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1996 DIGILAW 2077 (SC)

M. C. Mehta v. Union of India

1996-10-29

KULDIP SINGH, S.SAGHIR AHMAD

body1996
JUDGMENT : Office Report Item A. 1. Pursuant to this Court's order dated Oct. 24, 96 the concerned officers are present in Court. Mr. K.N. Bhatt, Addl. Solicitor General appearing for the Union of India and for the Planning Commission states that the matter is likely to be discussed between the Planning Commission & the Union of India. He seeks short adjournment. 2. To come up on 18th Nov. 96. Item B. 3. Pursuant to this Court's order dated October 8, 96 Mr. J.L. Raina, Executive Director, Mathura Refinery has filed an affidavit dated October 29, 96. Operative part of the affidavit is as under: "...... That after visiting various sites a plot of land admeasuring about 5 acres bearing Khasra No. 170 at Village Navada on the National Highway No. 2 about 3 Kms. from the Refinery Township towards Delhi on the outskirts of Mathura Town was found to be suitable and has, therefore been selected for the setting up of the Hospital. This site was selected in consultation with the District Administration. The title verification and other formalities are being carried out. The owners of the said land have also expressed their willingness to sell the said land to the IOC. The District Administration has assured full cooperation in getting the said land transferred in favour of the IOC as early as possible. As things stand today, the said land is expected to be transferred to IOC by the end of November, 1996. In case the Refinery faces any problem in acquiring the said land it will approach this Hon'ble Court for appropriate directions and relief. It may further be mentioned that M/s Hospital Services Consultancy Corporation (India) Ltd., a Government of India Enterprise has been awarded the job of preparing the project report. The Mathura Refinery is taking all appropriate steps to complete the project in the shortest possible time." 4. Mr. Reddy, Addl. Solicitor General appearing for the Oil Corporation Ltd. states that a short affidavit indicating the time schedule within which the 50 bed hospital is to be constructed and commissioned shall be filed in this Court within three weeks. 5. To come on 18th Nov., 96. Item C. 6. Mr. Sehgal, Ld. Counsel for the State of U.P. States that the matter of rehabilitation of the brick kiln operators is under consideration of the Govt. 5. To come on 18th Nov., 96. Item C. 6. Mr. Sehgal, Ld. Counsel for the State of U.P. States that the matter of rehabilitation of the brick kiln operators is under consideration of the Govt. He states that four departments are involved and the matter is being examined. So far as the utilisation of fly ash is concerned Mr. Sehgal states that an affidavit shall be filed within two weeks. 7. Adjourned for 18th Nov., 96 at 2 P.M. Item D. 8. Pursuant to this Court order dated 10th April, 96 Mr. Sehgal appearing for the State of U.P. states that the construction of by-pass is ahead of schedule. We appreciate the statement made on behalf of the State of U.P. 9. To come up on 16th Dec., 96. 10. This Court on August 7, `96 passed the following order: "....Mr. M.C. Mehta on April 15, 1996 placed on record Notification No. So 1764 dated June 16, 1972 which was issued under Rule 32 of the Ancient Monuments & Archaeological Sites and Remains Rules, 1959 whereunder construction within 200 in. of a protected monument is prohibited. By the order dated April 15, 1996, we stayed all construction within 200 in. of Taj Mahal. One of the constructions which is being done within the 200 m. of Taj Mahal is a Police Station. There may be some other encroachers occupying this area. We direct that all those who are occupying any part of land within 200 m. of Taj Mahal shall be removed from that area, by force, if necessary within three months from today. We direct the police authorities to demolish all the construction made by them within 200 m. of Taj Mahal. We direct the District Magistrate/Collector and the Supdt. of Police of Agra to have this area vacated and hand it over to the Archaeological Survey of India. We are informed that within the area of 200 m. there is an ancient mosque. The mosque which has a boundary area, shall not be touched. Any construction within the boundary wall of the mosque shall also not to be touched. ...." Agra Cantt Constituency, U.P. is personally present in the Court. He states that there are large number of constructions including religious constructions within 200 mts. area of Taj Mahal. According to him most of the construction area not illegal and the occupants are not encroachers. Mr. ...." Agra Cantt Constituency, U.P. is personally present in the Court. He states that there are large number of constructions including religious constructions within 200 mts. area of Taj Mahal. According to him most of the construction area not illegal and the occupants are not encroachers. Mr. Agarwal, Counsel appearing for some of the residents and occupants has also supported Mr. Mehra. 11. Mr. Sehgal, Ld. Counsel for the State of U.P. states that the constructions which were made after 16th June, 92 are in the process of demolition. He further states that so far as other constructions are concerned the matter is being examined by the U.P. Govt. and necessary applications, if necessary, shall be moved in this Court for appropriate orders.