Holding

The State Government’s approval of the DLF scheme was valid, the Section 6 procedure was not required, and the Government was competent to exercise power under Section 95, so the High Court’s order was set aside.

Summary

M/s DLF Universal Ltd. proposed a garden colony of 270 country‑type villas on agricultural land along the Arkavathi River. The Karnataka State Government approved the scheme on 29 June 1991, imposing conditions prescribed by the State Pollution Control Board to prevent water pollution and ensuring water supply from bore‑wells. Residents of Bangalore filed public‑interest writ petitions alleging that the scheme would pollute the river and deplete water for the city, and the High Court set aside the Government order. The Supreme Court held that the Government had duly considered the pollution‑control conditions, that the scheme would not affect water availability, and that the approval did not require compliance with the Section 6 procedure for declaring a new village. It further held that the State Government was competent to exercise the power under Section 95 of the Karnataka Land Revenue Act and that the petitioners had no statutory right to object before the Deputy Commissioner. Consequently, the High Court’s judgment was set aside and the writ petitions dismissed.

Issues considered

The State Government, in approving the DLF scheme, kept in view the public interest concerning pollution of the Arkavathi River and water supply to Bangalore.
Whether the approval order suffers from any infirmity warranting judicial interference.
Whether the State Government was required to follow the procedure laid down in Section 6 of the Karnataka Land Revenue Act before granting approval.
Whether the State Government had the competence to exercise the power under Section 95 of the Karnataka Land Revenue Act.
Whether the petitioners had a statutory right to raise an objection before the Deputy Commissioner under the Land Revenue Act.

Legislation cited

Constitution of Indias. Article 14, s. Article 21, s. Article 226
Karnataka Land Revenue Act, 1964s. 4, s. 49, s. 5, s. 6, s. 95, s. 95(3), s. 95(4)
Karnataka Town & Country Planning Act, 1961

Subjects

public interest litigationland conversionagricultural to non‑agricultural usepollution controlwater supplyKarnataka Land Revenue ActSection 95Section 6environmental lawtownship

Judgment

M/S. DLF UNIVERSAL LTD. A
v.
PROF. A. LAKSHMI SAGAR AND ORS. ETC.

SEPTEMBER 2, 1998
B
[M.M. PUNCHI, CJ, S.C. AGRAWAL AND A.P. MISRA, J.T.]

Kamataka Land Revenue Act, 1964-Sections 6, 95-Convaiion of
agriC!lllllral land for non-apicultural use--Grant of pe11nissio11-Power and
procedur<:-Scheme for constmction of villa~Power to pwzt approval con-
fe1red on Deputy Con11nissione1~Diversion of use sought in respect of lmge c
number of plots of land-Whether State Govemment was comretent to exer-
cise power u/s 95-Held, Yes-Whether State Govemment was required to
fallow procedure laid down in sec. 6 before passing order approving the
schem<:-Held, No.
D
Co11stitution of India, 195£r-Art. 226--Public interest litiga-
tion--Schcme for constmction of villas 011 bank of 1ive1~rallt of pe11nission
for conversion of agricultllral land for non agriculwral use.1~hal
lenged-TVhether co11st111ction of township on bank of the river would adver-
sely affect quantity a11d qiwlity of water to city of Bangalor1:-Held, No.
E
The appellant submitted a proposal for a scheme of developing a
garden colony of 270 country type plots of one acre or more having a villa
each. After taking into consideration the views expressed by various
authorities, the State Government granted the sanction. The petitioners,
residents of the city of Bangalore filed Writ petitions by way of public F
interest litigation challenging the order of the State Government on the
ground that construction of township on the banks of Arkavati River will
affect both the quality and quantity of water in the river which wonld be
injurious to the interests of the people residing in the city of Bangalore.
Allowing the writ petitions, the High Court set aside tht order passed by
the State Government. Hence these appeals. The issues raised for con- G
sideration were (i) whether in passing the order giving its approval to the
proposed scheme has the State Government kept in view the interest of the
Public in the matter of pollution of the water of the river and water
reservoirs and the availability of supply of water to the city of Bangalore;
and (ii) whether the approval of the proposed scheme by the State Govern- H
335
336 SUPREME COURT REPORTS (1998) SUPP. l S.C.R.

A ment suffers from an infirmity justifying interference by the court in
exercise of its power of judicial review.

Allowing the appeals, this Court

B HELD : I. In the matter of pollution of the waters the order of the
State Government takes note that the revised scheme submitted by DLF
involves construction of individual septic tanks coupled with soil absorp-
tion system with dispersion trenches and that the ellluent water will be used
for gardening, etc. Under the scheme each country villa will have a septic
tank coupled with soil absorption system and each septic tank will cater for
C 15 users and the septic tanks ""ill be located at a minimum distance of 100
mtrs. away from the river line. The order shows that reference had also been
made to the Karnataka State Pollution Control Board, and the Board in its
reply had stated that the proposal of DLF may be approved subject to the
conditions set out in the said letter. The State Government arrived at the
D decision to grant approval to the proposed scheme of DLF keeping in view
the said conditions indicated by Karnataka State Pollution Control Board
and in the order granting permission, it is provided that DLF shall stipulate
in each sale/lease deed (to be registered), while selling the plots/country,
that each buyer of the site/country villas shall strictly abide by the pollution
control devices recommended by the Karnataka State Pollution Control
E Board and that the said Board will have the right to inspect and satisfy itself
""ith the compliance of the measures and, in case of any violation, the said
Board shall take action as per rules against the violator(s). This would
show that while granting permission the State Government has kept in view
the danger of pollution of water of river Arkavati and Thippagondanajally
F water reservoir and has taken adequate precautions against the possibility
of such pollution by imposing strict conditions as laid down by the State
Pollution Control Board in that regard. While granting approval to the
proposed scheme of DLF the State Government has also directed that any
monitoring by peasemeters may be undertaken directly by the State Pollu-
tion Control Board and Water Supply and Sewerage Board independently
G of DLF. (350-A-C; 361-B-E]

1.2. The order granting permission shows that it was passed after the
State Government has taken into consideration all the relevant factors and
approval was given to the proposed scheme after the State Government was
H satisfied that the proposed scheme will not effect the availability of water
DLF UNIVERSAL LTD. v. P~OF. A. LAKSHMI SAGAR [S.C. AGRA WAL. J.] 337

for supply to the city of Bangalore and had also prevented the possibility A
of pollution of waters of river Arkavati and Thippagondanahally Water
reservoir by laying conditions. [353-D-E]

1.3. Grant of approval to the proposed scheme does not amount to
declaring the said area as a new village or the alteration of the area of an
existing village. The question whether the colony which comes into existence B
under the scheme as proposed is to be declared to be a new village or is to
be included in an existing village will have to be considered after the
development takes place as proposed in the scheme and at that stage the
requirements of section 6 of the Karnataka Land ·Revenue Act may have to
be complied with. Therefore, the High Court was not justified in holding
that the State Government was rec1uired to follow the procedure laid down
c
in section 6 of the Land Revenue Act before passing the order approving
the proposed scheme. [355-B-D]

CIVIL APPELLATE JURISDICTION: Civil Appeals Nos. 4546-48
of 1992 Etc. D
From the Judgment and Order dated 24.4.92 of the Karnataka High
Court in W.P. Nos. 2285/92, 23470 and 24877 of 1991.

