Judgement of the Supreme Court of India regarding sealing of residential premises on private land, Delhi, 14/08/2020

  • 14/08/2020

The Judgement of the Supreme Court of India in the matter of M. C. Mehta Vs Union of India & Others dated 14/08/2020.

The case related to the authority of the "Monitoring Committee to seal the residential premises on the private land” particularly when they are not being used for the “commercial purpose” in Delhi. Report No.149 dated April 2, 2019 submitted by the Monitoring Committee concerned specific unauthorized constructions allegedly carried out in the Vasant Kunj and Rajokari area. These constructions were not on public land. The respective persons owned the land.

A reply was filed on behalf of the residents that various residential premises were sealed where constructions were made long back. There was no authority with the Monitoring Committee to seal purely residential premises. It was pointed out that their structure was in consonance with the Master Plan (MPD­2021) within Low Density Residential Area (LDRA). It was submitted that the Monitoring Committee was not authorized to take action, and the residential premises should be de­sealed. It was further contended that it in a residential area, farmhouses were notified as Low­Density Residential Areas, and the premises were used as residential premises. They were in accord with MPD­2021. “Mehrauli” is an urbanized village.

The SC directed that the properties sealed as per Report No.149 be de­sealed, and possession be restored to the owners forthwith.