M.C.Mehta vs Union Of India

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. 4677 OF 1985

M.C. Mehta .....Petitioner

Versus

Union of India & Ors. ....Respondents

ORDER

Madan B. Lokur, J.

1. On 18th May, 2018 the learned Attorney General made an oral

request for modification of the order passed on 15th May, 2018 particularly

the following paragraph:-

“As far as the amendment of the Master Plan is concerned, we partially modify our order dated 6th March, 2018. It is submitted, on an interpretation of Section 11A of the Delhi Development Act, 1957, which has been read over to us by the learned Attorney General, that objections to the proposed amendments to the Master Plan for Delhi will be meaningfully considered and amendments notified by the Central Government only after giving a notice period of 15 days for submitting objections. In other words, the Central Government will first invite objections from the people which can be submitted within 15 days of the notification inviting objections. After that period of 15 days is over, the Central Government will meaningfully consider and address the objections Signature Not Verified and make necessary modification, as deemed appropriate. The Digitally signed by MEENAKSHI KOHLI amendments may then be notified.

Date: 2018.05.24 13:21:54 IST Reason: The final decision of the Central Government should be taken keeping the interest of the people of Delhi and future

W.P. (C) No. 4677 of 1985 Page 1 of 7 generations in mind as well as the statutory requirements. The final decision should be placed on record.”

2. Even though the request was rather unusual, in the sense that no

application had been moved, we nevertheless heard the learned Attorney

General and reserved orders.

3. The Delhi Development Authority (DDA) proposes to amend the

Master Plan for Delhi. Section 11A of the Delhi Development Act, 1957

provides for such an eventuality.

4. One of the procedural requirements for modification of the Master

Plan is provided for in the Delhi Development (Master Plan and Zonal

Development Plan) Rules 1959 (for short ‘the Rules’).

Rule 5 provides as follows:

“5. Public notice regarding preparation of Master Plan:

(1) As soon as may be after the draft master plan has been prepared, the Authority shall publish a public notice stating that:

(a) The draft master plan has been prepared and may be inspected by any person at such time and place as may be specified in the notice;

(b) Suggestions and objections in writing, if any, in respect of the draft master plan may be filed by any person with the Secretary of the Authority within 90 days from the date of first publication of the notice.

(2) This notice may be in Form ‘A’ appended to these Rules without modifications or with such modification as may be necessary.”

W.P. (C) No. 4677 of 1985 Page 2 of 7 Rule 7 of the Rules is also of some importance and this provides as follows:

“7. Notice to and representation from local authorities:

The Authority shall cause the said notice referred to in Rule 6 to be sent to every local authority within whose limits any land touched by the plan is situate, and such local authority may, within a period of 45 days from the date of the notice, make any representation with respect to the plan to the Authority.”

5. For reasons that are not very clear, the Ministry of Housing and

Urban Affairs issued a notification on 31st January, 2018 reducing the

period for inviting suggestions and objections by any person from a period

of 90 days to a period of 3 days. This was achieved by inserting a proviso

in Clause (b) of Rule 5 of the Rules which reads as follows:

“Provided that where the Central Government considers it expedient so to do for the purpose of maintenance of public order or in case of any exigency likely to effect the interest of the public, it may require such suggestions and objections to be filed within a period of 3 days from the date of the notice.”

6. Similarly, the period of 45 days for local authorities to raise

objections was curtailed to a period of 3 days under the circumstances

mentioned in the proviso to Clause (b) of Rule 5 of the Rules.

7. On the above basis, public notices were issued on 3 rd February,

2018 inviting objections and suggestions from the public. It appears that

3 days were not enough for inviting objections and suggestions. From

the list of the dates and events submitted by the learned Attorney General,

W.P. (C) No. 4677 of 1985 Page 3 of 7 the time for filing objections/suggestions was extended for another 2 days

that is 6th and 7th February, 2018 pursuant to public demand.

8. It appears that the response given by the public was overwhelming

and as many as 741 objections/suggestions were received.

