# M.C. MEHTA v. UNION OF INDIA AND ORS

- **Citation:** [1996] Supp. 3 S.C.R. 49
- **Court:** Supreme Court of India
- **Decided:** 1996-07-08
- **Bench:** Kuldip Singh, Faizan Uddin
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/m-c-mehta-v-union-of-india-and-ors-14688
- **Pages:** 31

## Headnote

Delhi Development Act, 1957
S.11A(2}-Master Plan for Delhi-Shifting of hazardous/noxious/
heavy/large in1ustries from the city of Delhi-Held 168 indust1ies mentioned
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in the order cannot be pennitted to operate and function in Delhi-The
indust1ies shall stop functioning and operating in the city of Delhi w.e.f
30.11. 199(r-National Capital Region Planning Board shall render all assistance to the industlies in the process of relocation-Directions protecting the
interests of workmen given--Use of land which would become available on
shifting/relocation of industlies pem1itted in toms of orders of the Court dated D
10.5.1996:*
Environn1ental Law
Pollution caused by hazardous/noxious indust1ies-Shifting of industlies from city of Delhi-Directions given by Cowt.
E
*Order dated 10.5.1996 passed by this Court in I.A. No. 22 filed in
Writ Petition No. (C) 4677/85.

## Text

_Characters 0–39,994 of 57,625. This is a partial read: ask again with offset=39994 for what follows._

M.C. MEHTA
v.
UNION OF INDIA AND ORS.
JULY 8, 1996
[KULDIP SINGH AND FAIZAN UDDIN, J.J.]
Delhi Development Act, 1957
S.11A(2}-Master Plan for Delhi-Shifting of hazardous/noxious/
heavy/large in1ustries from the city of Delhi-Held 168 indust1ies mentioned
A
B
c
in the order cannot be pennitted to operate and function in Delhi-The
indust1ies shall stop functioning and operating in the city of Delhi w.e.f
30.11. 199(r-National Capital Region Planning Board shall render all assistance to the industlies in the process of relocation-Directions protecting the
interests of workmen given--Use of land which would become available on
shifting/relocation of industlies pem1itted in toms of orders of the Court dated D
10.5.1996:*
Environn1ental Law
Pollution caused by hazardous/noxious indust1ies-Shifting of industlies from city of Delhi-Directions given by Cowt.
E
*Order dated 10.5.1996 passed by this Court in I.A. No. 22 filed in
Writ Petition No. (C) 4677/85.
CIVIL APPELLATE JURISDICTION
Interlocutory Applica-
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IN
Writ Petition (C) No. 4677 of 1985.
(Under Article 32 of the Constitution of India.)
Petitioner-in-person and Ms. Seema Mirdha, Arnn J aitly, Swaraj
Kaushal, H.N. Salve, Anil B.Diwan, Gopal Subramainan, N.N. Goswami,
G
S.B. Sanyal, Ms. Shirla Sethi, D.N. Goburdhan, Ms. Geeta Luthra,
Saharaya & Co., R.K. Maheshwari, R.S. Suri, Ms. Hamantika Wahi, S.
Sukumaran, R. Khranjwala, Ravindra Narain, Sumeet Kachwaha, Punit H
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A
Singh. Bimal Ray, Ramji Srinivasan, .T. D. Dadachandji, T.C. Sharma,, Ms.
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Sushma Suri, Ranjan Mukherjee, Ramesh Babu, M.R. for the appearing
parties.
The following Order of the Court was delivered :
The Master plan for Delhi 1962 (MPD - 62) was prepared and
enforced under the Delhi Development Act, 1957 (the Act). At that point
of time it was realised that the solution of the impending problems of the
National Capital could only be found in regional context and as such the
MPD - 62 recommended that a statutory National Capital Region Planning
Board should be set up for ensuring-balanced and harmonised development of the region. The National Capital Region Planning Board Act, 1985
(Capital Region Act) came into force on Februaryll, 1985. The National
Capital Region Plan - 2001 (the Regional Plan) was published as a statutory
document. In the words of the then chairperson, National Capital Regjon
Planning Board, the purpose sought to be achieved by the Regional Plan
was as under :
"The two important goals lo be achieved by the Regional plan arc
a balanced and harmoniously developed region, leading to dispersal of economic activities and immigrants to Delhi, thereby leading
to a manageable Delhi. This is to be achieved by the progressive
deconcentration of population and economic activities in the
Region and their judicial dispersal to various priority towns as
identified in the Plan. The Plan, i; a framework of policies relating
to population distribution, settlement system, transport and communications, physical and social infrastructure, regional land use,
environment and eco- development, n1anagement structure for
Plan implementation and counter magnet areas for development.
