LexM.C. MEHTA versus UNION OF INDIA AND ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A
M.C.MEHTA
v.
UNION OF INDIA AND ORS.
SEPTEMBER 29, 2006
B
{Y.K. SABHARWAL, CJ., C.K. THAKKER AND R. V. RA VEENDRAN, JJ.]
Constitution of India, I 950; Article 32:
Misuser of residential premises for commercial purposes by traders-
C Supreme Court directing Municipal Corporation of Delhi to stop misuser by
resorting to sealing of the premises-Commencement of sealing process
postponed on filing affidavit by the misuser/traders-Issuance of a Notification
by Delhi Development Authority modifying Master plan providing mixed use
of the premises-Constitutionality of-Enactment of Delhi laws (Special
D Provisions) Act, 2006 by the Union of India-Issuance of Notification in
terms of provisions of the Act placing a moratorium for one year in respect
of premises to which notices issued by the authorities against unauthorized
development--Constitutionality of the Act-Held: Legislature not competent
to extend the time limit granted by this Court as it wuuld amount to performing
of judicial functions-The dignity and authority of the Court has to be
E protected for maintenance of the rule of law-Since the validity of the Act
and Notifications issued is under challenge, pending determination thereof
the traderslmisusers of the premises in question can not be allowed to claim
any benefit of such Notifications-Authorities are directed to take appropriate
measures forthwith to stop misuser of the premises further--Detailed directions
F issued-Delhi laws (Special Provisions) Act, 2006-Section 5-Delhi
Development Act-Section 11-A.
The issue involved in the present Interim Application filed in writ
petition No.4677 of 1985 is relating to the large scale misuse of residential
premises for commercial purpose by the traders in Delhi. The main issue
G was dealt by this Court on February 16, 2006, when the Court has issued
directions to Municipal Corporation of Delhi to take certain measures to stop
such misuser of the residential premises and to seal such premises. The
sealing process in a phased manner was to commence on 29th March, 2006.
However, on 24th March, 2006, considering the prayer of the traders, this
H
704
..
M.C. MEHTA v. U.0.1.
705
Court extended the time to stop misuser up to 30th June, 2006 subject to the A
condition that the traders/persons claiming benefit of extended time should
file an affidavit stating that (i) on or before 30th June, 2006, misuser shall
be stopped and no further extension on any ground shall be asked for, and (ii)
giving an undertaking to the effect that violation of condition of not stopping
the misuser by the due date would subject him/her to offence of perjury and
contempt of court. It was further directed that premises in respect of which B
affidavits are not filed, the process of sealing shall commence with effect from
the due date. A Monitoring Committee was also constituted to oversee the
implementation of the Order. On 28th April, 2006, another order was passed
by this Court permitting the Union Government to place detailed facts before
the Monitoring Committee to find out if it is possible to grant some relief to C
the traders.
In the meantime, the Delhi Laws (Special Provisions) Act, 2006 was
enacted by the Union of India with a view to provide relief to the traders. In
terms of Section 5 of the Act, the Government of India issued a Notification
on May 20, 2006 placing a moratorium for a period of one year in respect of D
notices issued by local authorities to stop misuser of the premises. Issuance
of the Notification was challenged by the petitioner. This Court vide its order
dated 10th August, 2006 while not granting the complete stay of the impugned
legislation stayed the operation of the Notification. It was further directed
that premises de-sealed pursuant to such Notification shall have to be sealed E
again in case misuser is not stopped by 15th September, 2006. In the meantime,
Delhi Development Authority in exercise of the powers conferred on it under
Section 11-A of Delhi Development Act amended the Master Plan and a
Notification was issued on 7th September, 2006 allowing mixed uses of the
premises in:question. The constitutional validity of the Notification is under
challenge on various grounds in the Interlocutory Application filed in the Writ F
Petition No. 4677of1985 and other petitions.
Petitioners contended that the Delhi Laws (Special Provisions) Act is
unconstitutional as it overrules, annuls and sets aside tExcerpt shown. Read the full judgment & AI analysis in Lexace.