M.C. Mehta Vs Union of India & Ors (Supreme Court of India)
No Automatic Commercial Use: Apex Court Upholds MCD’s Zoning Control- Mixed-Use Has Its Limits – Conversion Charges Mandatory, Rules Supreme Court- SC Rejects De-Sealing of New Rajinder Nagar Property – Upper Floors Held Residential
The Supreme Court, in the long-standing M.C. Mehta PIL on urban misuse & environmental issues in Delhi, rejected an application seeking de-sealing of Plot No.106, New Rajinder Nagar Market, holding that only the ground floor was permitted for commercial use while the upper floors were sanctioned as residential. The applicant had relied on a 2023 order of the Judicial Committee which generally treated the market as commercial. The Court clarified that such broad directions could not override individual title documents or sanctioned plans.
The Bench traced the background of the monitoring & judicial committees formed since 2004 to oversee misuse of residential properties. It observed that the Judicial Committee’s order was generic & not plot-specific, & hence, the claim required independent factual scrutiny.
The applicant, represented by Senior Advocate Kailash Vasdev, argued that the property was always commercial, citing the L&DO’s 1957 letter & lease deeds referring to “business flats.” The MCD, through Senior Advocate Sanjib Sen & Amicus Curiae S. Guru Krishna Kumar, maintained that only the ground floor was commercial & that the upper floors were sanctioned for residential use under the Master Plan for Delhi (MPD-2021), which allows commercialisation of upper floors only after payment of conversion charges. They also pointed out unauthorised extensions & excess FAR.
