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1995 DIGILAW 1418 (SC)

M. C. Mehta v. Union of India

1995-11-30

KULDIP SINGH, S.SAGHIR AHMAD

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ORDER : 1. Pursuant to this court's order dated November 24, 1995 Mr. Umesh Sehgal - Member Secretary, National Capital Region Planning Board (Board) is present before us. Mr. Sehgal has, in detail, explained the working of the Board especially for the purpose of re- locating the industries which are to be shifted from Delhi to various other parts in the region. According to him, the Board has at its disposal 5000 acres of land in various parts of the region. He further states that the Board is in the process of acquiring 3000 acres of land in addition. According to him the Board would be having enough industrial plots to offer to the industries which are to be relocated from Delhi. He states that arrangements can also be made for heavy industries and land even upto 100 acres or more can be secured for the big industries which are in the process of shifting from Delhi. Mr. Sehgal states that the Planning Committee of the Board has already framed a scheme ( the scheme ) regarding the re-use of the land which is likely to be made available as a result of the shifting of the industries from Delhi. The scheme is at present with the DDA for consideration. We have requested Mr. Seghal to prepare a short note of what he has stated before us and place the same on the record for our assistance. He may do so within 2 days from today. On behalf of the DDA, Mr. K.J. Alphonse, Commissioner Land Management is present. He states that the Scheme sent by the Board is at present' under consideration of the DDA. He further states that after the Scheme is finalised it would be sent to Urban Development Ministry, Government of India for finalisation. We have requested Mr. Alphonse to place the Scheme before this Court along with a note. He may do so within 2 days. 2. Ms. Suman Swarup, Secretary - Land & Building NCT, Delhi Admn. is also present before us. She states that the NCT, Delhi Admn. would render all assistance in the relocation of the industries from Delhi. 3. Mr. RK Singh, Director - Ministry of Urban Affairs, Government of India is present before us. He may do so within 2 days. 2. Ms. Suman Swarup, Secretary - Land & Building NCT, Delhi Admn. is also present before us. She states that the NCT, Delhi Admn. would render all assistance in the relocation of the industries from Delhi. 3. Mr. RK Singh, Director - Ministry of Urban Affairs, Government of India is present before us. He states that the Scheme which is in circulation regarding the re-use of the land made available as a result of relocation is a statutory scheme and it has to be finally approved by the Ministry. Mr. Singh may also place on record a short note as to how and in what manner the Ministry is likely to deal with the scheme which may be forwarded to the Ministry by the DDA shortly. 4. On behalf of MCD - Mr. V.K. Bugga, Town Planner and Mr. S S Harrit, Additional Deputy Commissioner - Factory Licensing are present. Mr. Bugga states that he deals with the Planning Department of the MCD and as at present the Planning Department has no role to play. He has, however, given certain suggesions as to how much of the land should be left open as green and how much to be used for other purposes. We have requested Mr. Bugga to place on record a note regarding his suggestions within two days. 5. Mr. SS Harrit, Additional Deputy Commissioner, Factory Licensing, MCD who is present before us states that the MCD is granting licenses even today and is registering various units situated in non-conforming areas. On our query, he stated that though no new constructions are being made, but in the exising areas, which are residential, the industries are being permitted to be set up. It is surpising that at this stage when this Court is in the process of re- locating the existing industries which are operating in non-conforming areas the MCD is permitting new indsutries to be set up in the said area. Mr. R K Maheshwari, learned counsel assisting Mr. SS Harrit, however, states that what is being Hone by the MCD is under the directions of the State Government. We direct the Commissioner MCD, Mr. SS Harrit and all other officers not to register or give licenses to any hazardous/ noxious industry in Delhi. Mr. R K Maheshwari, learned counsel assisting Mr. SS Harrit, however, states that what is being Hone by the MCD is under the directions of the State Government. We direct the Commissioner MCD, Mr. SS Harrit and all other officers not to register or give licenses to any hazardous/ noxious industry in Delhi. Apart from that they shall not register or grant license to any industry in the non- conforming/residential area. We further direct these authorities not to permit any construction or conversion of any land into the industry if it has not already done so in pursuance to the licenses/ registration already granted by the MCD. In these cases the working of the licenses/ registration shall stand stayed. We further direct the MCD not to renew any licenses on the expiry of the same without prior permission of this Court. We direct the Commissioner-MCD to have a survey done in this respect and file an affidavit in this Court within two weeks from today as to how many fresh licenses/ registration in the non-conforming areas have been issued by the MCD. 6. Copies of the notes, which will be placed on record by the officers, who are present in Court to day shall be given to the learned counsel for the parties by the Registry. 7. List the matter on 13.12.95 at 2PM. 8. We place on record our appreciation for the officers who have personally come to this Court to assist us. IA 18 (Delhi Ridge Matter) 9. List on 3.1.96, at 2 PM.