SUPREME COURT OF INDIA

Before:- G.B. Pattanaik and N. Santosh Hegde, JJ.

I.A. No. 157 in I.A. No. 22 in W.P. (C) No. 4677/1985 with I.A. No. 417 in I.A. No. 22 in W.P. (C) 4677/85: (RE: M/s. Shriram Food & Fertilizers) with I.A. 429 in I.A. 22 in W.P. (C) 4677/85 (RE: M/s. S.B.M. & D.C.M. Ltd.) with I.A. 443 in I.A. 22 in W.P. (C) 4677/85 (RE: B.O.C. India Limited.) with I.A. No. 444 in I.A. No. 22 in W.P. (C) 4677/ 85 (RE: Hindustan Insecticides Ltd.). D/d. 22.9.1999.

M.C. Mehta - Petitioner

Versus

Union Of India & Ors. - Respondents

Constitution of India, 1950, Articles 226 and 227 - Contempt of Courts Act, 1971 - Environment Pollution in Delhi - Public Interest Litigation filed - Direction issued for closure and surrender of land by Hazardous Industries - Application filed contending that direction cannot be implemented until and unless compensation for same is paid - Court issued show cause notice to hazardous industries as to why proceeding under Contempt of Court Act shall not be initiated for non-compliance of direction of Court, as surrender of land is not connected with payment of compensation for same.

[Para 3]

JUDGMENT

I.A. No. 157

1. Though this application has been made on 2-9-1997 the learned counsel for the applicant withdraws the same in view of the direction already issued. The application is dismissed as withdrawn.

I.A. No. 417 & 443

2. In view of our order of yesterday (21- 9-1999) question of allowing DDA to be impleaded as a party does not arise. The I.As. are dismissed.

I.A. No. 429 & I.A. No. 444

3. These applications have been filed contending, inter-alia, that the direction to surrender land cannot be implemented until and unless compensation for the same is paid in accordance with law. Yesterday, we have issued notice to all the owners of the hazardous industries to show cause as to why proceeding under the Contempt of Courts Act shall not be initiated for non-compliance with the direction of this Court as in our view direction to surrender land is no way connected with the payment of compensation for the same.

4. Put up these applications along with I.A. 129.

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