M C MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) Whether this Bench should consider the correctness of an order passed by the Governor of Uttar Pradesh refusing to grant sanction for prosecution of Ms. Mayawati and Shri Naseemuddin Siddiqui is the prime question involved in this application.

(2.) A public interest litigation was entertained by this Court in a writ application filed by the writ petitioner. This Court with a view to ensure proper maintenance of cultural heritage of India as also the ecology has been passing orders in the writ petition from time to time.

(3.) A project known as 'Taj Heritage Corridor Project' was initiated by the Government of Uttar Pradesh. One of the main purpose for which the same was undertaken was to divert the River Yamuna and to reclaim 75 acres of land between Agra Fort and the Taj Mahal and use the reclaimed land for constructing food plazas, shops and amusement activities. The said activities on the part of the Government of Uttar Pradesh was brought to the notice of this Court. An exception thereto was taken. A detailed inquiry was directed to be made by the Central Bureau of Investigation (CBI). Upon consideration of the report submitted before it by CBI, this Court in its order dated 18.09.2003 directed it to register a First Information Report and make further investigation in accordance with law. CBI investigated into the matter, including the roles played by Ms. Mayawati, the then Chief Minister, and Mr. Naseemuddin Siddiqui, the then Minister for Environment, Government of Uttar Pradesh. Investigations were also carried out against some officers.