M.C. MEHTA Vs. UNION OF INDIA
LAWS(SC)-2020-8-49
SUPREME COURT OF INDIA
Decided on August 14,2020

M.C. MEHTA Appellant
VERSUS
UNION OF INDIA Respondents


Referred Judgements :-

INDORE VIKAS PRADHIKARAN VS. PURE INDUSTRIAL COKE AND CHEMICALS LTD. AND ORS. [REFERRED TO]
PREM CHAND GARG VS. EXCISE COMMISSIONER U P [REFERRED TO]
STATE OF GUJARAT VS. SHANTILAL MANGALDAS [REFERRED TO]
A R ANTULAY VS. R S NAYAK [REFERRED TO]
ASIF HAMEED STATE OF JAMMU AND KASHMIR RAJEEV MAHAJAN JYOTI KUMARI VS. STATE OF JAMMU AND KASHMIR:RAJEEV MAHAJAN:STATE OF JAMMU AND KASHMIR:STATE OF JAMMU AND KASHMIR [REFERRED TO]
BONKYA ALIAS BHARAT SHIVAJI MANE OTHERS VS. STATE OF MAHARASHTRA [REFERRED TO]
SUPREME COURT BAR ASSOCIATION VS. UNION OF INDIA [REFERRED TO]
STATE OF WEST BENGAL VS. VISHNUNARAYAN AND ASSOCIATES PRIVATE LIMITED [REFERRED TO]
BHAVNAGAR UNIVERSITY VS. PALITANA SUGAR MILL PRIVATE LIMITED [REFERRED TO]
BALRAM KUMAWAT VS. UNION OF INDIA [REFERRED TO]
KRISHI UTPADAN MANDI SAMITI VS. PILIBHIT PANTNAGAR BEEJ LIMITED [REFERRED TO]
UNION OF INDIA VS. WEST COAST PAPER MILLS LTD [REFERRED TO]
M C MEHTA VS. UNION OF INDIA [REFERRED TO]
STATE OF U P VS. MANOHAR [REFERRED TO]
STATE OF RAJASTHAN VS. BASANT NAHATA [REFERRED TO]
HINDUSTAN PETROLEUM CORPORATION LTD VS. DARIUS SHAPUR CHENNAI [REFERRED TO]
M C MEHTA VS. UNION OF INDIA [REFERRED TO]
M C MEHTA VS. UNION OF INDIA [REFERRED TO]
T VIJYALAKSHMI VS. TOWN PLANNING MEMBER [REFERRED TO]
CHAIRMAN INDORE VIKAS PRADHIKARAN VS. PURE INDUSTRIAL COCK AND CHEM LTD [REFERRED TO]
K T PLANTATION PVT LTD VS. STATE OF KARNATAKA [REFERRED TO]
DELHI AIRTECH SERVICES PVT LTD VS. STATE OF U P [REFERRED TO]
SHRIRAMPUR MUNICIPAL COUNCIL VS. SATYABHAMABAI BHIMAJI DAWKHER [REFERRED TO]
M.C. MEHTA VS. UNION OF INDIA [REFERRED TO]
M.C. MEHTA VS. UNION OF INDIA [REFERRED TO]
RAVINDRA RAMCHANDRA WAGHMARE VS. INDORE MUNICIPAL CORPORATION & ORS. [REFERRED TO]


JUDGEMENT

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.
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