(Madan B. Lokur, Mohan M. Shantanagoudar and S. Abdul Nazeer, JJ.)
M.C. Mehta _____________________________________ Petitioner;
v.
Union of India and Others _________________________ Respondent(s).
Writ Petition(s) (Civil) No(s). 4677/1985, decided on November 1, 2018
(In Re.: Sealing Issue)
(1) Only Issue of Advance Notice Before Sealing in Report No. 128 Submitted by Monitoring Committee (2) Report No. 133 Submitted by Monitoring Committee
Writ Petition(s) (Civil) No(s). 4677/1985
The Order of the court was delivered by
Order
REPORT NO. 128 SUBMITTED BY MONITORING COMMITTEE (ISSUE OF ADVANCE NOTICE BEFORE SEALING)
1. It seems that subsequent to the orders passed by this Court in Report No. 128, there does not seem to be any agreement between learned amicus curiae and the Union of India despite our giving time to them to arrive at some agreed solution for giving advance notice before sealing premises for mis-user.
2. In view of the above, learned amicus curiae suggests the following by way of recommendation for sealing of premises that are being mis-used. The proposal is to the following effect:
1. The concerned municipal authorities, accompanied if necessary, by the representatives of the Monitoring Committee, will visit the premises which are allegedly being misused for unauthorized activity. The team will videograph the unauthorized activity in the presence of the persons who are misusing the premises for unauthorized activity.
2. It will be put to the persons who are misusing the premises for unauthorized activity to produce the permission or the licence to carry out that unauthorized activity. In the event, such a permission or licence is produced the matter closes then and there.
3. In the event, the persons are unable to produce any permission or licence, he or she will be given 48 hours’ to produce the permission or licence.
3. At the end of those 48 hours, the team which had videographed the unauthorized use or mis-use will visit the premises again and if the persons concerned are in a position to produce the licence or permission, the matter ends then and there.
4. However, in the event the persons are unable to produce any permission or licence, the premises will be sealed due to the unauthorized mis-use. However, further, if the person or person Incharge gives an undertaking which will be video recorded that the mis-use will be stopped, then 48 hours’ time will be given for stopping the mis-use and an affidavit will be filed before the concerned authority in terms of this Court’s order dated 24.03.2006 [M.C. Mehta v. Union of India1] to the effect that the unauthorized activity will not be started or some other unauthorized activity will not be started.
5. In other words, the entire process of stoppage of unauthorized mis-user will be completed within 48 hours in some circumstances and on the outside within 96 hours.
6. Learned amicus curiae points out that laxity in sealing is giving an opportunity to misusers to clean up their act.
7. Learned Additional Solicitor General appearing for the Union of India says that he would like to take instructions in this regard.
8. Learned Additional Solicitor General appearing for the Delhi Development Authority also says that he would like to take instructions in this regard.
9. List the matter tomorrow (02.11.2018).
REPORT NO. 133 SUBMITTED BY MONITORING COMMITTEE
10. List the report tomorrow (02.11.2018).
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1 (2006) 3 SCC 429
