LexM.C. MEHTA versus UNION OF INDIA & ORS.
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A B C D E F G H 718 SUPREME COURT REPORTS [2020] 10 S.C.R. M.C. MEHTA v. UNION OF INDIA & ORS. (Writ Petition (Civil) No. 4677 of 1985) AUGUST 14, 2020 [ARUN MISHRA, B. R. GAVAI AND KRISHNA MURARI, JJ.] Delhi Municipal Corporation Act, 1957 – Present writ petition was filed in 1985 concerning issues like environment in Delhi, shifting of heavy industries, misuse of premises (including unauthorized construction) etc. – Supreme Court appointed Monitoring Committee in 2006 to put restraint on misuse of the residential premises for unauthorized/commercial purpose – However, Monitoring Committee acting on a letter written by SDM also sealed residential premises on private land not used for commercial purpose – Propriety of – Held: Monitoring Committee could not have acted based on any such letter – It is apparent from the various orders passed by this Court and reports of the Monitoring Committee from time to time that it was never authorized to take action against the residential premises not being used for commercial purposes – It was appointed only to check the misuse of residential properties for commercial purposes – Later, it was also directed to look into encroachment and unauthorized colonies on the public land – At no point in time, Monitoring Committee was empowered by this Court to act vis-à-vis the purely residential premises on private land – If there is unauthorized construction or deviation, the requisite provisions are under the 1957 Act – Monitoring Committee could not have sealed the residential premises not misused for commercial purpose as done vide Report No.149, nor directed their demolition – Report No.149, other connected reports and entire action of sealing pursuant thereto is quashed – Demolition notices also quashed – Properties sealed as per Report No.149 be de-sealed and possession restored to the owners – Constitution of India – Article 300A – Delhi Development Act, 1957 – Delhi Laws (Special Provisions) Act, 2006. [2020] 10 S.C.R. 718 718 A B C D E F G H 719 Issuing directions, the Court HELD: 1.1 The Monitoring Committee was appointed and empowered by this Court to take action within the powers conferred. In the teeth of various statutes, it would act strictly within the four corners of the powers conferred on it by this Court. When the various orders passed by this Court from time to time, before the constitution of the Monitoring Committee, are considered it is found that this Court at no point in time has empowered the Monitoring Committee to take action with respect to residential premises not used for commercial purpose. This Court initially passed an order on 7.5.2004 and constituted the Monitoring Committee comprising of (i) Chief Secretary of Delhi, (ii) Commissioner of Police, Delhi, (iii) Commissioner, Municipal Corporation of Delhi and (iv) Vice-Chairman of Delhi Development Authority. It was ordered that Monitoring Committee would be responsible for the stoppage of illegal industrial activities. The Monitoring Committee was constituted by this Court vide judgment and order dated 16.2.2006 in M.C. Mehta v. Union of India & Ors. (2006) 3 SCC 399. The only question for consideration of this Court was the misuse of the residential premises for illegal or commercial purposes. It is clear from the order dated 16.2.2006 in M.C. Mehta v. Union of India that this Court noted unauthorized construction but appointed the Monitoring Committee to put a restraint on the misuse of the residential premises for the unauthorized/commercial purpose. Pursuant to the order dated 16.2.2006, the Monitoring Committee was formed on 24.3.2006. The court again emphasized that its order should be carried out in letter and spirit in the case of M.C. Mehta v. Union of India reported in (2006) 3 SCC 429 passed on 24.3.2006. This Court directed to prevent misuse of the property in accordance with the previous order to mean that residential premises/ area should not be used for commercial purposes. In compliance with the directions issued by this Court on 24.4.2018 for the constitution of the Special Task Force, an Office Memorandum dated 25.4.2018 was issued, which was not with respect to the conferral of powers on the Monitoring Committee, but of the Special Task Force. The Monitoring Committee was authorized to take care of the unauthorized colonies, and the Special Task Force was directed to remove the M.C. MEHTA v. UNION OF INDIA & ORS. A B C D E F G H 720 SUPREME COURT REPORTS [2020] 10 S.C.R. encroachment
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