Case Title: M.C. Mehta v. Union of India & Ors.
Citation: 2025 INSC 1274
Bench: CJI B.R. Gavai and Justice K. Vinod Chandran
Date of Order: October 31, 2025
Summary
The Supreme Court of India has rejected an application seeking de-sealing of a commercial premises — Plot No. 106, New Rajinder Nagar Market, New Delhi — filed in the long-standing M.C. Mehta v. Union of India public interest litigation concerning misuse of properties and unauthorized constructions in Delhi.
The applicant argued that the building was originally intended for commercial use, relying on historical documents and a 2023 order of the Judicial Committee. However, the Court held that only the ground floor was authorized for commercial activity, while the upper floors were sanctioned for residential use under approved building plans.
The Bench found that the applicant had constructed upper floors without authorization, exceeding the permitted Floor Area Ratio (FAR) and converting residential spaces into commercial ones without paying conversion charges.
The Court clarified that the New Rajinder Nagar Market is a “shop-cum-residence” Local Shopping Centre (LSC) under the Master Plan for Delhi (MPD) 2021, where upper floors may only be converted for commercial use after payment of conversion and penalty charges.
Key Takeaways
- 🏢 Commercial use limited to ground floor: Only the ground floor of the New Rajinder Nagar property was authorized for business purposes.
- 🧾 Upper floors residential by design: The sanctioned plans clearly indicated residential use for upper floors; conversion requires formal approval and fees.
- ⚖️ Judicial Committee order not sufficient: The Court held that de-sealing cannot be granted solely based on the Committee’s general observations without case-specific proof.
- 🧱 Excess FAR & unauthorized construction: The applicant exceeded the permissible FAR; non-compoundable deviations must be removed.
- 💰 Conversion and penalty charges applicable: The Court directed MCD to issue a fresh notice specifying the payable charges and non-compoundable violations.
- 🚫 De-sealing request rejected: The Supreme Court denied de-sealing until compliance and regularization steps are completed.
Impact
This judgment reinforces Delhi’s regulatory framework under the MPD-2021—ensuring that mixed-use and commercial conversions follow due process. It also reaffirms that individual property owners cannot bypass conversion norms by citing blanket committee recommendations.
