POLLUTION BY INDUSTRIES IN DELHI: M.C.Mehta Vs Union of India & Ors. Writ
Petition (Civil) No.4677/1985,
This
Writ Petition was filed by Shri M.C.Mehta in 1985 regarding the pollution in Delhi
by the Industries located in residential areas of Delhi. The Hon’ble Supreme Court
after considering the reports submitted by the Central Pollution Control Board
and the Delhi Pollution Control Committee, finally ordered vide its various orders,
dated 8.7.1996, 6.9.1996, 10.10.1996, 26.11.1996 and 19.12.1996. These orders
in brief are:
(i)
Hazardous/Noxious heavy and large industries
The
Hon’ble Court vide its order, dated 8.7.1996 directed that 168 industries falling
in 'Ha’ and ‘Hb’ categories under the Master Plan of Delhi – 2001 (MPD-2001) and
which were hazardous/noxious/heavy and large industries, to stop functioning and
operating in city of Delhi w.e.f.30.11.1996. However, those industries could relocate/shift
themselves to any other industrial estate in the National Capital Region (NCR)
or outside.
(ii)
The Hon’ble Court vide its order, dated 6.9.1996 ordered that 513 industries
falling under ‘H’ category under the MPD-2001, should stop functioning and operating
in the city of Delhi w.e.f.31.1.1997. However, those industries could relocate/shift
themselves to any other industrial estate in NCR.
(iii)
Hot Mix Plants
The
Hon’ble Court vide its order, dated 10.10.1996 directed that 43 Hot Mix Plants
operating in Delhi be relocated/shifted to any other industrial estate in the
NCR region. It was also directed that those 43 Hot Mix Plants close down and stop
functioning and operating in the city of Delhi w.e.f. 28.2.1997.
(iv)
Brick Kilns
The
Hon’ble Court vide its order, dated 26.11.1996 directed that 246 brick kilns operating
in the Union Territory of Delhi falling under category ‘H’ under the MPD–2001,
should close their functioning w.e.f.30.6.1997. However, these brick kilns could
relocate/shift themselves in NCR.
The
Hon’ble Supreme Court further directed that it was liberty to the brick kiln owners
to indicate before 31.1.1997 in writing to the NCT of Delhi and Delhi Pollution
Control Committee that the concerned brick kilns intended to shift to the new
technology of manufacturing bricks by flyash – sand – lime technology. The Delhi
Pollution Control Committee should monitor the setting up of the new project of
the concerned brick kiln. After obtaining the consent and no objection certificate
from the Delhi Pollution Control Committee and also from the Central Pollution
Control Board, the concerned brick kiln permitted to operate at the same site,
if it is permitted under Delhi Master Plan – MPD-2001. The Hon’ble Court further
directed the NCT of Delhi to render all possible assistance to the concerned brick
kiln owners to changeover the new technology and in the setting up of the modern
plants with flyash- sand-lime technology.
(v)
Arc/Induction Furnaces
The
Hon’ble Court vide its order, dated 26.11.1996 directed that the 21 arc/induction
furnaces falling under ‘H’ category industries under the MPD-2001 to close down
and stop functioning and operating in the Union Territory of Delhi w.e.f.31.3.1997.
However, these arc/induction furnaces could relocate/shift themselves to any other
industrial estate in the NCR.
(vi)
The Hon’ble Court vide its order, dated 19.12.1996
directed that 337 industries falling under ‘H’ category industries under the MPD–2001
were directed to close down and stop functioning and operating w.e.f. 30.6.1997
in Union Territory of Delhi. However, those industries could relocate/shift themselves
to any other industrial estate in the NCR.
(vii)
‘F’ category industries located in residential area
The
Hon’ble court vide its order, dated 12.9.2000 directed and appointed the Ministry
of Urban Development to act as the Nodal Agency for the matter of relocating/shifting
of ‘F’ category industries as per MPD-2001 functioning and operating in residential
areas of Delhi. The said Nodal Agency was directed to supervise the implementation
of various orders/directions passed by the Hon’ble Court as well as implementation
of the Master Plan of Delhi. The powers under Sections 3(3) and 5 of the Environment
(Protection) Act, 1986 were given to the said Nodal Agency for implementation.
The Hon’ble court on 7.12.2000 directed that under the supervision of the Nodal
Agency, the Government of National Capital Territory of Delhi, the Municipal Corporation
of Delhi and the Delhi Development Authority would close all the polluting units
functioning in non-conforming/residential areas or zones within a period of four
weeks from the date of the order. The Hon’ble Court further directed that the
Nodal Agency was at liberty to direct closure of the polluting units under its
supervision.
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