C.A. Nos. 4543-45/92 and I.A. Nos. 1-42 in SLP (C) No. 10914-
55/1991.
E
Kapil Sibal, S.S. Javeli, Ms. Veerappa, Kh. Nobin Singh, Ravinder
Narain, S. Sukumaran, Sanjiv Sen, Ratanesh, Ms. Deepa Rathore, Ms.
Neeti Dixit, P.R. Ramasesh, K.R. Nagaraja and K.K. Tyagi for the appear-
ing parties.
F
The Judgment of the Court was delivered by

S.C. AGRAWAL, J. Civil Appeals Nos. 4546-48/92 and Civil Appeals
Nos. 4543-45/1992

These appeals arise out of three writ petitions filed by way of public G
interest litigation in the Karnataka High Court to challenge the order dated
June 29, 1991 passed by the Government of Karnataka approving the
scheme framed by M/s D.L.F. Universal Limited [for short "DLF] for
development of 270 sites for country villas in Tavarekere Hobli, Bangalore
South Taluk, Bangalore District. By its judgment dated April 24, 1992 the
High Court, while allowing the said writ petitions has set aside the said H
338 SUPREME COURT REPORTS [1998] SUPP. 1 S.C.R.

A order of the State Government dated June 29, 1991.

During the period 1972-76, forty-two serving and retired members of
the Indian defence Forces individually purchased lands admeasuring about
414 acres in Magadi Taluk of Bangalore Rural District. The owners of
thes~ lands formed themselves into a cooperative society called "the
B Arkavati Progressive Farmers Cooperative Society" [hereinafter referred to
as 'the Cooperative Society"]. In 1979 the said land owners submitted
applications before the Special Deputy Commissioner, Bangalore Rural
District, for permission to divert their lands to non-agricultural purposes
under Section 95 of the Karnataka Land Revenue Act, 1964 [hereinafter
referred to as "the Land Revenue Act"]. The Special Deputy commissioner,
c after obtaining the views of the Director (Town Planning), passed orders
in May, June and July 1979 in some of those cases according sanction for
diversion of the lands for non-agricultural/industriaVresidential purposes
subject to the conditions mentioned in those orders. In other cases the
Special Deputy Commissioner either did not communicate the order
D rejecting the request for permission or did not pass any kind of order for
a period of four months from the date of application filed by the different
holders with the result that in all such cases permission sought was deemed
to have been granted under Section 95(5) of the Land Revenue Act. The
Bangalore Water Supply and Sewerage Board [hereinafter referred to as
"the Water Supply and Sewerage Board"] filed appeals against the said
E orders/deemed orders of the Special Deputy Commissioner before the
Karnataka Appellate Tribunal [hereinafter referred to as "the Tribunal"]
under section 49 of the Act. The said appeals were dismissed by the
Tribunal by its judgment dated August 13, 1981. After the passing of the
said order of the Tribunal dated August 13, 1981 the owners whose
F applications had been rejected earlier and those who did not receive the
orders on their applications regarding conversion filed fresh applications
before the Special Deputy Commissioner and the Special Deputy Commis-
sioner by his orders dated March 27, 1982 granted permission for conver-
sion under Section 95 to those applicants also. Feeling aggrieve.cl by the
G said judgment of the Tribunal as well as the orders dated March 27, 1982
passed by the Special Deputy Commissioner, the Water Supply and
Sewerage Board filed writ petitions [W.P.Nos. 19919-19954 of 82 and
21172- 21177 of 82) before the Karnataka High Court. In the meanwhile
the lands of the individual owners were purchased by DLF and it got itself
impleaded as respondent in those writ petitions. The said writ petitions
H were allowed by a learned Single Judge of the High Court by his judgment
. DLF UNIVERSAL LTD. v. PROF. A LAKSHMI SAGAR [S.C. AGRAWAL, J.] 339

dated April 27, 1987 whereby the order of the Tribunal dated August 13, A
1981 as well as the orders dated March 27, 1982 passed by the Special
Deputy Commissioner were quashed on the view that having regard to the
provisions contained in the Karnataka Town & Country Planning Act, 1961
[hereinafter referred to as "the Planning Act"] and Section 148 of the Land
Revenue Act for a change in land use for the purpose of establishing a new
village or township or city, as the case may be, the State Government must B
first take a decision as to whether a new village or township or city should
be raised in a particular area and if it decides that in a particular area a
new village or township or city should be raised it has to issue a notification
declaring that area as the local planning area for the purpose of the
Planning Act and thereafter further steps in accordance with the provisions
of the Planning Act had to be taken and it is only on complying with these
c
provisions the permission for conversion of agricultural lands for non-
agricultural purposes under Section 95 of the Act can be sought and
obtained in the case of establishment of a new township. It was held that
it is a case where large tract of agricultural land is being used for raising
a new township and this was a matter which lies within the exclusive D
decision of the State Government and it is the State Government which has
to decide and select the area for location of new village, township or city,
as the case may be.

Writ Appeals Nos. 744-785 of 87-fil~d against the said judgment of E
the learned Single Judge were dismissed by the Division Bench of the High
Court by judgment dated November 28, 1990. Agreeing with the views of
the learned Single Judge the learned Judges held that the State Govern-
ment must first take a decision as to whether a new village or township or
city should be raised in a particular area and if it decides to do so it has
to issue a notification declaring that area as the local planning area and F
the necessary steps ought to follow and thereafter a notification under
Section 148(1) of the Land Revenue Act could be issued and it is only
thereafter the question of converting an agricultural land into non-agricul-
tural purposes under Section 95 of the Act would arise. The learned Judges
of the Division Bench of the High Court, while dismissing the appeals, G
observed:-

"Our judgment will not come in the way of the Government
independently considering the matter and coming to any con-
clusion on merits." H
340 SUPREME COURT REPORTS [1998] SUPP.1 S.C.R.

