A bench of Justices Arun Mishra, B R Gavai and Krishna Murari said: “This court did not appoint the monitoring committee (to see) each and every residential building on private land not misused for commercial purposes and to deal with the same.




The Supreme Court Friday ordered de-sealing of a residential premises that was sealed by the Monitoring Committee appointed by it for allegedly flouting norms, but not used for commercial purposes, stating that the committee “had no power to look into the matter and to take any action”.

Quashing report number 149 of the committee dated April 2, 2019, pertaining to alleged unauthorised construction in Vasant Kunj and Rajokri areas, a bench of Justices Arun Mishra, B R Gavai and Krishna Murari said: “This court did not appoint the monitoring committee (to see) 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 powers of statutory authorities under the Act concerning other matters, except specified in the order.”

The court added it was “not going into the merits of other submissions, whether the premises are authorised or unauthorised, can be regularised 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”.

“We quash Report 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”.

The bench directed that the order be complied within three days.

Source: Read Full Article