M. C. Mehta vs Union Of India - 1992 Supreme(SC) 426

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1992 Supreme(SC) 426

SUPREME COURT OF INDIA
K.Ramaswamy : Kuldip Singh
M.C.Mehta
Versus
Union Of India
Case No. : 4677 of 1985
Date of Decision : 5/15/92
Advocates Appeared: Bisht N.S. : Chadha S.S. : Chandra Satish : Dhingra S.K. : Duda P.N. : Goyal I.S. : Iyengar B.R.L. : Jain P.K. : Jain Randhir : Katiyar Anil : Kulkarni B.Y. : Kumar Ranjit : Mahajan V.C. : Malhotra Indu : Mathur Vishnu : Mehta M.C. : Midha Seema : Mishra R.B. : Mohan R. : Pandey Rekha : Pandita Vijay : Pillai K.R.R. : Rao C.V.Subba : Rao P.P. : Rohatgi K.B. : Rohtagi K.B. : Saharya V.B. : Saridharan R. : Sasiprabhu R. : Shekhar Shashank : Singh Hardev : Singhvi A.M. : Suri R.S. : Vasudev Kailash

Advocates:
A.M.SANGHVI, ANIL KATIYAR, B.R.L.Iyengar, B.Y.Kulkarni, C.V.SUBBA RAO, HARDEV SINGH, I.S.GOYAL, Indu Malhotra, K.B.ROHTAGI, K.R.R.PILLAI, KAILASH VASUDEV, M.C.MEHTA, N.S.BISHT, P.K.JAIN, P.N.DUDA, P.P.Rao, R.B.MISHRA, R.MOHAN, R.S.Suri, R.SARIDHARAN, R.SASIPRABHU, RANDHIR JAIN, RANJIT GHOSAL, REKHA PANDEY, S.K.DHINGRA, S.S.Chadha, SATISH CHANDRA AGRAWAL, Shashank Shekhar, SIMA MIDHA, V.B.SAHARYA, V.C.MAHAJAN, VIJAY PANDIT, VISHNU MATHUR

Headnote:
Environment (Protection) Act, 1986 – Section,5 - Air Prevention and Control of Pollution Act, 1981 - Section, 31-A - Haryana Urban Development authority - Air pollution and environments - Court heard counsel for parties at considerable length for several days- Court have been taken through provisions of Delhi Development Act Plan for Delhi published Gazette of India Delhi Development Authority Regulations Delhi Municipal Corporation Act Faridabad Complex Administration Regulations and Development Plan for Faridabad- Controller Areas published in Haryana government Gazette Prevention and Control of Pollution Environment Protection National Health Policy Ancient Monuments National Capital Region Planning Board Act various other documents including reports of Experts on air pollution and environments- parties have submitted detailed written arguments which court have taken into consideration- Court have given our thoughtful consideration to various arguments advanced by counsel for parties –Held, Country Planning Department government of Haryana who were present in court informed us that a new "crushing zone" has been approved at village and lay-out Plan has been prepared and is in process of demarcation by Haryana Urban Development Authority- said "crushing zone" has been set up with object of rehabilitating existing stone crushers who are being stopped from functioning as a result of our orders- Court therefore direct State of Haryana through Director Town and Country Planning Department Haryana Chandigarh Chief Administrator Faridabad Complex Administration Deputy Commissioner Faridabad and Haryana Urban Development authority to demarcate and allot sites stone crushers mentioned above draw of lots or by any other fair and equitable method- Court further direct these authorities to provide additional land in or around crushing zone if there is not sufficient land in said zone to accommodate all stone crushers affected by our orders- This exercise shall be completed and plots offered to stone crushers within a period of six months from today- Director Town and Country Planning Department Haryana Chandigarh is further directed to send a progress report Registry of this court before this respect – Order accordingly

(1) WE reserved judgment in these matters on 24/04/1992. We heard learned counsel for the parties at considerable length for several days. We have been taken through the provisions of the Delhi Development Act, 1957, Master Plan for Delhi published in the Gazette of India dated 1/08/1990, the Delhi Development Authority (Zoning) Regulations, 1983, the Delhi Municipal Corporation Act, 1957, the Faridabad Complex Administration (Regulations and Development) Act, 1971, the Development Plan for the Faridabad-Ballabgarh Controller Areas published in the Haryana government Gazette dated december 17, 1991, the Air (Prevention and Control of Pollution) Act, 1981, the Environment (Protection) Act, 1986, the National Health Policy, 1985, the Ancient Monuments Act, 1958, the National Capital Region Planning Board Act, 1985 and various other documents including reports of the Experts on air pollution and environments. The parties have submitted detailed written arguments which we have taken into consideration. We have given our thoughtful consideration to the various arguments advanced by the learned counsel for the parties.

(2) WE are conscious that environmental changes are the inevitable consequence of industrial development in our country, but at the same time the quality of environment cannot be permitted to be damaged by polluting the air, water and land to such an extent that it becomes a health hazard for the residents of the area. We are constrained to record that Delhi Development Authority, Municipal Corporation of Delhi, central Pollution Control Board and Delhi Pollution Control Committee have been wholly remiss in the performance of their statutory duties and have failed to protect the environments and control air pollution in the Union territory of Delhi. Utter disregard to environment has placed Delhi in an unenviable position of being the worlds third grubbiest, most polluted and unhealthy city as per a study conducted by the World Health Organisation. Needless to say that every citizen has a right to fresh air and to live in pollution-free environments.

(3) FOR the reasons to be recorded and pronounced at a later stage we order and direct as under :

(1 The mechanical stone crushers established/operating in Lal Kuan, Anand Parbat, Rajokri, Tughlakabad and in any other area of the Union territory of Delhi shall stop operating/functioning with effect from 15/08/1992. No stone crusher shall operate in the Union territory of Delhi from August 15,1992 onward.

(2 The mechanical stone crushers established/operating in Suraj Kund, Lakhanpur, Lakkarpur, Kattan, Gurukul, Badkhal, Pallinangia, Saraikhaja, Anangpur and Ballabgarh areas of Haryana shall stop operating/functioning with effect from August 15, 1992. No stone crusher shall operate in the above-said area from 15/08/1992 onward.

(3 The writ petitions filed by the owners/proprietors of stone crushers in the Delhi High court which have been transferred to this court shall stand dismissed with no order as to costs.

(4 The stone crushers in the Union territory of Delhi/FaridabadBallabgarh Complex which do not have valid licences from the authorities under the Delhi Municipal Corporation Act, 1957/Faridabad Complex Administration (Regulations and Development) Act, 1971 or from any other authority which the law requires, shall stop functioning and operating with immediate effect.

(5 The stone crushers, in respect of which closure orders/directions have been issued by the central Pollution Control Board under S. 31-A of Air (Prevention and Control of Pollution) Act, 1981 or by the central government under S. 5 of the Environment (Protection) Act, 1986, shall stop functioning/operating with immediate effect.

(6 The Delhi Development Authority through its Vice-Chairman and Commissioner (Planning), the Delhi Municipal Corporation through its Commissioner, Faridabad Complex Administration through its Chief Administrator, Director Town and Count

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