The Supreme Court has held that its monitoring committee, set up in 2006 to identify unauthorised structures and check misuse of residential properties in Delhi, exceeded its power.
In a 70-page judgment, a three-judge Bench headed by Justice Arun Mishra said the committee had no authorisation to take action and seal private residential premises not used for commercial purposes in the Capital.
The Constitution mandates that a person can be deprived of property and right of residence only in the manner prescribed by law, the court noted.
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The Friday judgment was based on a challenge to a report submitted by the committee on the sealing of residential buildings in Vasant Kunj and Rajokari. It said the committee usurped statutory powers. It could also not have directed the demolition of these buildings.
“No doubt encroachment is a matter of concern, but the monitoring committee can act within the four corners of powers conferred upon it,” the court observed.
The court said past orders and documents pertaining to the committee show that the latter was set up to take action against unauthorised constructions and public encroachments. “It was never tasked by this court to take action against the residential premises that were not being used for commercial purposes. It was appointed only to check the misuse of residential properties for commercial purposes,” the court clarified. It ordered the premises to be de-sealed and returned to the owners within three days.
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The monitoring panel comprising K.J. Rao, former adviser to the Election Commissioner, Bhure Lal, chairman of Environment Pollution (Prevention and Control) Authority and Major General S.P. Jhingon (retd) was set up on March 24, 2006.