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1996 Supreme(SC) 1005

1996(5) Supreme 255
SUPREME COURT OF INDIA
Kuldip Singh and Faizan Uddin, JJ.
M.C. Mehta Petitioner
versus
Union of India & Ors. Respondents
Interlocutory Application 22
In
Writ Petition (C) No. 4677 of 1985
Decided on 8-7-1996

Important Points

IMPORTANT POINT
168 industries listed as hazardous/noxious/heavy/large industries, operating in the city of Delhi categorised as H industries , ordered to be closed down and stop functioning in Delhi with effect from November 30, 1996.

Subject

Environmental Law - Pollution Control

Act Referred

Headnote

National Capital Region Planning Board Act, 1985-National Capital Region Plan-2001-Para 2.1-Master Plan for Delhi-Perspective 2001-Shifting/relocation of hazardous/ noxious/heavy/ large industries operating in Delhi to other towns in NCR-H(a) industries are operating in Delhi illegally and in violation of mandatory provisions of Master Plan-168 industries categorised as H industries-These industries shall stop functioning and operating in Delhi w.e.f. 30.11.1996 -National Capital Region Planning Board shall render assistance to the industries in process of relocation-Closure order made unconditional-Rights and benefits to be granted to workmen employed in the industries indicated-762 industries which did not respond to public notice to be issued individual notices. (Paras 24 and 27)

       

Legal Category Hierarchy

  • administrative law
    • urban planning
      • master plan enforcement (Para 1, 2, 3, 5)
    • statutory bodies
      • regional planning board (Para 1, 12)
  • environmental law
    • pollution control
      • industrial pollution (Para 7, 10)
    • hazardous industries
      • industrial relocation (Para 3, 5, 24, 25)
  • labour law
    • industrial disputes
      • retrenchment and compensation (Para 26)
    • employment terms
      • continuity of service (Para 26)

Table of Contents

1. Relocation of hazardous, noxious, heavy, and large industries from a city to a regional planning area under a statutory Master Plan and Regional Plan. (Para 1 , 2 , 3 )

2. Industries challenged their categorization as hazardous or heavy and sought extensions or permission to modernize processes to avoid relocation. (Para 5 , 11 , 15 )

3. Mandatory relocation timelines were ignored; modernization offers made after years of illegal operation are unacceptable; available land in the regional planning area facilitates relocation. (Para 3 , 4 , 5 , 7 , 8 , 9 , 10 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 )

4. Statutory mandates in a city's Master Plan for relocating polluting industries are binding and must be enforced to ensure environmental quality and manageable urban growth. (Para 3 , 5 )

5. Identified hazardous industries ordered to cease operations by a fixed date and relocate, with mandated protections for workmen and establishment of a single-window agency. (Para 24 , 25 , 26 )

6. Are hazardous and noxious industries permitted to operate in Delhi under the Master Plan 2001?

No, hazardous and noxious industrial units are not permitted. Existing units were required to shift within a maximum period of three years from the plan's enforcement. (Para 3 )

7. What is the timeline for relocating heavy and large scale industrial units?

While the Master Plan does not prescribe a specific period, they must shift within a reasonable time. The court determined that six years from the plan's enforcement is more than reasonable. (Para 5 )

8. Can industries avoid relocation by offering to modernize or convert to non-polluting processes?

Such offers may be rejected if they are made at a late stage after the industry has operated in violation of the Master Plan for a significant period. (Para 5 )

9. What protections are afforded to workmen when an industry is relocated under court order?

Workmen are entitled to continuity of employment, full wages during the transition, a shifting bonus for those relocating, and statutory retrenchment compensation for those not shifting. (Para 26 )

ORDER

The Master Plan for Delhi 1962 (MPD - 62) was prepared and enforced under the Delhi Development Act, 1957 (the Act). At the 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 February 11, 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 Region Planning Board, the purpose sought to be achieved by the Regional Plan was as under :

"The two important goals to be achieved by the Regional Plan are 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, is a framework of policies relating to population distribution, settlement system, transport and communications, physical and social infrastruction, regional land use, environment and eco-development, management structure for Plan implementation and counter magnet areas for development. The focus of the Plan is Delhi whose extra-ordinary 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 includes the union territory of Delhi and parts of the States of Haryana, Rajasthan and Uttar Pradesh. Under the Regional Plan, three policy zones have been identified. Apart from union territory Delhi (Delhi) the "ring towns" namely, Faridabad, Ballabgarh, Gurgoan, Bahadurgarh and 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 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 and recognised 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 interaction with Delhi. Thus, on the basis of these criteria, the zones which came out distinctly are 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 view to achieve a manageable Delhi and an harmoniously developed Region.

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 is so hazardous that lung and resiporatory diseases are on the increase. The city has become a vast and unmanageable conglomeration of commercial, industrial, unauthorised colonies, resettlement colonies and unplanned housing. There is












































































































































































































































































































































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