NDLI: M.c. Mehta Vs. Union of India and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Environmental Law
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Writ Petition
Court	Supreme Court of India
Disposal Nature	Case Disposed Off
Headnote	Environmental Law:Construction by applicant-company – Pursuant to exemptiongranted u/s. 23 of Haryana Development and Regulation of UrbanAreas Act, 1975 on 17.04.1984 – By Notification dated 18.08.1992(issued under Punjab Land Preservation Act, 1900) prohibitedconstitution activity on the notified land (including the land of theapplicant) – In a parallel exercise, steps were taken by the Statenotifying development plan under Faridabad Complex (Regulationand Development) Act, 1971 – On the basis of exemption grantedin 1984, Town and Country Planning Department encouraged theapplicant to go ahead with its construction activity – Principal ChiefConservator of Forests was of the view that the land of the applicantwas a forest or was required to be treated as forest with the issuanceof Notification under PLP Act and hence, under Forest ConservationAct, 1980, permission of Central Government was required forcarrying on a non-forest activity – In the meantime several orderswere passed by Supreme Court regarding the issue of deforestationcoupled with other environmental issues (in respect of the area inwhich the land in question was situated) – Applications forclarification or modification or recall of orders – Held: The purposeof issuing the notification under PLP Act is to ensure that in theclosed area non-forest activities are not carried out – TheNotification is a clear indicator that such closed areas must be forestland or treated as forest land – Therefore, the land notified under PLP Act must be treated as ‘forest’ and ‘forest land’ and has in factbeen so treated for several decades by the State – Constructionactivity carried out by the applicant was clearly in violation of theNotification dated 18.8.1992 and in blatant defiance of orderspassed by Supreme Court – Town and Country Planning of the Statehad been supporting the illegalities of the applicant despite strongresistance from the Forest Department of the State – Extent ofviolation of the Notification is quite frightening as phenomenalenvironmental and ecological damage has been caused to the areaby the applicants – Construction of the land done prior toNotification date i.e. 18.08.1992 is saved and construction afterthe Notification date being -illegal must be demolished – However,the applicant is directed to compensate for the land, to those whohave made construction after the Notification date – Applicant isdirected to refund the amount with interest to those, to whom it hasconveyed the land – On the principle of ‘Polluter Pays’ applicant isdirected to pay 10% of the amount spent in the development of thearea, for rehabilitation of the damaged areas.Practice and Procedure:Applications filed before Supreme Court – Dealing of –Guiding factors – Held: The nomenclature given to an applicationis of no consequence – There is a growing tendency to providedifferent nomenclatures to applications to side-step the rigours oflimitations imposed on an applicant and the Court in dealing with areview petition – What is of importance is the substance of theapplication – If it is found in substance to be an application forreview, it should be dealt with by the Court as such, and bycirculation.
Judge	Hon'ble Mr. Justice Madan Bhimarao Lokur
Neutral Citation	2018 INSC 804
Petitioner	M.c. Mehta
Respondent	Union Of India And Ors.
SCR	[2018] 11 S.C.R. 384
Judgement Date	2018-09-11
Case Number	4677

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

M.c. Mehta Vs. Union of India and Ors.

Please Log-in to view this content

Similar Documents

M.c. Mehta Vs. Union of India and Ors.

M.c. Mehta Vs. Union of India and Ors.

M.c. Mehta Vs. Union of India and Ors.

M.c. Mehta Vs. Union of India & Ors.

M.c. Mehta Vs. Union of India and Ors.

M.c. Mehta Vs. Union of India and Ors.

M.c. Mehta Vs. Union of India and Ors.

M.c. Mehta Vs. Union of India and Ors.

M.c. Mehta Vs. Union of India and Ors.

M.c. Mehta Vs. Union of India and Ors.