M C MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) The matter fixed for 2.5.2006 shall be listed on 5.5.2006 in view of the hearing of the Constitution Bench fixed for 2.5.2006. This application (IA No. 1931) shall also be listed on 5.5.2006.

(2.) The prayer in the application, inter alia, is that local bodies be directed to complete the exercise of identification of mixed use roads/streets in residential areas within a period of six months in a systematic and organised manner as per the provisions of the Master Plan. Referring to Sec. 8 of the Delhi Development Act, 1957 which, inter alia, stipulates that simultaneously with the preparation of the Master Plan or as soon as may be thereafter, the Delhi Development Authority shall proceed with the preparation of a zonal development plan for each of the zones into which Delhi may be divided and such zonal plan may contain a use-plan for development of the zone and show the approximate locations and extents of the land uses proposed in the zone, it is submitted that if zonal plan had been prepared, it could show the mixed land use as well as per the existing norms. It has been submitted that in respect of nine zones, zonal plans were not prepared by the Delhi Development Authority. It is in respect of these zones that the direction is sought for local bodies to complete their exercise of identification of mixed use roads/streets in the residential areas as above noted. We will examine this issue later at an appropriate stage. It would be open to the authorities including DDA and MCD to file their response to the application. If zonal plans have not been prepared by DDA, it shall place on record the reason of the failure. It is also to be gone into that in case there was failure on the part of DDA, what prevented the Central Government to issue directions u/s. 41 of the Delhi Development Act.

(3.) Be that as it may, for the present, we permit the applicant to place detailed facts before the Monitoring Committee and explain the areas in respect of which it is claimed that on existing norms, on preparation of the zonal plan and identification of the roads/streets, some relief is possible to be given. The Monitoring Committee will examine the facts broadly and form prima facie point of view at this stage only to assist this Court and report if, in its view, some relief, in regard to the on-going sealing, can be given in respect of some of the areas temporarily till the exercise as contemplated by the applicant is completed. We, however, wish to make it clear that the order shall not be construed to mean that we have directed the stay of the sealing process as per the directions made. The sealing process has to go on for the present, including in these areas as well.