W.P. (C) No.4677 of 1985                                                                                                  Page 1 of 24    

REPORTABLE  

IN THE SUPREME COURT OF INDIA  

CIVIL ORIGINAL JURISDICTION  

I.A. NOS. 93010 AND 93007/2017  

IN  

WRIT PETITION (C) NO. 4677 OF 1985  

M.C. Mehta         ... Petitioner   

Versus  

Union of India & Ors.                  ... Respondents  

IN RE: VISHVJYOTI OVERSEAS (P) LTD. & ORS. ..Applicants  

J U D G M E N T  

Madan B. Lokur, J.  

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

            W.P. (C) No.4677 of 1985                                                                                                  Page 2 of 24    

leading up to these applications has given cause to reflect and decide on  

some of these issues keeping our constitutional obligations in mind.      

Decision of 7 th

May, 2004  

2. Way back in the 1990s it was brought to the notice of this Court  

that a variety of illegal activities were being carried on in the capital city  

of Delhi with reference to industries established in residential or non-

conforming areas as well as misuse of residential premises for other  

commercial purposes. On an application having been moved, this Court  

realized that those in authority and power were not at all keen to take  

steps to remove hazardous and noxious industries and heavy and large  

industries out of Delhi, prohibit or prevent the continuing illegalities or  

even otherwise stop the misuse of residential premises for a commercial  

purpose. Since the attitude of the powers that be raised an issue of mis-

governance or non-governance affecting the well-being of the citizens of  

Delhi, this Court felt that it could no longer be a mute spectator to the  

whims and fancies of those in power and authority. It was also felt that it  

would be necessary to direct those in authority and power to implement  

the law for the sake of the citizens of Delhi. This Court faced a situation  

where there was little or no support to the rule of law by the concerned  

officials and today the citizens of Delhi are faced with and are witnessing,  

among other issues, outrageous levels of pollution in Delhi entirely due to

            W.P. (C) No.4677 of 1985                                                                                                  Page 3 of 24    

the lack of concern for the rule of law – the citizens of Delhi are paying a  

heavy price with hopelessly polluted air to breathe and consequent  

damage to their lungs, respiratory problems and possible damage to the  

brain of infants and children.  

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 residential areas for industrial purposes and later,  

the misuse of residential premises for other commercial activities. For the  

present, we are concerned with the misuse of residential premises for  

other commercial activities. These issues first arose when preliminary  

orders were passed by this Court on his application on 30 th  September,  

2002 and 19 th

August, 2003. Thereafter, this Court addressed the issue of  

residential areas being used for industrial purposes by a judgment and  

order dated 7 th

May, 2004 in M.C. Mehta v. Union of India. 1     

4. A reading of the judgment and order dated 7 th

May, 2004 makes it  

apparent that this Court expected all those concerned with governance of  

Delhi to adhere to the rule of law and ensure its implementation.  

Unfortunately, this Court was anguished by events that demonstrated that  

the trust reposed was belied in terms of action for implementation of the  

law and that industrial activity continued in areas despite the Master Plan                                                              1  (2004) 6 SCC 588

            W.P. (C) No.4677 of 1985                                                                                                  Page 4 of 24    

for Delhi, meaning thereby that impermissible industrial activity  

continued in residential areas in Delhi.  

5. This Court also noted that no dispute was raised by the  

Government of India or the Delhi Government or by any statutory  

authority that unauthorised and illegal industrial activity had commenced  

and continued in Delhi in blatant breach of the provisions of the Master  

Plan and no action, or ineffective action, had been taken by the concerned  

authorities. Rather than put their respective houses in order, it was noted  

that a blame game had begun with the responsibility of taking action  

being shifted with each authority blaming one another - be it the  

Government of India or the Delhi Government or the statutory  

authorities. Tragically, the situation continues even today and those who  

are suffering are the citizens of Delhi, the sufferance being not only  

confined to breathing hazardous and noxious air but also the health of  

thousands of people including children and infants residing in Delhi. In  

other words, the consequences of the failure to implement the rule of law  

in Delhi were having a generational impact, which cannot be anything but  

disastrous.  

6. This Court noted that according to the Delhi Government it is not  

the function of the State Government to implement the Master Plan.  

