DELHI DEVELOPMENT AUTHORITY Vs. METRO PAINT INDUSTRIES

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India impugns the order of the court below dated 4.3.2010 by which it has been held that the respondent herein is not bound to surrender any land to the Delhi Development Authority (DDA) pursuant to the judgment of the Supreme Court in the case of M.C. Mehta Vs. Union of India and Ors., (1996) 4 SCC 351 read with the subsequent judgments being the judgment dated 4.12.1996 reported as M.C. Mehta Vs. Union of India, (1997) 11 SCC 327 and the judgment dated 1.3.2001 in M.C. Mehta Vs. Union of India and Ors. : (2001) 4 SCC 577.

(2.) IT is an undisputed fact that the Supreme Court as per its judgment in the case of M.C. Mehta Vs. Union of India and Ors., (1996) 4 SCC 351 directed closure of hazardous industries in the city of Delhi and directed them to hand over 57% of their land if they had land in excess of 2000 sq mtr and upto 5000 sq mtr and allowed the industries to retain 43% of the land for being used in accordance with the conforming regulations under the Master Plan of Delhi.

(3.) THE judgment of the Supreme Court reported as M.C. Mehta Vs. Union of India, (1997) 11 SCC 327 deals with this position as per paras 2 and 3 of this judgment dated 4.12.1996 (and more importantly para 3) . Supreme Court in terms of the judgment dated 4.12.96 allowed industries to stop their non -conforming user and start conforming user and in which circumstances there was no requirement for that industry to surrender land in terms of the judgment reported as, (1996) 4 SCC 351. Paras 2 and 3 of the judgment reported as, (1997) 11 SCC 327 read as under: -