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1996 DIGILAW 232 (SC)

M. C. Mehta v. Union of India

1996-01-25

FAIZAN UDDIN, KULDIP SINGH

body1996
JUDGMENT : 1. Pursuant to this Court's Order dated 3.1.1996 various reports asked by this Court have been placed on record. So far as 63 institutions occupying the Ridge area under the authorisation of Ministry of Urban Affairs is concerned, Sh. B L Nimesh Land and Development Officer has filed an affidavit and along with the affidavit list of the institutions in the Central Ridge area has been annexed. Mr. Ramesh Tiwari, the Forest Settlement Officer is present in Court. On our suggestion, he states that he would fix the objections filed by these institutions for hearing within the next week or 10 days and thereafter, he would file a report in this Court. We direct the Land Development Officer to send individual notices to all these 63 institutions indicating that they should appear before the Forest Settlement officer, in respect of their objections already filed under Section 9 of the Forests Act, at 10.30 AM on 31.1.96. The Forest Settlement Officer shall indicate as to which of the parties are to be heard on that date and for remaining parties he shall give consecutive dates. The Forest Officer shall file its report after hearing objections of each of the parties after 15 days thereafter. 2. It will be useful to mention that under the Forests Act, two opportunities were given to all those, who are occupying land in the Ridge area, to file objections. One opportunity-was given under Sections 4 and 6 of the Act and subsequently, under Section 9 of the Act. The parties who have not filed any objections they cannot be given any further time to file the objections. Religious Institutions 3. Mr. Alphonse has placed on record status report regarding 11 religious institutions on the Ridge. Mr. Alphonse, who is present in Court, states that these religious places are existing in the Ridge area for over a period of 15-20 years. Some of the religious places are operating for the last 40-50 years. We have suggested to Mr. Alphonse to persuade these religious institutions to voluntarily relocate to some other land which may be offered to them along with other facilities regarding the construction of the buildings etc. on the relocated land. The report further indicates that apart from the actual built up area, open area has also been cordoned off and taken into possession by various institutions: We direct the DDA through Mr. on the relocated land. The report further indicates that apart from the actual built up area, open area has also been cordoned off and taken into possession by various institutions: We direct the DDA through Mr. Alphonse to have the open area retrieved-from the religious institutions. We further direct the DDA that so far as the actual operational area under the possession of these religious institutions is concerned, that should be barbed/walled, so that there is no further encroachment. The work must commence within two weeks from today. Construction at Todapur Dasgarh, Islam Nagar, Mehrauli 4. Mr. Alphonse has filed an affidavit wherein he has given the assessment of the unauthorised construction in Todapur Dasgarh at Islam Nagar, Mehrauli. It will be useful to reproduce paragraph 2 and 3 of the affidavit which are as under: "An assessment of unauthorised constructions in Todapur Dasgarh and at Islam Nagar Mehrauli has been made. There are 522 unauthorised structures on encroached DDA land at Todapur Dasgarh. The above structures have come up over the past 20 years. They occupy an area of 12 acres. There are 2800 semi-pucca structures in Islam Nagar Colony occupying an area of 5 acres. As the total population involved in both the colonies together would be over 20,000 if any demolition is attempted, there would be serious law and order problem. Both these colonies are very old, therefore, it will be inhuman to evict them without providing any relocation sites. As per Govt. Policy it is not possible to provide any relocation sites to these encroachers as they are not eligible for relocation sites. Considering the above facts, this Hon'ble Court had ordered as follows:- "DDA shall indicate the vacant area adjoining to the ridge owned by the DDA to be included for the purpose of afforestation in lieu of the area which is occupied by pucca and semi-pucca structures. The area selected should be adjoining to the ridge area." DDA has located an area of 17.5 hect. of land at Nanak Pura, opposite Nanak Pura Gurduwara, adjacent to the ridge, which can be taken up for compensatory afforestation." 5. We accept the suggestion that the area of 17.5 hectare of land at Nanak Pura opposite Nanak Pura Gurudwara, adjacent to the Ridge be taken up for compensatory afforestation. We direct the DDA to include this area of 17.5 hectares to the Ridge with immediate effect. Mr. We accept the suggestion that the area of 17.5 hectare of land at Nanak Pura opposite Nanak Pura Gurudwara, adjacent to the Ridge be taken up for compensatory afforestation. We direct the DDA to include this area of 17.5 hectares to the Ridge with immediate effect. Mr. Alphonse states that so far as the area occupied by the two colonies is concerned, the same has already been fenced by the DDA. He says, if there are any gaps, those will be repaired. We direct the DDA and the Forest Settlement Officer to commence the necessary procedure for including the area measuring 17.5 hectares in the Ridge area. We further direct the DDA that without waiting for the procedure to be followed for including the area in the Ridge, the work of afforestation be commenced within two weeks from today. Needless to say that while doing afforestation the fencing of the area shall also be done by the DDA. Asola Wildlife Sanctuary 6. We have been taken through the report on relocation of jhuggis in Asola Wildlife Sanctuary. We agree with Mr. Khanduri's suggestion that the Ridge Management Committee should consider this report and give its response to this Court within two weeks from today. Gaon Sabha Land 7. We have heard learned counsel for