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Supreme Court of India · body

1996 DIGILAW 328 (SC)

M. C. Mehta v. Union of India

1996-02-06

KULDIP SINGH, S.SAGHIR AHMAD

body1996
JUDGMENT : 1. Pursuant to this Court's order dated January 24, 1996 Mr. Harsharan Singh Balli, Minister - Industries, N.C.T., Delhi, has filed an affidavit dated February 5, 1996. In para 3.7 of the affidavit it is stated that in 1986 he commenced the business of electroplating of iron and steel products and manufacturing of various items in the premises. He further states that he has obtained necessary permission and registration for the said electroplating units. According to him-The functioning of electroplating is carried out in Delhi and is not a prohibited industrial activity. It falls outside the definations of Industries classified as "Hazardous Industries". He further states that he has installed the necessary pollution control devices. He has stated that the electroplating unit is running since 1986, and according to him such an industry is not prohibited in Delhi. He states that electroplating, minaplating and engraving are classified as Item 87, Group 'B' Industries in the "Master Plan 2001" for the National Capital Territory of Delhi. He further states that there are several thousands such small electroplating units situated all over Delhi in conforming and non-conforming zones. In the last paragraph it is stated that his action in running the said electroplating unit has been under the bonafide belief that such a unit is permitted and is not banned. 2. Mr. Mehta on the other hand states that this is a Noxious Industry and cannot operate in Delhi. According to him sulphuric acid and other chemicals are used in the process of electroplating and in the operation of the Industry. We direct the Central Pollution Control Board to send a team of experts within two days from today to inspect the Industry. Although according to the affidavit filed by Mr. Balli, the Industry has been closed, but the Board team shall investigate and find out the actual working of the Industry during the past about 10 years. The Board shall find out as to whether the sulphuric acid and other chemicals were being used in the process of the electroplating unit and the Industry has installed pollution control devices. If so, since when. 3. To come up on February 9, 1996.