M.C. Mehta vs Union Of India & Ors on 16 February, 2006
15. It is necessary to examine few provisions of the Act relevant for
determining the questions (supra) and also to compare them with the
corresponding provisions of DMC Act as far as necessary to look into the
applicability aspect of the judgment rendered by the Supreme Court in
M.C. Mehra (supra) to these cases. Point involved in relation to the
questions to be determined would be whether change of user (misuse) of
a building, say from residential to commercial or vice versa, in violation
of the permitted land use as per the Master plan for an area to which the
Act applies, would fall within the ambit of unauthorized erection or
re-erection as contemplated under section 7 of the Act read with section