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2001 DIGILAW 315 (SC)

M. C. Mehta: Poorvi Vishwas Ngr. S. Kalyan Samiti: Vishwas Nagar Laghu Nirmata Sangh v. Union Of India

2001-02-08

B.N.KIRPAL, BRIJESH KUMAR, RUMA PAL

body2001
JUDGMENT B.N.KIRPAL, J. (1) W.P. (C) No. D2184/2001. It is contended that as the order dated 24/1/2001 is being challenged to which two of us (Honble Mr. Justice B. N. Kirpal and Honble Mr. Justice Brijesh Kumar) were party this writ petition should be heard by another Bench. The papers be placed before the Honble the Chief Justice for appropriate orders. LA.Nos. 1385-1412 (2) THE applications are dismissed as withdrawn. LA. Nos. 1332-1362 (3) ISSUE notice returnable after four weeks. LA. Nos. 1414 and 1415 (4) ISSUE notice. (5) MR. K. N. Raval accepts notice. (6) IT is not in dispute that those premises : which have been sealed can be reopened for the purposes of removing belongings, finished goods or raw materials and machinery and the said premises can also, on an under- taking in the form of affidavit being furnished to the Review Committee and/or Nodal Agency that the premises Will be used in a conforming manner, be desealed for the said purpose. Where there are premises which house both residence as well as industrial unit and they have been sealed, the same should be desealed on an undertaking being given by the occupants that the same shall not be used for industrial purposes and machinery is removed. The applications received by the SDMs for desealing should be forwarded to the Review Committee at the very earliest. Applications received so far should be forwarded within a week from today and the Review Committee will take appropriate decision thereon within a week thereafter. The orders of the Review Committee with regard to desealing would be subject to such conditions as may be imposed by them. (7) I.AS. are disposed of. (8) THIS order will also apply to similar cases. LA. No.1368 (9) ISSUE notice returnable after four weeks; LA.Nos. 1369-1383 and 1384 (10) I.AS. are dismissed as withdrawn with liberty to the applicants to file a representation before the Review Committee which shall dispose of the same within a fortnight of the filing of the representation. I.A. Nos. 1416-1417 (11) I.A. Nos. 1418-19 are taken on board. (12) IT would be more appropriate for the applicants to approach the Government for possession of land rather than applying to the Court. (13) I.AS. are disposed or. Remaining matters (14) WE have heard the learned counsel for the parties. I.A. Nos. 1416-1417 (11) I.A. Nos. 1418-19 are taken on board. (12) IT would be more appropriate for the applicants to approach the Government for possession of land rather than applying to the Court. (13) I.AS. are disposed or. Remaining matters (14) WE have heard the learned counsel for the parties. (15) ACCORDING to a statement which had been filed earlier, the total number of industries in 1995-96 were stated to be 126218. This statement was prepared by the D.P.C.C. and according to it there were 28807 industries in conforming area and 97411 in non-conforming area. Pursuant to an advertisement, about 52000 industries had applied for alternative plots of land, but only about 24000 were found eligible. The development of the industrial estates has been slow with the, result that these 24000 industrial units have not been able to shift so far; in fact physical possession has not been handed over. According to affidavit of 5/2/2001 which has been filed by the Commissioner of Industries on behalf of the Government of N.C.T., Delhi, it has been proposed that there should be in situ regularisation of the areas of industrial concentration. An effort is to be made by the Delhi Government, once again, to persuade the Union Government to agree. (16) IN the said affidavit, it is further Stated that a list of 41 household industries has been prepared so as to enlarge the list of household industries which exist in the Master Plan. If both these exercises are successful, we are informed that 15000 industries would be regularised in situ and 20000 household industries would be regarded as coming under the conforming area as valid household industries. The total of these figures comes to 59000. If the exercise of the Government of N.C.T. is successful and the Union Government agrees to its suggestion, only 59000 + 6000 industries would be regularised. This would leave an unexplained figure of more than 32000 industries in non-conforming area which would not be covered by (i) in situ regularisation or (ii) fall within the expected expanded definition of household industry or (iii) come under the category of industries which had applied and had been found eligible for allotment of land. No explanation is given immediately with regard to these industries continuing in the non-conforming area. No explanation is given immediately with regard to these industries continuing in the non-conforming area. (17) BE that as it may, this Courts immediate concern with regard to non-compliance of the earlier orders has been to see that first of all at least the polluting industries in the non-conforming area should be closed. (18) OUT of about 39000 such industries which fall under F-category, the present affidavit on behalf of Govt, of N.C.T., Delhi, states that 3700 units have been sealed under Phase-1 of the Action Plan, 7900 units were found vacant and were being used for residential activity, 6000 units were located in approved industrial areas which were meant for light industries and 21400 units had not been visited by the Sealing Committee for identifying inherently polluting industries. Confining ourselves to the closure of the polluting industries in the non-conforming area, it is found that out of 39000 such industries only 17600 were inspected within a period of about three weeks in Phase I which had resulted in the sealing of 3700 industries. For the balance 21400 industries, the Government of N.C.T., Delhi, wants 18 weeks time to complete the survey and seal the industries which are identified as polluting industries. (19) CONSIDERING the fact that the first phase was carried out in three weeks, we see no justification in granting 18 weeks as asked for. It is represented that the process of identification had to be suspended because of terrorists threat and Republic day. Republic day celebrations are over and it is time to get down to work and we see no justification in granting more than four weeks for completing the unfinished task of surveying 21400 industries, identifying them and sealing the inherently polluting industries which are operating in non-conforming area. (20) IT is represented that the sealing operations are supervised and monitored by the Deputy Commissioner and SDM of the area and they are the officers who are involved in the working of the census operation. It was not the order of this Court that the task of sealing operations after identification should be undertaken by the Deputy Commissioner or the SDM. The direction was to the Government and the Nodal Agency to comply with the orders of this Court. It was not the order of this Court that the task of sealing operations after identification should be undertaken by the Deputy Commissioner or the SDM. The direction was to the Government and the Nodal Agency to comply with the orders of this Court. If the Deputy Commissioner and SDMs are not available to undertake the task, it is open to the Government to deploy such other officers who are able to carry out the orders of this Court. It goes without saying that for complying with the orders of this Court, all Governmental agencies including M.C.D. and D.D.A., will make personnel available as and when required. (21) NODAL Agency is not discharged, (22) LIST for further orders after six weeks by which time report regarding the aforesaid 21400 polluting units should be filed by the Nodal Agency and the Govt. of N.C.T., Delhi. Order accordingly.