LexM.C. MEHTA versus UNION OF INDIA AND ORS.
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M.C. MEHTA
v.
UNION OF INDIA AND ORS.
MAY 10, 1996
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[KULDIP SINGH AND FAIZAN UDDIN, JJ.]
Delhi Development Act, 1957:
S. l IA(2)--Master Plan for Delhi-Shifting of hazardous/noxious/
C heavy/large i11dustries from the city of Delhi-Land becoming available by
shifting of industries-{]se of-Held owners/occupiers owning more than 2000
sq. mtrs. of land would surrender the part of lands as shown in the judgment
for the community need and would develop the remaining land in accordance
with the zoning regulations of the Master Plan-ft would be in confonnity with
the broader concept of
11con11nunity need" under the master plan, to pennit
D the owner to develop part of the land for his own benefit and surrender the
remaining land to the use of the community at large-Though housing, sport
activity and recreational areas ar_e part of 'conimunity need', the most impor-
tant community need which is wholly deficient and is needed urgently is to
provide for the 'lung spaces' in the city of Delhi in the shape of green belts
E and open space;-Totality of the land surrendered and dedicated to the
community by the owners/occupiers of the relocated/ shifted industries should
be used for the development of green belts and open spaces.
Environmental Law :
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Pollution caused by hazardous/noxious industries-Shifting of in-
dustries from the city of Delhi-Used of land becoming available on shifting
of industries-Directions given.
CIVIL ORIGINAL JURISDICTION
Interlocutory Application
G No. 22.
IN
Writ Petition (C) No. 4677 of 1985.
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Under Article 32 of the Constitution of India.
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M.C. MEHTA v. U.0.1.
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Petitioner-in-person and Ms. Seema Mirdha.
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Arnn Jaitly, Swaraj Kaushal, H.N. Salve, Anil B. Diwan, Gopal
Subramanian, N.N. Goswami, S.B. Sanyal, Ms. Shirla Sethi, D.N.
Goburdhan, Ms. Geeta Luthra, Saharaya & Co., R.K. Maheshwari, R.S.
Suri, Ms. Hamantika Wahi, S. Sukun1aran, R. Karanj\vala, Ravindra
Narain, Sumeet Kachwaha, Punit Singh, Bimal Ray, Ramji Srinivasan, J.B.
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Dadachandji, T.C. Sharma, Sushma Suri, Ranjan Mukherjee, Ramesh
Babu, M.R. for the appearing parties.
The following Order of the Court was delivered :
The Master Plan for Delhi - perspective 2001 (the Master Plan) as
approved by the Central Government under Section 11A(2) of the Delhi
Development Act, 1957 (the Act) was published in the Gazette of India on
. August 1, 1990. The Master Plan specifically provides that the hazard-
ous/noxious/heary/large industries are not permitted to operate in the city
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of Delhi and the existing industrial units falling in these categories are to D
be shifted/relocated. One of the questions for consideration in this inter-
locutory application is how and in what manner the land made available as
a result of the shifting/relocating of these industries is permitted to be used
by the owners/occupiers of the said land.
This Court on November 24, 1995 passed the following order :
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"The industries to be relocated are to be assisted in every possible
manner. The question of utilisation of the land available as a result
of shifting of these industries has also to be examined. ft is,
therefore, necessary to have interaction with various Depart-
ments/Governments. We are informed that primary assistance has
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to come from the national Capital Region Planning Board. We
direct the Member Secretary of the Board to be present in this
Court on 30th November, 1995 at 2 PM to assist us in this matter.
We further direct the Urban Affairs Ministry, DDA, NCT-Delhi
and MCD to depute a responsible officer each to be present in G
this Court on 30th November, 1995 at 2 PM."
Pursuant to the order quoted above, Mr. Omesh Saigal, Member Secretary,
National Capital Region Planning Board (the Board) and Mr. K. J. Al-
phons, Commissioner, Land Management, Delhi Development Authority
(DDA) personally assisted this Court on November 30, 1995. The assis-
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808
SUPREME COURT REPORTS [1996) SUPP. 2 S.C.R.
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lance rendered by these officers was noticed in the following words:
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"Mr. Sehgal states that the Planning Committee of the Board has
already framed a scheme (the scheme) regarding the re- use of the
land which is likely to be made available as a result of the shifting
of the industries from Delhi. The scheme is at present with the
DOA for consideration. We have requested Mr. Sehgal to prepare
a short note of what he has stated before us and place the same
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