According to the Government of India it is not the implementing agency

            W.P. (C) No.4677 of 1985                                                                                                  Page 5 of 24    

and this Court noted that the Government of India had taken a somersault  

in this regard. According to other statutory authorities in Delhi, they too  

avoided shouldering any responsibility for inaction. Each of these  

authorities of the State was shifting their stands, as convenient, without  

any regard for statutory provisions and in blatant breach of the rule of  

law. This Court darkly hinted that in all this there was connivance with  

industry for extraneous considerations.  

7. Accordingly, this Court felt it appropriate to appoint a Monitoring  

Committee to oversee and ensure compliance with the directions given by  

this Court in its decision of 7 th

May, 2004 with regard to industrial  

activity in residential or non-conforming areas in Delhi.  

Decision of 16 th

February, 2006  

8. In a subsequent decision dated 16 th  February, 2006 in M.C. Mehta  

v. Union of India 2  this Court again noted flagrant violations of various  

laws including municipal laws, the Master Plan and other plans besides  

environmental laws that had been engaging the attention of this Court for  

several years. It was noted that several orders were passed from time to  

time only to secure implementation of the laws and to protect the  

fundamental rights of citizens since it was the constitutional duty of this  

Court.  

                                                           2  (2006) 3 SCC 399  

            W.P. (C) No.4677 of 1985                                                                                                  Page 6 of 24    

9. This Court also considered an extremely pertinent issue: what  

would happen when those entrusted by law to protect the rights of the  

citizens are themselves violators and/or abettors of the violations? The  

difficult task faced in such a situation was noted where, as a part of its  

constitutional duty, this Court is required to preserve the rule of law so  

that people may not lose faith in it and also point out violations of the rule  

of law by those who are supposed to implement the law. It was observed  

that the issue is not one of an absence of law but of its implementation.   

10. Having passed orders on 7 th  May, 2004 relating to unauthorized  

industrial activity in Delhi and being compelled to set up a Monitoring  

Committee, this Court focused its attention on yet another problem facing  

the citizens of Delhi, namely, that of misuse of residential premises for  

commercial purposes. In the decision dated 16 th   February, 2006 in M.C.  

Mehta, this Court noted in paragraph 53 of the Report that it cannot  

remain a mute spectator when violations of the law affect the  

environment and the healthy living of those who abide by the law. It was  

stated, and the pain and anguish of this Court is quite apparent:  

“Despite its difficulty, this Court cannot remain a mute spectator  

when the violations also affect the environment and healthy  

living of law-abiders. 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 at one point of time  

because of its extensive nature, then it has to be stopped in a  

phased manner, beginning with major violators. There has to be  

a will to do it. We have hereinbefore noted in brief the orders

            W.P. (C) No.4677 of 1985                                                                                                  Page 7 of 24    

made in the last so many years but it seems the same has had no  

effect on the authorities. The things cannot be permitted to go on  

in this manner forever. On one hand, various laws are enacted,  

master plans are prepared by expert planners, provision is made  

in the plans also to tackle the problem of existing unauthorised  

constructions and misusers and, on the other hand, such illegal  

activities go on unabated openly under the gaze of everyone,  

without having any respect and regard for law and other citizens.”  

[Emphasis supplied by us].  

11. This Court observed that if the laws are not enforced and orders of  

the Courts to implement the laws are ignored, the result can only be total  

lawlessness. In the decision rendered on 16 th  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 responsible for this state of  

affairs. Such blatant misuse of properties at large-scale cannot  

take place without connivance of the officers concerned. It is

            W.P. (C) No.4677 of 1985                                                                                                  Page 8 of 24    

also a source of corruption. Therefore, action is also  

necessary to check corruption, nepotism and total apathy  

towards the rights of the citizens. Those who own the  

properties that are misused have also implied responsibility  

towards the hardship, inconvenience, suffering caused to the  

residents of the locality and injuries to third parties. It is,  

therefore, not only the question of stopping the misuser but also  

making the owners at default accountable for the injuries caused  

to others. Similar would also be the accountability of errant  

officers as well since, prima facie, such large-scale misuser, in  

violation of laws, cannot take place without the active  

connivance of the officers. It would be for the officers to show  

what effective steps were taken to stop the misuser.” [Emphasis  

supplied by us].  

12. In view of the above, this Court directed the Delhi Municipal  

Corporation (for short the MCD) to give wide publicity in leading  

newspapers of the requirement that those misusing their residential  

premises for commercial purposes should cease the misuse on their own.  

