commercial use based on specific categories and sizes of premises.

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.

IAs 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. 11759 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 desealing 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 one week. Response, if