M.C. Mehta v. Union of India

Delhi High Court · 10 Aug 2011 · 2011:DHC:17991-DB
Sanjay Kishan Kaul; Rajiv Shakdher
WP (C) No.13895/2009
2011:DHC:17991-DB
administrative petition_dismissed Procedural

AI Summary

The High Court disposed of the writ petition challenging setback provisions in MPD-2021, granting liberty to approach the Supreme Court and revive the petition if necessary.

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Present: Ms. Maldeep Sidhu, Advocate for the Petitioners.
Mr. M.K. Singh, Advocate for Respondent No.I/DDA.
Mr. Zubeda Begum, Advocate for Respondent No.2.
Mr. Ajay Arora, Advocate for Respondent No.3/MCD.
Mr. Anil Kumar Gupta & Mr. Vivek Singhal, Advocates for Respondent No.4.
+ WP (C) No.13895/2009
The MCD has filed copies of orders passed by the Hon'ble
Supreme Court in WP (C) No.467711985 titled M.C. Mehta Vs.
Union of lndia & Ors. Learned counsel states that this matter is still pending and all aspects of MPD-2021 are being examined by the Supreme Court. The grievance of the petitioners is qua the lack of set back in MPD-2021 where there are no service lanes at the back and is, thus, one aspect of MPD-2021. Learned counsel, thus, submits that it would be appropriate for the petitioner to approach the Supreme Court by filing an application in the aforesaid proceedings so that this aspect of no set back being provided where there is no service lane in the back can also be examined by the Supreme Court while examining other aspects of MPD-2021.
Learned counsel for the petitioners, thus, submits that she be given liberty to move the Hon'ble Supreme Court and in case the Supreme Court is not inclined to entertain the application
WP (C) No.138952009 Page 7 of2
2011:DHC:17991-DB
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SANJAY riSHnru KAUL, J.
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RAJIV SHAKDHER, J.
(e then to revive the present petition. She further makqa grievance about the fact that in plot No.50, Madhuban, Delhi, there are subsequent breaches as there is no proper parking space for two cars. Learned counsel for the MCD assures that the second aspect will be looked into in terms of what we have observed on
L7.L.2Ol1 in CM No.373/2011.
The writ petition accordingly stands disposed of with liberty to revive the petition in case the Hon'ble Supreme Court is not inclined to look into the aspect urged by the petitioners as part of its scrutiny of MPD-202I.
Dasti to learned counsels for the parties.
WP (C) No.738952009 Page 2 of2
2011:DHC:17991-DB
JUDGMENT