J U D G M E N T

1. The instant Writ Petition has been filed by the Petitioners under Article 226 of the Constitution of India with the following prayers:-

“a. Issue a writ of mandamus or any other appropriate writ (s),order (s), direction (s) to respondent No.1/DDA to implement and compliance of the orders and judgment dated 10.05.1996,28.04.2000, 01.03.2001, 25.03.2010 AND all other relevant orders in the I.A. N0.129 IN LA. 22 in W.P. (C) N0.4677 of1985 by Hon'ble Supreme Court of India in;

b. Issue the order ( s) or direction ( s) to restrain the respondent No.1 and 2 to act in pursuance of the Memorandum of Understanding arrived between D.D.A. and the D.L.F. Home Developers Ltd. dated 08.07.2015 and quash the Memorandum of Understanding arrived between D.D.A. and the D.L.F. Home Developers Ltd. dated 08.07.2015 being illegal, arbitrary and against orders or directions issued on 10.05.1996 and25.03.2010 by the Hon'ble Supreme Court of India:

c. Issue a writ of mandamus or any other appropriate writ (s), order (s), direction (s) to the respondent No.1 to develop the129 acres of land as per landscape prepared by respondentNo.1/DDA in 2011 within 3 months and open the place for general public for community use as is done by New Delhi Municipal Counsel in case of Lodi Garden, Tal Katora Garden, Nehru Park, Chanakyapuri etc. in Delhi;

d. Appoint an SIT consisting of officials of Surveyor General of India/respondent No.5 to identify 129 acres of land came within the jurisdiction of respondent No.1/DDA by the order of Hon'ble District and Session Judge, Tis Hazari Courts, Delhi and also to identify the exact quantum of land retained by all owners.

e. The three erstwhile closed industries such as DCM Sri Ram Consolidated Ltd., SIEL Ltd. and Hindustan Insecticides Ltd. As order by Hon'ble District and Session Judge, Tis Hazari Courts, Delhi in execution case filed by DDA/Resp.No.1 before District Judge, Tis Hazari, Delhi in 2000.

f. Appropriate penalty for the commercial exploitation of the said land meant for green be imposed on official of Resp.No.1 and Respondent No.1 and 2. The official of Resp. No. 1 and 2 are involved in the violation of Supreme Court's orders also be punished as this Hon'ble Court deem fit and proper;

g. Issue direction or order to respondent No.1/DDA & respondentNo.3/North MCD to restrain the respondent No.2 from further construction either flatted factories or residential flats I towers in any portion of retained land of 3 erstwhile closed industrial unit till the final disposal of the present case;

h. Respondent No.6/Central Ground Water Board and respondentNo.7/Delhi Jal Board be directed to place on record the permission related papers for five Tube wells, bore wells and other two Delhi Jal Board connections with a K Numbers in the premises with its locations and revenue earned from DLF Home Developers by DJB since last 10 years.

i. Record of Dist. Judge HQ Tis Hazari, Delhi/respondent No.4 be summoned in this Hon'ble Court containing relevant orders/map of demarcated land issued as warrant of possession in favour of DDA by the Dist. Judge in respect of execution case number162/2000 titled DDA vs. Amrit Industries concerning three erstwhile closed units i.e. SB Mills/

SIEL/HIL.

j. The DDA/Resp.No.1 be directed to utilize half of the amount of24.42 crores received from DMRC for making this entire land of 129 acres as green/open park for the use of larger public within 3 months by giving access from different directions of129 acres land as per local demand.”

2. The Petitioner is before this Court alleging several transgressions of the order dated 10.05.1996 passed in WP(C) No. 4677/1985 titled MC Mehta v. Union of India &Ors., wherein the Hon‟ble Supreme Court called for the creation of “lung space” in Delhi, and consequently directed the closure of 168 „H category‟ i.e. hazardous, noxious, heavy and large industries in Delhi with effect from 20.11.1996.

3. Furthermore, it was directed to handover 68% to 57% of the lan