TaxTMI 
TaxTMI 
2020 (8) TMI 942
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.... Ms. Garima Prashad, Adv., Ms. Anil Katiyar, Adv., Mr. D.N. Goburdhun, Adv., Mr. Alok Gupta, Adv., Mr. Vijay Panjwani, Adv., Mr. Siddharth Luthra, Senior Advocate, Mr. Ejaz Maqbool, Advocate on Record, Mr. Abhimanyu Bhandari, Advocate, Ms. Roohina Dua, Advocate, Mr. Cheitanya Madan, Advocate, Mr. Siddharth Luthra, Sr. Adv., Mr. Abhimanyu Bhandari, Adv., Ms. Roohe Hina Dua, Adv., Mr. Cheitanya Madan, Adv., Mr. Naveen Kumar, AOR, Mr. Dhruv Mehta, Senior Advocate, Mr. Yashraj Singh Deora, AOR, Mr. Rahul Narayan, Adv., Mr. Nishit Agrawal, Adv., Mr. Harsh Mishra, Adv., Mr. Chirag M. Shroff, Advocate, Ms. Sanjana Nangia, Adv., Ms. Abhilasha Bharti, Adv., Ms. Prerna Mehta, Adv., Mr. Tileshwar Prasad, Adv., Mr. Naresh Aditya Madhav, Adv., Ms. Rachana Joshi Issar, Adv., Mr. Rahul Narayan, AOR, Mr. Jasbir Singh Malik, Adv., Ms. Usha Nandini V., Adv., M/s Saharya & Co., Ms. Prerna Mehta,Adv., Mr. Tileshwar Prasad,Adv., Mr. Naresh Aditya Madhav,Adv., Mr. Jatinder Kumar Bhatia , Adv., Mr. Ashutosh Kumar Sharma Adv., Ms. Bina Gupta, AOR Petitioner(s)-in-Person, Mr. B.V. Balram Das, Advocate, Ms. Anil Katiyar, Advocate, Mr. Praveen Swarup, Advocate, Ms. Garima Prashad, Advocate, Mr. D.N. Goburdhu....
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....arish Pandey, AOR, Mr. Shekhar Kumar, AOR, Mr. Abhinav Mukerji, AOR, Mr. Annam D. N. Rao, AOR, Mr. Satish Aggarwal, AOR, Mrs. Rekha Pandey, AOR, Mr. Senthil Jagadeesan, AOR, Ms. Prasanthi Prasad, AOR, Mrs. Rachana Joshi Issar, AOR, Mr. Ajit Sharma, AOR, Ms. Prerna Mehta, AOR, Ms. Anu Gupta, AOR, Ms. Rukhsana Choudhury, AOR, M/S. Saharya & Co., AOR, Mr. Harsh V. Surana, AOR, Mr. Raj Kamal, AOR, Mr. Himinder Lal, AOR, Mr. Prashant Bhushan, AOR, Mr. M. P. Shorawala, AOR, Mr. Arvind Gupta, AOR, Mr. Abhas Kumar, AOR, Mr. Vivek Narayan Sharma, AOR, Mr. Milind Kumar, AOR, Ms. Kaveeta Wadia, AOR, Mr. Ajay Kumar Singh, AOR, Mr. Gagan Gupta, AOR, Mr. Yoginder Handoo, AOR, Mr. Jasmeet Singh, AOR, Mr. Gaurav Sharma, AOR, Ms. Akriti Chaubey , AOR, Mr. Prakash Ranjan Nayak, AOR, Mr. T. Mahipal, AOR, Ms. Garima Prashad, AOR, M/S. Karanjawala & Co., AOR, Mr. Rahul Narayan, AOR, Mr. Alok Gupta, AOR, Mr. Arvind Kumar Sharma, AOR, Mr. Rajat Joseph, AOR, Mr. Ravinder Kumar Yadav, AOR, Mr. Shekhar Prit Jha, AOR, Dr. Monika Gusain, AOR, Mr. S. S. Shroff, AOR, Mr. O. P. Bhadani, AOR, Mr. Amarjit Singh Bedi, AOR, Mr. Ejaz Maqbool, AOR, Mr. Rameshwar Prasad Goyal, AOR, Mr. Anand Mishra, AOR, Mr. Ramesh Kum....
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....rmissible to raise the construction for the use of a residence as provided under Clause 4.4.3 G of MPD­2021. Reliance has also been placed on NDRA Policy. 5. We have heard Shri Ranjit Kumar, Ms. Anitha Shenoy and Shri A.D.N. Rao, learned Amicus Curiae, Shri Rakesh Khanna, Shri Siddharth Luthra, Shri Mukul Rohatgi, Shri R.C. Mishra, Shri Nalin Kohli, Shri Wasim A. Qadri, Shri Sanjiv Sen, learned senior counsel, Shri Tushar Mehta, learned Solicitor General, Ms. Aishwarya Bhati, learned Addl. Solicitor General, Shri D.N. Goburdhan, Shri Naveen Kumar, Ms. Karuna Nundy, learned counsel and other learned counsel appearing for the parties. 6. Shri Ranjit Kumar, learned Amicus Curiae with his usual vigour urged that Writ Petition (C) No.4677 of 1985 was filed in this Court regarding environment in Delhi, shifting of heavy industries, noxious industries, stopping of all mining in Aravali hills in and around Delhi including demolition of colonies built on forest land, misuse of premises (misuse includes unauthorized construction), i.e., construction without sanction, lack of civic amenities and the need for their upgradation, etc. This Court appointed the Monitoring Committee in the ye....
