New Delhi, Dec 18 (UNI) Citing the Supreme Court judgement, which refrained High Courts to exceed its limits, the MCD today contended before the Delhi High Court to recall its previous order by which it had set up a Monitoring Committee and appointed court comissioners to take stock of the illegal constructions in the national capital.
Appearing before the special bench of Justices A K Sikri and Rekha Sharma, senior lawyer and former law minister Ravi Shankar Prasad said appointing the Monitoring Committee by the courts is ''unconstitutional'' and against the doctrine of separation of powers.
Mr Prasadquoted the case of Keshvanand Bharti vs state of Kerala (1973) in support of his argument.
Mr Prasad said creation of the Committee by court order impairs the principle of separation of powers because under the law MCD is a statutory body mandated to perform the executive functions.
The court has fixed January 2, as the next date of hearing in the matter.