It was also directed that 30 days after the issuance of the public notices,  

and if the misuse is not stopped, the process of sealing the premises  

would start. The period of 30 days expired on or about 29 th

March, 2006.  

13. Unfortunately, issuance of the public notices had no impact either  

on those violating the law or on those expected to implement the rule of  

law. Perhaps, as observed by this Court, the reason was connivance,  

corruption, nepotism and total apathy towards the rights of the citizens of  

Delhi - who are today facing the brunt of the decades of illegalities  

having been committed.  

            W.P. (C) No.4677 of 1985                                                                                                  Page 9 of 24    

Decision of 24 th

March, 2006  

14. Faced with this situation, in its decision of 24 th  March, 2006 in  

M.C. Mehta v. Union of India  3  this Court observed that the MCD had  

issued appropriate notices but, to oversee the implementation of the law  

regarding residential premises used for commercial (non-industrial)  

purposes, it would be appropriate to seal offending premises. Therefore,  

rather than leave any discretion to the officers of the MCD (for obvious  

reasons) a Monitoring Committee was appointed consisting of Mr K.J.  

Rao, Former Advisor to the Election Commissioner, 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.   

15. As a part of its mandate, the Monitoring Committee was to begin  

the process of sealing with effect from 29 th

March, 2006. Some of those  

who were misusing the premises requested for reasonable time to make  

alternative arrangements. This Court directed that they should cease the  

misuse on or before 30 th  April, 2006 while giving an undertaking to this  

Court that misuse would be stopped. Some others were given time till 30 th    

June, 2006 subject to their filing an affidavit stating that the misuse  

would be stopped on or before 30 th  June, 2006 and no further extension  

                                                           3  (2006) 3 SCC 429

            W.P. (C) No.4677 of 1985                                                                                                  Page 10 of 24    

would be sought. They were also required to give an undertaking to the  

effect that if the misuse was not stopped by 30 th

June, 2006 they would be  

subject to perjury and contempt of Court. To ensure compliance of the  

orders of sealing, it was made clear that the sealing process would  

continue notwithstanding any order passed by any Court and the Delhi  

Police was directed to extend full support for carrying out the sealing  

activity.  

Delhi Laws (Special Provisions) Act, 2006 and interim stay  

16. To get over the orders passed by this Court, which were apparently  

uncomfortable to the powers that be, the Delhi Development Authority  

(DDA) modified the Master Plan for Delhi on 28 th

March, 2006 insofar as  

the chapter on mixed land use is concerned. Soon thereafter, perhaps by a  

coincidence, the Government of India moved I.A. 1931 in this Court  

praying that the local bodies in Delhi be directed to complete the exercise  

of identification of mixed use of roads/streets in residential areas within a  

period of six months. As a result of this application and with a view to  

grant relief, on a temporary basis, in respect of some areas, this Court  

permitted the Government of India, on 28 th  April, 2006 to place detailed  

facts before the Monitoring Committee. The necessary facts were placed  

by the Government of India before the Monitoring Committee, who heard  

all concerned including the Government of India and submitted a report

            W.P. (C) No.4677 of 1985                                                                                                  Page 11 of 24    

on 4 th

May, 2006. When the application filed by the Government of India  

came up for consideration before this Court along with the report of the  

Monitoring Committee on 11 th  May, 2006 the Government of India  

withdrew its application.  

17. Why this turnaround? A Bill was pending or perhaps introduced in  

Parliament which mandated, inter alia, a moratorium on all adverse  

action in respect of unauthorized development, notwithstanding any  

judgment, decree or order of any Court, by providing for a status quo  

with effect from 1 st  January, 2006. The Bill was intended to be a  

temporary measure for one year but has since been re-enacted in some  

form or another and is now operative till 31 st  December, 2017. Section 3  

of the Bill (as finally enacted) provided as above and it reads as follows:  

3. (1) Notwithstanding anything contained in any relevant law or  

any rules, regulations or bye-laws made thereunder, the Central  

Government shall within a period of one year of the coming into  

effect of this Act, take all possible measures to finalise norms,  

policy guidelines and feasible strategies to deal with the problem  

of unauthorised development with regard to the under-mentioned  

categories, namely:-  

   (a) mixed land use not conforming to the Master Plan;  

(b) construction beyond sanctioned plans; and  

(c)  encroachment by slum and Jhuggi-Jhompri  

dwellers and hawkers and street vendors,  

so that the development of Delhi takes place in a sustainable and  

planned manner.  

