Supreme Court stays sealing in NDMC areas including Lutyens Bunglow Zone for Chartered Accountants and Engineers
June, 23rd 2007
The Supreme Court of India in a petition filed by M/s. M C Mehta and others being Chartered Accountants and Engineers in I.A. No. 2111 in I.A. No. 22 in writ petition (Civil) no. 46 and 1985 has passed the order staying sealing process till next date of hearing i.e. 23rd July, 2007.
In short the petitioners have represented as under :
-That the present application is a sequel to the two applications listed as item Nos. 66 and 67 before the Honourable Supreme Court (Honable Vacation Bench on 18.6.2007) wherein the Honble Supreme Court has directed the NDMC not to seal the premises till the next date of hearing. The Honable SupremeCourt on 18.6.2007 passed the following order:
these petitions shall be treated as I. As. In the main write petition relating to the sealing matters.
List on 23rd July, 2007.
Let a report of the Monitoring Committee be made available by that date. There shall be no sealing of the petitioners premises till the next date.
The above orders shall be operative in the petition filed by the Supreme Court Bar Association, i.e. WP(C) No..
A true Xerox copy of the order dated 18.6.2007 passed by this Honourable Court is annexed as ANNEXURE P-I
-That the applicants herein are professional practicing as chartered accountants and engineers.All the applicants are identically situated like the applicants in the aforesaid two I. As in which the aforesaid order came to be passed.
-That as per the knowledge of the petitioner that no notification has been issued carving out or defining the area which will fall under LBZ area. Since there is no notification and it is an admitted fact these are only guidelines issued vide D.O. letter No. K-13011/17/86-DD-II-A dated 8.2.1988 and amended by the Government of India from time to time. Since there is no notification the stand of the NDMC that no professional activity can be carried out in LBZ area is arbitrary. Mala-fide and legally unsustainable.
-Being aggrieved by the proposed threat of the NDMC as reported in the English Daily Times of India dated 15.6.2007 the Petitioner most humble approaches this Honble Court for the enforcement of his fundamentalrights, inter alia on the following.
It is, therefore, most respectfully prayed that this Honable Court may graciously be pleased to :
a)issue an order or direction or restraining and prohibiting respondent No. 2 NDMC from carrying out their proposed threat of sealing the office premises of the applicants in the Sagar Apartments, 6, Tilak Marg, New Delhi-110001
b)Issue an order, direction directing the respondent No.1 Central Government to review, reconsider and amend the Master Plan of Delhi-2021 in such a manner so as not to ban the professional activity permitted to a small class of Professionals including lawyers, doctors, architects and chartered accountants etc. as specifically directed in the order dated. 10.8.2006 of his Honable SupremeCourt and
c)Pass such other and further order or orders as the Honable Court may deem fit and proper in the facts and circumstances of the present case.
O R D E R
Upon hearing counsel the court made the following:
List this matter on 23rd July, 2007 along with the sealing matters. The sealing process shall not be carried out until next date of hearing.