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....mittee, it illegally sealed other premises. A Special Task Force has been constituted as per order dated 24.4.2018 to remove the encroachments on public roads, public streets, and pedestrian street, and it was for the Monitoring Committee to suggest to the Special Task Force the areas where immediate action was required to be taken concerning aforesaid aspect. The Special Task Force was constituted under section 5(3) of the Delhi Development Act, 1957. Thus, it is a statutory body. It has the task of overseeing the implementation of the applicable laws regarding illegal constructions, encroachment on public land, public parks, parking places, roads, pavements, etc. Special Task Force is taking adequate action as and when a violation is reported. 10. Shri D.N. Goburdhan, learned counsel appearing on behalf of the Government of NCT of Delhi, has raised the following arguments: a. That the Delhi Municipal Corporation Act, 1957 (for short, "the DMC Act") is a complete code by itself. The Delhi Municipal Corporation is a statutory body which cannot be deprived of its functions. He has also attracted the attention of this Court to the Building Regulations and to sections 334 and 335 o....
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....order to stop the unauthorized commercial use of the land earmarked for residential purposes, as provided in the Zonal Plan. The Monitoring Committee without power sealed the premises, which were in the commercial area for commercial use. He has attracted our attention to certain provisions of the Master Plan. Concerning the aforesaid aspects, we do not propose to deal with it in the instant order. We propose to deal only with the limited question whether the Monitoring Committee is empowered by this Court to seal the residential premises. We leave the question of commercial plots raised by Shri Khanna to be dealt with separately. 12. Shri Khanna further argued that the Monitoring Committee had no power to seal purely residential premises. He has attracted our attention to this Court's order by which it was constituted, and various other judgments and orders passed in this regard. He has argued that the Monitoring Committee kept quiet, pursuant to the query made by this Court on 7.5.2019 as to whether in past, before Report No.149 was submitted, the Monitoring Committee sealed the residential premises which were not being used for commercial purposes. No past instance was given by....
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....7B of the DMC Act. The Monitoring Committee, unless specifically authorized by this Court, could not violate the procedure under the DMC Act. Reliance has been placed by the learned counsel on the various decisions to be referred to later. (i) Particularly when the Monitoring Committee is not empowered to take any such action, no appeal lies against the action of the Monitoring Committee. Only it hears a representation. Not even the High Court can interfere in the functioning of the Monitoring Committee. (ii) Even with respect to the encroachment on public roads, public streets, and pedestrian streets, the Special Task Force is authorized to take action. Thus, the Monitoring Committee's power after the constitution of Special Task Force is further restricted, and it is for the Monitoring Committee to suggest to the Special Task Force with respect to the encroachment on the public land, roads, and public places. (iii) The range of remedies available to the owner of the property in the residential premises' occupation cannot be deprived of by the Monitoring Committee. The provisions regarding demolition and stoppage of buildings and works in certain cases are containe....
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....ia & Ors, (2006) 3 SCC 399. Following is the relevant portion: "1. In respect of large number of immovable properties throughout Delhi, flagrant violations of various laws including municipal laws, master plan and other plans besides environmental laws have been engaging the attention of this Court for number of years. With a view to secure the implementation of laws and protect fundamental rights of the citizens, various orders were passed from time to time. 2. This Court has a constitutional duty to protect the fundamental rights of Indian citizens. What happens when violators and/or abettors of the violations are those, who have been entrusted by law with a duty to protect these rights? The task becomes difficult and also requires urgent intervention by court so that the rule of law is preserved and people may not lose faith in it, finding violations at the hands of supposed implementers. The problem is not of the absence of law, but of its implementation. 3. Considering such large-scale flagrant violations, this Court had to prioritise as to which violations may be taken up first and then issue appropriate directions. In this view, at first instance, directions were iss....
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....o Acts. Later, some other matters were also decided by the High Court following the Full Bench decision. Those judgments are also under challenge." (emphasis supplied) Following questions were framed by this Court for consideration: "13. The questions to be determined are: A. Whether MCD under the DMC Act has power to seal the premises in case of its misuser? B. Whether DDA, under the Delhi Development Act, has also similar power of sealing or not? C. Directions to be issued in respect of residential properties used illegally for commercial purposes. 14. In these matters, we are considering only the issue of misuser. We are not considering the issue of unauthorised constructions." (emphasis supplied) (ii) It is apparent that the only question for consideration of this Court was the misuse of the residential premises for illegal or commercial purposes. In paragraph 14 (quoted above), this Court made it clear that it did not consider the issue of unauthorized constructions. This Court considered the plight of the residential areas in para 33 of the judgment, where it noted large­scale conversion of residential premises for commercial use, thus: "33. Keeping fu....
