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1996 DIGILAW 1001 (SC)

M. C. Mehta v. Union of India

1996-04-24

FAIZAN UDDIN, KULDIP SINGH

body1996
JUDGMENT : 1. Pursuant to this court's order dated February 9, 1996 and March 15, 1996 we have heard learned counsel for the parties. Mr. Harish N. Salve, Adv. has assisted us on behalf of Subhash Nagar Small Scale Industries Association. Mr. salve has invited our attention to various provisions of the master plan for Delhi 2001. According to him under the master plan non residential activity on residential premises is permitted on certain conditions as indicated in the master plan. The contention of Mr. Salve in nutshell is that certain household industries can be permitted to operate not only in the residential areas but also in the residential premises itself provided the industries are located at the ground floor and fulfill all the conditions laid down under the master plan. It is not necessary for us to go into this question. Needless to say that the provisions of the master plan have to be complied with and in case any non-residential activity is permitted to operate in residential premises under the master plan that cannot be stopped. Learned counsel agree that a high power committee be constituted which can examine as to which type of industries can be permitted in a residential area. We, therefore, direct the Chief Secretary, NCT, Delhi to constitute a committee consisting of one member each from NCT, Delhi Central Pollution Control Board, Delhi Pollution Control Committee, Municipal Corporation, Delhi and Delhi Electric Supply Undertaking (DESU). The chairman of the committee shall be the representative of NCT, Delhi Administration. The committee shall be constituted by the chief Secretary, NCT, Delhi Admn. within two weeks of the receipt of this order by the chief Secretary. 2. We direct all the industries operating in the residential area of Subhash Nagar to approach the Committee within four weeks of its constitution to obtain clearance from the said committee. Once the committee permits an industry to operate in a residential area then the MCD and the DPCC shall issue necessary licence and consent in accordance with law. We direct the NCT, Delhi Admn. to issue a public notice in two English dailies and two vernacular dailies for three consecutive days asking all the industries which are operating in different residential areas of Delhi to approach the committee for necessary permission. We direct the NCT, Delhi Admn. to issue a public notice in two English dailies and two vernacular dailies for three consecutive days asking all the industries which are operating in different residential areas of Delhi to approach the committee for necessary permission. We make it clear and direct that no industry in any residential area of Delhi/New Delhi shall be permitted unless it has obtained the clearance of the committee and has obtained the necessary licence and the consent from the statutory authorities. All those industries which have not obtained necessary permission from the committee shall stop operating in the residential area w.e.f. January 1, 1997 (except industries falling under 'A' category, which will also function with the consent of constituted committee). We direct the NCT, Delhi to give wide publicity to this order so that the industries are in a position to note that they have to obtain the necessary clearance from the committee. Needless to say that while granting permission to an industry to run in a residential area, the committee shall keep in view all the conditions laid down under the master plan including evaluation of impact on municipal services and environment needs of the area. The Chairman of the committee shall file an affidavit including the progress made in this respect. To come up on 31st July, 1996.