JUDGEMENT
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(1.) IA No. 18 Items 'A', 'B' and C
Punjab National Bank and Electrical Construction and Equipment Co. Ltd. are the
lessees in the building constructed by Bhartiya Adim Jati Sewak Sangh. We have heard
Mr G.L. Sanghi, learned Senior Counsel for Punjab National Bank and Mr K.N.
Balgopal, learned counsel for M/s Electrical Construction and Equipment Co. Ltd. M/s
Jay Shree Tea Industries Ltd. are the tenants of M/s Lal Dwara Managing Committee.
We have heard Mr G.L. Sanghi, learned Senior Counsel for the industry. We have
heard Mr S.K. Mehta, learned counsel for M/s Delhi Automobiles; Mr Ramji Srinivasan,
learned counsel for M/s Jalandhar Motor Agency and Mr H.N. Salve, learned Senior
Counsel for M/s Prentice Hall of India.
(2.) AFTER hearing the learned counsel for the parties, we are of the view that in the interest of ecology and environment, these enterprises which are operating as lessees
in the Ridge Area shall have to relocate themselves. It is necessary to maintain balance
between environment and development. We have no intention of stopping development
but keeping in view the fact that the ridge has to be saved and environment protected,
we direct that these enterprises must relocate themselves from the Ridge Area, We,
therefore, direct that PNB which has got lot of clientele shall relocate themselves from
the present place and shall go out of the Ridge Area by 31-8-1997. So far as the other
enterprises, namely, Electrical Construction & Equipment Co. Ltd., Delhi Automobiles,
Jalandhar Motor Agency and Prentice Hall of India are concerned, we give them time to
vacate, and leave the Ridge Area, till 31-3-1997. These industries shall relocate
themselves from the Ridge Area.
We further direct that Bhartiya Adim Jati Sewak Sangh, Lal Dwara Managing Committee and Jagjivan Ram Ashram Trust shall not lease out or give on rent any part
of its premises to any person, body or authority in future. They shall also not use these
premises for commercial purposes. We direct the Commissioner, Land Management,
Delhi Development Authority to keep a watch on this area and assure that these
religious / social / public bodies do not lease or rent out their premises to anybody in
future. We further clarify that violation of this order by these bodies who are occupying
the land on the ridge shall attract the provisions of the Contempt of Courts Act in
addition.
(3.) ON 24-7-199-6, M.C. Mehta v. Union of India, IAs Nos. 18, 22, 32 and 33 in WP (C) No. 4677 of 1985, order dated 24-7-1996 (SC) this Court passed the following order
relating to Lal
Dwara Managing Committee:
"The Ridge Management Board shall take over the encroached land measuring
1590.08 sq yd from the Committee. Mr Ray very fairly states that the Committee shall remove the encroachment. This may be done within two months....";
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