A At this stage it may be mentioned that while the aforementioned writ
petitions were pending before the learned Single Judge a revised scheme,
DLF Arkavati Green Valley Retreat Scheme, was submitted by DLF
before the Government of Karnataka on December 1, 1984. The original
proposal of the owners of the plots who were seeking conversion was for
B construction of 770 farm houses. In the revised scheme submitted by DLF
the proposal was for developing a garden colony of 270 country type plots
of one acre or more having a villa each. The said revised proposal was
under consideration before the State Government during the pendency of
the writ petitions before the learned Single Judge and the writ appeals
before the Division Bench of the High Court and the fact that such a
C revised proposal had been made by DLF had also been brought to the
notice of the D,vision Bench of the High Court by DLF by submitting an
application in the writ appeals.

After the decision of the Division Bench of the High Court dated
D November 28, 1990 the said revised scheme submitted by DLF was con-
sidered by the State Government in the Department of Housing and Urban
Development. The Karnataka State Pollution Control Board, the Director
(Town Planning) and the Secretary lo the Government of Karnataka,
Revenue Department were also asked to examine and furnish their views
on the revised proposal submitted by DLF. The Secretary to the Govern-
E ment of Karnataka, Revenue Department, referred the matter to the
Special Deputy Commissioner, who, by his letter dated May 10, 1991,
communicated his views as under:-

"In the instant case, the conversion already given by the Special
F Deputy Commissioner, Bangalore, has been set aside by the
Hon'ble High Court since their earlier proposal was for estab-
lishing a Township consisting of nearly 700 sites. The present
revised proposal is for establishing only 270 villas. This area is also
outside the CDP, Planning Zone (also not under Green Belt) and
purely from the Revenue Department point of view I am of the
G opinion that there will be no objection to grant non-agricultural
permission is this case, the earlier conversion orders will be
reviewed if Government approve/sanction the revised proposal."

The Secretary to the Government of Karnataka, Revenue Department, by
H his letter dated May 14, 1991 informed the Department of Housing &
DLFUNIVERSALLTD.v. PROF. A. LAKSHMI SAGAR(S.C.AGRAWAL,J.] 341

Urban Development about the views referred in the detailed report fur- A
nished by the Special Deputy Commissioner, Bangalore, on May 10, 1991
and expressed his views as under:-

"Considering all the aspects, the Revenue Department is of the
opinion that the conversions already granted shall continue and
orders if any required in this regard would be issued immediately B
after the decision to permit this new proposal in totality by the
HUD Dept. is made known to us. I am sure HUD could be
separately looking into the matters concerning pollution feared by
the BWS&SB."

The Karnataka State Pollution Control Board by their letter dated
c
May 13, 1991, addressed to the Secretary to the Government of Karnataka
Housing & Urban Development, expressed the view that the revised
proposal submitted by DLF may be approved subject to the conditions as
indicated in the said letter. The Director (Town Planning) in his letter
dated May 17, 1991 sent his note considering the various aspects. After D
taking into consideration the views expressed by the authorities aforemen-
tioned the State Government passed the order dated June 29, 1991 which
reads as under:-

"PROCEEDINGS OF THE GOVERNMENT OF KARNATAKA
E
Sub : Mis DLF's Arkavathi Green Valley Retreat Scheme
Development of 270 sites for Country Villas - reg.

Read : (i) Proposal dt. 12.8.1985 from Mis DLF Ltd., New
D~ F
(ii) Letter dt. 20.8.1991 from Mis DLF Ltd.
(iii) U.O. Note No. RO 91 LGB 91 dt. 14.5.1991
from the Secretary to Government, Revenue
Department.

(iv) Letter No. TPIAD21ISSC/Devl91-92 dt. 17.5.91 G
from the Director of Town Planning.

(v). Letter No. BMRADIECl319191-92 dt. 18.5.91 from
the Metropolitan Commissioner, BMRAD,
Bangalore. H
342 SUPREME COURT REPORTS (1998] SUPP.1 S.C.R.

A Preamble:- M/s DLF Univers<1-l Limited alongwith its As-
sociated and Subsidiary Companies have acquired about 414 acres
of land falling in Survey Numbers 1/6, 1/7, 2, 4, 5, 6/1, 6/2, 7, 12,
13/2, 19 to 69,71 to 81, 83/1, 87/4, 88,90, 91, 92/1, 92/2, 93/1,
93/2,93/3,109/3 and 109/4 in Gangennahalli Village, 37/5 in Kur-
B Bubarahalli Village, 7 to 11, 13, and 14 in Varathur Village and 1
to 31 in Varthur Narasimhapura Village all in Taverekere Hobli,
Bangalore South Taluk, Bangalore D,istrict, on the both sides of
River Arkavathi originally for the purpose of formation of residen-
tial colony under the name of Mis DLF Arkavathi Green Valley
Retreat Scheme with Central Sewerage System. The Bangalore
c Water Supply and Sewerage Board vide its letter dt. 2.1.85 had
suggested to the Government to examine the entire matter. In the
meanwhile, M/s DLF Universal Limited has submitted revised
proposal on 12/13.8.85 stating that the new system involves con-
struction of individual septic tanks coupled with soil absorption
D system with dispersion trenches and the effluent water will be used
for gardening, etc. They claim that there would be no seepage and
consequent pollution. The number of plots will not exceed 270 and
they will be utilised for construction of "Country Villas" by the
buyers of the Sites/plots and by M/s DLF Universal Limited. The
E plots will be approximately one acre in extent and above and no
further sub-division by way of sale will be permitted. As against
the previous proposal of Central sewerage plant for treatment of
effluent, the revised proposal entails that each country villa will
have septic tank coupled with soil absorption system. Each septic
F tank will cater for 15 users and the septic tanks will be located at
a minimum distance of 100 meters away from the river line. Apart
fro}ll this, the effluent will be used for gardening in each plot.
Water supply for the colony at 10 lakhs litres per day will be met
from Bore-Wells and open wells. The garden colony will have
G extensive tree plantings which will improve the ecology of the
whole area. The then Hon'ble Chief Minister visited the spot
alongwith the then Chief Secretary, Secretary to Chief Minister
and Minister for Housing & Urban Development Department on
12th August, 1985. Subsequently, the government had constituted
H an expert committee to consider the matter and also later on the
DLF UNIVERSAL LTD. v. PROF. A. LAKSHMI SAGAR [S.C. AGRAWAL, J.] 343

