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1996 DIGILAW 2524 (SC)

M. C. Mehta v. Union of India

1996-12-17

KULDIP SINGH, S.SAGHIR AHMAD

body1996
JUDGMENT : 1. Mr. Swaraj Kaushal, learned counsel for the Government of NCT Delhi and the Delhi Pollution Control Committee states that there are two problems facing the projects relating to the construction of Common Effluent Treatment Plants (CETPs). The first problem highlighted by the learned counsel is regarding the land which has been earmarked by NEERI for the location of the CETPs. The details of the lands identified by the NEERI for the 15 CETPs. Are as under: S.No. Location of Indl. Estate Land Available in Sq. Mtrs. (Approx.) Land Agency 1. Anand Parbat 10981.00 Delhi Admn. 2. Badli 7000.00 Director (Industries) D.A. 3. Nangloi 6059.85 DDA 4. GT Karnal 2646.00 DDA 5. Jhilmil 8118.00 DDA 6. Lawrence Road 3542.00 DDA 7. Mangolpuri Phase-I 1800.00 DDA 8. Mayapuri Phase-I 5400.00 DDA 9. Mohan Co-op. Extn Block-B 6824.00 DDA 10. Najafgarh Road 3000.00 Swatantra Bharat Mills 11. Naraina Phase-I 9620.00 DDA 12. Okhla Indul. Area Phase -I 10834.00 DDA 13. Okhla Indl. Estate. 1310.00 Director of Industries. D.A. 14. SMA Indl. Area 727.00 DDA 15. Wazirpur 12317.00 DDA 2. The 11 plots of land belong to the DDA. Mr. V.B. Saharya, learned counsel for the DDA states that the price of the land has to be determined by the Lt. Governor of Delhi. We agree with him. Keeping in ,view the urgency of the matter, we direct the DDA to hand over the land identified by the NEERI or any other land as a substitute which NEERI may identify, to the Commission (Industries), Government of NCT Delhi, before February 15, 1997. The possession shall be handed over to the Commissioner (Industries) free from all encroachments and encumbrances. We further direct that the Government of NCT Delhi shall pay the price of the land as determined by the Lt. Governor, Delhi. The Lt. Governor is the Chairman of the DDA and also the Executive Head of the Government of NCT, Delhi. We have no doubt that he will keep the balance between the two. 3. The three lands are owned by the Government of NCT Delhi. The NCT Delhi shall hand over possession of these lands to the Commissioner (Industries), before February 15, 1997. 4. So far as the one piece of land which is owned by Ms. We have no doubt that he will keep the balance between the two. 3. The three lands are owned by the Government of NCT Delhi. The NCT Delhi shall hand over possession of these lands to the Commissioner (Industries), before February 15, 1997. 4. So far as the one piece of land which is owned by Ms. Swatantra Bharat Mills, is concerned, the land has to be surrendered to the DDA in terms of this Court's order in I.No. 22 in this Writ Petition, dated May 10, 1996. In terms of the said order, the land has to be kept green. Mr. P.C. Jain states that he, in consultation with NEERI, would find alternative land for this purpose. We make it clear that this should be done within two weeks from today and whatever land is selected finally for the setting up of CETP for the Najafgarh Road Project, the possession thereof shall be handed over to the Commissioner (Industries) by February 15, 1997. 5. The second problem relates to the fund. Mr. Kaushal states that the share of the Government of NCT Delhi shall be deposited with the Delhi State Industrial Development Corporation (DSIDC) before January 31, 1997. Mr. Malhotra, learned counsel for the Union of India states that the Government of India shall deposit its share within one week of the deposit by the Government of NCT Delhi. 6. Keeping in view the statement of Mr. Malhotra, the Union of India shall deposit their share of the money before February 10, 1997. We have no doubt, as stated by Mr. Altaf Ahmad, learned counsel for the IDBI, on the last hearing, that the IDBI shall deposit its share immediately after February 10, 1997. We direct the IDBI to deposit its share with the DSIDC before February 20, 1997. 7. The third problem placed before us is regarding the time-schedule for the construction of these projects. We do not wish to lay down any time-schedule as at present. We request the Lt. Governor, Government of NCT Delhi, who is taking keen interest in environmental protection so far as Delhi Territory is concerned, to fix a time-schedule for the construction of these Projects and issue necessary directions. 8. This Court is monitoring all the 15 Projects which include the Project pertaining to Wazirpur Industrial Estate. We request the Lt. Governor, Government of NCT Delhi, who is taking keen interest in environmental protection so far as Delhi Territory is concerned, to fix a time-schedule for the construction of these Projects and issue necessary directions. 8. This Court is monitoring all the 15 Projects which include the Project pertaining to Wazirpur Industrial Estate. It is not disputed that the industries operating in the said Estate have already deposited some money with the Delhi Water Supply Undertaking. The learned counsel for the Wazirpur Industries states that the amount is more than 1 crore. We are of the view that the amount already with the Undertaking may be adjusted towards the share of the industries of Wazirpur towards the construction of the CETP. 9. The Chief Secretary, Government of NCT Delhi shall examine this matter and take a decision in the light of the suggestions given by us. I.A. NO. 35 in W.P. (C) 4677/1985 10. List on December 18, 1997. 11. List the matter relating to Child Labour on December 18, 1997.