M C MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application where the main prayer is that the order of this Court dated 10th May, 1996 should be ordered to be implemented. By the said decision, reported as M. C. Mehta v. Union of India, (1996) 4 SCC 351 : (1996 AIR SCW 262 : AIR 1996 SC 3311), this Court, inter alia, directed that in respect of hazardous/noxious/heavy and large industries, there should be compliance with the Master Plan of Delhi which came into effect in 1990. With regard to the hazardous industry which was existing in Delhi, the said Master Plan required that the industry should shift within three years. As far as heavy and large industries were concerned, the Master Plan did not permit any new heavy or large industry to be set up and with regard to the existing heavy and large industrial units, it was stated that they shall shift to Delhi Metropolitan Area and the National Capital Region keeping view of the National Capital Region Plan and National Industrial Policy of the Government of India. The land which was to be vacated by such units was to be utilised according to the provisions of the Master Plan.

(2.) In the aforesaid decision, it was directed that in accordance with the provisions of the Master Plan, the hazardous/noxious/heavy and large industries must shift after closing their units. This Court considered the proposal of the Delhi Development Authority (DDA) which had contemplated some portion of land which would become vacant on the shifting/relocation of the industry being developed by the DDA, the balance being used by the owner for housing facilities and another percentage of land being used by the owner for residential or commercial use according to the Master Plan. This Court, however, after taking into consideration the report of the Land Allotment Committee as well as a report of Mr. Justice D. R. Khanna (Retd.), who was the Chairperson of the Land Use Advisory Committee, ordered that the land which would become available on account of shifting/relocation of hazardous/noxious/heavy and large industries should be used in the following manner : <FRM>JUDGEMENT_371_JT5_2000_1.html</FRM>

(3.) The grievance of Mr. M. C. Mehta is that though the industries have been closed a large number of them have not surrendered the excess land to the DDA. Notice was issued to the industries and affidavits have been filed.