(2) Subject to the provisions contained in sub-section (1) and  

notwithstanding any judgment, decree or order of any court,  

status quo as on the 1 st  day of January, 2006 shall be maintained  

in respect of the categories of unauthorised development  

mentioned in sub-section (1).  

            W.P. (C) No.4677 of 1985                                                                                                  Page 12 of 24    

(3) All notices issued by any local authority for initiating  

action against the categories of unauthorised development  

referred to in sub-section (1), shall be deemed to have been  

suspended and no punitive action shall be taken during the said  

period of one year.  

(4) Notwithstanding any other provision contained in this Act,  

the Central Government may, at any time before the expiry of  

one year, withdraw the exemption by notification in the Official  

Gazette in respect of one or more of the categories of  

unauthorised development mentioned in sub-section (2) or sub-

section (3), as the case may be.  

„Unauthorized development‟ was defined in Section 2(1)(i) of the Bill (as  

finally enacted) in the following words:  

(i) “unauthorised development” means use of land or use of  building or construction of building carried out in contravention  

of the sanctioned plans or without obtaining the sanction of plans,  

or in contravention of the land use as permitted under the Master  

Plan or Zonal Plan or layout plan, as the case may be, and  

includes encroachment.  

18. On 12 th

May, 2006 the Delhi Laws (Special Provisions) Bill, 2006  

was passed by the Lok Sabha and it was passed on 15 th

May, 2006 by the  

Rajya Sabha. The Bill received the assent of the President on 19 th  May,  

2006 and was notified on the same day. The statute is hereafter referred to  

as the Act.  

19. The very next day, on 20 th  May, 2006 the Government of India  

issued a notification placing a moratorium in respect of all notices issued  

by the local authorities and directing them to give effect to the provisions

            W.P. (C) No.4677 of 1985                                                                                                  Page 13 of 24    

of the Act instead, which virtually restored the status quo ante. The  

following was notified:  

(1) The premises sealed by any local authority in pursuance of  a judgment, order or decree of any court after the 1st day of  

January, 2006 shall be eligible to be restored, for a period of one  

year, with effect from the 19th day of May, 2006 to the position  

as was obtaining as on the 1st day of January, 2006.  

(2) All commercial establishments which are required to cease  carrying out commercial activities at their premises by the 30th  

day of June, 2006 may continue such activities, as they were  

being carried out on the 1st day of January, 2006 for a period of  

one year, with effect from the 19th day of May, 2006.  

20. However, by the time the Act was enacted and the notification of  

20 th  May, 2006 issued, quite shockingly 40,814 affidavits had been  

received by the Monitoring Committee. In these affidavits, it was stated  

that the misuse would be stopped by 30 th  June, 2006. In addition, 5006  

commercial establishments had been sealed by that time. This gives an  

indication of the magnitude of misuse of residential premises for  

commercial purposes in Delhi.  

21. Feeling aggrieved by the statutory protection given to violators and  

breakers of the law, quite a few public spirited persons challenged the  

provisions of the Act as being unconstitutional. A challenge was also  

made to the notification dated 20 th  May, 2006. Among the petitioners was  

Mr. P.K. Dave a former Lt. Governor of Delhi. A request was made by  

the petitioners for a stay of the operation of the Act and the notification  

dated 20 th

May, 2006. The request for interim orders was considered by

            W.P. (C) No.4677 of 1985                                                                                                  Page 14 of 24    

this Court in Delhi Pradesh Citizens Council v. Union of India 4  on 10

th   

August, 2006. On that date this Court did not accept the plea for a  

complete stay of the impugned legislation but it stayed the two directions  

mentioned above as contained in the notification dated 20 th   May, 2006.  

This Court was of opinion that these directions amount to overruling the  

orders and directions issued by this Court and action taken as a  

consequence of the orders and directions. This Court clarified that the  

order of stay would mean that the 5006 sealed premises (if de-sealed)  

would have to be re-sealed. It also meant that the undertakings given to  

cease the misuse by 30 th  June, 2006 would revive. However, considering  

the events that had taken place as well as the report of the Monitoring  

Committee, time to stop misuse and comply with the undertaking given in  

respect of 40,814 commercial establishments was extended till 15 th   

September, 2006.  