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....rmining the point in issue as the context herein does not provide otherwise for the present purposes. It does not provide that the power of sealing under Section 345-A cannot be exercised in case of misuser. In view of the clear language of Section 345-A, we are also unable to sustain the view of the High Court that action under Section 345-A can be taken only when there exists order of demolition under Section 343 or an order under sub-section (1) of Section 344. The conclusion of the High Court that action under Section 345-A can be taken only when there exists an order of demolition under Section 343, or on passing of an order under sub-section (1) of Section 344, and in no other contingency cannot be accepted in view of the clear provision of Section 345-A that action can be taken even before or after an order is made under those provisions." (emphasis supplied) (iv) The court eventually issued directions in respect of other residential properties used illegally for commercial purposes, thus: "47. In special leave petitions and Civil Appeals Nos.608-11 of 2003 challenge is to the judgments of the High Court disposing of writ petitions in terms of law laid down by the Full B....
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....s been decided to eliminate this menace with a firm hand. You are, therefore, requested to take strong and prompt action against all illegal constructions/unauthorised encroachments and also against misuses of land in violation of the provisions of the master plan of Delhi. The following measures are particularly required to be enforced strictly: (i) All illegal constructions should be demolished, not cosmetically but in toto. (ii) The cost of demolition should be recovered from the illegal builders within 15 days of demolition. In case of non-payment within 15 days, the amount due should be recovered as arrears of land revenue. (iii) In all cases of illegal constructions, prosecution should invariably be launched against builders under the Delhi Municipal Corporation Act, the Delhi Development Act, the New Delhi Municipal Council Act, etc. and the cases followed vigorously with the police authorities/courts. (iv) Wherever the property is on lease, action should be taken under the terms and conditions of lease agreement and re-entry effected within the shortest permissible period under such lease agreement. After re-entry, physical possession of the property should be take....
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....polations, over the rising menace of unauthorised constructions in Delhi and the suspected connivance of the staff of the different authorities in the matter. A flying squad has been constituted in the Ministry and if, as a result of findings of this squad, it is found that the subordinate staff has not done its duty or not carried out the aforesaid instructions, strict action against the subordinate/supervisory staff would be taken by the Government. Yours faithfully, Sd./- (Dr. Nivedita P. Haran) Joint Secretary to the Government of India Copy for information and necessary action to: 1. Deputy CVO, Ministry of UD&PA, Nirman Bhawan, New Delhi. 2. L&DO, Ministry of UD&PA, Nirman Bhawan, New Delhi. 3. DG(W), CPWD, Nirman Bhawan, New Delhi. Sd/- (N.L. Upadhyay) 53. Now, we revert to the task of implementation. Despite its difficulty, this Court cannot remain a mute spectator when the violations also affect the environment and healthy living of lawabiders. The enormity of the problem which, to a great extent, is the doing of the authorities themselves, does not mean that a beginning should not be made to set things right. If the entire misuser cannot be stopped....
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.... be for the officers to show what effective steps were taken to stop the misuser." (vi) Ultimately, the court has passed the following order while appointing the Monitoring Committee: "69. Having held that the Commissioner of MCD has power under the DMC Act to seal premises in case of its misuser, we issue the following directions for taking immediate steps to seal residential premises being used for commercial purpose: 1. MCD shall within 10 days give wide publicity in the leading newspapers directing major violations on main roads (some instances of such violators and roads have been noted hereinbefore) to stop misuser on their own, within the period of 30 days. 2. It shall be the responsibility of the owner/occupier to file within 30 days an affidavit with the Commissioner of MCD stating that the misuser has been stopped. 3. In case misuser is not stopped, sealing of the premises shall commence after 30 days, from the date of public notice, first taking up the violations on roads which are 80 ft wide and more. All authorities are directed to render full assistance and cooperation. After expiry of 30 days from the date of public notice, electricity and water supply shal....
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....scretion with the officers of MCD. Accordingly, we appoint a Monitoring Committee comprising of Mr K.J. Rao, Former Advisor to the Election Commissioner, Mr Bhure Lal, Chairman, EPCA and Major General (Retd.) Som Jhingan. We direct that all necessary facilities shall be supplied by MCD to the members of the Monitoring Committee, including the facility of transport, secretarial services, honorarium, etc. 9. IAs Nos.1921, 1922 and 1923 have been filed by three associations whereas IAs Nos.1918-19 have been filed by an individual business house. The applicant of IA No.1919 has filed an affidavit giving an undertaking to this Court to stop the misuser within the time granted by this Court. The applications filed on behalf of the associations state that in the event of this Court granting time, they would ensure that the benefit of time is given only to those who file individual affidavit and undertaking as per the directions of this Court. In the order dated 16-2-2006, the Court has already pointed out the extent, nature and magnitude of the contravention of various laws. Be that as it may, we grant not only to the applicant associations or their members but to others too, time to st....