The focus of the plan is Delhi whose extraordinary growth has put
great pressure on its essential services and civic facilities. It is
expected that a vigorous implementation of the policies contained
in the plan would help maintain the quality of life of our National
Capital."
The National Capital Region constituted under the Capital Region Act
inclucjes the union territory of Delhi and parts of the States of Haryana,
Rajaslhan and,Utlar Pradesh. Under the Regional Plan, three policy zones
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have been identified. Apart from union territory Delhi (Delhi) the "ring
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M.C. MEHTA v. U.O.l.
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towns" namely, Faridabad, Ballabagarh, Gurgaon, Bahadurgarh and A
Ghaziabad, came to be known as Delhi Metropolitan Area (DMA) with
Delhi as the core. The Delhi and the DMA are identified as two distinct
zones. The area beyond the DMA upto the National Capital Region (NCR)
boundary which is predominantly rural stands out as the third zone distinctly different from the other two. It would be useful to quote the relevant B
part of para 2.1 of the Regional. Plan :
'The prime objective of the Regional Plan is to contain Delhi's
population size within manageable limits at least by the turn of the
Century. As a strategy, after evaluating various alternative
scenarios for development, it has been realised and recognised C
that, in order to save Delhi from population explosion, it is necessary to moderate the growth in the areas around it... ........ The
preliminary studies clearly concluded that economic activities with
potential for large scale employment should necessarily be located
outside the DMA, preferably at a distance which discourages daily D
interaction with Delhi. Thus, on the basis of these criteria, the
zones which came out distinctly arc Delhi UT, the DMA excluding
Delhi UT and the area beyond DMA within NCR, for effective
application of the policies and implementation of proposals with
a vie\v to achieve a n1anageable Delhi and an harmoniously
developed Region."
E
Delhi is recording heavy population growth since 1951. As the city grows,
its problems of land, housing, transportation and management of essential
infrastructure like water supply and sewage have become more acute. Delhi
is one of the most polluted cities in the world. The quality of ambient air F
is so hazardous that lung and respiratory diseases are on the increase. The
city has bccon1e a vast and unmanageable conglo1neration of commercial,
industrial, unauthorised colonies, rcsettle111ent colonies and unplanned
housing. There is total lack of open spaces and green area. Once bcautif ul
city, Delhi now presents a chaotic picture. The only way to relieve the
capital city from the huge additional burden and pressures, is to de-conG
ccntrate the population, industries and economic activities in the city and
relocate the same in various priority to\vns in the NCR.
The Master Plan for Delhi-perspective 2001 (the Master Plan) as
approved by the Central Government under Section 11A(2) of the Act was H
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SUPREME COURT REPORTS [1996] SUPP. 3 S.C.R.
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published in the Gazette of India on August 1, 1990. The question for
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consideration, before us, is whether the hazardous/noxious/heavy/large industries operating in Delhi are liable to be shifted/relocated to other towns
in the NCR?
The relevant part of the Master Plan is as under :
"HAZARDOUS AND NOXIOUS INDUSTRIES
Refer annexure III H (a).
(a) The Hazardous and noxious industrial units are not permitted
in Delhi.
(b) The existing industrial units of this type shall be shifted on
priority within a maximum time period of three years. Project
report lo effectuate shifting shall be prepared by the concerned
units and submitted to lhe Authority within a maximum period of
one year.
( c) ......................................................... ..
( d) Action shall be taken by Delhi Administration to prepare a list
of individual noxious and hazardous industrial units to be shifted
and depending on the pollution/hazard, administration may force
these industrial units to shift within a maximum prescribed period
of three years.
HEAVY AND LARGE INDUSTRIES
Reier Annexure llI H (b)
(a) No new heavy and large industrial units shall be permitted in
Delhi.
(b) The existing heavy and large scale industrial units shall shift to
Delhi Metropolitan Area and the National Capital Region keeping
in view the National Capital Region plan and National Industrial
Policy of the Govt. of India ............................ .
(c) .............................................. .
M.C.MEHTA v. U.0.1.
53
( d) Modernisation of heavy and large scale industrial units shall A
be permitted subject to the following conditions:
(i) It will reduce pollution and traffic congestion.
(ii) Whenever the unit is asked to shift according to the policies
of the plan, no compensation shall be paid for assets attained B
because of modernisation."
It is thus obvious that under the mandatory provisions of the Master
Plan the hazardous and noxious industrial units [H(a) industries) are not
permitted to operate in Delhi. So far as the existing H (a) industries are C
concerned, they were required to be shifted within a maximum prescribed
period of three years. The Master Plan came into force in August, 1990.
