Research › Browse › Judgment

Supreme Court of India · body

1996 DIGILAW 1951 (SC)

M. C. Mehta v. Union of India

1996-10-09

KULDIP SINGH, S.SAGHIR AHMAD

body1996
JUDGMENT : I.A.No. 18 Item 'A' 1. Pursuant to this Court's order dated September 25, 1996, Mr. D.C. Khanduri has placed on record the report which indicates that an area measuring 200 x 100 ft. is being taken from the School and added to the Ridge. This may be done within one month from today. Item B' Gurudwara behind Rajinder Nagar 2. Pursuant to this Court's order dated September 25, 1996 regarding religious institutions, Mr. Khanduri has placed his report on record. We have been taken through the report by Mr. Ranjit Kumar. According to the report, the Gurudwara Managing Committee has agreed to surrender the excess land as per the description in Sibal's Report. According to Mr. Khanduri, the excess area is 2308 sq. yds. and not about 2500 sq. yds. as mentioned in Sibal's report. The excess area as indicated in the Khanduri report be taken over by the Ridge Management Board, within one month. Durga Mandir 3. Khanduri Report states that Mr. Kapoor, President of the Managing Committee of the temple has agreed with the recommendations of the Sibal Committee. An area of 3018 sq. yds. shall be retrieved from the Durga Mandir. This maybe done by the Ridge Management Board within one month. Mahila Ashram and Arya Gurukul 4. Sibal Committee recommended that the approach road which covers an area of 650 sq. yds. adjoining to the Ashram should be closed. Mr. Khanduri has also recommended that the area comprising the road be closed and merged with the ridge. The Ridge Management Board to issue notice to the Ashram to show cause to this Court on October 30, 1996, why the area indicated in the Khanduri Report be not taken over from the Ashram and added to the Ridge. Notice be given before October 14, 1996. It may be further indicated that if they have to raise any objection, they may do so before this Court on October 30, 1996. Sacha Ashram Sauda Gurudwara 5. Mr. Khanduri in his report states that the Committee has not been able to meet the representative of the Delhi Gurudwara Prabhandhak Committee. Mr. Khanduri has asked for two weeks' time. Meanwhile we direct that a notice be issued to one Mr. Balbir Singh, indicating that he is in unauthorised occupation of the Ridge Land. Copy of Sibal's report be sent along with the notice. Mr. Khanduri has asked for two weeks' time. Meanwhile we direct that a notice be issued to one Mr. Balbir Singh, indicating that he is in unauthorised occupation of the Ridge Land. Copy of Sibal's report be sent along with the notice. It may be indicated that the religious scriptures etc. be shifted to the main Gurudwara, which is 150 yds. away and the unauthorised structure should be demolished and handed over to the Ridge Management Board. It may also be indicated that if they wish to raise any objection, they may do so before this Court on October 30, 1996. Notice shall be given by the Ridge Management Board by October 14, 1996. Meanwhile Khanduri Committee may meet the representative of the Delhi Gurudwara Prabhandhak Committee as indicated by Mr. Khanduri in his report. 6. To come up on October 30, 1996. Ram Tirath Temple & another Temple of Rajinder Nagar 7. Mr. Khanduri Committee has suggested that the area of these two temples be got vacated because it is an encroached area. The report further states that the so-called temple is without any roof and the adjoining temple has only asbestos sheets and without any walls. Learned counsel appearing for the residents of the area states that the encroachment is made on the Ridge area. According to the learned counsel the area should be got vacated. It is further stated that some litigation is going on in the Subordinate Courts as well as in the High Court. We issue notice through the Ridge Management Board to show cause why they be not dispossessed and removed from the area. The notice be given by October 14, 1996 by the Ridge Management Board. In the notice it may also be indicated why the proceedings before the Subordinate Courts and the High Court be not stayed. The occupants shall show cause to this Court on October 30, 1996. 8. To come up on October 30, 1996. Shiv Mandir 9. The Khanduri Report indicates that there is no excess land with the temple. Baba Asa Ram Ji 10. According to the Sibal's Report and the Khanduri Report, the Management is in unauthorised possession of the total area. Khanduri Report indicates that the Management has filed Writ Petition No. 3314/1995 in the Delhi High Court. The report further states that this Court may consider leaving an area of 190 ft. x 170 ft. Baba Asa Ram Ji 10. According to the Sibal's Report and the Khanduri Report, the Management is in unauthorised possession of the total area. Khanduri Report indicates that the Management has filed Writ Petition No. 3314/1995 in the Delhi High Court. The report further states that this Court may consider leaving an area of 190 ft. x 170 ft. with the Management which comprises temple portion, office and residence and Tree Parikarma. The report further states that the remaining area may be retrieved to the Ridge. We issue notice to the Management through the Ridge Management Board to show cause why the excess area as indicated by the Khanduri Report be not taken over from the Management. The Management may raise any objection, if they so wish, before this Court on October 30, 1996. Copy of the Khanduri Report be given to the Management, if not already given. 11. To come up on October 30, 1996. Item 'C' 12. Mr. N.N. Goswamy, learned counsel appearing for the Land & Development Office has placed on record a letter dated May 7, 1996, addressed to SMt. Prakash Kaur which is in the following terms: "Madam, I am directed to inform you that it has been decided to allot you a built up fuel depot measuring 61.504 sq. mts. in the Shopping Centre, M.B. Road, Sector-1, New Delhi, in lieu of site unauthorisedly occupied by you at Mandir Marg, New Delhi. The site in question is shown red on the plan annexed. In case you want to change your business, a built up shop can instead be allotted in one of the Government Colonies viz., M.B.Road, Mohammadpur, Munirka or Sadiq Nagar, New Delhi. The allotment in either case will be on licence fee basis for the present. Other terms and conditions of allotment will be conveyed to you separately". Mr. Kuldip Singh s/o Smt. Prakash Kaur is present in Court. Mr. Kuldip Singh states that Civil Writ Petition No. 330/93 is pending in the Delhi High Court. He further states that the statuesque regarding possession was granted, but despite that the construction has already been demolished by the Authorities. He, however, states that they are still occupying the area nearby. Be that as it may, 61.50 sq. metrs built up fuel depot having been allotted to Smt. Prakash Kaur in the shopping centre, she cannot be permitted to encroach on any public land. He, however, states that they are still occupying the area nearby. Be that as it may, 61.50 sq. metrs built up fuel depot having been allotted to Smt. Prakash Kaur in the shopping centre, she cannot be permitted to encroach on any public land. We give time to Smt. Prakash Kaur to vacate the present place in her possession by March 31, 1997, failing which she shall be removed from the area. Although, in view of the order quoted above, the interim order granted by the High Court has become infructuous, we do not wish to comment either way. 13. Copy of this order be sent to the High Court for its record.