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....to be carried on in mixed land use since the first floor onwards are expected to be used for residential purposes only and thus liquor trade in such residential areas cannot be allowed to be continued. This part of recommendation in para 4 of the report is accepted. Regarding recommendations 5 and 6 regarding professional activities and the basement are concerned, learned Solicitor General states that since the matter is under consideration of the Government, for the present, the sealing in respect thereof may not be continued. Learned counsel further states that it will take about six weeks to decide these matters. Further, it may be noted that in para 21(v)(e) of our order dated 29th September, 2006, for illustrative purpose, only four professions were mentioned but it is clear that other professions are not excluded. The term 'professionals' has been made inclusive by use of the word 'including'. In view of the above, for the present, sealing need not continue in respect of the activities mentioned in para 5 and 6 of the report of the Monitoring Committee. The recommendation in regard to desealing, contained in para 7 of the report, is also accepted. The Municipal Corporat....
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....t a residential look even through no one appears to be living in it and the impression was that though building was sanctioned only for residential purposes and no commercial activity was going on but fresh commercial activity may commence. According to the Municipal Corporation of Delhi, as noted therein, where commercial activity has not yet commenced, building can be booked for violation of building plans. Directions are sought that Municipal Corporation of Delhi be asked to issue public notice that no commercial activity/ fresh commercial activity shall be allowed without first getting the building plans approved and on registration and payment of conversion and parking charges. Example of one such stretch of road is mentioned in Paragraph (4) from Mool Chand Hospital crossing to Ashram Chowk. It is to be made clear that no fresh commercial activity in building sanctioned for residential purposes can be allowed and on violation being noticed, it would be the personal liability of the Deputy Commission of the concerned zone to take appropriate action. It will also be the personal liability of the concerned Station House Officer to inform the concerned officers in the Municipal C....
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....horize the Monitoring Committee to seal the residential properties being used for residential purposes. The order is of no relevance to decide the question of the authority of the Monitoring Committee. 26. On IA No.22, this Court in its order dated 10.4.2007 considered Report No.34, contents of which are placed by following orders: "We are shocked to find that in spite of our earlier orders, there has been a total sense of non-cooperation exhibited by the M.C.D. and the police officials. The report of the Monitoring Committee shows that on 03.04.2007, 04.04.2007 and 09.04.2007, the police authorities did not cooperate in the matter of sealing of the unauthorized premises. Let the Commissioner of Delhi Police and the concerned area Police Officers appear in person on 11.04.2007 before this Court and file affidavits indicating as to under what circumstances the orders of this Court were not carried out and there was non cooperation in the matter of sealing. Similar shall be the position so far as the Commissioner, M.C.D. is concerned. The matter shall be listed tomorrow, i.e. 11.04.2007 for this purpose only. These cases shall be listed on 07.05.2007. Before that date, learn....
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.... The Monitoring Committee shall be entitled to inspect the premises in which any illegal construction may have been made after this order or any encroachment on public land or regularisation and if necessary, submit report to this Court. Any person desirous of getting a copy of any report of the Monitoring Committee may make an application to the Monitoring committee and the required report be furnished to the applicant within a period of ten days on payment of usual charges. It is also made clear that any party shall be free to file an appropriate application before the Monitoring Committee for its consideration and appropriate order. IA Nos.2518-2521 Shri M.N. Krishnamani, learned senior counsel appearing for the applicants state that in view of the developments which have taken place after the last order of the Court, the applications have become infructuous and the same may be disposed of as such. In view of the statement of learned senior counsel, IA Nos.2518-2521 are disposed of as infructuous. We hope and trust that the order passed by the Monitoring Committee will be implemented at the earliest." (emphasis supplied) It was ordered that the Monitoring Committee ....
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....ted 12.4.2016 and 30.10.2017. It was observed in the order that the power of the Monitoring Committee be restored. While the order was reserved on the aforesaid date on IA No.93010 and 93007 of 2017, the relevant portion is extracted: "1. Invaders have pillaged Delhi for hundreds of years, but for the last couple of decades it is being ravaged by its own citizens and officials governing the capital city - we refer to unauthorized constructions and misuse of residential premises for industrial and other commercial purposes. This Court has focussed on these illegal activities in several decisions and has issued directions from time to time to try and bring some sanity to urban living but to little or no effect. The applications before us, the chronology of events and the historical developments leading up to these applications has given cause to reflect and decide on some of these issues keeping our constitutional obligations in mind. 3. M.C. Mehta, an environmental activist, had already moved this Court with an application to find a remedy for the air pollution in Delhi in a pending writ petition. Although he sought several reliefs, this Court first concentrated on use of reside....
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....ts to implement the laws are ignored, the result can only be total lawlessness. In the decision rendered on 16th February, 2006 this Court noted, quite explicitly and not in a veiled manner, that blatant misuse of properties in Delhi for commercial purposes on such a large-scale could not take place without the connivance of the officers and that it was therefore necessary to take action to check corruption, nepotism and total apathy towards the rights of citizens - and we may add, chaos and disaster. This Court noted that there must be some accountability not only of those violating the law but also of those errant officers who turn a blind eye to the misuse of residential premises for commercial purposes. It was observed in paragraph 61 of the Report as follows: "Despite passing of the laws and repeated orders of the [Delhi] High Court and this Court, the enforcement of the laws and the implementations of the orders are utterly lacking. If the laws are not enforced and the orders of the courts to enforce and implement the laws are ignored, the result can only be total lawlessness. It is, therefore, necessary to also identify and take appropriate action against officers responsi....
