Anirudh Kumar vs Municipal Corp. Of Delhi & Ors

Brief facts which led to the filing of this appeal are as under:-

Further, the learned single Judge vide order dated 5.10.2010 refused to decide the violation under Clause 7 of the Regularisation Certificate on the ground that the petition is motivated by a private dispute than owing to any nuisance and hardship to any local resident as none of the other local residents had approached the Court with any complaint pertaining to nuisance.

In view of the above mentioned decisions of this Court, we hold that the findings and reasons recorded by both the learned single Judge and the Division Bench of the High Court that it is not public interest litigation is contrary to the law laid down by the Constitution Bench of this Court and other decisions referred to supra. The said reasoning is liable to be set aside, accordingly it is set aside.

15.5 PERMISSIBLE AND NON-PERMISSIBLE USES Any trade or activity involving any kind of obnoxious, hazardous, inflammable, non-compatible and polluting substance or process shall not be permitted.

In view of the reasoning discussed above, the impugned judgment passed by the Division Bench in not accepting the case of the appellant is not only erroneous on factual position but also error in law and the same is liable to be set aside.

39. In view of the aforesaid reasons, we have to hold that the grant of the Regularisation Certificate with the alleged retrospective effect to run the Nursing Home in favour of respondent-owners w.e.f. 11.7.2006 cannot be accepted by us and the same is liable to be quashed.

organism, property or the environment;"

For the reasons stated supra, the appeal is allowed and the impugned judgments and orders of both the learned single Judge and Division of the High Court are hereby set aside and Regularisation Certificate is quashed and rule is issued. Further, directions are issued to the respondents MCD and DPCC to see that the unlawful activities of the respondent-owners are stopped as per our directions. The respondent-owners are directed to close down their establishment of running 'Dr. Dang's Diagnostic Centre' within four weeks from the date of receipt of the copy of this Judgment by shifting the same to alternative premises and submitting the compliance report for the perusal of this Court. If the respondent-owners do not comply with the above directions of this Court within four weeks, the MCD is directed to take necessary prompt steps for sealing or closing down of all the activities undertaken by them in the premises of concerned building and submit the compliance report for the perusal of this Court. All the I.A.s are disposed of accordingly. No costs.

.....................................................................J. [V. GOPALA GOWDA] .....................................................................J. [C.NAGAPPAN] New Delhi, March 20, 2015 ITEM NO.1A-For Judgment COURT NO.10 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 8284/2013 ANIRUDH KUMAR Appellant(s) VERSUS MUNICIPAL CORP. OF DELHI & ORS. Respondent(s) Date : 20/03/2015 This appeal was called on for pronouncement of JUDGMENT today.

For Appellant(s) Ms. Purnima Bhat,Adv.

For Respondent(s) Mr. Vikas Mehta,Adv.

Mr. D. N. Goburdhan,Adv.

Mr. P. Parmeswaran,Adv.

Mr. Rakesh Kumar,Adv.

Hon'ble Mr. Justice V.Gopala Gowda pronounced the judgment of the Bench comprising His Lordship and Hon'ble Mr. Justice C. Nagappan.

The appeal is allowed in terms of the signed Reportable Judgment.

All the I.A.s are disposed of accordingly.