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2003 Supreme(SC) 400

Y.K.SABHARWAL, H.K.SEMA
M. C. Mehta – Appellant
Versus
Union of India – Respondent


JUDGMENT

Sema, J.-A contempt petition against the respondent Ashok Kumar Chhabra arises pursuant to the show cause notice of contempt issued by this Court on 25th November, 1999 for willful violation of various orders passed by this Court. The respondent was running hot mix plant industry located at village Rangpuri, New Delhi. The hot mix plant was the subject matter of consideration by an Expert Committee of Central Pollution Control Board (CPCB) to determine the pollution and hazardous aspects of this industry. On 13th March, 1996 this Court directed the CPCB to issue notices to the hot mix plants located in Delhi as to why they be not relocated. The Board issued notices to the Hot Mix Plants and after considering the replies/objections filed by them, the Expert Committee of the Board arrived at the following conclusion :

"The process emissions from Hot Mix Plants contain particulate matter and sulphur dioxide besides Poly Aromatic Hydrocarbons most of which are proven carcinogens. Therefore, the Expert Committee of CPCB has categorised Hot Mix Plants as hazardous industry (`Ha category). As per Master Plan 2001, all hazardous/noxious industries should be shifted out of the U.T.






































































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