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....ner, Mr. Bhure Lal, Chairman, EPCA and Major General (Retd.) Som Jhingan. All necessary facilities to the members of the Monitoring Committee were directed to be provided by the MCD including facility of transport, secretarial services, honorarium etc. *** *** *** 29. On 30th April, 2013 this Court passed a significant judgment and order in M.C. Mehta v. Union of India. [(2013) 16 SCC 336] This decision related to the challenge to the Act and subsequent legislations extending the provisions of the Act. A few directions were issued but two of them need particular mention: (i) All the writ petitions challenging the Delhi Laws (Special Provisions) Act, 2006 (and subsequent legislations virtually extending the provisions of the Act) and I.As. connected therewith were transferred to the Delhi High Court with a request to hear the matters at an early date, preferably within one year from the date of receipt of the entire records and papers. (ii) The order passed by this Court on 3rd January, 2012 in M.C. Mehta v. Union of India [(2012) 11 SCC 759] to the following effect would continue: "Till the matter is heard by the Court, the Monitoring Committee shall not order further sealing....
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.... affidavits will be filed before the Monitoring Committee who may impose such other further conditions as may be appropriate. 36. In the event the Monitoring Committee is satisfied that the premises in question ought to be de-sealed, it may require the concerned statutory authority to de-seal the premises in question. If the Monitoring Committee is not satisfied that the premises in question ought to be desealed, the applicants will be at liberty to approach this Court for appropriate orders. We make it clear that in view of Report No. 46 dated 12th November, 2007 this Order will not be applicable to all other commercial activities that have been sealed in the premises in question. 37. We make it clear that henceforth it will not be necessary for any person whose residential premises have been sealed for misuse for any commercial (other than industrial) purposes at the instance of the Monitoring Committee to file an appeal before the appropriate statutory Appellate Tribunal. Instead, that person can directly approach the Monitoring Committee for relief after depositing an amount of Rs.1,00,000/- with the Monitoring Committee which will keep an account of the amounts received by....
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....: "We have heard learned amicus curiae as well as learned Additional Solicitor General (Mr. Nadkarni) appearing for the Union of India, learned Additional Solicitor General (Mr. Maninder Singh) appearing for the DDA and learned counsel for Government of Delhi and other bodies. Mr. K.C. Naik, Member Secretary and Officiating Chairman of the Central Ground Water Board is present. He has been requested to give us the status of ground water level in 20 points in Delhi from the year 2000 onwards every five years including for the year 2017/2018 so that we are in a position to understand whether there has been a depletion of ground water and in which area and to what extent. This may be done in the form of a chart as well as in the form of a Plan/graph/map. It has been brought to our notice by learned amicus curiae that an order was passed by this Court on 27th August, 2007 which is quoted in Report No.114 to the effect that construction is being carried out in unauthorized colonies. This has been possible because the building and other bye-laws do not apply to these unauthorized colonies. Consequently, unauthorized colonies are placed in a better position than authorized colonies.....
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....Civil) 4677/1985), the following Action Plan was submitted in the hearing held on 15.5.2018 as intention and commitment to check all ongoing/ future unauthorized constructions, examination of specific complaints of unauthorized constructions in the part and to take action thereon and to weed out malpractices and corruption in the functioning of developmental and municipal bodies under over the overall supervision and coordination of the Special Task Force (STF) constituted vide OM dated 25-4-2018. 1. Plan of Action to ensure that no further illegal construction/ irregularity takes place in future i) On the basis of territorial jurisdiction of the statutory authorities/ local bodies like Delhi Development Authority, New Delhi Municipal Council, South Delhi Municipal Corporation, North Delhi Municipal Corporation and East Delhi Municipal Corporation a Grid of officers has been prepared. This Grid would include the names, telephone numbers and emails of the concerned Executive Engineer / Equivalent Officer of respective zones of the various statutory authorities/ local bodies, who shall be held accountable for all future irregular and unauthorized constructions/ violations of the....
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....h, South Zone (SDMC), the encroachment of DDA land at Karkardooma Metro Station (EDMC) and Bhatti Mines area of SDMC. 36. The order dated 7.9.2018 has also been referred to in which following facts have been noted.: "2. Functioning of the Monitoring Committee It is stated that the Monitoring Committee is doing its best to comply with the orders passed by this Court and to ensure that there are no encroachments or unauthorized constructions or misuse of property in Delhi, but the Monitoring Committee is not getting adequate support from the executing agencies namely MCD, NDMC, DDA, and the Police. Therefore, there are existing constraints with the result that the Monitoring Committee has not been able to fully comply with the orders passed by this Court. We request the Monitoring Committee to continue with its onerous task and we expect the statutory bodies (mentioned above) as well as the Police to render all necessary assistance to the Monitoring Committee in carrying out its task. If there are any specific complaints, these should be brought to the notice of this Court as has been done in the past. Needless to say that any complaint made by the Monitoring Committee brou....