NCT, Delhi Administration regarding the Gaon Sabha area forming part of the Ridge. Learned counsel states that various proposals regarding handing over the Gaon Sabha area (part of the Ridge) to the Forest Department have been examined by a Committee appointed by the Administration. Finally, the committee has taken a decision that a Notification under Section 35 of the Indian Forests Act 1927 be issued. We are of the view that the Notification under Section 35 will not solve the problem which we are facing. The learned counsel states that the Committee was of the view that the provisions of Section 154 of the Delhi Land Reforms Act, 1954 are not attracted because in view of the expression "on the commencement of the Act" in Section 154, power under the proviso to Section 154 could only be exercised at the time of-the commencement of the Act and not thereafter. That may be one way of the looking at the Section but since it is for the first time that a committee has been appointed to examine this aspect and it was never examined earlier by the Delhi Administration at any point of time, we are prima facie of the view that the provisions of Section 154 can even now be invoked especially when it is crystal clear that this area is of no utility to the Gaon Sabha and in any case cannot be permitted to be used by Gaon Sabha for any purpose. This is Ridge area which has to be preserved. No cultivation or any type of construction can be permitted on this area. In this view of the matter, we request the committee to reconsider the question of issuing a notification under the provisio to Section 154 of the Act. 8. Mr. Khanduri in his affidavit has stated that a suit titled Zile Singh v. Raj Kumar and Ors., bearing No. 1662 of 1989 is pending before the Court of Sh. Laxman Dass Maul, Additional District Judge, Room No. 8, Tis Hazari Courts. In the suit, it is claimed that the land in dispute is the 4 private property of the father of the plaintiff and the vesting of the land in the Gaon Sabha is illegal. We direct Sh. Laxman Dass Maul, Additional District Judge, Tis Hazari Courts to finally decide the suit 4 pending (initially in the High Court and later on in his Court) for the last about 7 years, within three months from today. Even ii it is necessary for him to take day-to-day proceedings, he shall do so. The Additional District Judge shall file a compliance report in this Court after three months. 9. It is further stated that some sort of litigation is pending in the Court of Civil Judge, Room No. 268, This Hazari initiated by one Jattan Singh, Decree-holder seeking passage through Wildlife Sanctuary. The learned Civil Judge shall send a report to this Court within one week as to what type of suit is pending and what proceedings are being undertaken. 10. One, Mr. Gurmohan Singh has filed an application against Union of India in the Court of Mr. N N Kaushik, Civil Judge, Tis Hazari Court for issuing directions to restrain them from constructing the boundary wall. 10. One, Mr. Gurmohan Singh has filed an application against Union of India in the Court of Mr. N N Kaushik, Civil Judge, Tis Hazari Court for issuing directions to restrain them from constructing the boundary wall. The learned Civil Judge shall dispose of the application within four weeks of the receipt of this order and file a report to this Court. If there is no interim stay granted by the Civil Judge, we direct the NCT, Delhi Administration to go ahead with the construction of boundary wall/barbed wire. 11. Copies of this order shall be communicated by the Ridge Management Board to the Courts concerned. Water Reservoirs on the Ridge 12. We have been taken through the affidavit dated 15.1.96 of Sh. S K Bhasin, Superintending Engineer, the Delhi Water Supply and Sewage Disposal Undertaking (DWS & SDU) regarding the reservoirs and water installations on the Ridge area. We are satisfied that these installations are of public utility purpose and are essential. Mr. Mathur states that he along with Mr. Krishan Mahajan shall inspect the area once again and see if there is any extra area taken over by the Undertaking, the same shall be reconsidered and added to the Ridge. Hindu Rao Hospital 13. We have been taken through the affidavit of Sh. D P Singh, Director, Horticulture, Municipal Corporation, Delhi regarding Hindu Rao Hospital in the Northern Ridge. It is stated in the affidavit that the hospital initially started as a 16 bed small nursing home in 1911 and it has expanded to 980 bed hospital. It is stated that the hospital has 22.50 acres of land under its control. Some part of the land is also kept for expansion purposes. We direct the hospital that no further construction shall be made on any of the vacant area around the hospital, which is a part of the Ridge. We request Mr. Mathur and Mr. Krishan Mahajan to inspect the area and file a report in this Court within two weeks indicating whether there is possibility of retrieving any area back to the Ridge from the hospital. South Central Ridge 14. Mr. D P Singh has further stated that so far as South Central Ridge is concerned, there were 268 kuchha, semi-pucca, and pucca structures on this site. I/ 3 of the area was under unauthorised encroachment. South Central Ridge 14. Mr. D P Singh has further stated that so far as South Central Ridge is concerned, there were 268 kuchha, semi-pucca, and pucca structures on this site. I/ 3 of the area was under unauthorised encroachment. He states that about 7 acres of the land has been retrieved by demolishing unauthorised structures. So far as the remaining 5 acres is concerned, there are 197 structures which are there for a very long time and it may not be possible to demolish the structures without offering some alternative accommodation to the persons who are occupying the area. We request Mr. P C Jain, present in Court to kindly visit the area and file a report in this Court within one week as to whether these structures can be demolished, if not, then where these persons can be relocated. Mr. Jain can have the assistance of any authority while doing survey of this area. 15. List on 22.2.1996.