Case Note & Summary
The matter pertained to an interlocutory application in a public interest litigation concerning pollution control and the shifting of hazardous/noxious/heavy/large industries from Delhi. The petitioner, M.C. Mehta, originally filed the PIL, and the present application focused on the utilization of land that would become available after the relocation of such industries. The Master Plan for Delhi, approved under Section 11A(2) of the Delhi Development Act, 1957, prohibited these industries from operating within Delhi and required their shifting. The court had earlier directed that industries be assisted in relocation and that a scheme for reusing the vacated land be examined. Pursuant to orders, the National Capital Region Planning Board and the Delhi Development Authority presented a scheme. The DDA's Alphons Committee proposed a percentage allocation of vacated land: for plots up to 2000 sq.m., 100% owner development; for larger plots, 33% open space, 27-37% housing/community facility, and 30-40% owner development. The Municipal Corporation of Delhi's Town Planner suggested 50-60% green open areas. Industrial units submitted objections, and a Special Technical Committee modified the scheme on 8.1.1996 to clarify applicability, allow light and service industry, retain ownership of open spaces with the owner, and extend FAR benefits to the entire plot. The court also sought assistance from a Land Use Advisory Committee headed by Justice D.R. Khanna (retired), which noted high land values and recommended that development follow zoning regulations, with FAR confined to developable land only. The court was in the process of finalizing the scheme, having considered the various proposals and objections. The final order on the exact land use percentages was not explicitly recorded in the provided excerpt, indicating that the matter was still under consideration for a comprehensive direction.
Headnote
A) Environmental Law - Hazardous Industries - Relocation Requirement - Delhi Development Act, 1957, Section 11A(2) - The Master Plan for Delhi prohibits hazardous/noxious/heavy/large industries from operating within Delhi and mandates their shifting. The court recognized this requirement and directed assistance for relocation. Held that such industries must shift as per the Master Plan (Paras Not mentioned). B) Land Use - Utilization of Vacated Land - Scheme for Redevelopment - Delhi Development Act, 1957, Section 11A(2) - The court considered proposals for reuse of land vacated by shifting industries, including percentage allocations for open space, community facilities, and owner development. It directed that the scheme be finalized in consultation with stakeholders. Held that land must be used in accordance with the Master Plan zoning regulations (Paras Not mentioned). C) Administrative Law - Consultation and Objections - Hearing of Industrial Units - Delhi Development Act, 1957, Section 11A(2) - The court ensured that industrial units were given opportunity to submit objections and suggestions to the proposed scheme. A special technical committee modified the scheme based on these representations. Held that procedural fairness requires consideration of affected parties' views (Paras Not mentioned). D) Land Use - FAR and Development Controls - Special Areas Designation - Delhi Development Act, 1957, Section 11A(2) - The proposed scheme provided for FAR benefits on the entire vacated plot and designation of areas as Special Areas under the Master Plan. The court considered recommendations that FAR should be confined to developable land only. Held that FAR should not be extended to open space areas to avoid depriving them of development potential (Paras Not mentioned).
Issue of Consideration
How and in what manner the land made available as a result of the shifting/relocating of hazardous/noxious/heavy/large industries from Delhi is permitted to be used by the owners/occupiers of the said land.
Final Decision
The Supreme Court considered the proposed scheme and suggestions from various authorities and industrial units, directed further deliberations, and sought recommendations from the Land Use Advisory Committee. The matter was listed for further hearing, with the final land use percentages yet to be finalized in the provided excerpt.
Law Points
- Hazardous/noxious/heavy/large industries not permitted in Delhi under Master Plan
- land made available by shifting must be used as per Master Plan and zoning regulations
- percentage allocation for open space
- community facility
- and owner development
- FAR should be confined to developable land
- procedural fairness requires hearing affected industrial units
