ORDER Regarding hot mix plants 1. This Court by the order dated 13-3-1996 directed the Central Pollution Control Board (the Board) to issue show cause notice to the hot mix plants located in Delhi as to why they be not relocated. The Board issued notices dated 26-3-1996 to the hot mix plants. Copy of the notice has been placed on the record. After considering the replies/objected filed by 36 hot mix plants located in Delhi, the Expert Committee of the Board came to the following conclusion: "The process emissions from hot mix plants contain particular matter and sulphur dioxide besides polyaromatic hydrocarbons, most of which are proven carcinogens. Therefore, the Expert Committee CPCB has categorised hot mix plants as hazardous industry (Ha Category). As per Master Plan 2001, all hazardous/noxious industries should be shifted out of the UT of Delhi. Most of the hot mix plants belonging to government as well as private sectors are located near residential areas and therefore, s installations pose severe health risks to inhabitants nearby (Lal Kuan Rangpuri, Mehrauli, Khyalla). The general housekeeping of most of the hot mix plants is poor with no concern for environmental protection. The emission data of a hot mix plant equipped with pollution can device and the ambient air quality data near the hot mix plant, reported, speak of severe pollution due to particulate matter beyond prescribed limit. Regarding the question of temperature fall of hot mix during transportation to long distances, it is the considered opinion of the Ex Committee that even if hot mix plants are located outside Delhi, ex during severe winter, the quality of mix is not expected to fall if desired temperature of the hot mix containers are maintained. There£ relocation of hot mix plants will not pose any service problem." 2. The Board has further placed on record the analysis report regard extent of pollution created by each of the hot mix plants. To illustrate, analysis in respect of two hot mix plants is as under: "S.No.Name and addressDate of objectionObjection 01.HMP (Hot Mix Plant 2), CPWD, IP Estate, New Delhi-110002.11-7-1996Claiming that hot mix plants are not categorised under H Group in Master Plan 2001. Claiming hot mix plant as service industry and asking for being allowed in Delhi. Claiming to have installed air pollution control devices. Claiming hot mix plant as service industry and asking for being allowed in Delhi. Claiming to have installed air pollution control devices. Analysis report enclosed indicates emission of particulate matter (679 mg/Nm3) and stack with reference to ground level is 21 metres. 02.HMP (Hot Mix 11-4-1996 Plant), CPWD, Majnu Ka Tila, Timarpur, Delhi- 110002. 11-4-1996Claiming hot mix plant as service industry and asking for being allowed in. Delhi. Claiming that hot mix plants are not categorised under H Group in Master Plan 2001. Claim to have installed air pollution control devices for meeting the emission limits. Analysis report enclosed indicates emission of particulate matter (829 mgiNm3) and stack height with reference to ground level is 21 metres." 3. It is obvious from the analysis report that the emission of particulate matters in respect of these hot mix plants is 679 mg and 829 mg respectively. The permissible limit under the Environment Protection Rules is 150 mg. The hot mix plants having been categorised as hazardous industries (Ha) under Master Plan 2001, have to be relocated. For the reasons given by the Court in M.C. Mehta v. Union of India1 decided on 8-7-1996, we hold that the following 43 hot mix plants, being H Category industries, cannot operate in the city of Delhi: 1.HMP (Hot Mix Plant 2), CPWD, IP Estate, New Delhi-110 002. 2.HMP (Hot Mix Plant), CPWD, Majnu Ka Tila, Timarpur, Delhi-110 002. 3.HMP (Hot Mix Plant), MCD, Timarpur, Delhi-l 10 054. 4.HMP (Hot Mix Plant), CPWD, Purana Quilla, New Delhi-110 002. 5.HMP (Hot Mix Plant) MCD, Raghuveer Nagar, Khyalla, Delhi-110 002. 6.HMP (Hot Mix Plant) NDMC, Purana Quilla, New Delhi-110 002. 7.Radhey Shy am Gael (HMP), Lal Kuan, New Delhi. 8.HMP B.R. Arora & Associates, Hot Mix Plant, Lal Kuan, 103-B, MehrauliBadarpur Road, Delhi-1100044. 9.HMP B.S. Construction Co., Hot Mix Plant, Rangpuri Pahadi, Mahipalpur Village, Near IGI Airport, New Delhi-11 0 037. 