Decision of 29 th

September, 2006  

22. As is quite evident, the authorities had commenced a cat and  

mouse game with this Court perhaps to protect the vested interests of  

those having little or no respect for the rule of law. As a part of the game,  

the DDA had earlier issued public notices on 21 st  July, 2006 for  

amendment of the Master Plan inviting objections to the proposed  

modifications. Soon thereafter public hearings were conducted and on 5 th   

                                                           4  (2006) 6 SCC 305  

            W.P. (C) No.4677 of 1985                                                                                                  Page 15 of 24    

September, 2006 the DDA recommended an amendment of the Master  

Plan. The Master Plan was accordingly amended and on 7 th

September,  

2006 and 15 th  September 2006 about 2002 patches/streets were notified  

for mixed use.   

23. The question that then arose for consideration of this Court was  

whether the stay granted on 10 th

August, 2006 ought to be modified and  

whether the notification dated 7 th  September, 2006 ought to be stayed.  

This Court considered this question in its decision of 29 th  September,  

2006 in M.C. Mehta v. Union of India 5  and noted that the authorities  

were now exercising judicial functions - and virtually overruling orders of  

the Supreme Court of India. Accordingly, a partial stay was granted and it  

was held in paragraph 20 of the Report:  

“There cannot be any doubt that the legislature would lack  

competence to extend the time granted by this Court in the  

purported exercise of law-making power. That would be  

virtually exercising judicial functions. Such functions do not  

vest in the legislature. In fact, those who gave undertakings are  

already in breach of the undertakings by not stopping misuser by  

30-6-2006. The dignity and authority of the Court has to be  

protected not for any individual but for maintenance of the  

rule of law. The fact that those who gave undertakings may have  

been misled in view of the subsequent development can only be a  

mitigating factor while considering the action to be taken for  

breach of the undertakings. Further, there are no equities in  

favour of those who gave undertakings to this Court and obtained  

the benefit of time, otherwise their premises could have been  

sealed on 29-3-2006 or soon thereafter. The nature of trade  

conducted by most of them who gave undertakings has been  

noted above. There is serious challenge to the validity of the Act  

and the notification. Pending determination thereof, such persons  

                                                           5  (2006) 7 SCC 456

            W.P. (C) No.4677 of 1985                                                                                                  Page 16 of 24    

cannot be allowed to claim any benefit of the notification.”  

[Emphasis supplied by us].  

It may be mentioned en passant that in addition to Mr. P.K. Dave,  

a former Lt. Governor of Delhi, Mr. Omesh Sehgal a former Chief  

Secretary of Delhi was also a petitioner before this Court and he  

described the hearings given by the DDA as a farce since a decision had  

already been taken to amend the Master Plan even before inviting  

objections. This is recorded in paragraph 14 of the Report.  

24. In the above background this Court passed the following directions  

on 29 th

September, 2006:  

(i) Re: Premises relating to which undertakings were given  

The commercial activities by those who gave undertakings deserve to be  

stopped forthwith. Having regard, however, to the plea of forthcoming  

major festivals, we permit those who gave undertakings to stop misuser  

on or before 31-10-2006.  

(ii) xxx xxx xxx  

(iii) Re: Other premises for which protection is extended by the  

Notification dated 7-9-2006  

Regarding the remaining premises which may be covered by the  

Notification dated 7-9-2006 read with 15-9-2006 we direct that the said  

premises may not be sealed pending decision of these petitions on  

undertakings being filed before the Monitoring Committee on or before  

10-11-2006 that misuser shall be stopped as per the directions of this  

Court if the Act is invalidated and/or the Notification is quashed. ........  

(iv) Re: Premises for which protection is not extended by the  

Notification dated 7-9-2006  

In respect of the remaining premises not covered by the Notifications  

dated 7-9-2006 and 15-9-2006, the sealing process will continue in  

terms of the order dated 16-2-2006 and 10-8-2006.......”  

            W.P. (C) No.4677 of 1985                                                                                                  Page 17 of 24    

25. In addition to the above, so that the cat and mouse game does not  

escalate, this Court restrained the respondents (Government of India and  

other authorities) from issuing any other notification for conversion of  

residential premises to commercial use, except with the leave of this  

Court.  

I.A. Nos. 93007 and 93010  

26. In this background, we are required to consider I.A. No. 93007 and  

93010 filed by the applicants (Vishvjyoti Overseas (P) Ltd., Gitanjali  

Overseas (P) Ltd., Sumangal Promoters (P) Ltd. and Lakshya  

Construction (P) Ltd.). They had leased out their property that is 5  

Sikandra Road, New Delhi to Infinity Knowledge Systems by a lease  

deed dated 27 th  December, 2006. Although the subject property was in a  

residential area, the lease was for commercial purposes thereby indicating  

the impunity with which orders passed by this Court were flouted by  

those who wanted to do so and the nature of protection enjoyed by them.  

