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2019 Supreme(Del) 2472

IN THE HIGH COURT OF DELHI AT NEW DELHI
D.N.PATEL, C.HARI SHANKAR, JJ.
Bhoomi Chattar Singh Rachhoya And Anr - Petitioners
Versus
Union of India & Ors - Respondents
W.P.(C) 9042 of 2017
Decided On : 21-11-2019

Advocates:
Advocate Appeared:
For the Respondent: Mr. Ajay Digpaul, CGSC with Mr. Aaryan Verma and Mr. S. Karmakar, Advs. Mr. Anuj Aggarwal, ASC with Mr. Deepak Shrivastava, Adv. Mr. Ranjan Tyagi, Adv. Ms. Sapna Chauhan, Adv. Mr. Sri Harsha Peechara, Standing Counsel with Mr. Aditya Vikram Singh, Adv.

The court emphasized the importance of valid policy decisions based on notifications by relevant authorities in matters related to the redevelopment of industrial areas.

Headnote:

PIL - Industrial Area Redevelopment - MPD 2021, Section 57 of DD Act 1957 - The court discussed the provisions of MPD-2001 and MPD-2021, specifically focusing on the inclusion of Swarn Park Mundka as a non-conforming industrial area and the regulations for redevelopment of such areas. The court emphasized that the policy decision for the development of the area was based on a notification by the Ministry of Urban Development and declined to interfere with the same.

Fact of the Case:

The petitioners filed a PIL seeking various writs and directions related to the redevelopment and demolition of illegal constructions in industrial areas in Delhi.

Finding of the Court:

The court found that the encroachments had already been removed and the development of the area was a policy decision taken by the respondents, based on a notification by the Ministry of Urban Development. The court declined to interfere with the policy decision and disposed of the writ petition.

Issues: The issues revolved around the legality of the redevelopment of industrial areas, demolition of illegal constructions, and the court's authority to interfere with policy decisions.

Ratio Decidendi: The court held that the policy decision for the development of the industrial area was based on a valid notification by the Ministry of Urban Development and declined to interfere with the same.

Final Decision: The writ petition was disposed of, and the court declined to monitor the case further, citing the valid policy decision for the development of the industrial area.

ORDER :

D.N. PATEL, J.

1. When the matter is called out, no one appears for the petitioners. We have heard counsel for the respondents at length.

2. This Public Interest Litigation (PIL) has been preferred with the following prayers:

    “(a) issue of writ, order (s) or direction (s) in the nature of certiorari for setting aside notification of Government of Delhi, notifying Swarn Park Mundka as a non conforming cluster of industrial concentration for redevelopment and Notification dated 07.02.2007 of Ministry of Urban Development to the extent of notifying Swarn Park Mundka under redevelopment of unplanned industrial area under MPD 2021 and Notification S.O. 954(E) dated 01.05.2012 issued by Delhi Development Authority to the extent of notifying "Regulations for Redevelopment of clusters of industrial concentration in non conforming areas/unplanned industrial areas in respect of Swarn Park Mundka under redevelopment of unplanned industrial area;

(b) issue of writ, order (s) or direction (s) in the nature of mandamus directing Respondents to prevent and demolish illegal and unauthorised constructions in illegal and non-confirming / unplanned industrial area in Swarn Park, Mundka and;

(c) issue of writ, order (s) or direction (s) in the nature of mandamus directing Respondents to prevent and demolish illegal and unauthorised construction in Khasra no. 72/10/2(1-4), 72/11/1(1-1) and 71/26(0-5), in front of metro pillar 489, near Om Dharam Kanta, Swarn Park, Mundka, Delhi and other, areas in Mundka, Delhi and ;

(d) issue of writ, order (s) or direction (s) in the nature of mandamus directing the Respondents to prevent and demolish illegal and unauthorised construction in various localities in Nangloi, Delhi and;

(e) issue of writ, order (s) or direction (s) in the nature of mandamus directing Respondents to prevent and demolish illegal and unauthorised constructions in various localities of Nangloi, Delhi;

(f) issue of writ, order (s) or direction (s) in the nature of mandamus directing Central Bureau of Investigation (OBI) to investigate and to take appropriate legal actions against the politicians, officials of government department and municipal corporation, land mafia and other anti-social elements, who have connived together to cause loss of revenue to State exchequer by engaging in unabated, illegal and unauthorised construction in Swarn Park Mundka and various other areas of Mundka and Nangloi, Delhi and;

(g) pass any other order or orders this Hon'ble Court may deem fit & proper in the circumstances of the present case.”

3. Counsel appearing for the respondents submits that a detailed counter affidavit has been filed by the Delhi Development Authority and paragraph nos. 6, 7 and 8 thereof reads as under:-

    “6. That it is pertinent to mention here that in the earlier MPD-2001 the ''Industrial Area Redevelopment schemes" read as:”

"Industrial Areas Redevelopment Schemes for the following industrial clusters should be prepared after proper survey and appraisal. Industrial units which are safe and compatible in the use zone could be regularized after upgrading the environment.

(1) Anand Parbat Light industrial area

(2) Shahdara Light industrial area

(3) Shamapur Badli

Extensive industrial area The regularization of each industrial units shall be on individual merits. The land tenure could be decided while taking up the regularization of these schemes. The charges for the development of these areas shall be levied by the authority on the beneficiaries."

The relevant extract of MPD-2001, is attached alongwith and is marked as ANNEXURE-C-1.

7. That later, the list of non-conforming Industrial areas including the Swarn Park, Mundka was added during the preparation of MPD 2021. The following was decided as per the minutes of the 17^^ meeting of Board of enquiry and hearing held on 18.12.2006, for the objections/suggestions on Draft MPD-2021;

"The lis

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