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2012 Supreme(SC) 2668
SUPREME COURT OF INDIA
G.S. Singhvi, Swatanter Kumar, JJ.
M.C. Mehta - Petitioner
Versus
Union of India - Respondent
I.A. No.22 in W.P.(C) No.4677/1985,I.A. Nos.2531/2011 IN I.A. Nos.2505-2506 in I.A. No.22 in W.P.(C) No.4677/1985, I.A. NO.2536 IN I.A. NO.2531 IN I.A. No.22 in W.P.(C) No.4677/1985, I.A. No.2532 in I.A. 2510-11/2011 IN I.A. No.22 in W.P.(C) No.4677/1985, I.A. No.2533-34/2011 in I.A. No.22 in W.P.(C) No.4677/1985,I.A. NOS.2518-2519 IN I.A. No.22 in W.P.(C) No.4677/1985,I.A. NOS.2520-2521 IN I.A. No.22 in W.P.(C) No.4677/1985,I.A. NOS.2522-2523 IN I.A. No.22 in W.P.(C) No.4677/1985 I.A. NOS.2535 & 2539 IN I.A. NOS.2507-2508 IN I.A. No.22 in W.P.(C) No.4677/1985, I.A. Nos.2537-2538 & 2540 in I.A. No.22 in W.P.(C) No.4677/1985,I.A. NO.2501-2502 & 2503 in W.P.(C) No.4677/1985,I.A. NOS.2541-2543 IN IA NO.22 in W.P.(C) No.4677/1985 I.A. Nos.2546-2547 in IA No.22 in WP(C) No.4677/1985,I.A. No.2548 in W.P.(C) No.4677/1985,I.A. NOS.2544-2545 IN W.P.(C) NO.4677/1985,I.A. NO.2464 OF 2010 IN IA Nos.2364-2365 in I.A. 22 in WP(c) No.4677/1985.
Decided On : 3-1-2012
Subject
Court Order - Interim Order
Headnote
Constitution of India - made for adjournment - made for adjournment - considering the submissions made by other learned counsel, we deem it proper to hear the main matter involving challenge to the validity of the law enacted by Parliament and the notifications issued by the Central Government - It is expected that on that day no request will be made for adjournment - Till the matter is heard by the Court, the Monitoring Committee shall not order further sealing of the premises which are under its scrutiny - Court also direct that no construction, temporary or permanent, shall be made on the premises which have been subject matter of scrutiny of the Monitoring Committee and no order shall be passed by the Government or any authority regularising such construction or sanction the change of user - Delhi Development Authority, New Delhi Municipal Corporation and Municipal Corporation of Delhi are directed to ensure that no encroachment is made on any public land, whether belonging to the Government or any public authority. They shall also ensure that no illegal construction is made on any of the properties which has been subject matter of scrutiny by the Monitoring Committee – Held, Any person desirous of getting a copy of any report of the Monitoring Committee may make an application to the Monitoring committee and the required report be furnished to the applicant within a period of ten days on payment of usual charges - It is also made clear that any party shall be free to file an appropriate application before the Monitoring Committee for its consideration and appropriate order - Learned senior counsel appearing for the applicants state that in view of the developments which have taken place after the last order of the Court, the applications have become infructuous and the same may be disposed of as such - IA are disposed of as infructuous - Court hope and trust that the order passed by the Monitoring Committee will be implemented at the earliest – Appeal is Disposed of
For the Applicant IA 2531/2011 & 2536/2011 :- Mr. Mukul Rohatgi, Sr. Advocate, Aman Ahluwalia, Ruby Singh Ahuja, Abeer Kumar, Raunak Dhillon, Advocate.
For the Respondent:- Mr. Vivek Tankha, ASG, Sanjiv Senior Advocate, Ujjal Banerjee, Amit Singh, P. Parmeswaran, Advocates.
ORDER :
G.S. Singhvi, J. - After hearing Shri Ranjit Kumar, learned amicus on Report No.85 and related issues and considering the submissions made by other learned counsel, we deem it proper to hear the main matter involving challenge to the validity of the law enacted by Parliament and the notifications issued by the Central Government.
2. List the case on 13.3.2012. It is expected that on that day no request will be made for adjournment.
3. Till the matter is heard by the Court, the Monitoring Committee shall not order further sealing of the premises which are under its scrutiny.
4. We also direct that no construction, temporary or permanent, shall be made on the premises which have been subject matter of scrutiny of the Monitoring Committee and no order shall be passed by the Government or any authority regularising such construction or sanction the change of user.
5. The Delhi Development Authority, New Delhi Municipal Corporation and Municipal Corporation of Delhi are directed to ensure that no encroachment is made on any public land, whether belonging to the Government or any public authority. They shall also ensure that no illegal construction is made on any of the properties which has been subject matter of scrutiny by the Monitoring Committee.
6. The Monitoring Committee shall be entitled to inspect the premises in which any illegal construction may have been made after this order or any encroachment on public land or regularisation and if necessary submit report to this Court.
7. Any person desirous of getting a copy of any report of the Monitoring Committee may make an application to the Monitoring committee and the required report be furnished to the applicant within a period of ten days on payment of usual charges.
8. It is also made clear that any party shall be free to file an appropriate application before the Monitoring Committee for its consideration and appropriate order.
IA Nos.2518-2521
9. Shri M.N. Krishnamani, learned senior counsel appearing for the applicants state that in view of the developments which have taken place after the last order of the Court, the applications have become infructuous and the same may be disposed of as such.
10. In view of the statement of learned senior counsel, IA Nos.2518-2521 are disposed of as infructuous. We hope and trust that the order passed by the Monitoring Committee will be implemented at the earliest.
