M. C. Mehta vs Union of India - 2006 Supreme(SC) 1196

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2006 Supreme(SC) 1196

M. C. Mehta – Appellant
Versus
Union of India – Respondent

JUDGMENT

Kapadia, J.—Delay condoned in I.A. No. 443 in I.A. No. 431 in W.P. (C) No.13381/84.

2. A purported vertical difference of opinion in the administrative hierarchy in CBI between the team of investigating officers and the law officers on one hand and Director of Prosecution on the other hand on the question as to whether there exists adequate evidence for judicial scrutiny in the case of criminal misconduct concerning Taj Heritage Corridor Project involving 12 accused including former Chief Minister has resulted in the legal stalemate which warrants interpretation of Section 173(2) Cr. PC.

BACKGROUND FACTS :

3. On 25.3.2003, the Uttar Pradesh Government started a project known as Taj Heritage Corridor Project (hereinafter referred to as "the project") to divert the Yamuna and to reclaim 75 acres between Agra Fort and the Taj and use the reclaimed land for constructing food plazas, shops and amusement activities in terms of development of Heritage Corridor for Taj Trapezium Zone (hereinafter referred to as the "TTZ") at Agra. This led to the filing of an I.A. No. 387 in Civil Writ Petition No. 13381/84 pending in this Court. Vide Order dated 16.7.2003 this Court observed that, i