B.N.AGARWAL, G.B.PATTANAIK, UMESH C.BANERJEE
M. C. Mehta – Appellant
Versus
Union of India – Respondent
Judgment
BANERJEE, J.
( 1 ) ON 10/05/1996, this Court on a petition filed as a public interest litigation directed surrender of plots upon relocation of h categories industries - More than four years have passed since the date of the order - but regrettably the purpose of the order, to wit, to provide some open space and green verge for the benefit of the people of the capital city, stands unfulfilled and thus resultantly deprivation of lung space in the city. Laws delay in this sub-continent is not unknown in the adversarial litigation, but the situation should not and ought not to be similar in a public interest litigation more so when the same concerns environmental degradation: A rather sad state of affairs. It is on this perspective, however, that the person Interlocutory Application taken out by the DDA for direction on six key questions as mentioned in the petition shall have to be considered.
( 2 ) INCIDENTALLY, some entrepreneurs also moved certain other Interlocutory Applications, we do deem it fit however to record that the entrepreneurs application or any other matter or petition pending shall await the judgment and order in DDAs application.
( 3 ) BEFORE, however, procee
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