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....y the STF. It is further stated that the STF has received a very large number of complaints exceeding 7000 and it has become quite difficult to deal with all these complaints. So far about 3,400 complaints have been dealt with. In view of the large number of complaints, efforts are being made to recruit additional staff. It is stated by Mr. Kapoor that additional staff will be recruited within 15 days or so or in any case before 31.12.2018. We expect the STF to expeditiously deal with all these complaints and take appropriate action wherever necessary. This may be done in a time bound manner. We may note that the fact that the STF has received more than 7000 complaints indicates the magnitude of the problem of encroachments and unauthorized construction in Delhi. 2. A consolidated report of the actions taken on the recommendations of the Special Task Force has been shown to us today. On perusal of the report, we find that the total area cleared from encroachment by the STF under permanent structures is as high as 10,71,838 sq mts. The area under temporary structures that has been cleared from encroachment is 16,99,858 sq mts. In addition, about 3,202 sq mts of roads / s....
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....he affidavits further shows that the parties concerned have not even touched the tip of the iceberg as far as demolition of unauthorised constructions is concerned. The number of unauthorised constructions which are said to have been demolished are a small fraction of what is required to be done. It is quote evident that there is now no fear of the law catching up at least with those persons who do not believe in adhering to following the rules and regulations laid down with respect to construction of property. Unauthorised encroachment and illegal construction even as per the affidavits are increasing. It is dangerous trend if the people do not have either respect for or fear of law primarily due to non-enforcement of the law. It is something which causes us some concern and it would be appropriate if serious thought is given to this aspect at the higher quarters....... 53. .... On one hand, various laws are enacted, master plans are prepared by expert planners, provision is made in the plans also to tackle the problems of existing unauthorised constructions and misusers and on the other hand, such illegal activities go on unabated openly under the gaze of everyone, without havi....
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....ed a Monitoring Committee comprising of Sh.K.J. Rao, Former Advisor to Election Commission, Sh. Bhure Lal, Chairman, E.P.C.A. and Maj. General (Retd.) Som Jhingon, Kirti Chakra, VSM to monitor the sealing of commercial establishments in residential premises in Delhi. The Municipal Corporation of Delhi (MCD) had informed the members of their appointment as Members of the Monitoring Committee on 28th/30th March, 2006. Sh. Bhure Lal & Sh. K.J. Rao took charge of office on 29th March 2006 and had a meeting with the officers of the Municipal Corporation of Delhi and Senior Advocates of MCD." REPORT NO.2 46. In Report No.2 dated 6.5.2006 submitted by the Monitoring Committee, is captioned as under: "REPORT NO.2 OF THE MONITORING COMMITTEE FOR SEALING OF COMMERCIAL ESTABLISHMENTS IN RESIDENTIAL PREMISES" The Report is with respect to the sealing of commercial establishments in residential premises. Certain suggestions were made with respect to roads measuring 80 ft. wide and above, mixed land use and payment of conversion charges, zonal plans, parking, vacant commercial units built by Delhi Development Authority, and Banquet halls. Following is the Executive Summary of the Report: ....
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....t houses, jewellery shops, restaurants and iron and steel shops. The report has a mention of "small shops", which deals with private activities in "residential areas" such as Vegetable/ fruits/ flowers, bakery items, kirana, stationery, cybercafé, barber shop, chemist shops, etc. The report further states about "prohibited commercial activities in residential areas," such as banquet halls, storage, go­downs, junk shops, liquor shops, printing, dyeing, and varnishing, etc. 49. Bistro Village is situated at Hauz Khas. In para 17, it is mentioned that it is an urban village where permitted land use for the area is residential, and no commercial activity within the village can be permitted. It was observed that a major part of the village is full of commercial activities, even though no commercial activity was permitted in Hauz Khaz village, which is a residential area. The report also mentions commercial activities in unauthorized colonies like Madhu Vihar, where area earmarked for a Community Centre, Health Centre, and other community facilities has encroached. The report was relating to "commercial use in the residential premises". It was also mentioned that there is an ....
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....ht pages of the Notification and that the full text of the Notification would be available only by the evening of 18th September, 2006. A copy of the Notification, dated 15th September, 2006, has finally been received by the Monitoring Committee at 6 P.M. on 19th September, 2006. 7. The Monitoring Committee would submit to the Hon'ble Supreme Court that the rationale and the stand taken by the MCD on sealing operations Vide its Note, dated 16th September, 2006 is different from the stand earlier taken by it on the 15th September, 2006, in the meeting of the Monitoring Committee with the Commissioner and other officers of the MCD, which is somewhat surprising. The Monitoring Committee further submits that as per the sealing programmes received from the MCD, the sealing operations are being done by the MCD as per the stand taken by it in its Note, dated 16th September, 2006. Accordingly, sealing operations are being done in areas/roads which herewith and collectively marked as Annexure 'D'. A comparison of these two sets of photographs show the extent of change of face of the commercial area. The Monitoring Committee brings it to the notice of the Hon'ble Court that any buildin....