recommendations of this committee were forwarded to the Kar- A
nataka State Pollution Control Board among others for views. ln
the meantime, the BWSSB had approached the Hon'ble High
Court of Karnataka and the latter in W.P. No. 19919 to 19954 and
~ 21172 to 21177 of 1982 quashed the Order of the Karnataka
Appellate Tribunal dated 13.8.81, by which the permission given
B
by the Revenue Department for conversion from agriculture to
non-agriculture purpose has been upheld etc., etc. Against this
orcl_er of the High Court of Karnataka (Single Bench) M/s DLF
Universal Ltd. and others filed Writ appeals before the Karnataka
High Court and the latter also dismissed these Writ Appeals. But
while doing so, it expressed the opinion in W.A. No. 744 to 785 of
c
1987 by order dt. 28.11.1990 that "our judgment will not come in
the way of the Government independently, considering the matter
and coming to any conclusion on merits". In the meantime, the
Government also had called for the opinion of the Secy. to Govt.
in the Revenue Department, the Director of Town Planning, D
BMRDA and the Karnataka State Pollution Control Board etc.
The Karnataka State Pollution Board has sent its reply vide its
letter dt. 13.5.1991 stating that the proposal of M/s DLF and other
may be approved subject to the following conditions:-
E
(i) Since the area proposed to be developed is in the
sensitive zone, i.e., Catchment area of Thippagon-
danahally Reservoir, all precautions are required to be
taken so that there will not be any direct or indirect
entry of sewerage effluent to the reservoir or the river.
F
(ii) The septic tank, soak pit, dispersion system of each
farm house shall be located farthest from the borders of
the reservoir and the river.

(iii) The design for the septic tank, soak pits and <lisper-
sion system shall be submitted to Karnataka State Pol-
G
lution Control Board and approval obtained before
commencement of building activities.

(iv) The sludge from the septic tank shall be removed
compulsory once in two years, dried in a separate yard H
344 SUPREME COURT REPORTS (1998) SUPP. l S.C.R.

A following scientific method for which records must be
maintained and produced for v~rification by Karnataka
State Pollution Control Board.

(v) Pesticides, fungicides and insecticides should be ap-
plied on the vegetation in the area in a scientific method
B as approved by the Agricultural Department to avoid
contamination of surface water.

(vi) Peasemeters shall be positioned at reg.ular intervals
along the reservoir of river borders in the proposed site
after getting the advice from the National Environmen-
c . ta! Engineering Research Institute, Nagpur for ap-
propriate monitoring of contamination of ground water
likely to be leached to either river or reservoir.

(vii) the applicant shall abide by such other conditions
D as prescribed by the Karnataka State Pollution Control
Board as and when the same are found necessary.

These recommendations/conditions of the Karnataka State Pollu-
tion Control Board, alongwith the opinion received from others
and also taking into consideration an overall view of the entire
E matter and the letter dt. 20.5.1991 of M/s DLF Universal Ltd.,
the Government have decided to take the following decisions in
public interest :

Order No. HUD 90 MRI 84, BANGALORE
DATED 29TH JUNE 1991.
F
(A) M/s DLF is hereby directed to stipulate in each sale/lease ·deed
(to be registered), while selling the plots/country villas that each
buyer of the site/country villas shall strictly abide by the pollution
control measures recommended by the Karnataka State Pollution
G Control Board as stated above and the latter will have the right to
inspect and satisfy itself with the compliance of the measure and
in case of any violation, the Pollution Control Board shall take
action as per rules against the violator(s).

(B) Government hereby ordered for continuance of the permission
H given for a conversion by the Revenue Department in 1979-82 for
DLF UNIVERSAL LTD. v. PROF. A. LAKSHMI SAGAR [S.C. AGRAWAL, J.] 345

converting these lands to non-agricultural purpose (residential). A
(C) It is further directed that any monitoring by peasemeters may
be undertaken directly by the Karnataka State Pollution Control
Board, and BWSSB, independently of DLF Universal Ltd.

(D) The DLF Universal Ltd. would be over a period of time B
disposing off all the sites/country villas and accordingly the owner-
ship of these plots/country villas will get progressively transferred
... to different individuals. It is, therefore, directed that all obligations
and restrictions that may be imposed on M/s DLF Universal Ltd.
by Governmental authorities will have to ultimately and progres- C
sively be applicable to devolve upon the successors of M/s. DLF
Universal Ltd. to whom these plots/country villas will finally get
transferred by sale/lease deeds.

(E) The revised present proposals dt. 12/13.8.85 for development
of sites not exceeding 270 numbers for construction of country villas D
by M/s DLF Universal Ltd. and/or their successors are only out lines
regarding the layout, the roads and other facilitir.s. It is directed that
a firm commitment on the development of sites not exceeding 270
country villas will be strictly adhered to by M/s DLF Universal and
their successors. Therefore, :my modifications to the layout if found E
necessary later on, while executing the civil works, may be permitted
in consultation with the Town Planning Authorities, but in no way
sites for 270 country villas will be exceeded.

BY ORDER AND IN THE NAME OF THE
GOVERNOR OF KARNATAKA F
(H.K. SAMPANGIRAMAIAH)
Under Secretary to Government,
Housing & Urban Development Department."

The said order dated June 29, 1991 was challenged by the petitioners G
in the three writ petitions which were filed by way of public interest
litigation on the ground that by allowing a township to come up on the
banks of Arkavati River by construction of 270 country villas both the
quality and quantity of water in the river and the water reservoir con-
structed at Thippagondanahally across the river Arkavati, which is one of H
346 SUPREME COURT REPORTS (1998) SUPP.1 S.C.R.

A the main sources for supply of water to the city of Bangalore, would be
adversely affected which would be injurious to the interests of the people
residing in the city of Bangalore and that not only there would be depletion
in supply of water but also there is every chance of pollution of water. The
following contentions were urged by the petitioners in support of their writ
B petitions before the High Court:-

(1) The impugned order which directs that permission for conver-
sion of agricultural lands for non-agricultural use which ·were
quashed by the High Court shall continue is high-handed, arbitrary,
_,.
illegal, destructive of Rule of Law and also amounts to committing
c contempt of the High Court.

