LAWS(SC)-2018-4-220

M.C.MEHTA Vs. UNION OF INDIA

Decided On April 24, 2018
M.C.MEHTA Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) We have heard learned amicus curiae as well as learned Additional Solicitor General (Mr. Nadkarni) appearing for the Union of India, learned Additional Solicitor General (Mr. Maninder Singh) appearing for the DDA and learned counsel for Government of Delhi and other bodies.

(2.) Mr. K.C. Naik, Member Secretary and Officiating Chairman of the Central Ground Water Board is present. He has been requested to give us the status of ground water level in 20 points in Delhi from the year 2000 onwards every five years including for the year 2017/2018 so that we are in a position to understand whether there has been a depletion of ground water and in which area and to what extent. This may be done in the form of a chart as well as in the form of a Plan/graph/map.

(3.) It has been brought to our notice by learned amicus curiae that an order was passed by this Court on 27th August, 2007 which is quoted in Report No.114 to the effect that construction is being carried out in unauthorized colonies. This has been possible because the building and other bye-laws do not apply to these unauthorized colonies. Consequently, unauthorized colonies are placed in a better position than authorized colonies. It has been recorded by this Court in the order dated 27th August, 2007 that unauthorized colonies cannot be placed in a better position than authorized colonies.