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1996 DIGILAW 1606 (SC)

M. C. Mehta v. Union of India

1996-08-30

FAIZAN UDDIN, K.VENKATASWAMI, KULDIP SINGH

body1996
JUDGMENT : IA. No. 18 Items A, B & C 1. Punjab National Bank and Electrical Construction and Equipment Co. Ltd. are the lessees in the building constructed by Bhartiya Adim Jati Sewak Sangh. We have heard Mr. G.L. Sanghi, learned Senior counsel for Punjab National Bank and Mr. K.N. Balgopal, learned counsel for M/s. Electrical Construction & Equipment Co. Ltd. M/s. Jay Shree Tea Industries Ltd. are the tenants of M/s. Lal Dwara Managing Committee. We have heard Mr. G.L. Sanghi, learned Senior counsel for the industry. We have heard Mr. S.K. Mehta, learned counsel for M/s. Delhi Automobiles; Mr. Ramji Srinivasan, learned counsel for M/s. Jalandhar Motor Agency; and Mr. H.N. Salve, learned senior counsel for M/s. Prientice Hall of India. 2. After hearing learned counsel for the parties, we are of the view that in the interest of ecology and environment, these enterprises which are operating as lessees in the ridge area shall have to relocate themselves. It is necessary to maintain balance between environment and development. We have no intention of stopping development but keeping in view the fact that the ridge has to be saved and environment protected, we direct that these enterprises must relocate themselves from the ridge area. We, therefore, direct that the PNB which has got lot of clientage shall relocate themselves from the present place and shall go out of the ridge area by August 31, 1997. So far as the other enterprises, namely, Electrical Construction & Equipment Co. Ltd., Delhi Automobiles, Jalandhar Motor Agency and Prentice Hall of India are concerned, we give them time to vacate, and leave the ridge area, till March 31, 1997. These industries shall relocate themselves from the ridge area. We further direct that Bhartiya Adim Jati Sewak Sangh, Lal Dwara Managing Committee and Jagjivan Ram Ashram Trust shall not lease out or give on rent any part of its premises to any person, body or authority in future. They shall also not use these premises for commercial purposes. 3. We direct the Commissioner, Land Management Delhi Development Authority to keep a watch on this area and assure that these religious/social/public bodies do not lease or rent out their premises to anybody in future. We further clarify that violation of this order by these bodies who are occupying the land on the ridge shall attract the provisions of the Contempt of Courts Act in addition. We further clarify that violation of this order by these bodies who are occupying the land on the ridge shall attract the provisions of the Contempt of Courts Act in addition. 4. On July 24, 1996, this Court passed the following order relating to-Lal Dwara Managing Committee: "The Ridge Management Board shall take over the encroached land measuring 1590.08 sq. yds. from the Committee. Mr. Ray very fairly states that the Committee shall remove the encroachment. This may be done within two months....." 5. Mr. S.S. Ray, learned Senior counsel appearing for the Lal Dwara Managing Committee states that since we have given time till March 31, 1997 to M/s. Jayshree Tea Industries to vacate the premises, the Managing Committee should be permitted to continue in the encroached land till 2 months after vacating of the land by M/s. Jayshree Tea Industries. We do not agree and we reject the contention. As directed by us, the Lal Dwara shall vacate the encroached area of the ridge within two months from 24th July, 1996. Item 'D' 6. Mr. H.N. Salve, learned Senior counsel appearing for the residents of the area has raised objection to the allotment of plots to these 11 persons on the ground that this is a green area. An affidavit has been filed by the DDA. Mr. Salve prays for a short adjournment. List on 4th September, 1996 as item No. 1. Item 'E' 7. Learned counsel for UOI states that he would call a responsible officer each from the concerned Ministries/Departments to assist this Court on 4.9.96 at 2 PM. We request Dr. Aggarwal, the Medical Superintendent, Dr. Ram Manohar Lohia Hospital to be present on that date. Item 'E' -i' 8. A copy of letter received from Mr. Kuldip Nayar be given to Mr. M.C. Mehta; Mr. Ranjit Kumar; learned counsel for DDA, MCD, and Delhi Admn. 9. List on 4.9.96. I.A. Nos. 20 and 21 10. Pursuant