10.HMP C. Prakash an & Co., Hot Mix Plant, V & PO Rangpuri, New Delhi-110 037. 11.HMP Capital Construction Co., Hot Mix Plant, Village Rangpuri, Delhi-110 037. 12.HMP Competent Construction Co., Hot Mix Plant, Rangpuri Pahar, Mahipalpur, Delhi-110 037. 13.HMP Gupta Construction Co., Hot Mix Plant, Lal Kuan, M:ehrauli-Badarpur : Road, New Delhi-110 044. 14.HMP H.R. Builders, Hot Mix Plant, Rangpuri, Mahipalpur, Delhi-110 037. 15.HMP (Hot Mix Plant) PWD, SA Road, Okhla Industrial Area Phase I, New Delhi- 110 020. 12.HMP Competent Construction Co., Hot Mix Plant, Rangpuri Pahar, Mahipalpur, Delhi-110 037. 13.HMP Gupta Construction Co., Hot Mix Plant, Lal Kuan, M:ehrauli-Badarpur : Road, New Delhi-110 044. 14.HMP H.R. Builders, Hot Mix Plant, Rangpuri, Mahipalpur, Delhi-110 037. 15.HMP (Hot Mix Plant) PWD, SA Road, Okhla Industrial Area Phase I, New Delhi- 110 020. 16.HMP (Hot Mix Plant 2) PWD, GT Kamal Road, Delhi-110 042. 17.HMP Ishwer Enterprises Narang, Hot Mix Plant, Dera Village, New Delhi. 18.HMP Jagdish Chandra Suneja, Hot Mix Plant, Lal Kuan, Mehrauli-Badarpur Road, New Delhi-l 10 044. 19.HMP M.C. Construction Co., Hot Mix Plant, Lal Kuan, Mehrauli-Badarpur Road, New Delhi-11 0 044. 20.HMP Mukesh Associates Pvt. Ltd., Hot Mix Plant, Rangpuri, Mahipalpur, Delhi- 110037. 21.HMP Narula Construction Co., Hot Mix Plant, Lal Kuan, Mehrauli-Badarpur Road, New Delhi-110 044. 22.HMP Oriental Structural Engg. Ltd., Hot Mix Plant, Lal Kuan, Mehrauli-Badarpur Road, New Delhi-110 044. i,e. 23. HMP R.K. Goel Abhay Kumar Jain, Hot Mix Plant, Rangpuri Pahadi, New Delhi110 037. 24. HMP R.P. Singhal & Co., Hot Mix Plant, Lal Kuan, Mehrauli-Badarpur Road, New Delhi-110 044. 25. HMP Radhey Shyam Gupta Construction Co., Hot Mix Plant, Lal Kuan, Mehrauli-Badarpur Road, New Delhi-1 10 044. 26. HMP Radhey Shyam, Hot Mix Plant, Kh. No. 754, Mehrauli-Badarpur Road, New Delhi-I 10 044. 27. HMP RAK Construction Co., Hot Mix Plant, Opp. Vas ant Kunj Police Station, Village Rangpuri, Delhi-I 10 037. 28. HMP Renu Construction Co., Hot Mix Plant, Delhi Gurgaon Road, Delhi. 29. HMP S.B. Goel, Hot Mix Plant, V & PO Rangpuri, New Delhi-1 10 037. 30. HMP Satya Prakash & Bros., Hot Mix Plant, Lal Kuan, Mehrauli-Badarpur Road, Near Tuglakabad, New Delhi-II 0044. 31. HMP Surya Construction, Hot Mix Plant, Kh No. 1442, Rangpuri Pahar, Mahipalpur, Delhi-110 037. 32. HMP The Macadam Makers, Hot Mix Plant, Kalkaji, Lal Kuan Road, Okhla Phase I, New Delhi-1 10 020. 33. HMP Asian Resurfacing of Road Agency P. Ltd., Hot Mix Plant, Lal Kuan, Mehrauli, Badarpur Road, New Delhi-1 10 044. 34. M/s Anand Traders, Hot Mix Plant, 4896, Laddu Ghati, Pahar Ganj, Delhi-55. 35. M/s Bhagwan Dass Gupta, Hot Mix Plant, Badarpur-Mehrauli Road, Lal Kuan, Tuglakabad, New Delhi. 36. M/s Nangia Constructions (India) Pvt. Ltd., Hot Mix Plant, Kh No. 324, Pul Pehladpur, MehrauIi-Badarpur Road, New Delhi. 37. M/s Chandra Construction Co., Hot Mix Plant, Badarpur-Mehrauli Road, Lal Kuan, New Delhi. 38. 35. M/s Bhagwan Dass Gupta, Hot Mix Plant, Badarpur-Mehrauli Road, Lal Kuan, Tuglakabad, New Delhi. 36. M/s Nangia Constructions (India) Pvt. Ltd., Hot Mix Plant, Kh No. 324, Pul Pehladpur, MehrauIi-Badarpur Road, New Delhi. 37. M/s Chandra Construction Co., Hot Mix Plant, Badarpur-Mehrauli Road, Lal Kuan, New Delhi. 38. M/s Naresh Kumar, Hot Mix Plant, Badarpur-Mehrauli Road, Lal Kuan, Near Tuglakabad, New Delhi-11 0 044. 39.M/s Expert Way Makers Pvt. Ltd., Hot Mix Plant, Badarpur-Mehrauli Road, Lal Kuan, New Delhi. 40.M/s Madan Construction Co., Hot Mix Plant, Kh No. 329, Pul Pehladpur, Mehrauli-Badarpur Road, New Delhi. 41.M/s Prabhat Construction, Hot Mix Plant, Rangpuri Pahar, New Delhi. 42.M/s S;R. Construction Co., Hot Mix Plant, MehrauIi-Badarpur Road, Lal Kuan, New Delhi. 