H(a) industries should have been shifted by the end of 1993. It is unfortunate that no action in thi., respect was taken by the authorities concerned.
The industries were required to prepare and submit the project reports lo
effectuate shifting. This was to be done within one year of the coming into D
force of the Master Plan. None of the H(a) industries submitted the
required project reports within the statutory period of one year. We have
no hesitation in holding that the H(a) industries are operating in Delhi
illegally and· in utter violation of the mandatory provisions of the Master
Plan. Delhi Administration was under a statutory obligation to prepare a E
list of H(a) industries. No such list was prepared within the statutory period
of three years. It was only under the directions of this Court that the
necessary lists were prepared.
There is no doubt that the H(a) industries have been operating in
Delhi illegally during the last about three years. They must stop operating
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in Delhi and relocate themselves to some other industrial estate in the
NCR. We arc further of the view that the concerned officers of the Delhi
Administration arc equally responsible for continuous illegal operation of
the H( a) industries in the city of Delhi. The Chief Secretary, Delhi Administration shall hold an inquiry and fix the responsibility of the ofG
ficers/officials who have been wholly re-miss and negligent in the
performance of the statutory duties entrusted to them under the Master
Plan.
The Master Plan provides that "no new heavy and large industrial
units shall be permitted in Delhi". Heavy and large industries have been H
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SUPREME COURT REPORTS [1996] SUPP. 3 S.C.R.
categorised as H(b) under the Master Plan. It is further provided that the
existing H(b) industries shall shift to DMA and the NCR keeping in view
the Regionn! Plan and the National Industrial Policy of the Government of
India. Although no period has been prescribed for the shifting of these
industries but in the absence of any ;ueh provision the shifting has Io be
done within a reasonable time. Period of six years from August 1990 when
the Master Plan came into force, is more than reasonab!c period for these
industries to shift from Delhi. Some of these industries have, during the
course of arguments, offered for modernisation and abo for conversion
from polluting to non- polluting industries. The offers are simple ipse-dixit
with no material. We are nol impressed by the offers made by these
industries al this !ale stage .. They should have modernised or changed the
process of manufacture during the six years they have been operating in
violation of the Master Plan. We therefore, reject these offers.
It may be mentioned that H (a) and H(b) type of industries have been
indicated in Annexure lll lo the Master Plan.
This Court has been monitoring this 111attcr since January, 1995. On
March 24, 1995 this Court took notice of the growing pollution in Delhi in
the following words :
11A very grim picture emerges regarding increase of pollution in
the city of Delhi from the two affidavits filed by Sh. D.S. Negi,
Secretary (Environment), Govt. of Delhi. He has pointed out that
population of Delhi which was about 17 lakhs in 1951 has gone up
to more than 95 lakhs as per the 1991 census. In fact, more than
4 lakh people are being added to the population of Delhi every
year out· of which about 3 lakh are migrants. Delhi has been
categorised as the fourth most polluted city in the world with
respect to concentration of Suspended Particulate Malter (SPM)
in the ambient atmosphere as per World Health Organisation
Report, 1989. From NEERI's annual report (1991) it is obvious
that the major contribution, so far as air pollution is concerned, is
of the vehicular traffic but the industries in the city are also
contributing about 30% of the air pollution. So far as the discharge
of effluent in Yamuna is concerned, the industries are the prime
contributors apart from the MCD and NDMC which are also
discharging se\vage directly into river Yamuna.
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M.C. MEHTA v. U.0.1.
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On the same day this Court directed the Central Pollution Control Board A
to issue notices to the industries in the following words:
"We direct the Central Pollution Control Board (hereinafter
referred to as 'the Board') through its Member Secretary to issue
individual notices to all these 8378 industries indicating therein the B
fact that they are polluting industries and arc operating in nonconforming areas in violation of the Delhi Master Plan formulated
under the Delhi Development Authority Act, 1957, Delhi
Municipal Corporation Act, 1957 and the Factories Act, 1948. The
first Master Plan for Delhi was formulated in 1962 and the second
Master Plan called the MPD 2001 came into force on August l, C
1990. Needless lo say that Master Plan provides setting up of
industries only in conforn1ing areas i.e. the industrial areas earmarked for that purpose. The individual notices shall also indicate
that these industries have to stop functioning in the city of Delhi
and be re-located elsewhere. ll may also be stated in the notices D
that if for the purposes of relocation the industries require any
help from any Government Department/Agency, they may file their
objections in that respect before the Secretary, Environment, Delhi
Administration.
