IA.No.18

Items A, B and C

Punjab National Bank and Electrical Construction and Equipment Co. Ltd. Are the lessees in the building constructed by Bhartiya Adim Jati Sewak Sangh. We have heard Mr. G.L. Sanghi, learned Senior Counsel for Punjab National Bank and Mr. K.N. Balgopal, learned counsel for M/s. Electrical Construction and Equipment Co. Ltd. M/s. Jay Shree Tea Industries Ltd. Are the tenants of M/s. Lal Dwara Managing Committee. We have heard Mr. G.L. Sanghi, learned Senior Counsel for the industry. We have heard Mr. S.K. Mehta, learned counsel for M/s. Delhi Automobilies; Mr. Ramji Srinivasan, learned counsel for M/s. Jalandhar Motor Agency and Mr. H.N. Salve, learned Senior Counsel for M/s. Prentice Hall of India.

After hearing the learned counsel for the parties, we are of the view that in the interest of ecology and environment, these enterprises which are operating as lessees in the Ridge Area shall have to relocate themselves. It is necessary to maintain balance between environment and development. We have no intention of stopping development but keeping in view the fact that the ridge has to be saved and environment protected, we direct that these enterprises must relocate themselves from the Ridge Area. We, therefore direct that PNB which has got lot of clientele shall relocate themselves from the present place and shall go out of the Ridge Area by 31-8-1997. So far as the other enterprises, namely, Electrical Construction & Equipment Co. Ltd., Delhi Automobilies, Jalandhar Motor Agency and Prentice Hall of India are concerned, we give them time to vacate, and leave the Ridge Area, till 31-3-1997. These industries shall relocate themselves from the Ridge Area.

We further direct that Bhartiya Adim Jati Sewak Sangh, Lal Dawara Managing Committee and Jagivan Ram Ashram Trust shall not lease out or given on rent any part of its premises to any person, body or authority in future. They shall also not use these premises for commercial purposes. We direct the Commissioner, Land Management, Delhi Development Authority to keep a watch on this area and assure that these religious/social/public bodies do not lease or rent out their premises to anybody in future. We further clarify that violation of this order by these bodies who are occupying the land on the ridge shall attract the provisions of the Contempt of Courts Act in addition.

On 24-7-1996 (M.C. Mehta v. Union of India, IAs Nos. 18, 22, 32 & 33 in W.P.(C).No.4677 of 1985, order dated 24-7-1996 (SC), this Court passed the following order relating to Lal Dwara Managing Committee.

The Ridge Management Board shall take over the encroached land measuring 1590.08 sq yd from the Committee. Mr. ray very fairly states that the Committee shall remove the encroachment. This may be done within two months..

Mr. S.S. ray, learned Senior Counsel appearing for Lal Dwara Managing Committee states that since we have given time till 31-3-1997 to M/s. Jayashree Tea Industries to vacate the premises, the Managing Committee should be permitted to continue in the encroached land till 2 months after vacating of the land by M/s. Jayashree Tea Industries. We do not agree and we reject the contention. As directed by us, the Lal Dwara shall vacate the encroached area of the ridge within two months from 24-7-1996.

Item D

Mr. H.N. Salve, learned Senior Counsel appearing for the residents of the area has raised objection to the allotment of plots to these 11 persons on the ground that this is a green area. An affidavit has been filed by the DDA. Mr. Salve prays for a short adjournment. List on 4-9-1996 as Item 1.

Item E

The learned counsel for the Union of India states that he would call a responsible officer each from the Ministries/Departments concerned to assist this Court on 4-9-1996 at 2 p.m. We request Dr. Aggarwal, the Medical Superintendent Dr. Ram Manohar Lohia Hospital to be present on that date.

Item E-I

A copy of letter received from Mr. Kuldip Nayar be given to Mr. M.C. Mehta; Mr. Ranjit Kumar; learned counsel for DDA, MCD and Delhi Administration.

List on 4-9-1996.

IAs.Nos.20 and 21

Pursuant to this Courts order dated 6-8-1996, the officers concerned are present in Court. Although the construction work is somewhat behind the schedule but we have no doubt that all efforts are being made by the officers concerned to keep up the pace of work as directed by this Court. Mr. Dipankar Gupta, learned Senior Counsel states that all efforts shall be made to regain the slipped out period. He states that Mr. Rakesh Mohan shall file an affidavit by 20-10-1996 and shall indicate the progress made in this respect.

Mr. D.D. Dubey, Chief Engineer of the Undertaking has stated that so far as the sewage pumping station at Gonda II is concerned, three private parties have gone to the lower courts and have obtained stay claiming ownership for the land. The details of the cases are as under:

1. Balraj v. UOI, in the Court of Shri Kamlesh Kumar, Civil Judge, Tis Hazari.

2. Roop Chand & Lekh Raj v. Commissioner, MCD, in the Court of Shri S. Gaur, Additional District Judge.

3. Ram Kumar v. Commissioner, MCD, in the Court of SJIC.

We issue notice to all these three private parties through their respective courts to show cause why the interim stay granted by the trial court be not vacated. Meanwhile, we stay the interim stay granted by the courts below ad interim and permit the authorities to continue with the work of setting up of the sewage pumping station at Gonda II. To come up for further consideration on 4-10-1996.

So far as the ancillary work is concerned, Mr. Suri states that various Departments DDA, NDMC, Delhi Cantonment Board, Railways, Police Irrigation and Flood Department, etc. have already held a joint meeting and have assured all assistance in the progress of this work.

Mr. Jaitley, learned Senior Counsel states that efforts would be made to complete the work, which is to be done by the DDS, as per schedule. He states that most of the work is likely to be completed by March 1997. The DDA may file a short affidavit indicating the progress made by 20-10-1996.

Mr. Vijay Panjwani, learned counsel states that the project at Kondali, Tirlokpuri, is under construction by the DDA for the last 15 years and that the completion of this project is necessary for the efficient functioning of the STP. Mr. Jaitley may include this aspect also in the affidavit which is likely to be filed by the DDA by 20-10-1996.

We request Mr. Jain and Mr. J.K. Mathur to inspect the project and make a report to this Court.

I.A.No.22

Item G

The report indicates that M/s. Omega Spearams (sic) has also deposited the compensation amount. The learned counsel appearing for the industry states that the industry being a small unit could not collect the amount of compensation and as such there is delay in depositing the amount. We condone the delay and discharge the contempt.

Item H

At the request of Mr. Suri, adjourned to 4-9-1996.

Item I

Registry to give copies of the NEERI Report to Mr. Ranjit Kumar and Mr. S. Sukumaran, learned counsel within four days. List on 4-9-1996.

Mr. Salve states that all the industrial areas have formed societies for the purpose of setting up of common CETP except the following industrial areas:

1. Mangolpuri Industrial Area.

2. G.T. Karnal Road Industrial Area;

3. Rajasthani Udyog Nagar (SMA) Industrial Area & SSS Industrial Area).

We direct the Delhi Pollution Control Committee to issue public notices regarding these industrial areas indicating that in case these industries fail to have the societies registered within two weeks of the public notice, they may be liable to be closed. The notice shall be published within a week and a report in this respect be filed in this Court.

IA No.32

Item J

List on 4-9-1996.