Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Delhi Laws (Special Provisions) Act 2006 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Urban Development:Misuse of residential premises for commercial purposes inDelhi - In violation of various laws including municipal laws,Master Plan etc. and environmental laws - Supreme Courtconstituted Monitoring Committee directing them to seal theresidential premises which. were being used for commercial purposes - Some of those who were misusing the premises were given time tomake alternative arrangement - To get over the orders passed bySupreme Court, Delhi Development Authority (DDA) modified themaster plan of Delhi as regards the chapter on mixed land-use - ~Thereafter, Delhi Laws (Special Provisions) Act, 2006 was enacted- Pursuant thereto Central Government issued a Notification which provided that any premises sealed in pursuance of a judgement, ordersor decree of any court after 1.1.2006, would be eligible to berestored for. a period of one year - By the time the Act was enactedand Notification was issued, 5006 commercial establishments hadalready been sealed and 40,814 affidavits had been received by the Monitoring Committee stating that misuse would be stopped by30.6.2006 - Provisions of the Act and the Notification were alsochallenged as unconstitutional - The court stayed the directions inthe Notification opining that they amounted to over-ruling the ordersand directions issued by Supreme Court - DDA thereafter amendedthe Master Plan notifying 2002 patches/streets for mixed use by Notification dated 7.9.2006 - Supreme Court granted partial stayof the Notification - This court further restrained the CentralGovernment and other authorities from issuing an)! othernotification for conversion of residential premises to commercialuse, except with the leave of Supreme Court - Supreme Court transferred all the cases pertaining to challenge to the Delhi LawsAct and subsequent legislation on the same subject - With regardto sealing orders at the instance of the Monitoring committee, theCourt directed that !As filed before Supreme Court for de-sealingthe premises was to be treated as statutory appeals and would standtransferred to statutory Appellate Tribunal and 30 days time was ·given to file further I.As for de-sealing - Present applications werefiled seeking permission of the court to file an appeal before statutoryAppellate Tribunal against the sealing order beyond the grantedtime of 30 days - Held: The applicants are keen to utilise the premisesfor residential purpose - Their formal appeal before AppellateTribunal would not serve any purpose - Therefore, it is directedthat the premises be de-sealed for residential purposes, subject tocertain conditions - Henceforth, it will not be necessary for anyperson whose residential premises has been sealed, to file appealbefore Statutory Appellate Tribunal - The person can directlyapproach the Monitoring Committee for relief after depositing anamount of Rs. 1,00,0001- with the Monitoring Committee - Thepetitions which were transferred to High court, are withdrawn forexpeditious hearing. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2017 INSC 1242 |
Petitioner | M.c.mehta |
Respondent | Union Of India & Ors. |
SCR | [2017] 12 S.C.R. 467 |
Judgement Date | 2017-12-15 |
Case Number | 4677 |
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