SC seeks reports on misuse of residential premises for commercial uses; MCD begins Delhi survey, next hearing on May 20

New Delhi [India], May 19 : The Supreme Court has directed civic authorities in all State and Union Territory capital cities to examine alleged misuse of residential premises for commercial purposes and submit reports before the apex court, following concerns raised in a matter relating to unauthorised construction and land-use violations.

The directions were issued by a Bench of Justice Ahsanuddin Amanullah and Justice R Mahadevan in Loganathan vs the State of Tamil Nadu.

In its observations, the apex court referred to instances of alleged violations of building regulations and land-use norms in various cities and asked Municipal Corporations and Municipalities in all State and Union Territory capitals to conduct inquiries into residential premises allegedly being used for commercial activities.

Following the directions, the Municipal Corporation of Delhi (MCD) has reportedly started a survey across the city to identify properties where land-use norms allegedly violated.

MCD Commissioner Sanjeev Khirwar has reportedly directed all 12 zonal deputy commissioners to carry out the exercise and prepare records for submission before the top court.

According to reports, the survey includes authorised colonies, unauthorised colonies, group housing societies and other residential areas under MCD jurisdiction. Field teams are reportedly collecting information regarding properties allegedly being used for commercial purposes, including shops, offices, coaching centres, warehouses and guest houses.

The Supreme Court observed that the alleged conversion of residential areas into commercial zones may have civic and environmental implications and directed civic bodies to place detailed records before it through affidavits signed by their respective Commissioners.

The exercise has reportedly led to concerns among some trader associations in Delhi regarding the possibility of future enforcement action. Some associations are understood to have sought clarity from MCD authorities regarding the scope of the survey and its possible implications.

MCD officials, however, have reportedly stated that the survey is being conducted in compliance with the Supreme Court's directions and for the purpose of preparing records to be submitted before the apex court.

The proceedings before the Supreme Court originated from allegations relating to unauthorised construction in Tamil Nadu. During earlier hearings, the apex court had expressed concern regarding alleged construction activity without approval and the role of local authorities in such cases.

The SC Bench has also sought a response from the Tamil Nadu government regarding an order allegedly linked to protection from coercive action in certain building-rule violation cases.

Senior Advocate Ajit Kumar Sinha has been appointed as Amicus Curiae to assist the Supreme Court in the matter. The case is scheduled to be heard next on May 20.

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