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2018 Supreme(SC) 1698
SUPREME COURT OF INDIA
MADAN B. LOKUR, DEEPAK GUPTA, JJ.
M.C.Mehta - Petitioner
Versus
Union of India & Ors. - Respondent
Writ Petition(s)(Civil) No. 4677 of 1985
Decided On : 24-08-2018
Advocate Appeared:
For the Petitioner:Mr. Ranjit Kumar, Sr. Advocate (A.C.) Mr. A.D.N. Rao, Advocate (A.C.) Ms. Anitha Shenoy, Advocate (A.C.) Mr. Sudipto Sircar, Adv. Ms. Srishti Agnihotri, Adv. Ms. Saumya Singh, Adv. Ms. Remya Raj, Adv. Mr. Rahul Mishra, Adv.
For the Respondent:Mr. A.N.S. Nadkarni, ASG Mr. S. Wasim A. Qadri, Adv. Mr. D.L. Chidanand, Adv. Mr. Ritesh Kumar, Adv. Ms. Suhasini Sen, Adv. Mr. R. Bala, Adv. Mr. Sachin Sharma, Adv. Mr. Pranay Ranjan, Adv. Ms. Aarti Sharma, Adv. Mr. A.K. Kaul, Adv. Mr. Raj Bahadur, Adv. Mr. G.S. Makker, AOR Mr. B.V. Balram Das, Advocate Ms. Anil Katiyar, Advocate Mr. D.N. Goburdhun, Advocate [NP] Mr. Vijay Panjwani, Adv. Mr. Praveen Swarup, Advocate [NP] Ms. Garima Prashad, Advocate [NP]
Strict compliance with court directions to stop illegal industrial activity and appointment of responsible officers for oversight and compliance.
Headnote:
Unauthorized Constructions - Urban Development - [Monitoring Committee, M.C. Mehta v. Union of India & Ors. (2004) 6 SCC 588] - The court discussed the unauthorized constructions in various areas and the failure of authorities to take action against them. The court emphasized the need for compliance with the directions to stop illegal industrial activity and the appointment of responsible officers to ensure compliance. The court also highlighted the issue of encroachment on government land and the need for urgent action.
Fact of the Case:
The Monitoring Committee submitted reports on unauthorized constructions and encroachments in various areas of Delhi. The court also addressed the issue of relocation of industries in Delhi and the failure to implement the relocation in letter and spirit.
Finding of the Court:
The court found that there were numerous unauthorized constructions and encroachments in the areas mentioned in the reports. It also found that the relocation of industries was not implemented effectively.
Issues: Unauthorized constructions, encroachments, relocation of industries, compliance with court directions
Ratio Decidendi: The court emphasized the need for strict compliance with the directions to stop illegal industrial activity and the appointment of responsible officers to oversee and ensure compliance. It also highlighted the urgency of taking action against unauthorized constructions and encroachments on government land.
Final Decision: The court directed the Monitoring Committee to file a consolidated report signed by each member within three weeks. The matter was listed for further hearing on 05.10.2018.
ORDER :
Report No. 127 dated 20.08.2018
We have seen Report No.127 of the Monitoring Committee and have noted the following:
1. Burari Area (North MCD)
The land is agricultural land but several multi-storeyed buildings have come up in the area and on a personal inspection made on 06.08.2018, it was found that constructions are going on.
There is hardly any vacant land in that area and there is no agricultural land in the area.
The Monitoring Committee has already noted that even water bodies have been encroached upon and a large number of trees have been cut down. Along with the report, Google Maps of 2002, 2007 and 2017 clearly bring out the unauthorized constructions, which have been annexed to the Report.
It is further stated that in spite of huge amount of unauthorized constructions, the Deputy Commissioner concerned has taken action for demolition only against 35 properties.
It is further stated that as many as 30 unauthorized colonies have come up in Burari area and adjacent villages which have all been included in the list of “Unauthorized to be Regularized Colonies” and for these provisional regularization Certificates have been given to these unauthorized colonies.
The Monitoring Committee has expressed the view that there is dismal state of affairs in the “unauthorized to be regularized colonies”.
2. Vishwas Nagar (EDMC)
It is stated by the Monitoring Committee that there are approximately 800 Godowns/negative industries functioning in the residential premises.
It is stated that sealing action started on 16.08.2018 and only 78 properties were sealed.
3. Kishan Garh, South Zone (SDMC)
The Monitoring Committee accompanied by DDA and MCD officers inspected the area of Kishangarh on 10.08.2018 and noticed large scale unauthorized construction has already been built up and also ongoing on DDA land. There are a large number of multi-storeyed buildings on encroached government land including land belonging to the Forest Department.
The land of the DDA has been occupied illegally but no action has been taken by the DDA in this regard. Photographs have already been annexed along with the Report.
4. Encroachment of DDA land at Karkardooma Metro Station (EDMC)
The Monitoring Committee along with DDA and MCD officers visited and inspected premises of Karkardooma Metro Station and noticed encroachment on DDA land and huge unauthorized construction on the premises besides few shops constructed illegally.
It is further stated that there is a small Mandir on the encroached land along with construction of various rooms which are being used as offices and residences of a family. The occupants prevented the Monitoring Committee accompanied by the DDA and MCD officers from inspecting the back portions of these residential premises.
Obviously, it appears that the occupants are influential and powerful enough to prevent inspection of the premises.
5. Bhatti Mines area of SDMC
It is stated that there is a large encroachment of Revenue / Forest land in Bhatti Mines and adjoining areas. This has been reported by the District Magistrate (South) who has been requested to take necessary action.
The Report of the Monitoring Committee notes very dismal state of affairs. We only hope that the Task Force appointed on the suggestion of the learned Attorney General for India acts on the Report of the Monitoring Committee and takes urgent action.
Report No. 127 stands adjourned for compliance.
Note dated 21.08.2018 submitted by the Monitoring Committee
There is no appearance on behalf of New Delhi Municipal Council.
It is submitted by the learned Amicus that all necessary facilities are to be provided by the MCD to the Members of the Monitoring Committee including the facility of transport, secretarial services, honorarium etc.
After trifurcation of the erstwhile MCD, this is proposed to be taken over by the Chairman, New Delhi Municipal Council. The Note dated 21.08.2018 in this regard has been placed before us by the learned Amicus in this regard. It should be taken on record
