Polluting industries can’t return: Supreme Court

NEW DELHI: The Delhi Development Authority must use land obtained by evacuating hazardous industries for planting trees or making community facilities, the Supreme Court has ruled.

The court on Thursday dismissed the plea seeking review of its 14-year-old land mark verdict on closure of such industries and their relocation from Delhi and said the land available after the relocation of the hazardous and noxious industries should not be used for any other purposes.

The owners of such industries had moved the court saying there was no formal acquisition of their land by DDA and that they should be paid compensation at the market rate for taking over of land located in prime locations.
A bench comprising Chief Justice K G Balakrishnan, Justice R V Raveendran and Justice J M Panchal said, there was no looking back on the 1996 judgement that fixed the ratio for the land owners, a portion on which they could construct residential buildings and the other which had to be surrendered to DDA.

It said, there no change could be effected in the 1996 categorical direction to the DDA that the surrendered land had to be retained as green belt and open spaces and could not be sold, constructed or developed by DDA. Under the 1996 judgement, the SC had ordered that the land to be surrendered and dedicated for community use was 57% where the plot size was 0.2 hectares to 5 ha), 65% where plot size was 5 ha to 10 ha and 68% in case of plots bigger than 10ha.

The bench said: “So long as the land remained lung space/green area, there is no question of any payment to the owner, as compensation or otherwise.” “It therefore, follows that such land dedicated by private owners to the community, is acquired for any other purpose, or is diverted to any other use by DDA (as for example for putting up constructions or for sale or lease for development or construction), the land owner will be entitled to compensation,” said Justice Balakrishnan writing the verdict for the bench.

The court asked the DDA to maintain a trust account of such surrendered land. “This would mean that the DDA which holds the surrendered land cannot use it for any purpose other than as green belt or other spaces for the benefit of the community,” it added.

The court, however said, “ where the land surrendered is very small (say on account of 57% of 0.2 hectare that is 1140 sqm being surrendered) or being of an irregular shape, and DDA finds that it is not feasible or practical to maintain any small areas as independent green belt or park or playground or lung space or to safeguard any such area from encroachers, DDA can take steps to consolidate several smaller areas into larger blocks in the same locality so that they can be used effectively. For that purpose, DDA may also enter into suitable arrangements by way of exchange or otherwise.

But any such consolidation or exchange shall be only with the sanction of the District Court, Delhi, after notice to the Landowners - Dedicators. Any change in use of such surrendered land held in trust by DDA or any transfer by DDA shall be only after securing prior permission from the High Court of Delhi”.