NARENDER RANA Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) The issues which have arisen in these petitions are whether it is open to the Respondents to refuse to handover possession of the plots, the total price of which has already been paid by the Petitioners to the Respondents as per their demand. The stand of the dsidc is that the applications for allotment of industrial plots were received pursuant to a Public notice issued in 1996 which notice was a sequel to the orders passed by the Hon'ble Supreme Court in the M. C. Mehta case. However, it will become obvious that in actual fact the DSIDC relies on a 1999 Order emanating from the Office of the Commissioner of Industries which attempts to over-ride and drastically depart from its 1996 Policy, which was aimed at improving the living conditions in Delhi.

(2.) In the M. C. Mehta decisions, a Public interest Litigation had been filed on the deteriorating state of affairs in the metropolis. It is public knowledge that Delhi was expanding in an undeveloped manner, either in the absence of any Regulations, or in breach of them. Various Orders were passed in the said pil included those titled as M. C. Mehta Vs. Union of india, (1996) 4 Supreme Court Cases 750. These Orders can be perused in the following Reports:1. M. C. Mehta v. Union of India, (1996) 4 SCC 750 2. M. C. Mehta v. Union of India, (1997) 11 SCC 327 3. M. C. Mehta v. Union of India, (1998) 9 SCC 149 4. M. C. Mehta v. Union of India, (2000) 7 SCC 422 5. M. C. Mehta v. Union of India, (2001) 4 SCC 577 6. M. C. Mehta v. Union of India, (2002) 9 SCC 481 7. M. C. Mehta v. Union of India, (2002) 9 SCC 534 8. M. C. Mehta v. Union of India, (2004) 6 SCC 588 9. M. C. Mehta v. Union of India, 111 (2004) DLT 345 (SC)

(3.) In the Orders dated July 8, 1996 the apex Court had noted that the Master Plan of Delhi, 1962 (MPD-62) had been enforced under the Delhi Development act, 1957. Since prices of land had escalated manifold, non-conforming user (largely commercial user in residential areas) had become rampant and epidemic. As per the Master Plan the hazardous and noxious industrial units [h (a) industries] are not permitted to operate in delhi. By Orders of the Hon'ble Supreme Court such industries had to relocate outside the boundaries of delhi in a very short time-span. Apart from these there were other industries which were operating from commercial areas but whose continued existence in those areas were clearly pernicious to the environment and interest of the residents of the metropolis. These industries had perforce also to relocate to areas in the periphery of Delhi, which were specifically developed for this purpose by one of the State agencies. In the third broad category were these industries of a hazardous and noxious character that were being carried out from residential areas, and had to shut down immediately. Other milder polluting industries had to relocate in a phased manner, and in their case a decision had to be taken on whether they should continue to exist in residential areas or not. Till date such household or cottage industries have not been categorized by the administration.