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1996 DIGILAW 1237 (SC)

M. C. Mehta v. Union Of India

1996-07-12

KULDIP SINGH, N.P.SINGH, S.SAGHIR AHMAD

body1996
JUDGMENT : I.A. No. 29: 1. Mr. VR Reddy, Mr. Kapil Sibal, Mr. HN Salve, Mr. Arun Jaitley, Mr. RS Suri and number of other counsel seek clarification of para 4 of this Courts order dated May 10, 1996 in Badkhal Late and Surajkund. We have partially heard learned counsel. 2. To come up for further and final hearing on July 30,1996 at 2.00 p.m. before this Bench. I.A. No. 18 :- (A) PETROL PUMPS: 3. We have heard learned counsel for the parties. Various difficulties which have been highlighted by learned counsel for the parties may be resolved by having a meeting of the representatives of different parties. We, therefore, direct that three representatives of the Oil Companies alongwith one representative of eleven petrol pumps may sit with Mr. Jolly and his associates in the office of the Delhi Development Authority to consider and find out a solution of the various problems which may be placed before the D.D.A. This may be done within two weeks from today. The four representatives (three of the Oil Companies and one of the petrol pumps) shall meet Mr. Jolly and his associates in D.D.A. on July 16, 1996 at 2.00 p.m. Mr. Jolly will file a report before this Court. 4. To come up on July 26, 1996. (B) BIRLA MANDIR :- 5. Mr. HN Salve, learned counsel appearing for Birla Mandir states that 7.5. acres-have already been handed over to Land and Development Office, Government of India. He further states that the area is no longer with the Mandir. According to him the demolition work has already been started. The learned counsel appearing for the Ridge Management Board states that the Board would take over actual possession immediately. So far as the allotment of alternative area for construction of Library and Sanskrit Research Centre to the Mandir is concerned, Mr. Jaitley, learned counsel, after seeking clarification from Mr. Jolly, Commissioner, D.D.A., who is present in Court, states that a positive decision shall be taken in this respect within two months from today. 6. To come up on September 13, 1996. (C) KALI BARI :- 7. We have heard Dr. Shankar Ghosh on behalf of Kali Bari. After initial resistance, Dr. Ghosh has very fairly stated that if time given up to August 31, 1996 the area shall be handed over to the Ridge Management Board. We agree with the suggestion. 6. To come up on September 13, 1996. (C) KALI BARI :- 7. We have heard Dr. Shankar Ghosh on behalf of Kali Bari. After initial resistance, Dr. Ghosh has very fairly stated that if time given up to August 31, 1996 the area shall be handed over to the Ridge Management Board. We agree with the suggestion. We permit the Kali Bari to remove its quarters etc. from the area comprising of 2937 sq. ft. before August 31, 1996. The Ridge Management Board shall take over the possession on September 1, 1996. If there is any resistance, the possession shall be taken forcibly and all construction on the area shall be demolished. The work of afforestation and fencing shall be commenced on the area with immediate effect. (D) MAHANT GURU GORAKHNATH YOGA TRUST: 8. Mr. Venugopal, learned counsel appearing for the Land and Development Officer, states that the allotment in favour of the Trust was cancelled on February 9, 1993. Learned counsel appearing for the Yoga Trust states that the order of cancellation has been challenged by way of civil suit. He further states that there is no interim stay in his favour. The original allotment was made on April 1, 1991. The allotment having been cancelled, the possession of the Trust is wholly unauthorised. We, therefore, direct the Land and Development Officer to take possession from whosoever is in occupation of the land and hand over the same to the Ridge Management Board. The unauthorised construction shall be demolished. The report in this respect shall be filed in this Court by Land and Development Officer within two months, (E) EDUCATIONAL INSTITUTIONS :- 9. We have examined the joint report placed on record by Mr. Krishan Mahajan, Advocate and Mr. U.S. Jolly, Commissioner, D.D.A. Keeping in view the report, we issue notice returnable in six weeks to all the 15 schools who have according to the report, encroached upon the Ridge Area. Mr Mukherjee accepts notice on behalf of Raiseena Bengali School and Mrs. Shiel Sethi accepts notice for D.I. Khan Sr. Sec. School The learned counsel representing these schools may obtain copy of the report, if the so wish, from the Registry. The Registry shall give zerox copies of the report to the learned counsel representing the schools. 10. To come up on 6th September, 1996. 11. Shiel Sethi accepts notice for D.I. Khan Sr. Sec. School The learned counsel representing these schools may obtain copy of the report, if the so wish, from the Registry. The Registry shall give zerox copies of the report to the learned counsel representing the schools. 10. To come up on 6th September, 1996. 11. Remaining items of this report shall be taken up July 19, 1996.