ARUN MISHRA,J. - (1.) In Re: Issue Relating to Jurisdiction of the Monitoring Committee We are dealing with the authority of the "Monitoring Committee to seal the residential premises on the private land" particularly when they are not being used for the "commercial purpose". Whether the Monitoring Committee could have sealed these residential premises is the only question which we are examining in this order.
(2.) Report No.149 dated 2.4.2019 submitted by the Monitoring Committee concerning specific unauthorized constructions allegedly carried out in the Vasant Kunj and Rajokari area. These constructions were not on public land. The respective persons owned the land, and the Committee had submitted that a letter was received from the SDM, Mehrauli on 22.2.2019 regarding unauthorized construction in Vasant Kunj, Delhi.
(3.) A reply was filed on behalf of the residents that various residential premises were sealed where constructions were made long back. There was no authority with the Monitoring Committee to seal purely residential premises. It was pointed out that their structure was in consonance with the Master Plan (MPD-2021) within Low Density Residential Area (LDRA) modified vide Notification No.S.O.1199 (E) dated 10.5.2013 and Notification No.S.O.1744 (E) dated 18.6.2013. Reliance was placed on the various by-laws/statutory provisions. It was submitted that the Monitoring Committee was not authorized to take action, and the residential premises should be de-sealed. It was also pointed out that compounding has been made in some cases. The structure should not be demolished, given the provisions of the applicable acts, by-laws, and policy. It has to be regularized for which prayer was pending before concerned authorities.;