27. In any event, when violation of the orders of this Court came to the  

knowledge of the Monitoring Committee, the subject property was sealed  

on 12 th

October, 2007. Apparently feeling aggrieved by the sealing of the  

subject property, Infinity Knowledge Systems moved I.A. Nos. 2195-96  

(where it is also described as Infinity Business School) in this Court for  

de-sealing it. On a report having been received from the Monitoring

            W.P. (C) No.4677 of 1985                                                                                                  Page 18 of 24    

Committee (Report No. 46 dated 12 th  November, 2007) this Court passed  

an order on 13 th  November, 2007 permitting Infinity Knowledge Systems  

to continue in the subject property till 30 th  June, 2008 subject to deposit  

of conversion charges for the years 2006-2007 and 2007-2008 or from the  

date of occupation of the subject property whichever is later as penalty  

for misuse. Infinity Knowledge Systems was also required to file an  

undertaking that it would deposit the required charges.  

28. On 15 th

November, 2007 an undertaking was filed by the Managing  

Director of Infinity Knowledge Systems and on 11 th

December, 2007  

Infinity Knowledge Systems was permitted to use the premises till 30 th   

June, 2008 subject to payment of conversion charges. There is no dispute  

that conversion charges were paid by Infinity Knowledge Systems and  

the subject property was de-sealed on 14 th  January, 2008. Thereafter in  

view of the undertaking to stop misuse of the subject property, it was re-

sealed on 1 st  July, 2008 and we are told that Infinity Knowledge Systems  

has vacated the subject property. Since then the subject property is said to  

be lying sealed.  

Decision of 30 th

April, 2013  

29. On 30 th  April, 2013 this Court passed a significant judgment and  

order in M.C. Mehta v. Union of India. 6  This decision related to the  

                                                           6  (2013) 16 SCC 336

            W.P. (C) No.4677 of 1985                                                                                                  Page 19 of 24    

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 3 rd

January, 2012 in  

M.C. Mehta v. Union of India 7  to the following effect would continue:   

“Till the matter is heard by the Court, the Monitoring Committee  

shall not order further sealing of the premises which are under its  

scrutiny. We also direct that no construction, temporary or  

permanent, shall be made on the premises which have been the  

subject-matter of scrutiny of the Monitoring Committee and no  

order shall be passed by the Government or any authority  

regularising such construction or sanction the change of user.”  

30. With the above orders, this Court disposed of all the pending writ  

petitions on the challenge to the Delhi Laws (Special Provisions) Act,  

2006 and subsequent legislations on the same subject.   

31. With regard to the sealing orders passed at the instance of the  

Monitoring Committee, it was directed, inter alia, that: (i) I.As filed in  

this Court for de-sealing the premises will be treated as statutory appeals  

and will stand transferred to the appropriate statutory Appellate Tribunal  

                                                           7  (2012) 11 SCC 759

            W.P. (C) No.4677 of 1985                                                                                                  Page 20 of 24    

for disposal. (ii) Where I.As or statutory appeals have not been filed, this  

Court granted 30 days time to file an appeal before the appropriate  

statutory Appellate Tribunal for disposal.   

32. Pursuant to the judgment and order dated 30 th  April, 2013 the  

subject applications have been filed for permission to appeal to the  

appropriate statutory Appellate Tribunal against the sealing order.  The  

applications were filed on or about 15 th  September, 2017 which is well  

beyond the 30 days grace period granted by this Court.   

33. It was submitted by learned counsel for the applicants that this  

Court has passed several orders permitting the institution of delayed  

appeals subject to payment of Rs.1,00,000/- towards costs. Therefore, the  

applicants may also be permitted to file an appeal which should be heard  

by the appropriate statutory Appellate Tribunal on merits. The applicants  

say that they have already deposited Rs.1,00,000/- in the Registry of this  

Court.   

