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Supreme Court of India 2020-08-14 partly_allowed

M.C. Mehta vs Union of India & Ors

Bench: 3 — Arun Mishra

In Brief

The Supreme Court examined whether the Monitoring Committee appointed in the M.C. Mehta environmental case could seal residential premises on private land used for residential purposes. The Court held that the Committee was appointed solely to address misuse of residential properties for commercial purposes and encroachments on public land, not to seal purely residential premises. Sealing residential property without authorization violates Article 300-A protections unless done by statutory procedure. The Court quashed Report No.149 and related sealing actions, ordered de-sealing of properties, and clarified that statutory remedies under the Delhi Municipal Corporation Act must be followed, not circumvented by the Monitoring Committee. The judgment reaffirms that expropriatory powers must be strictly construed and exercised only as authorized by law.

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Constitutional Law Administrative Law Urban Planning and Development Environmental Protection Property Rights Procedure and Due Process Delhi Municipal Corporation Act Delhi Development Act

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