SC orders de-sealing of strictly residential properties in Delhi

New Delhi: The Supreme Court has declared that sealing of residential houses that have no commercial interests attached was not what the court had ordered for Delhi and that the Monitoring Committee it had set up had clearly exceeded its power by ordering the sealing of these strictly residential properties. 

The Court was dealing with 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”. “Whether the Monitoring Committee could have sealed these residential premises is the only question which we are examining in this order,” said the Court.

The court has ordered the de-sealing of these properties.

The properties had been sealed by the committee as alleged unauthorised constructions.

The bench of Justices Arun Mishra, B.R. Gavai, and Krishna Murari admitted that encroachment was a problem, but that was not an issue being dealt with here. The court made it clear that: “When we consider the various orders passed by this Court from time to time, before the constitution of the Monitoring Committee, we find that this Court at no point in time has empowered the Monitoring Committee to take action with respect to residential premises not used for commercial purpose.”

“We are not going into the merits of the other submissions, whether the premises are authorized or unauthorized, can be regularized or not, compounding can be done, or whether there is any deviation made. The report of the Monitoring Committee and findings recorded by it are of no use as it had no such authority to go into the various questions. This Court did not appoint the Monitoring Committee concerning each and every residential building on private land not misused for commercial purposes and to deal with the same. In the present matter, this Court itself is monitoring the matter for a limited public purpose. It has not taken away the powers of statutory authorities under the Act concerning other matters except specified in the order,” said the Court in its judgment.

The Court further held, “We quash Report No.149 and other reports submitted subsequently in connection with Report No.149 and entire action of sealing pursuant thereto. We also quash notices issued directing demolition where the matter was being heard by this Court and the Monitoring Committee had no power to look into the matter and to take any action. Let the property sealed as per Report No.149 be de­sealed, and possession be restored to the owners forthwith. Let this order be complied with within three days. However, we clarify that this order does not at all mean to belittle the yeomen service done by the Monitoring Committee for protection of Delhi. We also place on record our deep appreciation for the selfless service done by Shri Ranjit Kumar, Amicus Curiae, for the last 24 years, with unflinching hard work and dedication along with his team of other Amicus in the matter.”

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The issue being dealt with by the court here involves the environment of the capital and the moving out of city precincts of polluting and other industries that had encroached upon land in the Capital area. This PIL of 1985 also included illegal mining activities in the Aravali hills in and around Delhi, as well as the misuse of premises and construction without sanction.

Read the Judgment here;

-India Legal Bureau