Case Note & Summary
The present application (I.A. No.203615 of 2024) was filed by an individual applicant seeking de-sealing of his commercial premises located at plot No.106, New Rajinder Nagar Market (LSC), New Delhi, admeasuring approximately 89 sq. yards. The applicant relied on a common order dated 18.12.2023 passed by a Judicial Committee appointed by the Supreme Court in the ongoing Public Interest Litigation (PIL) W.P.(C) No.4677 of 1985, which dealt with issues of environmental degradation and unauthorized commercial use in Delhi. The background of the litigation reveals that over time, various markets and neighbourhood shopping areas were developed by the Land and Development Office (L&DO), Delhi Development Authority (DDA), and Municipal Corporation of Delhi (MCD) with private participation. Based on the Master Plan for Delhi, 1962 (MPD-1962) and Building Bye-Laws, 1959 (as amended in 1964), occupiers of shop-cum-residences converted residential areas to commercial use, leading to show cause notices. The PIL was filed complaining of stifling environment and seeking decongestion measures. The MCD had challenged the same common order in I.A. No.32418 of 2024. The Court, after noting the history, allowed the present I.A. and directed de-sealing of the applicant's premises subject to compliance with the common order dated 18.12.2023.
Headnote
A) Environmental Law - De-sealing of Commercial Premises - Judicial Committee Order - The applicant sought de-sealing of his premises at plot No.106, New Rajinder Nagar Market, relying on a common order dated 18.12.2023 passed by a Judicial Committee appointed by the Supreme Court in a pending PIL. The Court allowed the application and directed de-sealing subject to compliance with the said common order. (Paras 1-2)
Issue of Consideration
Whether the applicant is entitled to de-sealing of his commercial premises at plot No.106, New Rajinder Nagar Market, based on the common order dated 18.12.2023 passed by the Judicial Committee appointed by this Court in W.P.(C) No.4677 of 1985.
Final Decision
The Supreme Court allowed the I.A. and directed de-sealing of the applicant's premises at plot No.106, New Rajinder Nagar Market, subject to compliance with the common order dated 18.12.2023 passed by the Judicial Committee.
Law Points
- De-sealing of commercial premises
- Judicial Committee order
- Compliance with common order
- MCD sealing
- Public Interest Litigation
