Delhi Sealing Case: Supreme Court 2017 in M.C. Mehta Links Illegal Construction To
Air Pollution And Health Crisis. The Supreme Court in M.C. Mehta vs Union Of India on
15.12.2017 dealt with decades of unauthorized constructions and misuse of residential
premises for commercial purposes in Delhi. The Court traced history from 2002 and
held that failure to implement law has led to "outrageous levels of pollution" in Delhi.
The Court gave directions on de-sealing, Monitoring Committee, and withdrawal of writ
petitions from Delhi HC. This blog explains M.C. Mehta 15.12.2017 on urban
environment and rule of law.
Facts: 20 Years Of Illegalities In Delhi. The Supreme Court in M.C. Mehta vs UOI
para 1: "Invaders have pillaged Delhi for hundreds of years, but for last couple decades it
is being ravaged by its own citizens and officials" - referring to unauthorized
constructions and misuse of residential premises.The Supreme Court in M.C. Mehta vs
UOI para 2: Since 1990s, hazardous industries in residential areas + misuse for
commercial purposes. Authorities showed "mis-governance or non-governance". The
Supreme Court in M.C. Mehta vs UOI: Result: "outrageous levels of pollution...hopelessly
polluted air to breathe and consequent damage to lungs, respiratory problems and
possible damage to brain of infants".The Supreme Court in M.C. Mehta vs UOI para 5:
"Consequences of failure to implement rule of law...having generational impact".The
Supreme Court in M.C. Mehta vs UOI: Earlier orders: 30.09.2002, 19.08.2003,
07.05.2004 on industries, 16.02.2006 and 24.03.2006 on commercial misuse.
Monitoring Committee appointed with K.J. Rao, Bhure Lal, Maj Gen Som Jhingan.A
common issue: Blame game between Centre, Delhi Govt, MCD, DDA. No one taking
responsibility.
Rule Of Law Vs Commercial Misuse: Court's Anguish. The Supreme Court in M.C.
Mehta vs UOI para 10: "This Court cannot remain mute spectator when violations affect
environment and healthy living". The Supreme Court in M.C. Mehta vs UOI para 11:
"Blatant misuse...at large-scale cannot take place without connivance of officers".
Needed action for "corruption, nepotism and total apathy".The Supreme Court in M.C.
Mehta vs UOI: Directed MCD to issue public notices. After 30 days, start sealing. 5006
premises sealed. 40,814 affidavits filed promising to stop misuse by 30.06.2006.The
Supreme Court in M.C. Mehta vs UOI para 16-18: To override Court orders, Centre
enacted Delhi Laws (Special Provisions) Act, 2006 giving moratorium till 31.12.2017.
Status quo as on 01.01.2006. Court stayed notification dated 20.05.2006 on
10.08.2006.The Supreme Court in M.C. Mehta vs UOI para 23: "Legislature would lack
competence to extend time granted by this Court...That would be virtually exercising
judicial functions".
Directions Of 15.12.2017: Simplified De-Sealing ProcessThe Supreme Court in M.C.
Mehta vs UOI para 29-31: Earlier on 30.04.2013 Court transferred challenge to Delhi
Laws Act to Delhi HC and said Monitoring Committee shall not order further sealing.The
Supreme Court in M.C. Mehta vs UOI para 32-37: New procedure for premises sealed by
Monitoring Committee:No need to file appeal before Appellate Tribunal.Directly approach Monitoring Committee after depositing Rs. 1,00,000 costs.File affidavit: premises used only for residential purpose. Identify responsible person.Monitoring Committee can impose further conditions and order de-sealing.Challenge to Monitoring Committee decision lies only to Supreme Court.The Supreme Court in M.C. Mehta vs UOI: This applies only to commercial misuse, NOT industrial activity.The Supreme Court in M.C. Mehta vs UOI para 39: Withdraw writ petitions challenging Delhi Laws Act from Delhi HC to Supreme Court for expeditious hearing. Listed for 12.01.2018.The Supreme Court in M.C. Mehta vs UOI: Directed Monitoring Committee to set up website and upload all reports.
Conclusion
M.C. Mehta vs Union Of India 15.12.2017 is landmark on mc mehta vs union of india delhi sealing supreme court 2017. Supreme Court linked illegal construction to Delhi's air pollution crisis. Court held failure of rule of law caused health emergency. Court simplified de-sealing for residential use and kept strict monitoring. Court also took back challenge to Delhi Laws Act for early disposal. As the law stands, urban planning violations have direct environmental consequences. The Supreme Court’s ruling in M.C. Mehta continues to govern sealing and misuse in
Delhi.