(2) Under the Land Revenue Act the Government had no power
to grant permission for conversion of agricultural lands for non-
agricultural use as that power under Section 95 thereof is conferred
only on the Deputy Commissioner and therefore the order is
D without authority of law.

(3) Though the clear pronouncement of the High Court in the writ
petition filed by the Board and in the writ appeal arising therefrom
was,. unless a new township is established after following the
procedure prescribed under the Land Revenue Act, and the Plan-
E
ning Act, question of exercise of power under Section 95, would
not arise, the Government has passed the impugned order allowing
a new Township and therefore not only it is violative of the Land
'Revenue Act but also a clear case of flouting the decision of the
High Court.
F
(4) The impugned order is totally arbitrary and violative of Articles
14 and 21 of the Constitution, as it adversely affect the quality and
quantity of drinking water to the city and it is passed for collateral
consideration, namely, the influence brought to bear on the
-
Government by the DLF and which would benefit only the DLF
G
to make profit and a few affluent individuals to put up country
villas which would be at the cost of the interests of millions of
residents of the city of Bangalore.

(5) Though by the force of Section 79-A and/or Section 79-B of
H the Land Reforms Act the 414 acres of land has to be forfeited to
DLFUNIVERSALLID.v. PROF. A. LAKSHMI SAGAR[S.C. AGRAWAL, J.) 347

Government, the Government has chosen to pass the impugned A
order and therefore, it is illegal.

The first three contentions have found favour with the learned Judges
of the High Court and, accepting the said contentions, the High Court has
set aside the order dated June 29, 1991 and the said writ petitions have
been allowed by the impugned judgment of the High Court. B

Civil Appeals Nos. 4543-4545 of 1992 have been filed by the State of
Karnataka, whiJe Civil Appeals Nos. 4546-4548 of 1992 have have been filed
by DLF against the said judgment of the High Court. The State of Kar-
nataka has, however, filed I.A. Nos. 4-6 seeking permission to withdraw the c
appeals. The said applications are allowed and Civil Appeals Nos. 4543-
4545 of 1992 filed by the State are dismissed as withdrawn.

Shri Kapil Sibal, the learned senior counsel appearing for DLF, has
urged that the High Court was in error in proceeding on the basis that the D
revised scheme submitted by DLF was for establishing a new township and
that by order dated June 29,1991 permission had been granted for estab-
lishment of a new township. It has been urged that under the revised
scheme what is proposed is to construct about 270 villas over plots measur-
ing one acre or more each and that the construction of 270 villas on plot
of one acre each cannot be regarded as establishing a township. The E
proposed scheme was really a scheme for conversion of agricultural land
for use for non-agricultural purposes, namely, residential purposes and it
was required to be considered only under Section 95 of the Land Revenue
Act and that the High Court was not right in holding that the State
Government was required to follow the procedure laid down in Sections F
4, 5 and 6 of the Land Revenue Act. As regards the exercise of power
under Section 95 of the Land Revenue Act, the submission of Shri Sibal is
that one has to look at the substance of the matter and if it is considered
in that light it would be evident that the matter relating to grant of approval
for diversion of agricultural land for use for other purposes under Section
95 has been considered by the Special Deputy Commissioner since, in his G
communication dated May 10, 1991, addressed to the Secretary, Govern-
ment of Karnataka Revenue Department, the Special Deputy Commis-
sioner had expressed the view that from the revenue point of view in his
opinion there was no objection to grant of permission for conversion to
non-agricultural purposes. Shri Sibal has contended that although techni- H
348 SUPREME COURT REPORTS [1998] SUPP. l S.C.R.

A cally speaking the order for continuing of the permission earlier granted
could not be passed in view of the judgments of the learned Single Judge
of the High Court as well as the Division Bench of the High Court in the
earlier writ petitions filed by the Water Supply and Sewerage Board
whereby the orders granting approval for such conversion had been
quashed but, in substance, the order dated June 29, 1991 is an order for
B fresh grant of permission under Section 95 of the Act. In this context, Shri
Sibal has urged that in a public interest litigation the court examines the
substance of the matter and sees whether the impugned action causes
injury to the larger public interest and that if the order of the State
Government dated June 29, 1991 is examined in that light it cannot be said
C that while passing the said order the State Government has not kept in view
the larger public interest. Shri Sibal has emphasised that before passing the
order dated 29, 1991 the State Government had obtained the views of the
concerned departments, namely, the Revenue Department, the Karnataka
State Pollution Control Board and the Department of Town Planning and
D while passing the order the State Government has given due consideration
to these views. Assailing the impugned judgment of the High Court holding
• that the proposed scheme would result in depletion of the available supply
of water in Arkavati river and Thippagondanahally water reservoir, Shri
Sibal has submitted that no water would be taken either from Arkavati river
or from the reservoir and that need of water supply for the proposed colony
E would be met by open wells and bore wells on the plots. As regards the
apprehension that the proposed scheme would result in pollution of the
water in the river or the reservoir, Shri Sibal has submitted that the
Karnataka State Pollution Control Board has laid down stringent condi-
tions with a view to preventing any possibility of such pollution and that
F the order passed by the State Government requires DLF to fully abide by
the conditions that are imposed by the Karnataka State Pollution Control
Board and the State Government in that regard.

Shri J aveli, the learned senior counsel appearing for the petitioner-
G respondents, who had filed the writ petitions in the High Court, has,
however, submitted that the High Court has rightly quashed the order
dated June 29, 1991 passed by the State Government and that the proposed
scheme would result in depletion of availability of water in river Arkavati
and Thippagondanahally reservoir which is the main source of water supply
to the city of Bangalore. In this connection, Shri Javeli has invited our.
H attention to the impugned judgment of the High Court wherein it has been
DLFUNIVERSALLTD.v. PROF.A. LAKSHMISAGAR[S.C.AGRAWAL,J.] 349

observed that the Water Supply and Sewerage Board, in the earlier writ A
petitions had taken the stand that the proposed scheme would result in
deple.tion of available supply of water in the reservoir, but in the present
case the Water Supply and Sewerage Board has chosen not to file any
reply. The submission of Shri Javeli is that in the circumstances the High
Court was right in proceeding on the basis that in the absence of any reply
by the Water Supply and Sewerage Board the earlier position taken by the
B
Water Supply and Sewerage Board must be accepted as correct and that
the proposed scheme would result in depletion of available supply of water
for the city of Bangalore. Shri Javeli has also submitted that the proposed
scheme for construction of villas is bound to create degradation in the
environment of the neighbourhood and would also lead to pollution of c
water in river Arkavati and Thippagondanhally water reservoir since the
proposed construction would be made quite close to the river and the
reservoir. Shri J aveli has also submitted that the High Court has rightly
held that the proposed scheme would result in establishment of a township
and this could only be done after following the procedure laid down in D
Sections 4, 5 and 6 of the Land Revenue Act.

