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1996 Supreme(SC) 2480
SUPREME COURT OF INDIA
Kuldip Singh, Faizan Uddin and K. Venkataswami, JJ.
M.C. Mehta - Petitioner
Versus
Union of India and others - Respondents
I.A. No. 18, 22 and in W.P. (C) No. 4677 of 1985
Decided On : 30-08-1996
Headnote:
Punjab National Bank and Electrical Construction and Equipment – Learned counsel for parties we are of view that in interest of ecology and environment, these enterprises which are operating as lessees in ridge area shall have to relocate themselves necessary to maintain balance between environment and development – We have no intention of stopping development but keeping in view fact that ridge has to be saved and environment protected, we direct that these enterprises must relocate themselves from the ridge area direct that PNB which has got lot of clientage shall relocate themselves from present place and shall go out of ridge area other enterprises Electrical Construction & Equipment Delhi Automobiles – Held, Courts order officers concerned are present in Court – Although construction work is somewhat behind schedule but we have no doubt that all efforts are being made by concerned officers to keep up pace of work as directed by this Court learned Senior counsel states that all efforts shall be made to regain slipped out period states that Mr. Rakesh Mohan shall file an affidavit and shall indicate progress made in this respect private parties through their respective courts to show cause why interim stay granted by trial court be not vacated – Meanwhile we stay interim stay granted by courts below ad-interim and permit authorities to continue with work of setting up of sewage pumping station at Gounda-II – To come up for further consideration – Report indicates that Speakers has also deposited compensation amount – Learned counsel appearing for industry states that industry being a small unit could not collect amount of compensation and as such there is a delay in depositing amount condone delay and discharge contempt – Appeal closed.
JUDGMENT :
IA. No. 18
Items A, B & C
1. Punjab National Bank and Electrical Construction and Equipment Co. Ltd. are the lessees in the building constructed by Bhartiya Adim Jati Sewak Sangh. We have heard Mr. G.L. Sanghi, learned Senior counsel for Punjab National Bank and Mr. K.N. Balgopal, learned counsel for M/s. Electrical Construction & Equipment Co. Ltd. M/s. Jay Shree Tea Industries Ltd. are the tenants of M/s. Lal Dwara Managing Committee. We have heard Mr. G.L. Sanghi, learned Senior counsel for the industry. We have heard Mr. S.K. Mehta, learned counsel for M/s. Delhi Automobiles; Mr. Ramji Srinivasan, learned counsel for M/s. Jalandhar Motor Agency; and Mr. H.N. Salve, learned senior counsel for M/s. Prientice Hall of India.
2. After hearing learned counsel for the parties, we are of the view that in the interest of ecology and environment, these enterprises which are operating as lessees in the ridge area shall have to relocate themselves. It is necessary to maintain balance between environment and development. We have no intention of stopping development but keeping in view the fact that the ridge has to be saved and environment protected, we direct that these enterprises must relocate themselves from the ridge area. We, therefore, direct that the PNB which has got lot of clientage shall relocate themselves from the present place and shall go out of the ridge area by August 31, 1997. So far as the other enterprises, namely, Electrical Construction & Equipment Co. Ltd., Delhi Automobiles, Jalandhar Motor Agency and Prentice Hall of India are concerned, we give them time to vacate, and leave the ridge area, till March 31, 1997. These industries shall relocate themselves from the ridge area. We further direct that Bhartiya Adim Jati Sewak Sangh, Lal Dwara Managing Committee and Jagjivan Ram Ashram Trust shall not lease out or give on rent any part of its premises to any person, body or authority in future. They shall also not use these premises for commercial purposes.
3. We direct the Commissioner, Land Management Delhi Development Authority to keep a watch on this area and assure that these religious/social/public bodies do not lease or rent out their premises to anybody in future. We further clarify that violation of this order by these bodies who are occupying the land on the ridge shall attract the provisions of the Contempt of Courts Act in addition.
4. On July 24, 1996, this Court passed the following order relating to-Lal Dwara Managing Committee:
"The Ridge Management Board shall take over the encroached land measuring 1590.08 sq. yds. from the Committee. Mr. Ray very fairly states that the Committee shall remove the encroachment. This may be done within two months....."
5. Mr. S.S. Ray, learned Senior counsel appearing for the Lal Dwara Managing Committee states that since we have given time till March 31, 1997 to M/s. Jayshree Tea Industries to vacate the premises, the Managing Committee should be permitted to continue in the encroached land till 2 months after vacating of the land by M/s. Jayshree Tea Industries. We do not agree and we reject the contention. As directed by us, the Lal Dwara shall vacate the encroached area of the ridge within two months from 24th July, 1996.
Item 'D'
6. Mr. H.N. Salve, learned Senior counsel appearing for the residents of the area has raised objection to the allotment of plots to these 11 persons on the ground that this is a green area. An affidavit has been filed by the DDA. Mr. Salve prays for a short adjournment. List on 4th September, 1996 as item No. 1.
Item 'E'
7. Learned counsel for UOI states that he would call a responsible officer each from the concerned Ministries/Departments to assist this Court on 4.9.96 at 2 PM. We request Dr. Aggarwal, the Medical Superintendent, Dr. Ram Manohar Lohia Hospital to be present on that date.
Item 'E' -i'
8. A copy of letter received from Mr. Kuldip Nayar be given to Mr. M.C. Mehta; Mr. Ranjit Kumar; learned counsel for DDA, MCD, and Delhi
