The order issued on a PIL filed by M C Mehta in 1994 had asked the larger ones from the 1,328-odd industries, which had more than 2,000 sq m, to surrender 68 per cent of the land to the Delhi Development Authority (DDA) for greening. At thesame time, they were allowed to develop the balance land as per the land use norms laid out in the Master Plan 2001, with 1.5 times the normal FAR allowed.

Contending that the court did not specify the land area covered by its orders, the industry asks in a press statement whether all the land an industry owns at different places in the city is to be taken into account or only the area on which manufacturing activity was carried out. The statement adds that the court did not even specify which part of the land is to be surrendered.

And lastly, the industry complains that the court is silent on the issue of compensation. In fact, several industries have filed applications seeking directions that the DDA acquire the land under the Land Acquisition Act and Delhi Development Act, and accordingly pay compensation. Emphasises Sumanth Jain, vice-president with Shriram Food & Fertilisers, one of the affected industries: ``We have asked for compensation.''

But Mehta is not willing to buy that argument.Emphasises Mehta, ``They have no right to ask for compensation for the land they have got from the then government at cheap, subsidised rates.''

Adds DDA vice chairman P K Ghosh, ``There is no question of paying compensation. They have been indirectly compensated by giving them higher FAR (Floor Area Ratio).'' But the industry contends that the extra FAR doesn't amount to compensation.

So the stalemate continues. To break the impasse, Mehta has filed a petition for the Supreme Court to intervene and direct the DDA to take possession of the land from the industries. Says he, ``The DDA is duty-bound to take possession. It has done nothing, though.''

But the DDA has expressed its inability to the apex court. Explains Ghosh, ``The court has asked the industry to surrender the land. We have no directions from the court to take it over. On our part, we have issued advertisements in newspapers, asking industries to surrender the land.''

The battle became triangular suddenly when the ex-workers got togetherunder the banner of the Rashtrawadi Janhit Sabha, demanding that their residential quarters be included in the total land area. States their petition, ``Being part of the community need, residential houses in these fully developed colonies equipped with all facilities be directed to be maintained; not to be demolished and changed from their present form. Rather the same be ordered to be allotted to their residents on payment of such compensation as this Hon'ble court may deem necessary, if so required.'' The Labour Department of the Delhi government has also come out in their support.

In sharp contrast, the DDA has refuted the workers' claim. They have said in their petition to the apex court, ``The applicants have no locus standi to file the petition before this Hon'ble court with request to the land to be surrendered by the heavy/large noxious industries in Delhi.''

While these cases were still pending, Birla Textile Mill has challenged the Supreme Court order on surrender of the land, calling itviolative of constitutional rights as well as statutory rights. The court has asked the chief justice to refer the matter to a constitution bench, which is yet to be set up. Other cases have been kept at abeyance. So have the rights of Delhiites to have a greener environment.