43. M/s Shiv Shakti Enterprises, Hot Mix Plant, UP 4, Pitampura, Delhi-34." • We, therefore, hold and direct as under: (1) The above-listed 43 hot mix plants cannot be permitted to operate and function in Delhi. These hot mix plants may relocate/shift emselves to any other industrial estate in NCR. We direct that the 43 hot mix plants listed above shall stop functioning and operating in the city of Delhi with effect from 28-2-1997. These hot mix plants close down and stop functioning in Delhi with effect from the said (2) The Deputy Commissioner of police concerned shall, as dir by us, effect the closure of the above hot mix plants with effect 28-2-1997 and file compliance report in this Court within 15 days thereafter. (3) The National Capital Region Planning Board shall render all assistance to the hot mix plants in the process of relocation. direction shall go to the Board through its Secretary. The Nati Capital Territory, Delhi Administration, through its Chief Secretary Secretary, Industries, State of Haryana through its Chief Secretary Secretary, Industries, State of Rajasthan through its Chief Secretary Secretary, Industries and the State of Uttar Pradesh through its C Secretary and Secretary, Industries shall provide all assistance, help necessary facilities to the hot mix plants which intend to relocate themselves in the industrial estates situated in their respective territories. (4) The allotment of plots, construction of factory, buildings, etc. issuance of any licences/permissions etc. shall be expedited and granted on a priority basis. (4) The allotment of plots, construction of factory, buildings, etc. issuance of any licences/permissions etc. shall be expedited and granted on a priority basis. (5) In order to facilitate shifting of hot mix plants from Delhi, all the four States constituting NCR shall set up a unified single age consisting of all the participating States to act as a nodal agency to out all the problems of such hot mix plants. The single-window fad shall be set up by the four States within one month from today direction to the four States is through the Chief Secretaries of the S concerned. The Registry shall convey this direction separately to Chief Secretaries along with a copy of this judgment. We make it clear that no further time shall be allowed to set up the single-window facility (6) The use of the land which would become available on account shifting/relocation of the hot mix plants shall be permitted in terms of orders of this Court dated 10-5-1996 in IA No. 22 in Writ Petition No. 4677 of 19852. (7) The shifting hot mix plants on their relocation in the new industrial estates shall be given incentives in terms of the provisions the Master Plan and also the incentives which are normally extended to new hot mix plants in new industrial estates. (8) The closure order with effect from 28-2-1997 shall unconditional. Even if the relocation of hot mix plants is not complete they shall stop functioning in Delhi with effect from 28-2-1997. (9) The workmen employed in the above-mentioned 43 hot plants shall be entitled to the rights and benefits as indicated hereunder: (a) the workmen shall have continuity of employment at the n town and place where the hot mix plant is shifted. (9) The workmen employed in the above-mentioned 43 hot plants shall be entitled to the rights and benefits as indicated hereunder: (a) the workmen shall have continuity of employment at the n town and place where the hot mix plant is shifted. The terms conditions of their employment shall not be altered to their detriment; (b) the period between the closure of the hot mix plants in Delhi and its restart at the place of relocation shall be treated as active employment and the workmen shall be paid their full wages with continuity of service; (c) all those workmen who agree to shift with the hot mix plant shall be given one years wages as "shifting bonus" to help them settle at the new location; (d) the workmen employed in the hot mix plants which fail to relocate and the workmen who are not willing to shift along with the relocated hot mix plants, shall be deemed to have been retrenched with effect from 28-2-1997 provided they have been in continuous service (as defined in Section 25-B of the Industrial Disputes Act, 1947) for not less than one year in the hot mix plants concerned before the said date. They shall be paid compensation in terms of Section 25-F(b) of the Industrial Disputes Act, 1947. These workmen shall also be paid, in addition, one years wages as additional compensation; (e) the "shifting bonus" and the compensation payable to the workmen in terms of this judgment shall be paid by the management before 31-3-1997; (f) the gratuity amount payable to any workmen shall be paid in addition.