Case Details: M.C. Mehta v. UoI And Ors. WP(C) No. 13381/1984 PIL

While hearing multiple interim applications filed in the Taj Trapezium matter connected with avoiding damage to and relocation of ground near the monument, an IA came to be filed by various shopkeepers who had shops within the Taj Trapezium Zone seeking adoption and execution of the proposed rehabilitation plan.

ASG Senior Advocate Aishwarya Bhati appearing for the State while opposing the IA submitted that “so far as this rehabilitation proposal is concerned, shopkeepers are seeking benefit of the scheme which has been lapsed in 2016 and therefore to that extent the application has become infructuous. Even otherwise, they are outside 5000 meters from the premises.”

The Bench remarked that” it does emerge that while the environment aspect is being looked into by NEERI, there may be occasion where these people who are in occupation of particular portions would have to be rehabilitated elsewhere. Thus, it is for the State Government to consider as to in what manner, the rehabilitation would be required to take place and merely because the earlier scheme has elapsed does not mean that the State can wash its hands off the issue. It is for the State to consider how the rehabilitation can take place in consultation with the Urban Development Authority. This should be done within 8 weeks. Report to be submitted to this court.”