All India Lokadhikar Sangathan vs. Union Of India
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\222/ W.P(C)No. 725 OF 1994 L.......T.......T.......T.......T.......T.......T.......T.......T....R ITEM No.2 Court No. 2 SECTION PIL A/N MATTER S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION(CIVIL) NO.725/1994 NEWS ITEM"HINDUSTAN TIMES"A.Q.F.M.YAMUNA Petitioner (s) VERSUS CENTRAL POLLUTION CONTROL BOARD & ANR Respondent (s) (with appln.(s) for directions and impleading party and modification/clarification of Court's order dated 11.12.2001 and office report) WITH I.A. Nos. 20 & 21 in WP(C) NO. 4677/1985 (M.C. Mehta vs. Union of India & Ors.) with I.A. Nos.1207, 1183, 1216 and 1251 (with office report) WITH IA No. 26 in WP(C) No. 725/1994 (for intervention) Date : 20/02/2002 These Petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE B.N. KIRPAL HON'BLE MR. JUSTICE SHIVARAJ V. PATIL HON'BLE MR. JUSTICE BISHESHWAR PRASAD SINGH in WP(C) No. 725/1994 and@@ CCCCCCCCCCCCCCCCCCCCCCCCC IAs in WP(C) No.4677/1985@@ CCCCCCCCCCCCCCCCCCCCCCCCCC Amicus Curiae : Mr. Ranjit Kumar, Sr. Adv. For appearing parties : Mr. M C Mehta, Adv.(NP) Union of India Mr. Mukul Rohtagi, ASG Mr. Krishan Mahajan, Adv. Mr. K C Kaushik, Adv. Mr. R N Poddar, Adv. Mr. S.N. Terdol, Adv.(NP) Ms. Anil Katiyar, Adv.(NP) Mr. B V Balramdas, Adv.(NP) CPCB Mr. Vijay Panjwani, Adv. for Development Mr. D N Goburdhun, Adv. Commnr. Ms. Pinky Anand, Adv.
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Govt. of NCT, Delhi | Ms. Geeta Luthra, Adv.<br>Mr. D N Goburdhun and Ms. Pinky Anand, Advs. |
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MCD | Mr. Mukul Rohtagi, ASG<br>Ms. Indra Sawhney, Adv. |
DPCC | Mr. R.C. Verma, Adv.<br>Ms. Neeta Sinha, Adv.<br>Mr. Mukesh Verma, Adv. |
DDA | Mr. Vishnu B Saharya, Adv. for<br>M/s. Saharya & Co., Advs. |
Delhi Jal Board. | Mr. R S Suri, Adv.<br>Mr. Jagjit S Chhabra, Adv. |
for NCRP Board | Ms. Sheil Sethi, Adv.0<br>0 |
M/s.Ashoka Distillery | Mr. Ajay Varma, Adv.<br>Mr. Pavan Kumar, Adv. |
Mr. Ejaz Maqbool, Adv. for<br>for Maqbool, Mishra & Co., Advs. | |
Haryana State PCB<br>& Haryana State | Mr. Aditya Kumar Chaudhary, Adv.<br>Mr. J P Dhanda, Adv.<br>Ms. Raj Rani Dhanda, Mr. K P Singh,<br>Mr. Dhan Singh Nagar, Advs. |
State of U.P. | Mr. Ajay K Agrawal, Adv.<br>Ms. Alka Agrawal, Adv.<br>Mr. C Siddharth, Adv. |
UP PCB | Mr. Pradeep Misra, Adv. |
Municipal Corpn.,Gzb. | Mr. Sudhir Kulshreshtha, Adv.<br>Mr. Anil Kumar Sharma, Adv. |
GDA | Mr. Girish Chandra, Adv. |
NOIDA | Mr. Ashok K Srivastava, Adv. |
for applicant in<br>IA 26 in WP 725 | Mr. R.K. Jain, Sr. Adv.<br>M/s S.K. verma, Ms. Minoti Mukherjee,<br>Naveen Kumar, Gopal Krushna, M K Choudhary,<br>Ms. Ranjana Narayan and Mr. Ashutosh Kumar,<br>Advs. |
Mr. R K Maheshwari, Adv.(NP) | |
Mr. Ravindra Bana, Adv.(NP) | |
Ms. Hemantika Wahi, Adv. | |
M/s. Lawyers Associates, Advs.(NP) | |
Ms. Naresh Bakshi, Adv.(NP) | |
Mr. S K Mehta, Adv. (NP) | |
3/- |
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Mr. M L Lahoty, Adv.(NP)
Mr. M K Diwakaran Nambordiri, Adv.(NP)
Mr. Prashant Chaudhary, Adv.(NP)
UPON hearing counsel the Court made the following O R D E R
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It is stated that affidavit on behalf of the Union of India, Ministry of Environment in furtherance of the order dated 4th December, 2001 will be filed within two weeks. Needful be done.
I.A. No. 26 : Issue notice.
I.A. No. 25 : Union of India will file an affidavit indicating as to how many residential buildings or those buildings whose plans were passed for residential purposes even if they are now being used for commercial purposes, exist in the MCD area where the total height is in excess of 12.5 metres which is the maximum height under the proposed amendment. The affidavit be filed within four weeks.
M.C.D. is also directed to file within four weeks from today an affidavit indicating as to what it intends to do for stopping the gross misuse of the buildings in the residential areas which are being used for commercial purposes as has been directed by this Court's order dated 31st July, 2001. If no affidavit is filed, an explanation in respect thereof should be given to the Court by the Municipal Commissioner.
To come up on 2nd April, 2002.
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(D.P. WALIA) (S.L. GOYAL) @@ AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA COURT MASTER COURT MASTER @@ A AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA