Town Planning

Delhi Laws (Special Provisions) Act, 2006

— Ss. 3 and 5 — Provision in, enabling restoration of status quo as on 1-1-2006 in respect of certain categories of unauthorised commercial use of residential premises, notwithstanding any judgment, order or decree of any court — Amendment of Master Plan by Notification dated 7-9-2006 — Constitutionality of the said provisions of the 2006 Act and the said notification — Impugned Act whether annulled the orders passed on 16-2-2006 [reported as M.C. Mehta case, (2006) 3 SCC 399] and order dated 10-8-2006 [reported as Delhi Pradesh Citizen Council case, (2006) 6 SCC 305] and therefore unconstitutional — Petitioners seeking stay of Notification dated 7-9-2006 whereas Government seeking, instead, modification of the order passed on 10-8-2006 [(2006) 6 SCC 305] — Extension of the time granted by Supreme Court for removal of misuse of premises, held, beyond the competence of legislature — Necessity to maintain the dignity of the Court pointed out — Those who had undertaken before the Supreme Court to stop misuser by the date specified, held, not entitled to the benefit of the impugned Act and the notification during the pendency of the question of the constitutionality thereof — Hence, directions to be followed in respect of different categories of premises during that period issued: (i) premises relating to which undertakings were given, permitted to stop misuser by 31-10-2006, (ii) small shops up to 20 sq. m. in residential areas allowed trading in 22 specified items, (iii) premises protected by the impugned notifications spared from being sealed pending the decision in the present cases provided an undertaking is filed by them before Monitoring Committee by 10-11-2006 to stop misuser in case the Act is annulled or the notification is quashed; undertaking also to confirm use of ground floor only where so prescribed, (iv) in respect of premises not protected by the impugned notification, sealing process directed to be continued albeit in a systematic manner as per directions of the Monitoring Committee; moreover, there should be no misuser of public land or public streets — Certain general directions also issued re small shops, functioning of Monitoring Committee, role of Govt., and use of residential premises by professionals, like lawyers, doctors, CAs & architects, (2006) 7 SCC 456-A

Constitution of India

— Arts. 245 & 246 and 32, 226 & 136, 141 — Law making power of legislature, held, does not extend to extend the time-limit granted by Supreme Court for stopping misuser of residential premises for commercial user, (2006) 7 SCC 456-B

Constitution of India

— Arts. 21, 48-A, 51-A(g) and 32 — Misuse of residential premises for commercial use in Delhi — Interim directions regarding + Town Planning — Land use — Misuser of land — Interim directions, (2006) 7 SCC 456-C