The individual notices shall be issued by the Board to all these
industries before April 30, 1995. Apart from individual notices a
public notice in this respect in two English dailies and two vernacular dailies shall also be published in the third week of April,
1995. We further direct the Doordarshan and All India Radio to
make announcement in this respect on three consecutive days in
the last week of April, 1995. Mr. Altaf Ahmad, learned Additional
Solicitor General has agreed to give the language of the notice
which is to be announced by the Doordarshan and All India Radio.
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Annexure R-2 to the additional affidavit contains a list of 256 G
hazardous and noxious units \vhich are operating in conforming
areas. Similarly, the industries listed in Annexure R- 3 and R-4 are
also air polluting and water polluting industries. According lo the
master Plan and the provisions of la\v mentioned above these
industries have also to be re-located. We direct the Member
Secretary, Central Pollution Control Board and other authorities H
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SUPREME COURT REPORTS [1996] SUPP. 3 S.C.R.
to treat these units similarly as the 8378 units which are to be dealt
with and similarly notices to these units shall also be issued.
The industries concerned, within 15 days, from the receipt of the
notices shall file their objections, if anv, before the Secretary Environment,
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Delhi Administration. We further give liberty to the industries concerned
to approach this Court, if they deem it necessary for any assistance for the
purposes of re- location."
It is thus obvious that as back as March/April, 1995 the polluting
industries in Delhi were approached through indh;dual notices, public
notices in the newspapers, through Doordarshan and All India Radio and
were asked to relocate themselves. This Court offered all assistance to the
industries in the process of re-location. There \Vas no response at all fro111
the industries.
This Court on May 8, 1995 gave further time to those industries who
had not filed objections till that date. On May 10, 1995 this Court directed
the Secretary Urban Development Department, Government of India to
indicate by way of an affidavit as· to which of the industrial estates in NCR
are available for relocation. This Court passed the following order :
"Mr. M.C. Mehta, the petitioner states that under the National
Capital Region Act, 1985, a Board called National Capital Region
Planning Board has been constituted. The Union Minister for
Urban Development is the Chairman of the Board. It is further
stated that under the Regional Master Plan 2001 prepared under
the National Capital Region Planning Board Act, 1985, the industrial areas have been earmarked in various regions. We are in
the process of dealing with 9000 odd industries operating in the
non-conforming areas of Delhi. May be that some of the industries
have to be re-located. We request Smt. Sheela Kaul, the Union
Minister for Urban Development to file an affidavit in this Court
through the Secretary of the Department indicating as to which
are the industrial areas available for relocating the industries from
Delhi. This may be done within six weeks from the receipt of the
order. The Registry is directed to send a copy of this order lo the
Urban Development Ministry as well as lo the Secretary of the
Ministry.
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Pursuant to the order dated May 10, 1995 (quoted above) Secretary, A
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Department of Urban Development, Government of India filed in this
Court details of the vacant industrial areas in the industrial estate at
Ghaziabad, Naida, New Noida, Bullandshahr, Mcerut, Rajasthan subdivision and Haryana. This Court by the order dated August 3, 1995
directed the Delhi Administration and the Central Pollution Control Board
to display the details of the industrial estates where industrial plots were
available for relocation in their respective offices. The Central Pollution
Control Board was directed to publish a notice in two daily newspapers
bringing it to the notice of the industries that industrial plots in various
industrial estates were available for relocation. It was also directed that
necessary assistance shall be rendered to all those industries who wish to
relocate themselves. It is unfortunate that despite several notices by this
Court only three industries offered to relocate themselves. This Court on
August 25, 1995 directed that the H category industries be dealt with
immediately for the purpose of relocation. This Court passed a detailed
order in the following terms:
"Pursuant to this Court's orders dated March 24, 1995, May 8, 1995,
May 10, 1995 and 3rd August, 1995, affidavits have been filed, as
directed by us in these orders. Mr. D.S. Negi, Development Commissioner-cum-Secretary (Envt), Government of India, has filed an
affidavit dated August 23, 1995. It is stated in the affidavit that out
of 9164 industries, 2224 have filed objections. 1557 industries are
operating in non-conforming use zones. It is further stated that out
of these, 170 industries falling under 'H' category (Highly Polluting) need to be re-located out of the National Capital Territory of
Delhi, as per the provisions of Master Plan 2001. It is further stated
that 1387 industries which belong to groups F, G, D, C, E and B
also require re-location within the National Capital Territory of
Delhi in conforming use zones in a phased manner as stipulated
in the Master Plan 2001.
