(Madan B. Lokur, S. Abdul Nazeer and Deepak Gupta, JJ.)
M.C. Mehta _______________________________________ Petitioner;
v.
Union of India and Others ________________________ Respondent(s).
Writ Petition(s) (Civil) No(s). 4677/1985, decided on October 3, 2018
In Re.: Sealing Issue
(1) Report No. 129 Submitted by Monitoring Committee (2) Issue of Forest Land and Water Bodies of Report No. 128 Submitted by Monitoring Committee (3) Status of Ground Water (4) IA No. 43487/2018 (Appln. For Directions on B/o Govt. of NCT of Delhi) Alongwith Report No. 123 Submitted by Montiroing Committee (5) IA Nos. 2069-2069A (Applns. For Directions) (6) IA No. 2180 (Appln. For Directions) (7) IA Nos. 2181-2182 (Applns. For Quashment of Ordinance Dt. 15.9.2007 and Impleadment) (8) IA No. 2256 (Appln. For Directions) (9) IA No. 2331 (Appln. For Challenging the Notifications Dt. 16.6.2008 and 12.8.2008) (10) IA No. 2441 (Appln. For Directions) (11) IA Nos. 109155 and 109158/2018 (Applns. For Impleadment and Directions on B/o Forum of MCD Engineers) With W.P.(C) No. 144/2009 (PIL-W) W.P.(C) No. 212/2008 (PIL-W) W.P.(C) No. 266/2006 (PIL-W) W.P.(C) No. 263/2006 (PIL-W) W.P.(C) No. 229/2008 (PIL-W) W.P.(C) No. 264/2006 (PIL-W) SLP(C) No. 10599/2007 (XIV) W.P.(C) No. 450/2006 (PIL-W) W.P.(C) No. 464/2006 (PIL-W) W.P.(C) No. 470/2006 (PIL-W) S.L.P.(C)…CC No. 14752-14753/2012 (XIV) W.P.(C) No. 569/2006 (PIL-W) W.P.(C) No. 563/2006 (PIL-W) W.P.(C) No. 610/2006 (PIL-W) Writ Petition(s) (Civil) No(s). 4677/1985; IA No. 43487/2018; IA Nos. 2069-2069; IA No. 2180; IA Nos. 2181-2182; IA No. 2256; IA No. 2331; IA No. 2441; IA Nos. 109155 and 109158/2018; W.P.(C) No. 144/2009 (PIL-W); W.P.(C) No. 212/2008 (PIL-W); W.P.(C) No. 266/2006 (PIL-W); W.P.(C) No. 263/2006 (PIL-W); W.P.(C) No. 229/2008 (PIL-W); W.P.(C) No. 264/2006 (PIL-W); SLP(C) No. 10599/2007 (XIV); W.P.(C) No. 450/2006 (PIL-W); W.P.(C) No. 464/2006 (PIL-W); W.P.(C) No. 470/2006 (PIL-W); S.L.P.(C)…CC No. 14752-14753/2012 (XIV); W.P.(C) No. 569/2006 (PIL-W); W.P.(C) No. 563/2006 (PIL-W); and W.P.(C) No. 610/2006 (PIL-W)
The Order of the court was delivered by
Order
REPORT NO. 129
1. The office report is that an affidavit has been filed by the alleged contemnor but it has not been served upon Mr. A.D.N. Rao and Ms. Anitha Shenoy (Amicus). It is further stated in the office report that no objection certificate has not been obtained from the erstwhile Advocate – Shri Ajay Kumar Singh.
2. List the matter on 12.10.2018.
3. In the meanwhile, copies of the affidavit should be served to Mr. A.D.N. Rao and Ms. Anitha Shenoy (Amicus) and no objection certificate from Shri Ajay Kumar Singh should be placed on record.
4. The alleged contemnor should be present in the Court on the next date of hearing.
REPORT NO. 128 (Issue of Forest Land and Water Bodies)
5. It is submitted by Mr. D.N. Goburdhan, learned counsel appearing on behalf of the Delhi Government that necessary affidavit will be filed within two weeks.
6. We make it clear that last opportunity is granted for filing the affidavit since time has been taken from 07.09.20181 onwards and no further time will be granted in this regard.
STATUS OF GROUND WATER
7. An affidavit has been filed by the Ministry of Water Resources, River Development and Ganga Rejuvenation.
8. The learned Amicus says that he would like to look into this.
9. List the matter on 29.10.2018.
IA NO. 43487/2018
10. In terms of order dated 07.09.20181, we had required the Municipal Corporations/Delhi Government to file a status report with regard to the survey of 279 streets carried out by the Municipal Corporation in the year 2007.
11. The office report is that affidavit has still not been filed.
12. Affidavit be filed within two weeks from today.
13. List the matter on 29.10.2018.
IA NO. 109158/2018
14. It is stated by learned counsel appearing on behalf of the applicant that he would like to file an additional affidavit.
15. He says that some premises were sealed by the Municipal Corporation but the seals were broken by some persons and complaints were lodged. He further says that in some cases the police has taken action whereas in some cases the police has not taken any action.
16. This is a rather unfortunate situation if the police does not take any action even though some persons take law into their own hands.
17. Learned counsel says that he would like to file an affidavit listing the cases in which the police has not taken any action.
18. The affidavit be filed within a week.
19. List the matter on 12.10.2018.
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1 M.C. Mehta v. Union of India, (2019) 12 SCC 427
