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1996 DIGILAW 1343 (SC)

M. C. Mehta v. Union of India

1996-07-26

KULDIP SINGH, S.SAGHIR AHMAD

body1996
JUDGMENT : (S) DR. RAM MANOHAR LOHIA HOSPITAL: 1. To be taken up 2.oop.m. on July 30., 1996. We request Dr. S.P. Agarwal, if it is convenient. to be personal by present in Court on that day. 2. (T)We are in the process of dealing with the contempt notice issued to Mr. BL Nimeshh. Land and Development Officer. It is stated in the affidavit that except one jhuggi cluster behind Mandir Marg, other unauthorised encroachments have been removed. Mr. Nimesh present in Court states that this jhuggi cluster consists of 100 persons. He further states that these persons are in occupation for a long period and they may be entitled to be rehabilitated in terms of the norms laid down by the Delhi Administration. He states that in spite of his best efforts, the Delhi Administration has not rendered any help to him in finding any alternate place to shift the jhuggies. Let Mr. Jagdish Sagar, Principal Secretary and Mr. Manjeet Singh be present in this Court 2.oo p.m. on July 30,1996. Mr Nimesh shall also be present in the Court. Mr. Nimesh further states that area already retrieved from the encroachers has been added to the ridge area. We have requested Mr. Khanduri, present in Court, to-take formal charge of the area on behalf of the Ridge Management Board and have the fencing etc. done wherever necessary. 3. (U) So far as the encroachment of the Ridge by religious places is concerned, we have gone through the affidavit of Mr. Nimesh. Mr. Nimesh has stated that he has been able to retrieve some land from most of the religious places. Still large area is in possession of these institutions. We request Mr. Kapil Sibal and Mr. Arun Jaitly to find some time and persuade these institutions to surrender the maximum area to the Ridge. They may do it at their convenience and let this. Court know when the needful is done. They may have Mr. Mahajan alongwith them. (V) 11 RESER VOIRS: 4. Mr. Suri, learned counsel for the Undertaking states that the total area which was to be surrendered to Ridge Management Board has already been surrendered. Mr. Khanduri present in Court agrees that the possession has been taken. Mr. Mahajan has in his report stated that the debris created as a result of demolition by unauthorised construction is still lying on the spot. Mr. Khanduri present in Court agrees that the possession has been taken. Mr. Mahajan has in his report stated that the debris created as a result of demolition by unauthorised construction is still lying on the spot. We direct the Undertaking to remove/clear the debris. Mr. Suri says that some of the debris can be utilised for filling the depressions, if any in the area. He further states that one of the reservoirs to be demolished is of concrete and needs blasting. He says that the same can be filled and some sort of plantation can be done. This matter can be considered by the Ridge Management-Board after obtaining expert advise in this respect. This may be done within four weeks from toady. (W) ENCROACHMENT BY C.I.S.F AND C.R.P.F ON RIDGE: 5. Mr. Bhaskar Khulbe, Deputy Secretary in the Ministry of Home Affairs has filed as affidavit. It is stated in the affidavit that some of the security forces have already been removed from the ridge area. He further states that alternate accommodation is being prepared and totality of the ridge area shall be vacated by the security forces by September 15, 1996. We accept the undertaking given by Mr. Khulbe. The Ridge Management Board shall take over the formal charge of the area. We expect the Govt. of India to clear the debris etc. from the place vacated by the security forces. 6. To come up in end of September, 1996. REGARDING GHITORNI LAND: 7. List this matter on August 2, 1996 PETROL PUMPS: 8. The matter is adjourned to August 2, 1996. IA.NO.22: 9. Pursuant to this court's order dated May 9, 1996 concerning the setting up of common Effluent Treatment Plants in the 28 Industrial Estates, Mr. JR Jindal, president. Delhi Factory Owners Federation has filed an affidavit. Mr. Harish Salve has taken us through the affidavit. It is stated that Mohan Co-Operative Industrial Estate, Okhla Industrial Area - Phase I and Phase II and Mayapuri Industrial Area have already formed Societies and have submitted their papers for registration to the Registrar of Societies. It is further stated that so far as the Kirti Nagar Industrial Area. Naraina Industrial Area, Friends Colony Industrial Area. Jhilmil Industrial Area, Najafgarh Road Industrial Area, Moti Nagar Industrial Area, Mangolpuri Industrial Area. It is further stated that so far as the Kirti Nagar Industrial Area. Naraina Industrial Area, Friends Colony Industrial Area. Jhilmil Industrial Area, Najafgarh Road Industrial Area, Moti Nagar Industrial Area, Mangolpuri Industrial Area. Udyog Nagar Industrial Area, Nangloi and DSIDC Industrial Complex, Rohtak Road are concerned, the necessary papers for registration shall be forwarded to the Registrar by August 15, 1996. Apart from that Wazirpur Industrial Area has already formed a registered Society. It is thus obvious that by August 15, 1996 there shall be 13 registered Societies functioning in these Industrial areas. We direct NEERI through its Director, Dr. P.Khanna to depute an efficient team to take over the charge of these Industrial areas which are ready to start the construction of CETPS. Mr. Kaushal states that according to the decision taken by the Delhi Administration, the DSIDC has to construct the CETPS. The NEERI team shall assess the quality and quantity of efficient discharge from each of the Industries located in these 13 Industrial Estates. Thereafter the NEERI shall also give the estimate of the capital cost of the construction as well as the cost of the running operation. The NEERI shall also supply the necessary technical know-how to the DSIDC from time to time. We direct NEERI to assess the cost of construction in these Industrial Estates within two weeks of the receipt of this order so that the authorities which have to contribute the cost of CETPs may be requested to do so Mr. Harish Salve further states that efforts are being made at the level of the Federation to persuade the other Industrial Estate to form Societies. 10. We make it clear that there is no way out for the Industries which are operating in these 28 Industrial Estates and they are bound to have the common Effluent Treatment Plants. We are giving enough time to these Industries and also offering all helps to do the needful. We make it clear that the defiant or non- cooperative Industry may have to be finally closed down. 11. Copy of this order be sent to NEERI within two days. 12. To come up after 2 weeks. I.A. NO. 32: 13. We have been taken through the affidavit filed by the Chief Secretary, NCT Delhi Administration, Mr. DS Negi, Secretary Environment, Govt. of India and Mr. Arun Kumar, Additional Secretary, Water Resource Ministry. 14. 11. Copy of this order be sent to NEERI within two days. 12. To come up after 2 weeks. I.A. NO. 32: 13. We have been taken through the affidavit filed by the Chief Secretary, NCT Delhi Administration, Mr. DS Negi, Secretary Environment, Govt. of India and Mr. Arun Kumar, Additional Secretary, Water Resource Ministry. 14. The matter is adjourned to August 9, 1996.