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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 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.

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)

       

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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