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1995 DIGILAW 469 (SC)

M. C. Mehta v. Union of India

1995-03-24

KULDIP SINGH, S.SAGHIR AHMAD

body1995
JUDGMENT : 1. A very grim picture emerges regarding increase of pollution in the city of Delhi from the two affidavits filed by Sh D.S. Negi, Secretary (Environment), Govt. of Delhi. He has pointed out that the population of Delhi which was about 17 lakhs in 1951 has gone up to more than 91 lakhs as per the 1991 census. In fact, more than 4 lakhs people are being added to the population of Delhi every year out of which about 3 lakhs are migrants. Delhi has been categorised as the fourth most polluted city in the world with respect to concentration of Suspended Particular Metal (SPM) in the ambient atmosphere as per World Health Organisation Report, 1989. From NEERI's annual report 1991 it is obvious that the major contributions, so far as air pollution is concerned, is of the vehicular traffic but the industries in the city are also contributing about 30% of the air pollution. So far as the discharge of effluent in Yamuna is concerned, the industries are the prime contributors apart from the MCD and NDMC which are also discharging sewage directly into the river Yamuna. We are dealing with the sewage problems in separate proceedings. 2. In this application we are primarily concerned with the pollution caused by various industries situated in the conforming and non-conforming areas. We place on record appreciation of Sh. D.S. Negi, who has filed a detailed affidavit and has given proper assistance to this Court. Along with the additional affidavit Sh. D.S. Negi has annexed a list of 8378 industries which are operating in the non-conforming areas. The information has been collected by the Delhi Administration as a result of its first survey in this respect. These industries are noxious and hazardous and also include heavy and large industries. The list of 8378 industries is in annexure R-1 annexed to be additional affidavit. 3. We direct the Central Pollution Control Board (hereinafter referred to as 'the Board') through its Member Secretary to issue individual notices to all these 8378 industries indicating therein the fact that they are polluting industries and are operating in non-conforming areas in violation of the Delhi Master Plan formulated under the Delhi Development Authority Act, 1957, Delhi Municipal Corporation Act, 1957 and the Factories Act, 1948. The first Master Plan for Delhi was formulated in 1962 and the second Master Plan called the MPD 2001 came into force on August 1, 1990. Needless to say that Master Plan provides setting up of industries only in conforming areas i.e. the industrial areas earmarked for that purpose. The individual notices shall also indicate that these industries have to stop functioning in the city of Delhi and be re-located elsewhere. It may also be stated in the notices that if for the purposes of relocation the industries require any help from any Government Department/Agency, they may file their objections in that respect before the Secretary, Environment, Delhi Administration. 4. The individual notices shall be issued by the Board to all these industries before April 30, 1995. Apart from individual notices a public notice in this respect in two English dailies and two vernacular dailies shall also be published in the third week of April, 1995. We further direct the Doordarshan and All India Radio to make announcement in this respect on three consecutive days in the last week of April, 1995. Mr. Altaf Ahmad, learned Additional Solicitor General has agreed to give the language of the notice which is to be announced by the Doordarshan and All India Radio. 5. Annexure R-2 to the additional affidavit contains a list of 256 hazardous and noxious units which are operating in conforming areas. Similarly, the industries listed in Annexure R-3 and R-4 are also air polluting and water polluting industries. According to the Master Plan and the provisions of law mentioned above these industries have also to be re-located. We direct the Member Secretary, Central Pollution Control Board and other authorities to treat these units similarly as the 8378 units which are to be dealt with and similarly notices to these units shall also be issued. 6. The industries concerned, within 15 days, from the receipt of the notices shall file their objections, if any, before the Secretary Environment, Delhi Administration. We further give liberty to the industries concerned to approach this Court, if they deem it necessary for any assistance for the purposes of re-location. 7. The Member Secretary, Central Pollution Control Board and the Secretary, Environment shall file a detailed affidavit in this behalf giving the compliance report of this order before 10th May, 1995 indicating the compliance & progress in implementation of this Order. 8. 7. The Member Secretary, Central Pollution Control Board and the Secretary, Environment shall file a detailed affidavit in this behalf giving the compliance report of this order before 10th May, 1995 indicating the compliance & progress in implementation of this Order. 8. Registry to issue notice in this respect to the Secretary-Ministry of Urban Development and also to Ministry of Environment and Forests through their WNjj Secretaries, along with a copy of this order. Notices shall also be issued to the States of Uttar Pradesh, Rajasthan & Haryana through their Chief Secretaries. Copies of this order be sent to all the States and other authorities mentioned above within four days from today. 9. At this stage, Mr. Vijay Panjwani, learned counsel accepts notice on behalf of the Central Pollution Control Board. 10. Mr. Ranjit Kumar, learned counsel appearing for the Delhi Water Supply & Sewage Disposal Undertaking and Mr. D.V. Sahgal, learned Senior counsel appearing for the State of Uttar Pradesh agree that this Court's order dated 23rd January, 1995 be modified, so far as the khasra numbers mentioned in the said order in relation to Sarita Vihar are concerned. It is stated that a part of the land to be surrendered by the State of Uttar Pradesh is in the bed of a mullah which cannot be utilised for the purpose. We, therefore, modify the order dated 23rd January, 1995. Instead of khasra numbers 21/21, 22/22 and 28/51/2, the khasra numbers 22/16, 21/20, 21/21(part), 22/25 and 28/5 (part) (as indicated in the map placed on the record) be substituted. We direct the State of Uttar Pradesh to give these khasra numbers instead of earlier khasra numbers to the undertaking within two weeks from today. 11. This Court's order dated 23rd January, 1995 is modified to the above extent. 12. List the mattes again on 12-5-1995.