M.C.MEHTA Vs. UNION OF INDIA

LAWS(SC)-2018-8-177

SUPREME COURT OF INDIA

Decided on August 24,2018

M.C.MEHTA Appellant

VERSUS

UNION OF INDIA Respondents

JUDGEMENT

- (1.) Burari Area (North MCD) The land is agricultural land but several multi-storeyed buildings have come up in the area and on a personal inspection made on 06.08.2018, it was found that constructions are going on. There is hardly any vacant land in that area and there is no agricultural land in the area. The Monitoring Committee has already noted that even water bodies have been encroached upon and a large number of trees have been cut down. Along with the report, Goggle Maps of 2002, 2007 and 2017 clearly bring out the unauthorized constructions, which have been annexed to the Report. It is further stated that in spite of huge amount of unauthorized constructions, the Deputy Commissioner concerned has taken action for demolition only against 35 properties. It is further stated that as many as 30 unauthorized colonies have come up in Burari area and adjacent villages which have all been included in the list of "Unauthorized to be Regularized Colonies" and for these provisional regularization Certificates have been given to these unauthorized colonies. The Monitoring Committee has expressed the view that there is dismal state of affairs in the "unauthorized to be regularized colonies".
(2.) Vishwas Naqar (EDMC) It is stated by the Monitoring Committee that there are approximately 800 Godowns/negative industries functioning in the residential premises. It is stated that sealing action started on 16.08.2018 and only 78 properties were sealed.
(3.) Kishan Garh, South Zone (SDMC) The Monitoring Committee accompanied by DDA and MCD officers inspected the area of Kishangarh on 10.08.2018 and noticed large scale unauthorized construction has already been built up and also ongoing on DDA land. There are a large number of multi-storeyed buildings on encroached government land including land belonging to the Forest Department. The land of the DDA has been occupied illegally but no action has been taken by the DDA in this regard. Photographs have already been annexed along with the Report. ;

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