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2007 Supreme(Del) 524

S.MURALIDHAR
CARMA ARTS & CRAFTS P. LTD. – Appellant
Versus
MCD – Respondent


Advocates appeared:
For the Petitioner:Mr. A.T.M. Rangaramamijam, Senior Advocate with Mr. N.S. Vashisht, Advocate.
For the MCD : Mr. Sanjeev Sabharwal, Standing Counsel.

JUDGMENT

CM No. 2833/2007 (Exemption)

Exemption allowed subject to all just exceptions.

Dr. S. Muralidhar, J. (Open Court)-Application disposed of.

WP. (C) 1538/2007 & CM 2832/2007 (stay)

The petitioner claims to be a lessee in a premises bearing municipal No. H-5/11 Ward No.1 Mehrauli, New Delhi-110030 forming part of Khasra No. 1493 admeasuring 10 bighas and 11 biswas in the revenue estate of Village Mehrauli. The petitioner states that he is running a shop/boutique under the name and style of Carma and deals with high end products including clothes, handicrafts, etc.

2. The Honble Supreme Court in M.C.Mehta v. Union of India, 127 (2006) DLT 226 (SC)=II (2006) SLT 103=(2006) 3 SCC 399, gave a series of directions on 16.2.2006 with regard to the misuse of residential premises and dealt with the power of the MCD to seal premises on account of such misuser. The Honble Supreme Court constituted a Monitoring Committee to examine the various aspects to facilitate the implementation of the Orders of the Honble Supreme Court. An order was passed on 24.3.2006 directing that the sealing would continue "notwithstanding any order passed by any Court". A further detailed order was passed on 28.4.20























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