The challenge to the validity of the order <lated June 29, 1991 has
been made in proceedings which are in the nature of public interest
litigation at the instance of persons residing in the city of Bangalore who
were apprehensive that the said approval of the scheme would adversely E
affect the supply of water to the city and would also result in pollution of
the waters of river Arkavati as well as Thippagondanahally water reservoir
from where the water is supplied to the city of Bangalore. Having regard
to the nature of the proceedings the matter is required to be considered
in a broad public interest perspective. If the matter is considered in this
perspectiv_r two questions that arise are:- F

(i) In passing the order dated June 29, 1991 giving its approval to
the proposed scheme has the State Government kept in view the
· interest of the public in the matter of pollution of the waters of
river Arkavati and Thippagondanahally water reservoir and the G
availability of supply of water to the city of Bangalore'?; and

(ii) If the answer to question No. (i) is in the affirmative, does the
approval of the proposed scheme by the State Government under
order dated June 29, 1991 suffer from an infirmity justifying inter-
ference by the Court in exercise of its power of judicial review? H
350 SUPREME COURT REPORTS (1998) SUPP. 1 S.C.R.

A In the matter of pollution of the waters the order of the State
Government dated June 29, 1991 takes note that the revised scheme
submitted by DLF involves construction of individual septic tanks coupled
with soil absorption system with dispersion trenches and that the effluent
water will be used for gardening, etc. Under the scheme each country villa
B will have a septic tank coupled with soil absorption system and each septic
tank will cater for 15 users and the septic tanks will be located at a
minimum distance of 100 meters away from the river line. The order dated
June 29, 1991 shows that reference had also been made to the Karnataka
S~!ite Pollution Control Board and the said Board, in its reply vide its letter
C dated May 13, 1991, had stated that the proposal of DLF may be approved
subject to the conditions set out in the said letter. In the said conditions
the Pollution Control Board had indicated that -

(i) since the area proposed to be developed is in the sensitive zone,
D i.e., catchment area of the Thippagondanahally reservoir, all
precautions are required to be taken so that there will not be any
direct or indirect entry of sewerage effluents to the reservoir or
•he river,

(ii) the septic tank, soak pit, dispersion system of each farm house
E
shall be located farthest from the borders of the reservoir and the
nver,

(iii) the design for the septic tank, soak pit and dispersion shall be
submitted to the Pollution Control Board and approval obtained
F before commencement of building activities,
•
(iv) the sludge from the septic tank shall be removed compulsorily
once in two years, dried in a separate yard following scientific
method for which records must be maintained and produced for
G verification by the Pollution Control Board,

(v) Pesticides, fungicides and insecticides shall be applied on the
vegetation in the area in a scientific method as approved by the
Agricultural Department to avoid contamination of surface water,
H and
DLF UNIVERSAL LTD. v. PROF. A. LAKSHMI SAGAR (S.C. AGRAWAL, J.] 351

(vi) peasemeters be positioned at regular intervals along with A
reservoir of river borders in the proposed site after getting the
advice from the National Environmental Engineering Research
Institute, Nagpur for appropriate monitoring of contamination of
ground water likely to be leached to either river or reservoir.

The State Government arrived at the decision to grant approval to the
B
proposed scheme of DLF keeping in view the said conditions indicated by
the Karnataka State Pollution Control Board and in the order dated June
29, 1991 it is provided that DLF shall stipulate in each sale/lease deed (to
be registered), while selling the plots/country villas, that each buyer of the
site/country villas shall strictly abide by the pollution control measures C
recommended by the Karnataka State Pollution Control Board and that
the said Board will have the right to inspect and satisfy itself with the
compliance of the measures and, in case of any violation, the said Board
shall take action as per rules against the violator( s). This would show that
while granting permission the State Government has kept in view the D
danger of pollution of the waters of river Arkavati and Thippagondanahally
water reservoir and has tlRen adequate precautions against the possibility
of such pollution by imposing strict conditions as laid down by the Kar-
nataka State Pollution Control Board in that regard. While granting ap-
proval to the proposed scheme of DLF the State Government has also
directed that any monitoring by peasemeters may be undertaken directly E
by the Karnataka State Pollution Control Board and Water Supply and
Sewerage Board independently of DLF.

As regards depletion in the availability of water for supply to the city
of Bangalore from Thippagondanahally water reservoir, we find that in the
F
order dated June 29, 1991 the State Government has taken note of the fact
that under the proposed scheme water supply for the colony at 10 lakhs
) litres per day will be met from bore-wells and open wells and the garden
colony will have extensive tree plantings which will improve the ecology of
the whole area. Before passing the order reference was made to the Water
Supply and Sewerage Board and the said Board had, in its letter dated G
January 2, 1985, left it to the Government to consider the matter which
shows that there was no objection on the part of the Water Supply and
Sewerage Board to the proposed scheme on the ground of its having any
adverse effect on the availability of water for supply to the city of Ban-
galore. The High Court has, however, pointed out that in the earlier writ H
352 SUPREME COURT REPORTS [1998] SUPP. l S.C.R.