Mr. Negi has also invited our attention to the fact that some of
the Federations representing the industries which did not file
objections, have approached the Chief Minister of Delhi, requestB
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ing him to request this Court to give one more opportunity to these
industries to file their objections to the notices which were issued H
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SUPREMlo COURT REPORTS [1996] SUPP. 3 S.C.R.
and served on these industries pursuant to this Court's order. As
suggested by Mr. Altaf Ahmed, Additional Solicitor General we
direct that the industries which have not fried objections till date
may do so within 3 weeks from today ........... Mr. Negi has also
stated in the affidavit that during the last two decades the city of
Delhi has witnessed tremendous changes in the industrial profile,
and as a result, as at present, it is estimated that there. are 93,000
industries which arc operating in Delhi and majority of these
inJustries are in non-conforming use zones. The copies of the
volumes containing objections of various industries have been given
lo Mr. Mehta & Mr. Ranjit Kumar, learned counsel appearing in
these n1atters.
Dr. S.P. Chakrabarti, Member Secretary of the Central Pollution Control Board has also filed affidavit dated August 25, 1995.
It is stated that the Board has published a public notice invitiirrg
au industries operating in non-conforming use zones in the territory of Delhi, to give their options to shift to the available
industrial plots in the industrial estates of Ghaziabad, Bulandshahar, Meerut, Rajasthan Sub-division and Haryana. Copies of
public notice have been annexed along with the affidavit. It may
be mentioned that prior to the notice, individual notices were
issued and served upon all the industries. Mr. Panjwani, learned
counsel appearing for the Central Pollution Control Board has
informed us that there is very poor response to the public notice
in the sense that only three industrialists out of the 9164 have come
forward to seek assistance for lhe purpose of re-location.
Mr. Altaf Ahmed, Additional Solicitor General, Mr. M.C.
Mehta & Mr. Ranjit Kumar, learned counsel state that they will
examine the material placed on the record by the Delhi Ad ..
ministration today and thereafter come with positive suggestion as
to how this problem is to be tackled. This may be done within two
weeks. To be listed on September 14, 1995, at 2.00 p.m.
We are, however, of the view that the industries which come
in 'H' category are to be dealt with immediately. According to Mr.
Negi, the details-of such industries is shown in the report consisting
M.C. MEHTA v. U.O.l.
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of four volumes, submitted by the Delhi Pollution Control ComA
mittec. We direct the Delhi Polhition Control Committee lo serve
notices to industries ('H' category industries), within two weeks
from today indicating that these.industries shall have to be re-located. They be told in the notiqo to give their requirements regarding plot-area etc. to the Committee. The industries may further
indicate any other assistance they require from any of the
authorities for the purpose of re-location. The· industries shall give
their response lo the notice within two weeks of the receipt of the
notice. The Committee shall thereafter examine the requirement
of each of the industries and submit a report to this Court four
\Veeks thereafter. Hie 111ake it clear that so far 'H' catego1y industries
are conce11ied, there is no alte111ative but to relocate then1 outside
Delhi. We reiterate that all these i11dust1ies shall be provided with
proper assistance by the Delhi Adnzinistration and all other Gove111n1ents/Gove11unental Autho1ities, in the process of re-location.
So far as 'H' category industries are concerned, the matter to
come up on 3rd November, 1995. The said industries shall be heard
and final order passed."
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By various orders passed and notices issued by this Court from time E
to time, the 'H' category and polluting industries in Delhi were told in clear
terms that they cannot operate in the city and they must relocate to other
industrial estates in the NCR. These industries were repeatedly offered all
assistance and incentives in the process of relocation. Again on September
22, 1995 this Court passed the following order :
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"We are of the view that to control pollution in the town of Delhi
is the sole responsibility of the Delhi Pollution Control Committee.
It is high time that the Committee should realise its responsibility,
we are all assisting the Committee to perform the job which has G
been entrusted to it under the law. The Committee may adopt any
method to complete the necessary survey and place before this
Court a complete list of hazardous industries within six weeks from
today. Meanwhile, the Delhi Pollution Control Committee has
placed before this Court additional list of 341 industries, which
according to the Committee can be categorised as 'H' industries. H
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SUPREME COURT REPORTS [1996] SUPP'. 3 S.C.R.
We direct the Committee to issue individual notices to all these
industries in similar terms as directed by this Court in the order
dated August 25, 1995. This shall be done within 10 days from
today.
The matter lo come up on 3rd November 1995 for further
directions. We make it clear that all the 'H' category industries to
whom notices have been issued will have liberty to address this
Court on November 3, 1995."
