SUPREME COURT OF INDIA

Before:- B.N. Kirpal, P. Venkatarama Reddi and Arijit Pasayat, JJ.

Writ Petition (Civil) No. 749 of 1995. D/d. 08.04.2002.

Supreme Court Monitoring Committee - Petitioner

Versus

Mussoorie Dehradun Dev. Authority and others - Respondents

For the Petitioners :- Mr. Harish N. Salve, SG (A.C.), Mr. Prashant Bhushan and Mr. DK Garg, Advocates.

For the Respondents :- Mr. Ajay K. Agrawal, Advocate.

For the MDDA/State :- Ms. Alka Agrawal, Advocate.

For the Uttranchal/State :- Mr. C. Siddharth, U.P. Mr. Mahesh Chandra, Ms. Anamika Agrawal, Mr. UK Uniyal, Mr. RC Kaushik, Mr. Prashant Kumar, Mr. Joseph Pookkatt, Mr. A. Rab, Ms. Archana Rab, Mr. AK Srivastava, Mr. Vikas Bansal, Mr. RD Upadhyay, Mr. Narayan N. Keswani, Mr. Ramesh N. Keswani, Mr. Ram Lal Roy, Mr. R. Poddar and Mr. BV Balram Das, Advocates.

For the Ocean Const. Co. :- Mr. RK Mehta, Mrs. Uma Jain, Mr. Dhruv Mehta, Ms. Shobha, Ms. Anu Mehta, Mr. SK Gambhir, Sr. Adv., Mr. H.K. Puri, Mr. SK Puri, Mr. Rajesh Srivastava, Mr. Ujjwal Banerjee, Ms. Anindita Gupta, Mr. S.S. Jauhar, Mr. Dinesh Kumar Garg, Mrs Anil Katiyar, Mr. Ashok K. Srivastava, Mr. Debasis Misra, and Mr. P.N. Gupta, Advocates.

Constitution of India, 1950, Article 32 - Law regarding illegal construction - Supreme Court had earlier ordered that Union of India should consider having a law permitting the Government to take possession of illegal construction as a receiver till the compliance with the building bye-laws by the owner takes place - In response to the said order Supreme Court directed Secretary, Ministry of Urban Development to file an affidavit.

[Para 1]

ORDER

B.N. Kirpal, J. - The Secretary, Ministry of Urban Development is directed to file an affidavit in response to this Court's order dated 4th March, 2002 to the effect that the UOI should consider having a law permitting the Government to take possession of the illegal construction as a receiver till the compliance that the building by-laws by the owner takes place. The affidavit filed on 18th March 2002 on behalf of the Ministry of Urban Development refers to the vesting of the property which was mooted on 7th January, 2002. Fresh affidavit should address itself to the question of possession being taken as receiver without depriving the owner of the title to the property even if illegally constructed. The Chief Secretary, State of Uttranchal is also directed to file the affidavit in response to this Court's Order dated 7th -3- January, 2002 and 4th March, 2002 in relation to vesting of illegally constructed property with the Government or the local bodies or their taking possession of the illegal construction as a receiver. List these cases for hearing on 6th of August, 2002.

2. In IA No. 8 issue fresh notice returnable on 6th August, 2002. Dasti is permitted. Response of the respondents be filed before that.

3. Delay condoned.

4. The SLPs are dismissed.

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