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1996 DIGILAW 1320 (SC)

M. C. Mehta v. Union of India

1996-07-24

KULDIP SINGH, S.SAGHIR AHMAD

body1996
JUDGMENT : I.A. No. 18 F) HINDU RAO HOSPITAL: 1. Learned counsel for the Ridge Management Board states that 7.84 acres of area has already been taken over from the Hospital authorities and has been restored to the Ridge. PV Jai Krishnan, Chief Secretary and Mr. DC. Khanduri, Deputy Conservator of Forest have filed affidavits in reply to show cause notice. We are satisfied with the replies filed by these two officers and discharge the show cause notice. G) BHARTIYA ADIM JATI SEWAK SANGH. 2. Learned counsel appearing for the Sangh states that the Sangh has already given notice to Electrical Construction and Equipment Co. Ltd. And Punjab National Bank to vacate the premises forthwith. It would be in the fitness of things that this Court should issue notice to these two commercial enterprises. We, therefore, issue notice to Electrical Construction and Equipment Co. Ltd. And Punjab National Bank through Sangh to show cause why they be not evicted from the premises which is a part of the Ridge. Notice returnable on 9th August, 1996. Dasti notice be given to the Sangh. The Registry to serve the notice within one week. H) LAL DWARA MANAGING COMMITTEE: 3. Mr. Ray, learned counsel appearing for the Committee states that part of the premises has been rented out to Jay Shree Tea and Industries Ltd. We issue notice to the said Industry to show cause why it should not be removed from the premises as no commercial activity can be undertaken on the Ridge area. We, therefore, issue notice returnable on 9th August, 1996. Registry to serve notice within one week. Dasti service through Mr. BB Sawhney, learned counsel for the Committee. The Ridge Management Board shall take over the encroached land measuring 1590.08 sq. yds. From the Committees. Mr. Ray very fairly states that the Committee shall remove the encroachment. This may be done within two months. I) JAGJEEVAN RAMASHRAM TR UST 4. Jolly report states that 2523 sq. yds of area has been encroached by the Ashram. We direct the Ridge Management Board to take over the possession of the encroached land within two months from today. Any unauthorised construction on that area shall be demolished. 5. Three tenants namely Delhi Automobiles, Jalandhar Motor Agency and Prientice Hall of India have been inducted by the Ashram Trust. yds of area has been encroached by the Ashram. We direct the Ridge Management Board to take over the possession of the encroached land within two months from today. Any unauthorised construction on that area shall be demolished. 5. Three tenants namely Delhi Automobiles, Jalandhar Motor Agency and Prientice Hall of India have been inducted by the Ashram Trust. We issue notice to them to show cause why they be not evicted from the premises. Notice returnable on 9th August, 1996. Registry to serve notice within one week. Dasti service through learned counsel for the Jagjeevan Ram Ashram Trust. J) PRIVATE PERSONS: 6. With regard to private persons residing in the Ridge area, Mr. Jaitley, learned counsel for the D.D.A. very fairly states that 11 plots measuring 200 sq. yds. Each have been placed at the disposal of Land and Development Officer for allotment to all the 11 persons who are to be evicted from their present lands. Mr. Venugopal, learned counsel for the Land and Development Officer states that the offer of allotment of plots have been given to all the I I persons. There is no firm acceptance by any of the 11 persons. The Registry to issue show cause notice returnable on 9th August, 1996 to all these I I persons indicating that they should either accept the plots offered to them or they shall be evicted from the existing plots. If they have to say anything in this respect, they may say so on the next date of hearing. Mr. Arvind Kumar accepts notice on behalf of M/s. ML Gujral, Narender Kumar Abbott, Jaswant Singh and Mrs. Satwant Kaur, Notices to be served through Land and Development Officer, Dasti service in addition through learned counsel. K) LETTERS RECEIVED AT THE RESIDENTIAL OFFICE: 7. WE adjourn the hearing of this matter to 9th August, 1996. I.A. No. 22 8. Mr. Kaushal, learned counsel appearing for Mr. Ashok Kapoor, Labour Commissioner states that he has examined various aspects indicated in the affidavit of Mr. Ashok Kapoor. According to him, there was no intentional delay on the part of Mr. Kapoor in complying with the orders of this Court. We have been taken through the affidavit filed by him. We are satisfied with the same. We discharge the contempt notice. 9. List of the child labour filed by Mr. Ashok Kapoor be taken up on 25th July, 1996.