- (1.) In terms of the decision of this Court dated 16.02.2006, public notices dated 26.02.2006 and 2.03.2006 were issued by the Municipal Corporation of Delhi (MCD) setting out the names of the roads where the sealing process of premises misused would commence in the first phase.
(2.) After a brief hearing on 20-3-2006 and as a result of the discussion in the said hearing, MCD has issued a further public notice on 22.03.2006 in continuation of the earlier public notices. The public notice issued on 22.03.2006 reads as under: "Public Notice In compliance with the judgment dated 16.02.2006 passed by the Hon ble Supreme Court of India in IA No. 22 in WP (C) No. 4677 of 1985, etc. In the matter of M.C. Mehta V/s. Union of India and in continuation of the public notices dated 26.02.2006 and 2.03.2006, the following clarification is being issued for information of the general public: (1) In the first phase of sealing, action shall be taken in respect of all those buildings, which are on roads where the extent of misuse (measured by the number of such misusing buildings on that road) exceeds fifty per cent of the number of buildings on that road. (2) It is further clarified that sealing action would be taken irrespective of the degree and extent of misuse in respect of a building situated on a road having width of 80 ft and above, mentioned in the earlier public notices. Clarification in relation to mixed land use would be issued after the next date of hearing, which is fixed for 24.03.2006. (3) At this stage, small shops opened in residential houses for catering to day-to-day basic needs, would not be sealed. sd/- Commissioner"
(3.) In respect of the aforenoted first category, it is stated by Mr Harish Salve, learned counsel appearing for MCD that it would be applicable to all roads already notified on 26-2-2006 and 2-3-2006. It is submitted that the roads were again not named because the same had already been mentioned in the earlier public notices.;