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....DTH operations; b. Hosiery/ Readymade Garments/ Cloth Shops; c. ATM; 1.1 The Monitoring Committee further recommends that the Hon'ble Court may kindly consider to fix a date before which the owners of the small shops should get themselves registered after depositing the conversion charges and getting the Building Plans revised. 2. Similarly, the Hon'ble Court may kindly consider to fix a date before which owners of the shops under mixed land use/ commercial use get themselves registered after depositing the conversion charges and getting the Building Plans revised." REPORT NO.8 53. In Report No.8 dated 17.10.2006, the 'CAPTION' remains the same as Report No.1. The report states meeting with the Commissioner of Police, Delhi, and sealing programme in unauthorized colonies. REPORT NO.16 54. Report No.16 dated 23.11.2006 is regarding the sealing of "CTC Plaza" at Kilokhri, Ring Road. It is a "branded showroom" of diamond jewellery, sarees, costumes, readymade garments, etc. It has been used for commercial activity. REPORT NO.31 55. In Report No.31 dated 2.3.2007 'CAPTION' is the same as Report No.1, the following facts have been mentioned by the Monitoring Committee: ....
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....eas". The detail of the registration was given for small shops, professionals, commercial and other activities in the residential areas. Concerning conversion charges for mixed land use, certain suggestions were made. The report also contains the detail of the encroachment made on the public land. The report also contains in detail the provisions of the MPD­2021 and regarding "regularization of unauthorized colonies" on "encroached public land" of "Gram Sabha", acquired land, "DDA land", "MCD land", "Forest land", etc. It was pointed out that total encroachments on public land is "26,830 Bigha 17 Biswas". "Unauthorized colonies which have come up on the public land" were having "commercial activities" also. REPORT NO.43 58. Report No.43 dated 5.10.2007 'CAPTION' is the same as in Report No.1. It is apparent from the entire Report No.43 that it was concerning payment of conversion charges for small shops, "mixed use" and "commercial activities" registered. The report further states regarding godowns in rural areas and "encroachment" of Raj Vidya Kender upon the "public land". REPORT NO.46 59. Report No.46 dated 12.11.2007 was filed concerning IAs regarding sealing of premi....
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....to ensure the implementation of MPD-2021 in its true spirit by ensuring that all commercial activities in residential premises are identified and removed. Some important facets are: 1. Admissibility of only one small shop on a plot in residential premises 2. Re-survey of classified roads. Many roads which do not qualify to be notified either as MLU/ Commercial Road even as per the MCD survey, have not been de-notified despite the assurance given by the MCED to the Hon'ble Supreme Court and several reminders by the Monitoring Committee. In one case a single property in A & B Colony (A-4 Sarvodaya Enclave) has been clubbed with E&F Colony and notified as commercial road in blatant violation of the MPD-2021, by an amendment to the Notification dated 15th Sept 2006). 3. Commercialization in Rural & Urban Villages. 4. Encroachment of public land by the traders. 5. Non sealing of commercial activities in non-permissible premises like D-1, D-1A & D-18, Green Park Min Market, Jahaz Mahal (Mehrauli) Shiva Market in a DDA Pak in Rohini Zone etc. 6. Parking & free circulation on commercial roads. 7. Breaking of seals in more than 70 reported cases in just two Zones of MCD, in wh....
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....on of their land holdings." REPORT NO.104 66. Report No.104 dated 30.10.2017 deals with the "conversion charges" regarding "mixed use land", de­notification of 140 roads, "unauthorized construction" on "public and Government land" and "unauthorized colonies were being constructed by way of encroachments in the Government land". The Report further states regarding violations by commercial establishments like Delhi Cloth Mills and other institutions where "commercial shops" were built and regarding Ambassador "Hotel" etc. REPORT NO.106 67. In Report No.106 dated 10.1.2018 submitted by the Monitoring Committee, public land use was acquired where unauthorized structures were raised. The Monitoring Committee has mentioned the following facts: "The Monitoring Committee has finalized its plan to carry out the assigned task of sealing the unauthorized structures, eradicate misuse and remove encroachment on DDA/ Government land and making the public aware of the seriousness of their crime for any illegal act in this process. Retrieval of DDA land and Forest land is the priority task set by the Monitoring Committee." REPORT NO.111 68. In Report No.111 dated 7.2.2018 concernin....
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....tion. REPORT NO.125 76. Report No.125 dated 31.7.2018 is concerning the constitution of the Special Task Force. It was pointed out that there was "non­cooperation" by the "Special Task Force". Details were mentioned about sealing action at Amar Colony, Lajpat Nagar, where the "tenements" built by the Government for residential purposes only were allotted to refugees in various colonies in Delhi on a lease basis. Most of them were used for "commercial activities by raising unauthorized construction" on the Government and common land. Details about the roads were also given. REPORT NO.127 77. Report No.127 dated 20.8.2018 was again concerning illegal/ unauthorized construction. With respect to "Burari Area" (North MCD) the report was submitted that the area was vandalized and huge unauthorized construction has come up. Concerning "Vishwas Nagar" (EDMC), report was relating to "residential premises being used as Go­downs" and storing places for "prohibited industries,". In Kishangarh area at South Zone, large scale unauthorized construction was reported on DDA land by way of encroachment. Similarly, the encroachment on DDA land at Karkardooma Metro Station was pointed ou....