to this Court's order dated August 6, 1996, the officers concerned are present in Court. Although the construction work is somewhat behind the schedule but we have no doubt that all efforts are being made by the concerned officers to keep up the pace of work as directed by this Court. Mr. Dipankar Gupta, learned Senior counsel states that all efforts shall be made to regain the slipped out period. He states that Mr. Although the construction work is somewhat behind the schedule but we have no doubt that all efforts are being made by the concerned officers to keep up the pace of work as directed by this Court. Mr. Dipankar Gupta, learned Senior counsel states that all efforts shall be made to regain the slipped out period. He states that Mr. Rakesh Mohan shall file an affidavit by October 20, 1996 and shall indicate the progress made in this respect. 11. Mr. D.D. Dubey, Chief Engineer of the Undertaking has stated that so far as the Sewage Pumping Station at Gonda - II is concerned, three private parties have gone to the lower courts and have obtained stay claiming ownership for the land. The details of the cases, are as under: 1. Balraj v. UOI & Ors. - Court of Sh. Kamlesh Kumar Civil Judge, Tis Hazari. 2. Roop Chand & Lekh Raj v. Commissioner, MCD in the Court of Sh. S Gaur Addl. Distt. Judge. 3. Ram Kumar v. Commissioner, MCD in the Court of SJIC. 12. We issue notice to all these three private parties through their respective courts to show cause why the interim stay granted by the trial court be not vacated. Meanwhile, we stay the interim stay granted by the courts below ad-interim and permit the authorities to continue with the work of setting up of the sewage pumping station at Gounda-II. To come up for further consideration on 4th October, 1996. 13. So far as the ancillary work is concerned, Mr. Suri states that various Departments - DDA, NDMC, Delhi Cantonment Board, Railways, Police, Irrigation and Flood Department etc. have already held a joint meeting and have assured all assistance in the progress of this work. 14. Mr. Jaitley, learned Senior counsel states that efforts would be made to complete the work which is to be done by the DDA as per schedule. He states that most of the work are likely to be completed by March, 1997. The DDA may file a short affidavit indicating the progress made by 20th October, 1996. 15. Mr. Vijay Panjwani, learned counsel states that the project at Kondali, Tirlokpuri, is under construction by the DDA for the last 15 years and that the completion of this project is necessary for the efficient functioning of the STP. Mr. The DDA may file a short affidavit indicating the progress made by 20th October, 1996. 15. Mr. Vijay Panjwani, learned counsel states that the project at Kondali, Tirlokpuri, is under construction by the DDA for the last 15 years and that the completion of this project is necessary for the efficient functioning of the STP. Mr. Jaitley may include this aspect also in the affidavit which is likely to be filed by the DDA by 20th October, 1996. 16. We request Mr. Jain and Mr. J.K. Mathur to inspect the project and make a report to this Court. I.A. No. 22 Item 'G' 17. The report indicates that M/s. Oemga Speakers has also deposited the compensation amount. Learned counsel appearing for the industry states that the industry being a small unit could not collect the amount of compensation and as such there is a delay in depositing the amount. We condone the delay and discharge the contempt. Item 'H' 18. At the request of Mr. Suri, adjourned to 4.9.96. Item 'I' 19. Registry to give copies of the NEERI report to Mr. Ranjit KUmar and Mr. S Sukumaran, learned counsel within four days. List on 4th September, 1996. 20. Mr. Salve states that all the industrial areas have formed societies for the purpose of setting up of common CEPT except the following industrial areas: 1. Mangolpuri Industrial Area. 2. G.T. Karnal Road Industrial Area. 3. Rajasthani Udyag Nagar (SMA Indl, Area & SSS Indl. Area) 21. We direct the Delhi Pollution Control Committee to issue public notices regarding these industrial areas indicating that in case these industries fail to have the societies registered within two weeks of the public notice, they may be liable to be closed. The notice shall be published within a week and a report in this respect be filed in this Court. I.A. 32 Item J' 22. List on 4th September, 1996.