Y.K.SABHARWAL, B.N.AGARWAL
M. C. Mehta – Appellant
Versus
Union Of India – Respondent
Judgment
Y.K. Sabharwal, J.-This case about unauthorized industrial activity in Delhi in residential area has a protracted background. The present examination is confined to the issue of industrial activity in residential/non-conforming areas to decide what directions may be issued to put an end to such illegal activity. As a result of orders passed from time to time, hazardous and noxious industries and heavy and large industries (‘H’ Category) have been shifted out of Delhi. Some of extensive industries (‘F’ category) have also been shifted out of Delhi. As per the State Government, non-polluting ‘F’ category industries have not been yet shifted. The question is what should be done about continued unauthorized use contrary to Master Plan and Zonal Plan by remaining ‘F’ category and ‘B’ to ‘E’ category (light and service industries) and household industries (‘A’ category industries). These industries are continuing in residential/non-conforming areas. Such activity is mostly in residential areas. It is not in dispute that most of continued industrial activity under consideration is in contravention of law except only few household industries which are continuing in residential area
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