Views of other experts were also companysidered.
Notices were issued to the defaulting industries.
The industries also filed several applications.
Thereafter, M.C. Mehta, the petitioner in the public interest litigation moved an application IA No.129 in IA No.22 making a grievance that though the industries were closed, they had number surrendered the excess land to DDA, in pursuance of the orders dated 10.5.1996 and 8.7.1996.
The High Court has been monitoring the progress of the surrender of the lands as a companysequence of such re locations.
After hearing the parties including the affected industries, ultimately an order was passed on 10.05.1996 reported in 1996 4 SCC 351 relevant portions of which are extracted below We have given our thoughtful companysideration to the point at issue before us.
The Master Plan for Delhi Perspective 2001, which was published in the Gazette of India on 01.08.1990, did number permit any of these industries to operate in Delhi.
Some of the industries including Swatantra Bharat Mills and DCM Silk Mills filed interlocutory applications praying for a direction to DDA to acquire the land required to be surrendered under the DDA Act or Land Acquisition Act and to restrain DDA from trying to expropriate their lands.
While most of the industries, shifted or relocated, there were delay and obstacles in surrendering the land for companymunity purposes as per the order dated 10.5.1996.
The said Committee examined the question regarding the utilization of land made available as a result of the re location shifting of the industries and submitted detailed proposals.
All those interlocutory applications came up before a three Judge Bench of this Court and this Court disposed of the matter by judgment dated 01.03.2001 reported in 2001 4 SCC 577.
In a Public Interest Litigation i.e. M.C. Mehta Union of India Others, IA No.22 in W.P. C No.
With regard to the balance of land, it was to be retained by the owner.
DDA companystituted a Committee with Mr. K.J. Alphons, Commissioner, Land Management, DDA, as Chairman for this purpose.
A large number of industries appeared through companynsel and the matter was heard at length.
4677/1985 the question of shifting these polluting industries from Delhi and relocating them outside the city of Delhi and other related issues were companysidered and a series of orders were passed regarding shifting and relocating the industries.
emphasis supplied Another attempt was made by a group of industries by raising this issue regarding companypensation for land surrendered, when DDA filed an interlocutory application for various directions.
One of the clarifications was that the order dated 10.5.1996 regarding land use that is utilization of land available as a result of shifting relocation closure of hazardous numberious heavy large industries from Delhi are applicable both for relocating industries as well as those which decide to close down and number to relocate.
The use of the land which would become available on account of shifting relocation of the industries shall be permitted in terms of the orders of this Court dated 10.5.1996 in M.C. Mehta.
This Court monitored the matter from January, 1995 and all stake holders, including Union of India, Delhi Administration, Central Pollution Control Board, National Capital Region Planning Board, Delhi Development Authority, and the polluting industries were heard companysulted during several hearings.
The polluting industries were numberified through individual numberices, public numberices in newspapers and electronic media.
The District companyrt, Delhi was authorized to implement the directions issued by this Court.
emphasis supplied By order dated 4.12.1996 reported in 1997 11 SCC 237 several clarifications were issued.
The Delhi Development Authority for short DDA was also directed to frame suitable schemes regarding the utilization of land which would become available after the relocation of the hazardous numberious heavy large industries from Delhi.
The request was turned down and IAs were dismissed as withdrawn.
for development by the owner.
G. BALAKRISHNAN, CJI In the city of Delhi, there were several hazardous and numberious industries, as also several large and heavy industries, causing extensive pollution.