On November 15, 1995 the Delhi Pollution Control Committee
(Committee) filed a list of the industries which were categorised as H(a)
and H(b) . Far from agreeing to relocate, the industries even challenged
the categorisation done by the Committee. They wanted further opportunity in the matter. This Court passed the following order :
"Mr. Altaf Ahmad, learned Additional Solicitor General has invited our attention to the three compilations filed by him in this
matter. He has filed a compilation dated November 3, 1995 consisting of 708 hazardous/noxious/heavy and large industries in the
city of Delhi. Apart from that there are 341 industries of similar
category listed in the compilation dated September 22, 1995. In
the third compilation (green colour) date,d August 23, 1995, 171
industries of the same category are listed. There are, thus, 1220
hazardous/noxious/heavy and large industries as listed in these
compilations. Mr. P.N. Lekhi, Mr. H.N. Salve and various other
learned counsel have raised an objection that the industries they
represent do not come within the category of hazardous/noxious/heavy and large industries. We, therefore, give liberty
to the industries who wish to represent against their tentative
categorisation to file objections before the Central Pollution Control Board (Board) within one week from today. The Board shall
further indicate as'to which of the industries are 'H'(a) and '!-['
{b) categories as defined in the Master plan 2001. Mr. Lekhi has
suggested that since the expertise to find out whether an industry
is in conforming or non conforming area is with the DDA it would
be better that an officer of the DDA should be associated with the
Board for this purpose. We agree with the suggestion and request
Mr. P.C. Jain, Additional Commissioner of Planning, DDA to
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M.C.MEHTA v. U.0.1.
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associate with the Central Pollution Control Board as a specialist A
to indicate whether an industry is in the conforming or non-conforming area. He shall associate with the Central Pollution Control
Board from November 17, 1995. We further make it clear that if
necessary the Board may hear the industry and in case it is further
necessary an officer or official of the Board may visit the industry B
for on the spot verification. We make it clear that the categorisation made by the Board shall be final subject to modification by
this Court.
Mr. F.S. Nariman, .learned senior counsel appearing for M/s.
Birla Textiles & M/s. Shriram Industrial Enterprises Ltd. along C
with Mr. Ramji Srinivasan, learned cou.nsel appearing for M/s.
DCM Silk Mills and Mis. Swatantra Bharat Mills state that the
industries are willing to relocate themselves. So far as M/s. Birla
Textiles are concerned, it is stated that the alternate land has
already been identified in the State of Himachal Pradesh and the
industry is willing to shift within a reasonable time. These industries D
may file their relocation schemes by placing a short note before
this Court by next Tuesday. The scheme filed by these industries
shall indicate the manner in which they are going to deal with the
workmen and their consequent problems. Mr. Altaf Ahmad states
that he would give his response to the relocation schemes within E
three days thereafter. We request Mr. Altaf Ahmad to further seek
instructions from the Delhi Administration regarding possibility of
extending various concessions to those industries which are to be
relocated.u
On November 30, 1995 Mr. Omesh Saigal, Member Secretary, National F
Capital Regional Planning Board was present in Court. He placed on
record a note regarding the relocation of industries. He stated that the
Board has at its disposal 5000 acres of land in various parts of the NCR.
The Board is in the process of acquiring three hundred thousand acres of
land in addition. According to him the Board has enough industrial plots G
to offer to the industries which are to be relocated from Delhi. He offered
plots even upto 100 acres or more for heavy and large industries.
The note dated December 1, 1995 placed on record by Mr. Saigal
indicates the NCR policy measures regarding dispersal of industries and
further implementation of the said policy. The salient features of the note H
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SUPREME COURT REPORTS [1996) SUPP. 3 S.C.R.
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are as under :
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"Implementation of NCR Policy measures regarding dispersal of
industries:
This involves a number of steps :
I Making alternate sites available to the industries for relocation.
The broad recommendations of the Planning Committee were as
under :
(a) For locating the industries at new sites :
(i) If the industries were non polluting, they could be accommodated in the regular planned industrial areas/Estates/Zones
already developed or being developed in the NCR by the concerned authorities of the respective States.
(ii) In case of industries currently listed as polluting/hazardous.
When these industries arc set up at their new location and they
improve their technology and if they no longer remain polluting
and hazardous, they can be located in regular planned indu:;trial
areas.
If such industries continue to remain polluting, special industrial zones could be created so that they do not adversely affect
the Jiving environment in the vicinity and such industrial zones to
have special infrastructure facilities to take care of the pollutants
and provide protective belts around them to mitigate the effect of
polluting effluents, smoke, gases, noise etc., and any accidential
release thereof.