A petitions filed by it the Water Supply and Sewerage Board had filed a
statement wherein it was pointed out that by reason of establishment of a
township on the banks of river Arkavati close to Thippagondanahally water
reservoir water will be polluted and it will also be depleted as bore-wells
are proposed to be drilled in the area over which new township is proposed
and consequently the quantity and quality of water supply to the city of
B
Bangalore would be adversely affected. The High Court has pointed out
that in the present writ petition the Water Supply and Sewerage Board has
not filed any reply and that the silence on the part of the Water Supply
and Sewerage Board means that the said Board accepts the case put
forward by the petitioners that the proposed scheme would adversely affect
C the supply of water. On that view the High Court has accepted the plea of
the petitioners that there is bound to be depletion of water for supply to
the city of Bangalore as a result of bringing into existence of the new
township in the vicinity of Thippagondanahally water reservoir. In this
context, the High Court has also referred to the report of the Committee
D which was constituted by the Government under the Chairmanship of Shri
S. Hanumantha Rao to consider the feasibility of according permission to
the modified plan wherein reference has been gade to the opinion given
by the Water Supply and Sewerage Board in June 1986. In the said opinion,
as extracted in the report of the Committee, the Water Supply and
E Sewerage Board had raised an objection regarding the possibility of pollu-
tion of waters of river Arkavati and Thippagondanahally water reservoir.
No objection appears to have been raised at that time about depletion in
the availability of water for supply to the city of Bangalore. The views of
the Water Supply and Sewerage Board regarding the possibility of pollu-
tion of the waters of river Arkavati and Thippagondanahally water reser-
F voir were, however, not accepted by the committee keeping in view the fact
that plots would be not less than one acre and each plot shall not have
more than one house and the appropriate authorities may insist on correct-
ly designed septic tanks followed by anaerobic contact filters and disper-
<
sion system like soak pits, absorption trenches and got complied with. The
G failure on the part of the Water supply and Sewerage Board to raise an
objection to the revised scheme on the ground of depletion in the
availability of water for supply to the city of Bangalore indicates that in
view of reduction of density of persons who would be residing in the area
under the revised scheme the Water Supply and Sewerage Board felt
H satisfied that there would be no adverse effect on the availability of water
DLF UNIVERSAL LTD. v. PROF. A. LAKSHMI SAGAR (S.C. AGRAWAL, J.) 353

for supply to the city of Bangalore on account of construction of 270 villas A
as per the proposed scheme. The High Court was, therefore, in error in
proceeding on the basis that since the Water supply and Sewerage Board
did not file its reply to the writ petitions of the petitioner-respondents, the
said Board must be treated to have accepted as correct the case of the
petitioner-respondents that the proposed scheme would adversely affect
B
the supply of water to the city of Bangalore from the Thippagondanahally
water reservoir.

It cannot, therefore,. be said that in passing the order dated June 29,
1991 granting approval to the proposed scheme submitted by DLF the
State Government has failed to take into consideration the matters of c
public interest raised by the petitioner- respondents, namely, possibility of
pollution of waters of river Arkavati and Thippagondanahally water reser-
voir and the depletion in the availability of water for supply to the city of
Bangalore. The order dated June 29, 1991 shows that it was passed after
the State Government had taken into consideration all the relevant factors · D
and approval was given to the proposed scheme after the State Govern-
ment was satisfied that the proposed scheme will not affect the availability
of water for supply to the city of Bangalore and had also prevented the
possibility of pollution of the waters of river Arkavati and Thippagon-
danahally water reservoir by laying conditions. We are unable to hold that E
on the basis of the material on record the State Government could not
reasonably take the view that the proposed scheme would not affect the
availability of water for supply to' the city of Bangalore and would not result
in pollution of the waters of river Arkavati and Thippagondanahally water
reservoir.
F

We may now examine the legal grounds on the basis of which the
High Court has set aside the order dated June 29, 1991.

The High Court has taken the view that the proposed scheme is for G
the establishment of a township and that the mandatory procedure for
declaring/forming a new village as laid down in Section 6 of the Land
Revenue Act which postulates publication of a notice of the proposal
inviting objections and consideration of any objections to such proposal. In
that regard the High Court has observed:- H
354 SUPREME COURT REPORTS [1998] SUPP.1 S.C.R.

A "But the fact remains it would be a new township. Further, as
according to the modified plan, 270 houses are to be constructed
as rightly pointed out by the learned counsel for the petitioners.
Servants quarters have to be constructed. Large number of con-
' struction workers would come in and they would put up sheds in
the vicinity. In the circumstances, as of necessity shops, restaurants
B and other services would be opened. Therefore, the stand of the
respondents 1 and 4 that no new township would come into
existence is not true."

The High Court has also pointed out that the words "Sub : - Forma-
C tion of Township of DLF Universal Ltd. (DLF Arkavati Scheme Green
Belt)" in the letter of the appellant dated October 20, 1990 show that the
appellant itself was seeking the approval for establishment of a new
township. The word "township" is not found in any provision of the Land
Revenue Act which only talks of village, town and city. Village is the
smallest unit for the purpose of the Land Revenue Act. We, therefore, do
D not consider it necessary to go into the question whether the proposed
scheme is for establishment of a township.

Section 4 of the Act makes provision for division of the State into
divisions and divisions into districts. Each district consists of taluks, ·a taluk
consists of circles and a circle consists of villages. Section 5 empowers the
E State Government to alter or add to the limit of any village or to amal-
gamate two or more villages or constitute a new village. Section 6 lays down
the procedure for constitution, abolition, etc., of divisions, districts, taluks,
circles or villages and it provides as under:-

"6. Procedure for constitution, abolition, etc., of Divisions, Dis-
F tricts, Taluks, Circles or Villages.- Before the publication of any
notification under Section 4 or 5 declaring any area to be a division,
district, taluk, circle or village or altering the limits of any division,
district, taluk, circle or village, or abolishing any division,. district,
taluk, circle or village, the State Government shall except in cases
G where it considers not necessary so to do publish in the Official
Gazette and in such other manner as may be prescribed, a notice
of the proposal inviting objections and shall take into consideration
of any objections to such proposal."

The expression "village" is defined in Section 2(38) of the Land
H Revenue Act in these terms:-
DLF UNIVERSAL LTD. v. PROF. A. LAKSHMI SAGAR (S.C. AGRAWAL, J.] 355

'"'Village" means a local area which is recognised in the land A
records as a village for purposes of revenue administration and
includes a town or city and all the land comprised within the limits
of a village, town or city;"

