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1996 DIGILAW 1808 (SC)

M. C. Mehta v. Uniion of India

1996-09-25

KULDIP SINGH, S.SAGHIR AHMAD

body1996
JUDGMENT : (A) I.A. 32: Reg. Ground Water Level 1. Pursuant to this Court's order dated September 4, 1996 NEERI has placed on record its examination report under the heading "Water Resource Management in India: Present Status and Solution Paradigm". A copy of the report has been given to the learned counsel for the Union of India. We direct the Government of India through Ministry of Water Resources to give its response to the NEERI report and in particular paragraphs 4.1, 4.2, 4.4, 4.5, 5, 6 and 7. 2. To come up on 9th October, 1996. (B) I.A. 22: Reg. Industries running in residential areas of Delhi/New Delhi. 3. Mr. Kaushal, learned counsel for the NCT, Delhi Administration states that the process of screening the industries which are running in the residential areas of Delhi is almost complete. He states that the data is being compiled. He further states that he would be in a position to place a clear position in this Court within a week. 4. To come up on 9th October, 1996. (C) Reg. Hot Mix Plants 5. To come upon 27th September, 1996. I.A. 18: (D) D.I. Khan Senior Secondary School. 6. Pursuant to this Court's order dated September, 1996 Mr. Khanduri, Secretary of the Ridge Management Board has submitted his report regarding the D.I. Khan Senior Secondary School. The report is as under: "In pursuance of the above directions, spot inspection was carried out, after informing the Management of the School as per direction of this Hon'ble Court. The additional area allotted to the school in 1966 was got marked on the ground. It will be worthwhile to mention that this additional area of about 2 acres is in shape of a rectangle, having length of 345 feet and width of 225 feet. Thus the area in additional land works out to 8625 sq. yards, which is less than two acres. A field sketch of the area (not to the scale) is attached with this report. It will be seen that a small nala passes through this land and cuts it into two unequal halves. On inspection it was observed that this smaller half, which is in shape of a triangle and has an area of 2415 sq. yards is part of the natural forest, and is not being used by the school for playground or any other purpose. On inspection it was observed that this smaller half, which is in shape of a triangle and has an area of 2415 sq. yards is part of the natural forest, and is not being used by the school for playground or any other purpose. The area has rocky outcrop and merges with the ridge forest. However, the another half which is in shape of a Trapezium and has the balance area of 6210 sq. yards is being used by the school for playgrounds, of Basketball, Kabaddi etc. It is more or less flat with very less slope and therefore this area merges with the original area of 4.5 Acre. In fact the land and its land use of this part of the additional area is in no way different than the unbuilt area of the original land of 4.5. Acre, and it is difficult to separate the two on visual inspection." 7. We have heard learned counsel for the school. We direct the school to retain possession of 6210 sq. yds as indicated by Mr. Khanduri in the field sketch attached with the report. The remaining area which has been marked as 'B' in the sketch shall be taken over by the Ridge Management Board and added to the ridge. The Ridge Management Board shall take over this area within one month, fence it and plant the trees, if necessary. (E) Harcourt Butler School 8. Regarding Harcourt Butler School, Mr. NN Goswami states that area ad measuring 3 acres was allotted to the school. He has placed the copy of the lease deed alongwith the report. A copy of the lease deed is given to the learned counsel for the Ridge Management Board. We direct Mr. Khanduri to inspect the school area and file a report indicating how much area in excess of the allotment is under the possession of the school. This may be done within two weeks. 9. To come up on 9th October, 1996. (F) Reg. Religious Institutions 10. This Court by the order dated July 26, 1996 requested three senior lawyers of this Court namely Mr. Kapil Sibal and Mr. Arun Jaitley and Mr. Krishan Mahajan, to visit the ridge area, contact the managements of various religious institutions in possession of the ridge area and find out whether any area can be retrieved by agreement. We have two reports before us. One by Mr. Kapil Sibal and Mr. Arun Jaitley and Mr. Krishan Mahajan, to visit the ridge area, contact the managements of various religious institutions in possession of the ridge area and find out whether any area can be retrieved by agreement. We have two reports before us. One by Mr. Kapil Sibal and Mr. Arun Jaitley and the other by Mr. Krishan Mahajan. Mr. Krishan Mahajan has by and large agreed with the other report except Item 7 "Encroachment by Baba Asa Ram Ji". Copies of these two reports be given to Mr. Khanduri, Secretary, Ridge Management Board. Mr. Khanduri alongwith Mr. B.L. Nimesh, L & D.O. and Mr. US Jolly, D.D.A. shall contact the management of these religious institutions and hand over copies of the reports to them. So far as Sacha Sauda Gurudwara is concerned, Sibal report has suggested two alternatives. We propose to accept the first alternative. Mr. Khanduri and party shall contact the Delhi Gurudwara Prabhandhak Committee and apprise the Committee about the report. Mr. Khanduri shall after consulting the Committee, advise this Court regarding the action to be taken in this respect. So far as Dera Baba Asa Ram Ji is concerned, we propose that the area comprising the temple, the trees and some reasonable area around the complex be left to the management and the remaining area to be taken over from the Dera. Mr. Khandun shall discuss the matter with the management by bringing the two reports to its notice. Report to be filed before the next hearing. 11. To come up on 9th October, 1996. Reg. Petrol Pumps 12. List on 1st October, 1996.