34. It seems to us that the applicants are keen to utilise the premises in  

question for residential purposes, as stated in their application.  There is  

no apparent intention to utilise the premises in question for commercial  

purposes or for any purpose not permitted by law. That being the  

position, it would hardly serve any purpose if  the applicants are required  

to formally file an appeal before the Appellate Tribunal which is

            W.P. (C) No.4677 of 1985                                                                                                  Page 21 of 24    

apparently already dealing with a very large number of appeals.  It would,  

therefore, be in the fitness of things to de-seal the premises in question for  

residential purposes subject to certain conditions.    

Directions   

35. In our opinion, as far as Infinity Knowledge Systems is concerned  

the following conditions would meet the ends of justice and also provide  

a safeguard against possible misuse of residential premises for  

commercial (non-industrial) purposes:  

(1)  The applicants will file an affidavit before the Monitoring  Committee stating that they will use the premises in question  

only for residential purposes and for no other purpose  

whatsoever.  The applicants will identify the persons for whose  

residential use the premises in question are sought to be de-

sealed.  Any change will be notified to the Monitoring  

Committee.  

(2)   The affidavit filed by the applicants will state the name,  address and other particulars of the person who will be  

responsible for any misuse of the premises in question, that is, for  

use of the premises in question for any purpose other than  

residential.   

(3) The person identified as the person responsible in terms of  condition No.2 above will also file an affidavit clearly stating  

therein that he or she will ensure that the premises in question are  

used only for residential purposes and that in the event the  

premises in question are used for any purpose other than  

residential, the deponent would be liable for contempt of this  

Court.   

(4) The applicants will file with the Monitoring Committee  proof of payment of conversion charges to the statutory authority.  

(5) The affidavits will be filed before the Monitoring  Committee who may impose such other further conditions as may  

be appropriate.   

            W.P. (C) No.4677 of 1985                                                                                                  Page 22 of 24    

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 de-

sealed, 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  

12 th  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 it.  Any person who has already filed an appeal  

before the appropriate statutory Appellate Tribunal but would prefer  

approaching the Monitoring Committee may withdraw the appeal and  

approach the Monitoring Committee for relief on the above terms and  

conditions and on deposit of Rs. 1,00,000/- as costs with the Monitoring  

Committee, provided that the premises were sealed at the instance of the

            W.P. (C) No.4677 of 1985                                                                                                  Page 23 of 24    

Monitoring Committee. Any challenge to the decision of the Monitoring  

Committee will lie to this Court only. We are constrained and compelled  

to make this order given the history of the case and the more than serious  

observations of this Court of an apparent nexus between some entities  

and the observations regarding corruption and nepotism.   

38. We make it clear that this order will inure to the benefit of only  

those who are using residential premises for commercial purposes (non-

industrial) or for any other non-residential purpose and whose premises  

were sealed at the instance of the Monitoring Committee. This order will  

not at all inure for the benefit of anybody using residential premises for  

any industrial activity of any sort or nature whatsoever.   

39. With regard to the writ petitions that have been transferred to the  

Delhi High Court which challenge the Act and subsequent legislations,  

we find from a perusal of the website of the Delhi High Court that these  

petitions have not yet been heard, for one reason or another. We do not  

find any fault with the Delhi High Court. The intention of this Court in  

transferring the writ petitions to the Delhi High Court was for their  

expeditious disposal preferably within one year.  Almost four years have  

gone by in this exercise but without any decision.  Therefore, given the  

gravity of the situation as revealed from the Reports of the Monitoring  

Committee, we think it appropriate that this Court ought to hear the writ

            W.P. (C) No.4677 of 1985                                                                                                  Page 24 of 24    

petitions on an expeditious basis and, accordingly, withdraw the writ  

petitions that were transferred to the Delhi High Court to this Court. The  

Registry will place these writ petitions on receipt from the Delhi High  

Court for directions on 12 th

January, 2018.  

40. The decisions rendered by this Court, referred to above, indicate  

that Mr. Ranjit Kumar, Senior Advocate was assisting this Court as  

Amicus Curiae.  It appears that he was discharged. In our opinion, in  

view of the changed circumstances, it is again necessary to request Mr.  

Ranjit Kumar to continue to assist us in the matter. Accordingly we do so.    

41. The Monitoring Committee has done yeoman service to the  

citizens of Delhi and has prepared a very large number of reports.  We  

request the Monitoring Committee to set up a website and place all these  

reports, duly indexed, on the website so that they are available to the  

citizens of Delhi.   

………………………J  

       (Madan B. Lokur)   

……………………..J     

                  (Deepak Gupta)   

New Delhi;  

December 15, 2017