A bench comprising Justices Madan B Lokur and Deepak Gupta observed this while hearing the pleas by traders of a marble market in South Delhi where the South Delhi Municipal Corporation (SDMC) had carried out sealing drive as per the direction of the monitoring committee.
The counsel representing the traders told the bench that the monitoring committee was mandated by the top court to look at the misuse of residential land for commercial purpose only and sealing was carried out in the area which was agricultural land.
The bench said "but that does not mean that the corporation (SDMC) will not do its work. They have to do their statutory work. This has to be done by the corporation."
Meanwhile, the committee filed its status report in the court and said the area in question cannot be used for commercial purpose.
The bench posted the matter for hearing on February 5.
The apex court had earlier said the authorities do not appear to have carried out their statutory duties in preventing illegal construction in Delhi.
It had also ordered restoration of its 2006 monitoring panel to identify and seal such offending structures.
The monitoring committee, comprising K J Rao, former advisor to the Election Commissioner, Bhure Lal, Chairman, EPCA and Major General (Retd) Som Jhingan, was set up in March 24, 2006, by the apex court.
The court had earlier asked the committee not to seal any premises from 2012, expecting the authorities to carry out their statutory duties.
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