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1996(4) Supreme 535
SUPREME COURT OF INDIA
Kuldip Singh and Faizan Uddin, JJ.
M.C. Mehta -Petitioner
versus
Union of India & Ors. -Respondents
Interlocutory Application No. 22
In Writ Petition (Civil) No. 4677 of 1985
Decided on 10-5-1996
Held that the land which would become available on account of shifting/relocation of the industries can only be used for making up the deficiency, as per the needs of the community, based on the norms given in the Master Plan. If any land or part of the land, so vacated is not needed for community services it can be used as per the prescribed land use. (Para 5)
Further held : The most vital "community need" as at present is the conservation of the environment and reversal of the environmental degradation. There are virtually no "lung spaces" in the city. The Master Plan indicates that "approximately 34 percent of recreational areas have been lost to other uses". We are aware that the housing, the sports activity and the recreational areas are also part of the "community need" but the most important community-need which is wholly deficient and needed urgently is to provide for the "lung spaces" in the city of Delhi in the shape of greenbelts and open spaces. We are, therefore, of the view that totality of the land which is surrendered and dedicated to the community by the owners/occupiers of the relocated/shifted industries should be used for the development of greenbelts and open spaces. (Para 6)
After leaving the part of the land with the owner for developing the same in accordance with the permissible land-use under the Master Plan the remaining land should be surrendered to the Delhi Development Authority (DDA) for developing the same to meet the community needs. When the Master Plan permits the use of the land only to meet the community-needs, it obviously means that the land has to be surrendered and dedicated to the community. While meeting the community needs it is necessary to make suitable provision for the owner to enable him to meet the expenses of relocating/shifting the industry. It would, therefore, be in conformity with the broader concept of "community need" under the Master Plan, to permit 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. (Para 7)
ORDER
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 hazardous/ noxious/heavy/large industries are not permitted to operate in the city of Delhi and the existing industrial units falling in these categories are to be shifted/relocated. One of the questions for consideration in this interlocutory 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.
2. This Court on November 24, 1995 passed the following order :-
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. It is, therefore, necessary to have interaction with various Departments/Governments. We are informed that primary assistance has 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 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. Alphons, Commissioner, Land Management, Delhi Development Authority (DDA) personally assisted this Court on November 30, 1995. The assistance rendered by these officers was noticed in the following words :-
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 DDA for consideration. We have requested Mr. Sehgal to prepare a short note of what he has stated before us and place the same on the record for our assistance. He may do so within 2 days from today. On behalf of the DDA, Mr. K.J. Alphonse, Commissioner Land Management is present. He states that the Scheme sent by the Board is at present under consideration of the DDA. He further states that after the Scheme is finalised it would be sent to Urban Development Ministry, Government of India for finalisation. We have requested Mr. Alphonse to place the Scheme before this Court along with a note. He may do so within 2 days."
On December 13, 1995 this Court passed the following order :-
"Pursuant to this Court order dated November 30, 1995 Mr. K.J. Alphons has placed on record the proposed scheme regarding utilisation of land which would be available in the event of re-location of the hazardous/ noxious/large scale industries from Delhi. The scheme has been discussed with learned counsel appearing for various industries. We are of the view that it would be useful for the representatives of the industries to have discussion with the Committee which is to finally examine the proposed scheme. Mr. P.C. Jain, Additional Commissioner, DDA who is present in the Court has explained to us various aspects of the scheme. He is agreeable to the proposal that 5/10 representatives of the industries may place the suggestions/objections of the industries to the proposed scheme before the Committee. The representatives of the industries may file their written suggestions before Mr. Jain within one week from today. Thereafter, Mr. Jain will inform them about the date when the Com mittee is likely to meet. It would be desirable that the Committee meets before the end of this year. In any case, the meeting must take place before 10th January, 1996 because all these matters have been listed for final hearing on that date. In any case, Mr
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