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

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

Land vacated by relocated hazardous/noxious/heavy and large industries in Delhi must be surrendered and used primarily for greenbelts and open spaces to meet urgent community needs. Owners are permitted to retain and develop specified percentages according to the Master Plan zoning regulations, but the bulk of the land must be dedicated for community purposes, prioritizing recreational and environmental needs.

Parties
Petitioner: M.C. Mehta; Respondent: Union of India and Ors.
Jurisdiction
India
Judgment Date
10 May 1996
Procedural Posture
Writ Petition (civil) / Final Order
Outcome
Petition disposed of.
Legal Topics
Land Use, Pollution Control, Master Plan for Delhi, Relocation of Hazardous Industries
Environmental Law Town and Country Planning Land Use Pollution Control Master Plan for Delhi Relocation of Hazardous Industries

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Parties

M.C. Mehta

Petitioner

Union of India and Ors.

Respondent

Procedural Posture

Writ Petition (civil) / Final Order

Legal Issues

  1. 1 How should land vacated by relocating hazardous/noxious/heavy/large industries in Delhi be used under the Master Plan for Delhi?
  2. 2 What proportion of the vacated land should be surrendered for community purposes?
  3. 3 Should Floor Area Ratio (FAR) be permitted for owners on the total plot?

Ratio Decidendi

Land vacated by relocated hazardous/noxious/heavy and large industries in Delhi must be surrendered and used primarily for greenbelts and open spaces to meet urgent community needs. Owners are permitted to retain and develop specified percentages according to the Master Plan zoning regulations, but the bulk of the land must be dedicated for community purposes, prioritizing recreational and environmental needs.

Court Disposition

Petition disposed of.

Orders

  • Land vacated by shifting hazardous/noxious/heavy/large industries in Delhi shall be surrendered and used as follows: (a) Owners of plots up to 2000 sq. mtrs may develop 100% in accordance with zoning regulations; (b) Owners of plots 0.2-5 ha shall surrender 57% to DDA for greenbelts, retain 43% for their own...
  • Owners entitled to 1.5 times of the permissible FAR under the Master Plan on the retained land.