In a recent ruling in M.C. Mehta v. Union of India & Ors. , the Supreme Court of India upheld the sealing of a property that was originally sanctioned as a shop-cum-residence but was being misused for commercial purposes on the upper residential floors.
Main Issue:
Whether a property sanctioned for mixed use could be de-sealed merely because a general order of the Judicial Committee allowed partial commercial activity — even when the sanctioned plan and user clause restricted such use.
Court’s Observations:
- The Court held that upper floors sanctioned for residential use cannot be used commercially without due conversion, regularisation, and payment of prescribed charges.
- The general order of December 18, 2023, could not override the specific user clause in the individual sanction plan.
- The Court found no legal basis for de-sealing the property, terming the misuse a clear violation of the Master Plan for Delhi, 2021.
Significance:
This judgment reinforces that compliance with sanctioned user clauses and building regulations is paramount. Property owners cannot rely on broad policy relaxations without individual approval or payment of conversion fees.
The ruling sets a clear precedent — commercial misuse of residential premises in mixed-use zones will invite strict regulatory action, preserving the integrity of urban planning norms.
