M. C. MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) Nobody is present on behalf of MCD.

(2.) By an order dated April 1996, this Court had directed an exercise to be carried out in order to ascertain which of the industries which were operating in residential areas were entitled to continue therein as per the terms of the master plan. A committee was required to investigate in the matter and was to give its consent as to which of the said industries could continue to operate in MCD and DPCC issuing necessary licences and consent in accordance with law. The said order further directed that no non-conforming industry shall be permitted to carry on its activity after 31-12-1996. The order clearly stipulated that all those industries which have not obtained necessary permission from the Committee shall stop operating in the residential area with effect from 1-1-1997.

(3.) The Committee did undertake this exercise. As per the order dated 24-10-1996, 43,045 applications were scrutinised by the Committee and 39,166 applicants were found not to qualify for grant of necessary permission to operate in the residential areas of Delhi. These industries, therefore, had to be relocated. The Court took notice of the fact that despite its earlier order of April 1996, no steps had been taken by the NCT of Delhi towards relocation of such industries. The Court was informed that steps were being taken for acquisition of land for relocation of industries. This exercise is stated to have continued and as per the order dated 3-12-1996 the Court at that time appeared to be satisfied with the progress made by the Government of NCT of Delhi. This was apparently on the basis that the Court was informed that large tracts (102 acres and 1300 acres) of land were being acquired and in fact rupees one hundred crores had been released for this purpose. In order dated 18-12-1996 the Court was informed that possession of 1300 acres of the land notified under the Land Acquisition Act shall be taken over by the Delhi Administration. Applications for allotment of plots/flats were being issued. Being of the opinion that the Government was now taking the matter seriously, this Court left the implementation of the orders to the NCT of Delhi with the requirement that progress reports would be filed every three months in this Court.