M.C. MEHTA versus UNION OF INDIA AND ORS.

Citation: [2006] 2 S.C.R. 264 · Decided: 16-02-2006 · Supreme Court of India · Bench: Y.K. SABHARWAL · Disposal: Disposed off
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Judgment (excerpt)

A 
M.C. MEHTA 
"' 
v. 
UNION OF INDIA AND ORS. 
FEBRUARY 16, 2006 
B 
[Y.K. SABHARWAL, CJ. AND B.N. SRIKRISHNA AND 
R.V. RA VEENDRAN, JJ.] 
• . 
Constitution of India-Articles 21 and 32-Blatant and large-scale misuse 
c of residential premises for commercial use in Delhi-lack of enforcement of 
building and land use laws and orders of Courts for their implementation--
Held, rule of law is the essence of democracy-It has to be preserved-Laws 
have to be enforced-Supreme Court cannot remain a mute spectator when 
misuse affects the environment and healthy living of the citizens-
Implementation of the law to stop blatant misuse of land cannot be delayed 
D further--lt has to be stopped in a phased manner beginning with major 
violators-- Beginning has to be made to stop misuse on main roads of 80 feet 
width or more-Detailed directions issued-Rule of law-Role of Judiciary. 
Constitution of lndia--Articles 32 and 21-Town planning-Misuse of 
E 
residential premises--Right of non-violator to compensation-Polluter pays 
principle-Blatant and large-scale misuse of residential premises for 
commercial purposes in Delhi with the connivance of Government Officials-
Held, misuse has to be stopped-Violators and Government officers are 
accountable for the hardship, inconvenience and suffering caused to residents 
of the locality-It is necessary to identifY and take appropriate action against 
F officers responsible for violation of building and land use laws-Appropriate 
directions for payment of compensation by violators and such officers and 
exact manner of applicability of polluter pays principle would be issued after 
-. 
the misuse is stopped. 
Constitution of India-Part IX A-Delhi Municipal Corporation Act 
G 1957-Section 349A-Power of Central Government to enact bye-laws for 
building regulations--held, Town planning is now part of Constitutional 
obligation and section 349A was inserted to give effect to that obligation--
Town planning. 
~ . 
Delhi Municipal Corporation Act-Section 312, 313, 336(2) and 347-
H 
264 
j 
M.C. MEHTA v. U.O. I. 
265 
Land use-Planning laws laying down specific use of land-Held, use of land A 
cannot be changed-Even Municipal Corporation of Delhi cannot accord 
sanctio~ of erection of a commercial building if the notified land use is 
residential-Provision for user may be regulatory but they are mandatory and 
binding-None has any right, human or fundamental to violate the law with 
immunity and claim any right to use a building for a purpose other than one B 
authorized-Town planning-Delhi Master Plans 1962 and 2001. 
Delhi Municipal Corporation Act-Section 345A, 343 and 344-Misuse 
of premises-Power of Municipal Corporation of Delhi to seal-Held, MCD 
is empowered uls 345.A to exercise power of sealing in case of misuse of any 
premise-sealing can be resorted to at any time before or after making an 
order of demolition uls 343 or 344-View of Delhi High Court reversed on C 
this point. 
Delhi Municipal Corporation Act-Section 331 and 345A-Building bye-
laws for the Union Territory of Delhi 1983-Bye-law nos. 2.17 and 2.85-
Held, conversion of user of premises come within the purview of "to erect a D 
building" so as to attract sealing provision of s. 345A. 
Delhi Development Act 1957-Section 12, 31A and 36-Misuse of 
residential premises for commercial purposes-Power of DDA to seal-Held, 
the DDA has power to seal the premises for unauthorized development uls 
31A-lt has no power of sealing in case of misuse-Misuse does not come E 
within the ambit of development. 
Large scale flagrant violation of various laws including municipal 
laws, master plan and other plans besides environmental laws throughout 
Delhi have been engaging the attention of this court for a no. of years. 
With a view to secure the implementation of laws and protect fundamental 
rights of the citizens, repeated orders were passed from time to time. The 
court had to prioritize as to which violations were to be taken up first and 
F 
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then issue appropriate directions. Directions were issued in respect of 
shifting of hazardous and extensive industries out of Delhi. Despite all these 
orders, more and more violations were taking place. In the present 
petition, the court has taken up the issue of large scale misuse of premises G 
in residential areas for commercial use. 
The question under consideration also is about the powers of MCD 
and DDA to direct demolition and/or sealing of the properties being 
misused. 
Earli
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