M.c. Mehta
v.
Union Of India & Others (shifting Of Industries From Residental Area Of Delhi, New Delhi, Re)
(Supreme Court Of India)
Interlocutory Application No. 22 Of 2004 In W.P.(C) No. 4677 Of 1985 With Interlocutory Application No. 1204-05, 1224, 1322 In Interlocutory Application No. 22, W.P.(C) No. 98 Of 2000, I.As. No. 1367 & 1816 | 30-11-2004
1. In view of the judgment delivered on 7-5-2004 (2004 (6) SCC 588), no further orders are required to be passed in these matters which stand disposed of in terms of the said judgment.
2. Rest of the matter
The Monitoring Committee appointed by this Court (Appointed in terms of (2004 (6) SCC 588 [LQ/SC/2004/708] , at p. 623, para 69)) has filed two progress reports but in the form of affidavit by the Secretary and Commissioner of Industries, Government of NCT of Delhi. Mr Goburdhun, learned counsel appearing for the Delhi Government, states that though these reports have not been signed by the members of the Monitoring Committee but he has instructions from the said members to state that these progress reports have been filed under their instructions and they would be bound by the contents thereof.
3. The Monitoring Committee is directed to state in the next progress report whether any industrial units in the areas which were under contemplation of in situ regularisation have been closed and how the directions in regard to the offending industrial units in those areas, have been complied with.
4. Mr Ranjit Kumar states that two applications by two parties have been filed placing on record their opposition to the proposal to in situ regularisation. The said applications are not listed. Those applications shall be listed when the matter is placed before the court along with the third progress report.
5. Our attention has been drawn to a public notice dated 4-11-2004 published in the Gazette of India inviting objections or suggestions in respect of modifications which the Central Government proposes to make in the Master Plan for Delhi, 2001. It goes without saying that while considering the modification of the Master Plan, the Government would have due regard in letter and spirit to the aspects that have been mentioned in the order dated 7-5-2004 (2004 (6) SCC 588), including rights of individuals who are residents of the localities under consideration for in situ regularisation by amendment of the Master Plan.
6. List the matter within two weeks of filing of the third progress report.
Advocates List
For the Appearing Parties ----
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE MR. JUSTICE Y.K. SABHARWAL
HON'BLE MR. JUSTICE TARUN CHATTERJEE
HON'BLE MR. JUSTICE P.P. NAOLEKAR
Eq Citation
2005 (6) SCALE 552
(2005) 2 SCC 186
LQ/SC/2004/1351
HeadNote
Town Planning — Master Plan — In situ regularisation — Monitoring Committee appointed by Supreme Court — Progress report filed by Secretary and Commissioner of Industries, Government of NCT of Delhi in form of affidavit — Monitoring Committee directed to state in next progress report whether any industrial units in areas which were under contemplation of in situ regularisation have been closed and how directions in regard to offending industrial units in those areas have been complied with