(b) The land will be allocated to the shifting units on priority and at
pi·e-detennined rates, taking into consideration theirfurtller neer}s for
expansion and 111oden1isation.
(e) For heavy industries requiring large sites; additional land may
be acquired where necessary.
( d) Upon their relocation, the units will be treated as new units qnd
•
,.
M.C. MEHTA v. U.O.J.
63
provided all facilities as per indusuial policy of the State.
· (e) Additional back up facilities such as employee housing etc.,
may be provided wherever necessary.
A
(f) The NCR Planning Board can provide loan assistance to the
State Governn1ent/their agencies for creation and development of
B
such industrial areas.
III. the restrictions which may be imposed by Delhi Finance
Corporation on the units who have taken loan from them.
The State Finance Corporations where the units are going to c
be relocated to take the loan responsibility of tJ-:c shifting units
financed by DFC, for which an agreement/MOU to be reached
between Delhi and the Stale Financing Corporations with the
concurrence of the appropriate re-financing appex bodies. For
financing the creation of new assets for the shifted units, the State D
Finance Corporations to take responsibility as per the existing
practice invogue.
IV. Permission required under the Industrial Dispute Act from the
State Government, Department of Labour and Employment.
The Department of Labour and Employment GNCT-Delhi to sort
out the problems with regards to the existing labour in these
industries.
E
V. Problems relating to shifting of labour lo the ,;ew relocated sites
outside Delhi in the NCR.
F
The above proposals are to be made applicable to those units
which locate themselves in the NCR itself, so that in their relocal '1
position, they generate economic activities in the priority lo\vns of
NCR to provided employment opportunities for the detlectcd G
population. To ensure this we must dovetail them with the plan of
shifting.
Since the NCR towns are within the Commuting range of Delhi
and each other, the labour can either shift to the ne\v sites or at
least caL keep commuting till they finally shift to the new place. If H
64
A
B
c
SUPREME COURT REPORTS [1996] SUPP. 3 S.C.R.
the industries are taken too far away outside the region, they will
neither help in the development of the region nor be able to help
in the shifting of the labour force to the new site.
VI. Setting up of a single window to facilitate relocation of industries.
The matter was discussed in the Parliamentary Consultative Committee attached to the Ministry of U .A. & E. held on 22.08.95 and
the following decision was taken:
In order to facilitate shifting of industries from Delhi, it is
necessary that a unified single agency be formed consisting
of all the participating States to act as a nodal agency to sort
out all the problems of such industries ranging from th_e use
of their vacated land to their establishment at new sites."
D It would be useful at this stage to quote the provisions of the Master !Plan .
under which the shifting industries are entitled to suitable incentives.
E
F
"GENERAL CONDITIONS
(i) In allocating new industrial plots, which have been recommended for shifting will be given priority by the Authority by
offering plots to the industrial units pr.ior to shifting.
(ii) Suitable incentives would be provided to the shifting of
industries.
(iii) Ad lzoc licencing to industrial units shall be discontinued."
There is on record an affidavit filed by Mr. C.D. Tripathi on behalf
of Department of Urban Development, Ministry of Urban Affairs and
Employment, Government of India giving following details of vacant inG dustrial areas in the NCR :
H
"Details of Vacant Industrial Areas
U.P. Sub Region
GHAZIABAD
No. of Plots
vacant
Area
(In acres)
-,,
M.C. MEHTA. v. U.0.1.
65
1.
B.S.R. Road
33
30.78
2.
Loha Mandi
83
5.39
3.
S.S.G.T. Road
20
8.11
4.
Loni Road Site-II
43
832.00
5.
Meerut Road Site-III
25
11.27
6.
Sahibabad Site-IV
64
40.74
7.
Kavi Nagar, Sector-17.
1
0.59
8.
Udyog Kunj
56
13.82
9.
Greater Noida
30
200.00
10.
UPSIDC (Greater Naida)
563
155.80
11.
Naida Phase-II+ Extn.
37
29.70
12.
Naida Phase-Ill
18
5.00
BULANDSHAHAR
13.
Sikanderabad
325
250.36
14.
Gopalpur
129
29.63
15.
Khurja
4
0.79
MEER UT
16.
Meerut Mahanagar
3287.97
RAJASTHAN SUB - REGION
1.
Matsya Industrial Area
Al war
33
33.10
2.
Bhiwadi
2
0.44
3.
Neemrana
30
268.00
4.
Behror
1
0.12
In addition, land for industrial use is under acquisition in the following areas.
Location
Land under
Acquisition (acres)
1.
