Never allowed sealing of residential premises not being used for commercial purposes: SC quashes sealing of residential properties in Delhi

The Supreme Court on Friday directed for de-sealing of residential properties in the Vasant Kunj and Rajokari areas of Delhi that were sealed for allegedly being unauthorized constructions..While doing so, the Bench of Justices Arun Mishra, BR Gavai, and Krishna Murari observed that while encroachment is a matter of concern, the Monitoring Committee set up by the Court was not empowered to take any action with respect to residential premises that were not being used for commercial purposes..The judgment states,."When we consider the various orders passed by this Court from time to time, before the constitution of the Monitoring Committee, we find that this Court at no point in time has empowered the Monitoring Committee to take action with respect to residential premises not used for commercial purpose.".The PIL in question dates back to 1985, when the Court took up matters regarding the environment in Delhi, shifting of heavy industries, stopping of all mining in Aravali hills in and around Delhi, misuse of premises, and construction without sanction, among others..In 2006, a Monitoring Committee was set up by the Supreme Court for the limited purpose of identifying encroachment and illegal constructions and to identify properties that were residential in nature but were being used otherwise. In 2018, a Special Task Force was brought in by the Supreme Court. This body was entrusted with the responsibility of removing encroachments on public properties like pathways, roads etc. This Task Force was to be assisted by the Monitoring Committee in identifying the areas in the National Capital that needed immediate action vis-a-vis encroachments..In the present judgment, the Bench took into account the orders passed by the Court from time to time, after which it disapproved of the Monitoring Committee usurping statutory powers it did not have in the first place. The judgment states,."It would not be appropriate to the Monitoring Committee to usurp statutory powers and act beyond authority conferred upon it by the Court. The Monitoring Committee could not have sealed the residential premises, which were not misused for the commercial purpose...nor it could have directed the demolition of those residential properties."Supreme Court.Moreover, regardless of the fact that encroachments made on public properties are a matter of concern, the Monitoring Committee could have acted only "within the four corners of the power conferred on it", the Supreme Court further added, taking serious objection to the conduct of the Monitoring Committee..It was further noted,."Article 300A of the Constitution provides that nobody can be deprived of the property and right of residence otherwise in the manner prescribed by law. When the statute prescribes a mode, the property's deprivation cannot be done in other modes since this Court did not authorize the Committee to take action in the matter.".The Court also highlighted the consequences of misuse of the Monitoring Committee's powers and demarcated its role.."As against the action of the Monitoring Committee, no appeal lies elsewhere. Even High Court is not authorized to entertain any matter and scrutinize its action, such is the drastic step taken by this Court by way of an exceptional measure in public interest, and it is confined to the misuse of residential property for commercial purpose and encroachments and unauthorized construction on the public land, roads.".Having made these observations, the Court proceeded to quash the Committee's report of April 2019 and the sealing and demolition undertaken in furtherance of the same. As such, the properties that were sealed on account of the Committee's report have been directed to be de-sealed. .The Court said that the possession of the properties ought to be returned to the owners within a period of three days..Senior Advocates Ranjit Kumar, Anitha Shenoy and ADN Rao were Amicus Curiae in the matter. Senior Advocates Rakesh Khanna, Sidharth Luthra, Mukul Rohatgi, RC Mishra, Nalin Kohli, Wasim Qadri, and Sanjiv Sen with Advocates Abhimanyu Bhandari and Roohina Dua appeared for various parties, while Solicitor General Tushar Mehta appeared for the Centre. Additional Solicitor General Aishwarya Bhati, and Advocates DN Goburdhan, Naveen Kumar, and Karuna Nundy also appeared in the matter..While parting with the matter, the Court recorded its appreciation for former Solicitor General Ranjit Kumar and other amicus in the case."We also place on record our deep appreciation for the selfless service done by Shri Ranjit Kumar, Amicus Curiae, for the last 24 years, with unflinching hard work and dedication along with his team of other Amicus in the matter.".Read Judgment: