M.C. MEHTA versus UNION OF INDIA AND ORS.

M.C. MEHTA versus UNION OF INDIA AND ORS.

Industries are directed to voluntarily surrender the required portion of land in accordance with the Supreme Court's order dated 10 May 1996 to the Delhi Development Authority. DDA is not required to acquire land under Section 15 for compensation; the increased FAR allowed to owners is sufficient consideration. If surrender is not voluntary, DDA must file execution applications before the District Judge, Delhi, who shall enforce the order and report compliance.

Parties
Petitioner: M.C. Mehta; Respondent: Union of India; Respondent: Delhi Development Authority (DDA); Respondent: Industries in Delhi
Jurisdiction
India
Judgment Date
28 April 2000
Procedural Posture
Writ Petition (civil) No. 4677 of 1985 / Order on Interlocutory Applications (i.a. No. 129, I.a. No. 22) and Enforcement of Prior Supreme Court Orders
Outcome
Interlocutory applications disposed of; order for surrender of land enforced.
Legal Topics
Hazardous/noxious/heavy Industry Relocation, Land Use Under Delhi Master Plan, Land Surrender to DDA, Compensation Under Section 15 of Delhi Development Act
Environmental Law Land Law Hazardous/noxious/heavy Industry Relocation Land Use Under Delhi Master Plan Land Surrender to DDA Compensation Under Section 15 of Delhi Development Act

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Parties

M.C. Mehta

Petitioner

Union of India

Respondent

Delhi Development Authority (DDA)

Respondent

Industries in Delhi

Respondent

Procedural Posture

Writ Petition (civil) No. 4677 of 1985 / Order on Interlocutory Applications (i.a. No. 129, I.a. No. 22) and Enforcement of Prior Supreme Court Orders

Legal Issues

  1. 1 Whether industries must surrender land free of cost to DDA as per Supreme Court order
  2. 2 Whether DDA must acquire land under Section 15 of Delhi Development Act and pay compensation
  3. 3 Interpretation and enforcement of prior Supreme Court orders on hazardous/noxious/heavy industry relocation

Ratio Decidendi

Industries are directed to voluntarily surrender the required portion of land in accordance with the Supreme Court's order dated 10 May 1996 to the Delhi Development Authority. DDA is not required to acquire land under Section 15 for compensation; the increased FAR allowed to owners is sufficient consideration. If surrender is not voluntary, DDA must file execution applications before the District Judge, Delhi, who shall enforce the order and report compliance.

Court Disposition

Interlocutory applications disposed of; order for surrender of land enforced.

Orders

  • Within one month, all industries required to surrender land must do so voluntarily to DDA.
  • If not surrendered within one month, DDA must file execution applications before District Judge, Delhi.