The Supreme Court declared that residential properties in Vasant Kunj and Rajokari areas of Delhi that were sealed for being unauthorized constructions should be returned to their owners.
The bench of Justices Arun Mishra, B R Gavai and Krishna Murari had on 14th August invalidated the 2019 order of a Monitoring Committee.
The committee in question was set up in 2006 only to identify properties that were deemed to be residential but were being used otherwise, hence illegal. Prior to the formation of the committee, a PIL was filed in 1985 regarding the environmental concerns for Delhi for multiple issues which included construction without sanction.
The bench declared the committee’s action as overstepping of powers vested with them. This was done after taking into consideration the Task force set up in 2018 and judgments passed by the court from time to time.
In addition to quashing the committee’s action, the court also noted that even the High Court did not have the power to do the same and such an act can be construed to be contrary to the rules laid down in Article 300.
MC Mehta v. UoI (De-sealing in Delhi)