Matsya Industrial Area, Alwar
485.00
2.
Bhiwadi
958.12
3.
Khushkhera
855.62
4.
Neemrana
631.50
5.
Behror
11.77
6.
Sotanala
1.53.65
Total area under acquisition :
3095.66"
A
B
c
D
E
F
G
H
66
SUPREME COURT REPORTS [1996] SUPP. 3 S.C.R.
A
The material placed before this Court clearly shows that large numB
c
. ber of plots are available in various industrial estates in the NCR. Some of
the industrial estates are in the MPA. H(a) and H(b) industries can have
no difficulty in selecting a suitable plot for relocation. The allotment of the
plots shall be made on priority basis. We have no doubt that reasonable
incentives, which are normally provided to new industries in new industrial
estates, shall be extended to the shifting industries. This Court by the order
dated May 10, 1996 in I.A. 22 (W.P. (Civil) 4677 of 1985) has already
directed and laid-down the manner in which the land which would become
available on account of shifting of H(a) and H(b) industries is to be used.
In. view of the huge increase of prices of land in Delhi, the reuse of the
vacant land is bound to bring lot of money which can meet the cost of
relocation.
So far as categorising is concerned, this Court has given repeated
opportunities to the industries to place their case before various
authorities. In the first instance the Committee prepared list of H(a) and
D H(b) categories after affording full opportunity to the industries. Thereafter, this Court by the order dated December 13, 1995 permitted the
industries to file further objections before the Central Pollution Control
Board (the Board) regarding categorisation. Even after the Board finally
decided the categorisation the industries were not satisfied. This Comt
E
gave further opportunity by the follmving order :
F
G
H
"Learned counsel appearing for some of the industries which have
been categorised as hazardous have contended that the industries
have been wrongly categorised as 'H'. It is also stated that similar
industries have been left out of the said categorisation. Mr. Pa11jawani states that he along with technical team shall hear the
objections personally and submit a note to this Court. Mr. P.N.
Lekhi states that he would make the High Court Bar Association
Committee Room available for the purpose. The lawyers may mc1ot
Mr. Panjwani at 4.30 PM on Monday, the 29th January, 1996 in
lhe Committee room of Delhi High Court Bar Association Comn1ittee room.'
1
The above exercise was completed and a final list of H( a) and H(b)
industries was placed before this Court.
We arc of the view that despite the best efforts of the Committee
-
M.C. MEHTA v. U.0.1.
67
and the. Board, it may not have been possible to identify all the H(a) and A
H(b) industries in Delhi. We shall continue to identify and relocate them.
This Court has given several opportunities to the identified H(a) and
H(b) industries to represent and file objections against their categorisation.
The industries which are being finally dealt with by us have been heard
more than once and after thorough investigation and scrutiny they have
been categorised as H(a) and H(b).
The Board issued notices to 9164 industries in Delhi to show cause
why they be not directed to shift from Delhi. In response to the notices
2225 objections were filed before the Committee. After considering the
objections and affording opportunity of hearing, 171 units were categorised
as 'H' industries under the Master Plan. Subsequently, under the order> of
this Court 24 more industries were permitted to file their objections and
B
c
out of which six were declared as 'H' industries. 341 more industries were
identified by the Committee as 'H' industries. Yet another 708 industries
were identified as 'H' category by the Committee. It is thus obvious that D
1226 (171+6 + 341+708) industries were identified as 'H' category industries. Under directions of this Court, a public notice mentioning all the
1226 industries was published in the Indian Express, Jansatta, Nav Bharat
Times and Times of India dated 19th, 20th and 21st of November, 1995.
Although most of the industries had earlier been given individual notices E
and were heard but despite that in the interest of justice fresh notice by
publication was given to all the 1226 industries.
Out of 171 industries (part of 1226 industries) which were identified
as 'H' category industries, 59 did not file further objections in response to
the public notice. They were earlier heard by the Committee and after full
F
investigation were categorised as 'H' industries. These 59 industries1 in
terms, accepted their categorisation as H industries.
In response to the public notice 433 objections were received (10
objections were duplicate). The objections were considered and the inG
dustries were heard by the Board. Finally, the Board identified 104 units
as 'H' category industries.
The Board considered objections of the following five industries
which are operating in non-conforming areas and came to the conclusion
that they were 'H' category industries :
H
A
B
c
68
SUPREME COURT REPORTS (1996] SUPP. 3 S.C:.R.
"(1) Pritam Singh Hari Singh 31/lA, Street No. 2, Anand Parbat
Industrial Area New Delhi-5
(2) Bansal Plywood Industry (p) Ltd.