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....cted on public and acquired land. 84. The order dated 7.5.2019 was pointed out time and again by the learned counsel for the parties. On 7.5.219 this Court directed the Monitoring Committee as under: "Heard Mr. Ranjit Kumar, learned senior counsel and Amicus Curiae, and the learned senior counsel appearing on both the sides. I.A.No. 61593/2019 and 61594/2019 A question has been raised whether the Committee has the jurisdiction to decide about the premises which have been erected for residential purposes only and are not being used for commercial purposes and the buildings have not been erected and used for industrial purposes. Question is also raised whether the Committee has been empowered to take care of unauthorised construction, when they are purely for residential purpose. We request the Committee to send its opinion whether in the past, it has exercised its power and jurisdiction where the premises are only constructed and are used as residential one and there is an allegation of raising unauthorised construction or some deviation has been made in the existing structure. We request the Committee to furnish its considered opinion in this regard before this Court. ***....
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....he Monitoring Committee should also look into the matter of "encroachment on the public land" and "unauthorized colonies" that have come up on the public land and were wholly unauthorized without sanction. At no point in time, this Court had empowered the Monitoring Committee to act vis­à­vis to the purely residential premises. 86. The power of sealing of property carries civil consequences. A person can be deprived of the property by following a procedure in accordance with law. The Monitoring Committee is not authorized to take action concerning the residential premises situated on the private land. If there is unauthorized construction or in case of deviation, the requisite provisions are under the DMC Act, such as sections 343, 345, 347(A), 347(B). The mode of action and adjudication under the Act is provided including appellate provisions and that of the Tribunal. It would not be appropriate to the Monitoring Committee to usurp statutory powers and act beyond authority conferred upon it by the Court. The Monitoring Committee could not have sealed the residential premises, which were not misused for the commercial purpose as done vide Report No.149, nor it could....
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.... It indisputably is still in force. Whether the amendments to the said comprehensive development plan as proposed by the Authority would ultimately be accepted by the State or not is uncertain. It is yet to apply its mind. Amendments to a development plan must conform to the provisions of the Act. As noticed hereinbefore, the State has called for objection from the citizens. Ecological balance no doubt is required to be maintained and the courts while interpreting a statute should bestow serious consideration in this behalf, but ecological aspects, it is trite, are ordinarily a part of the town planning legislation. If in the legislation itself or in the statute governing the field, ecological aspects have not been taken into consideration keeping in view the future need, the State and the Authority must take the blame therefor. We must assume that these aspects of the matter were taken into consideration by the Authority and the State. But the rights of the parties cannot be intermeddled with so long as an appropriate amendment in the legislation is not brought into force. * * * 15. The law in this behalf is explicit. Right of a person to construct residential houses in the r....
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....iatory legislation and followed the case of Hindustan Petroleum Corpn. v. Darius Shapur Chenai [(2005) 7 SCC 627] Therefore, it should be construed strictly. The Court has also taken the view that even in cases of directory requirements, substantial compliance with such provision would be necessary." (emphasis supplied) (g) In Ramchandra Ravindra Waghmare v. Indore Municipal Corporation, (2017) 1 SCC 667, it was opined: "67. It was also submitted that town planning and municipal institutes are regulating and restricting the use of private property under the aforesaid Acts. They are "expropriatory legislation". Thus they are liable to be construed strictly as laid down in Indore Vikas Pradhikaran v. Pure Industrial Coke & Chemicals Ltd. [Indore Vikas Pradhikaran v. Pure Industrial Coke & Chemicals Ltd. & Ors.(2007) 8 SCC 705.] " (h) In Chairman, Indore Vikas Pradhikaran v. Pure Industrial Coke & Chemicals Ltd. & Ors., (2007) 8 SCC 705, it was held: " 57. The Act being regulatory in nature as by reason thereof the right of an owner of property to use and develop stands restricted, requires strict construction. An owner of land ordinarily would be entitled to use or develop t....
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....x months of the service of notice under Section 127 or steps are not commenced for acquisition, reservation of the land will be deemed to have lapsed. Shri Naphade's interpretation of the scheme of Sections 126 and 127, if accepted, will lead to absurd results and the landowners will be deprived of their right to use the property for an indefinite period without being paid compensation. That would tantamount to depriving the citizens of their property without the sanction of law and would result in violation of Article 300-A of the Constitution." (emphasis supplied) 88. It is quite apparent that particularly when the Monitoring Committee is not empowered to take action, the incumbents could not have been deprived of the due process of protection in accordance with law. As against the action of the Monitoring Committee, no appeal lies elsewhere. Even High Court is not authorized to entertain any matter and scrutinize its action, such is the drastic step taken by this Court by way of an exceptional measure in public interest, and it is confined to the misuse of residential property for commercial purpose and encroachments and unauthorized construction on the public land, roads. 8....