9. It is submitted by the learned Attorney General that these objections

were considered and a hearing given to the objectors on 9th, 10th and 12th

February, 2018 when the objections and suggestions were considered. A

hearing given to as many as 210 persons by the Board of Enquiry.

Thereafter, the Board of Enquiry made a recommendation on or about

26th/27th February, 2018 for specific modifications in the proposals. These

were approved by the Authority on 27th February, 2018 and the proposals

as approved were forwarded by the Authority to the Ministry of Housing

and Urban Affairs of the Government of India for approval and final

notification under Section 11A of the Delhi Development Act, 1957.

10. On 6th March, 2018 this Court passed an interim order staying

further progress in the amendments to the Master Plan.

11. Thereafter, the Delhi Development Authority moved an application

for vacating the interim order and it was in that context that the order on

15th May, 2018 was passed, of which the learned Attorney General seeks

a modification.

W.P. (C) No. 4677 of 1985 Page 4 of 7

12. It was put to the learned Attorney General to point out the public

order situation which necessitated the amendment to the Rules and

curtailing the period of 90 days for filing objections by the public to 3

days. Apart from submitting that there were riots in Delhi, nothing further

was stated and not a single instance of any riot in any part of Delhi was

pointed out to us nor any FIR placed before us. We were also not told of

any exigency that could affect the interest of the public which necessitated

curtailing the period of 90 days for filing objections by the public to only

3 days.

13. On the other hand, the overwhelming number of objections and

suggestions given over a limited period indicates the concern of the public

in Delhi which is vitally interested in the proposed amendments.

Therefore, realising the importance of giving an adequate opportunity to

the public to raise objections which would have a vital impact on the

Master Plan for Delhi, the future of Delhi and the future generations in

Delhi, the order dated 6th March, 2018 was modified, thereby requiring

the Central Government to provide 15 days time to the public for giving

its objections and suggestions as against 90 days earlier provided. No

objection was rightly raised to this by the learned Attorney General on 15th

May, 2018 considering the concern and interest of the public in Delhi and

W.P. (C) No. 4677 of 1985 Page 5 of 7 the future generations. It is under these circumstances, that the order dated

15th May, 2018 was passed.

14. We may mention that it has been recorded that Delhi is being

ravaged by unauthorised encroachments and illegal constructions with

impunity and none of the civic authorities including the Delhi

Development Authority was sincerely carrying out its statutory duties. It

is painful to require the issuance of directions to statutory authorities to

carry out their mandatory functions in accordance with the law enacted by

Parliament. Unfortunately, the situation in Delhi warranted such a

direction due to the apathy of the civic authorities.

15. Again unfortunately, instead of taking the people of Delhi into

confidence with regard to amendments to the Master Plan, a bogey of

public order and rioting has been sought to be communicated to us as if

the law and order situation in Delhi was getting out of control. We are at

a loss to understand the hyper-reaction and how changes in the Master

Plan are sought to be brought about without any meaningful public

participation with perhaps an intent to satisfy some lobbies and curtailing

a period of 90 days to just 3 days on some unfounded basis. It must be

appreciated that the people of Delhi come first.

16. It is for the purpose of taking the public in Delhi into confidence

and working for their benefit that an opportunity was granted to make

W.P. (C) No. 4677 of 1985 Page 6 of 7 suggestions and raise objections to the proposed amendments to the

Master Plan and which were not objected to by the learned Attorney

General on 15th May, 2018 keeping in view the spirit behind the invitation

to object and make suggestions and curtailment of the normal statutory

period.

17. In view of the above, the oral request of the learned Attorney

General to modify the order dated 15th May, 2018 is rejected. The Central

Government should expeditiously implement the order dated 15th May,

2018 in letter and spirit keeping the interest of the public of Delhi in mind.

.....................................J (Madan B. Lokur)

New Delhi; .....................................J May 24, 2018 (Navin Sinha)

W.P. (C) No. 4677 of 1985 Page 7 of 7