We are unable to uphold that the grant of approval to the proposed
B
scheme amounts to declaring the said area as a new village or the alterna-
tion of the area of an existing village. The question whether the colony
which comes into existence under the scheme as proposed is to be declared
to be a new village or is to be included in an existing village will have to
be considered after the development takes place as proposed in the scheme
and at that stage the requirements of Section 6 of the Land Revenue Act c
may have to be complied with. We are, therefore, unable to agree with the
view of the High Court that the State Government was required to follow
the procedure laid down in Section 6 of the Land Revenue Act before
passing the order dated June 29, 1991 approving the proposed scheme.
D
As regards diversion of the land from agricultural use to non-agricul-
tural use for construction of villas, it is not disputed that under Section 95
of thi: Land Revenue Act the power to grant the necessary permission is
conferred on the Deputy Commissioner. The High Court has held that in
the present case the said power was not exercised by the Special Deputy
commissioner but was exercised by the State Governme!lt and that the E
State Government was not competent to exercise the said power under
Section 95. In taking this view the High Court has failed to note that it was
not a case of diversion of use of an isolated piece of agricultural land by
an individual. This was a case where diversion of use was sought in respect
of a large number of plots of land. The matter required examination from F
various aspects and a composite view had to be taken after ascertaining
the views of the concerned departments. The State Government alone
could do so and, therefore, the matter was required to be considered by
the State Government. Before taking a decision on the matter the State
Government had obtained the views of the Special Deputy Commissioner
with regard to diversion of use of the lands under Section 95 of the Land G
Revenue Act, as well as the Karnataka State Pollution Control Board, the
Director of Town Planning, the Bangalore Metropolitan Development
Authority and the Water Supply and Sewerage Board. After taking into
consideration the views of these departments the order dated June 29, 1991
· was passed. Since the Special Deputy commissioner in his letter dated May H
356 SUPREME COURT REPORTS (1998] SUPP. 1 S.C.R.

A 10, 1991, had expressed the opinion that conversion could be allowed. It
cannot be Said that the Special Deputy Commissioner has not exercised
the power conferred on him under Section 95 of the Act and the said power
has been exercised by the State Government. The State Government has
taken note of the views of the Special Deputy Commissioner while con-
sidering the matter in the proper perspective. It cannot, therefore, be said
B that the order dated June 29, 1991 was not in consonance with the require-
ments of Section 95 of the Land Revenue Act.

Shri Javeli has, however, urged that since under Section 49 of the
Land Revenue Act an appeal lies against an order passed by the Special
C Deputy Commissioner under Section 95 of the Land Revenue Act and
since no specific order was passed by the Special Deputy Commissioner in
the present case the petitioner- respondents were deprived of their right
to file an appeal against the order regarding diversion of user of the land.
In this context, the submission of Shri Javeli is further that if the matter
D had gone to the Special Deputy Commissioner for passing an order under
Section 95 of the Land Revenue Act the petitioner-respondents would have
had an opportunity of objecting to the grant of the permission for conver-
sion and that the said opportunity had been denied to them. Shri Javeli has
invited our attention to sub-section (3) of Section 95 which provides as
under:-
E
"Permission to divert may be refused by the Deputy Commissioner
on the ground that the diversion is likely to defeat the provisions
of any law for the time being in force or that it is likely to cause
a public nuisance or that it is not in the interests of the general
F public or that the occupant in unable or unwilling to comply with
the conditions that may be imposed under sub-section (4)".

In our opinion, the matters referred to in sub-section (3) of Section
95 are required to be taken into consideration by the Deputy Commissioner
while dealing with an application seeking permission for diversion of use
G of agricultural land. But from the provisions contained in sub- section (3)
of Section 95 we are unable to infer a right in a member of the public who
has no special interest in the matter to file an objection to an application
for grant of permission to divert the use of agricultural land and to claim
an opportunity to appear and oppose the application before the Deputy
H Commissioner. In cases where permission to divert has been granted under
DLF UNIVERSAL LTD. v. PROF. A LAKSHMI SAGAR [S.C. AGRAWAL, J.] 357

Section 95 and any person feels that the said permission has been granted A
in violation of the provisions contained in Section 95(3) of the Act, it is
open to him to challenge the same but he cannot cl.aim a right to raise an
objection before the Deputy Commissioner at the stage of consideration of
the application for diversion. The petitioner-respondents have exercised
this right by assailing the permission for diversion before the High Court.
We are, therefore, unable to accept the submission of Shri Javeli that the
B
procedure that has been followed in the present case has resulted in denial
of any right conferred on petitioner- respondent_s._

The High court has also held that an order for continuation of the
permission that had been granted earlier could not be passed since the c
earlier order for grant of permission had been quashed by the High Court
in the earlier writ petitions filed by the Water Supply and Sewerage Board.
Since the earlier permission granted by the Special Deputy Commissioner
had been quashed by the High Court an order for continuance of that
permission could not be passed and the proper course was to pass a fresh D
order for grant of permission for diversion of use under Section 95 of the
Act. But having regard to the fact that the matter has been considered by
the Special Deputy Commissioner and in his letter dated May 10, 1991 he
has expressed the opinion that permission for diversion can be granted the
defect in the order of the State Government dated June 29, 1991 is one
relating to form only and it does not touch the substance of the matter.
E
The said defect is not such as to call for interference with the order dated
June 29, 1991 in proceedings instituted by way of public interest litigation
especially when it is found that the said order does not adversely affect
public interest.
F
For the reasons aforementioned we are unable to uphold the im-
pugned judgment of the High Court quashing the order of the State
Government dated June 29, 1991 giving its approval to the proposed
scheme of DLF.
G
In the result, while Civil Appeal Nos. 4543-45 of 1992 filed by the
State are dismissed as withdrawn, Civil Appeals Nos. 4546-48 of 1992 filed
by DLF are allowed. The impugned judgment of the High Court is set aside
and the writ petitions filed by the petitioner-respondents are dismissed. No
costs. H
358 SUPREME COURT REPORTS [1998] SUPP. 1 S.C.R.

A I.A.Nos. 1-42 in S.L.P. (C) Nos: 10914-55191
The appellant h!ld filed S.L.P.(C) Nos. 10914-55 of 1991 against the
judgment of the Division Bench of the High Court dated November 28,
1990 in Writ Appeal Nos. 744-85 of 1987. But after the order of the State
Government dated June 29, 1991, the appellant sought leave to withdraw
B the said special leave petitions and by order dated October 8, 1991 the said
special leave petitions were dismissed as withdrawn. Subsequently after the
passing of the impugned judgment of the High Court dated April 24, 1992
the appellant has filed I.A. Nos. 1-42 in those special leave petitions
wherein it has been prayed that the order dated October 8, 1991 dismissing
C S.L.P.(C) Nos. 10914-55 of 1991 as withdrawn may be recalled and
reviewed and/or are modified and that the said special leave petitions may
be restored. Since we are allowing Civil Appeal Nos. 4546-48 of 1992,
I.A.Nos. 1-42 in S.L.P(C) Nos. 10914-55 of 1991 do not survive and the
same are, therefore, dismissed.

R.A. C.A. Nos. 4543-45/92 dismissed
C.A. Nos. 4546-48/92 allowed.
I.A. Nos. 1-42, dismissed.