1. Time extension for deposit of alternative plot payment and closure of polluting industries in non-conforming areas. (Para 1 , 5 )
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2001 Supreme(SC) 144
SUPREME COURT OF INDIA
B.N.Kirpal : Brijesh Kumar : Shivaraj V.Patil
M.C.Mehta: Poorvi Vishwas Ngr.S.Kalyan Samiti (Regd.)
Versus
Union Of India
Case No. : 22 , 4677 of 1985
Date of Decision : 1/24/01
Industries situated in non-conforming or residential areas must be closed regardless of whether they have installed pollution control devices or effluent treatment plants.
Headnote:(A) Environmental Law - Zoning and Non-conforming Areas - Industrial units located in residential or non-conforming areas are liable for closure regardless of whether they have installed pollution control devices or effluent treatment plants (Para 5).
(B) Land Allotment - Extension of time for payment for alternative plots - Extension of time for depositing payment for alternative plots of land may be granted to prevent cancellation due to non-payment within a specified period (Para 1).
Facts of the case:
The matter pertains to the management of industrial units situated in non-conforming or residential areas and the payment for alternative plots of land provided to such units. The court was tasked with determining the fate of industries that might be causing pollution and managing the timeline for the payment of alternative land plots.
Findings of Court:
Time for payment for alternative plots is extended to 31/3/2001, and no cancellation shall be effective for non-payment until that date. Regarding industrial units in non-conforming or residential areas, the government is required to provide a time schedule for their closure, as themere installation of pollution control devices does not justify their continued operation in such zones.
Issues: Whether the installation of pollution control devices allows an industry to continue operating in a non-conforming or residential area, and whether an extension of time for payment for alternative plots should be granted.
Ratio Decidendi: Zoning regulations for residential and non-conforming areas take precedence over the installation of pollution mitigation technology; therefore, industries in such areas must close irrespective of whether they have put up an effluent treatment plant or other devices.
Result: I.A. Nos. 1330 and 1365 allowed; I.A. No. 1366 dismissed.
Legal Category Hierarchy
Table of Contents
2. Non-conforming or residential area industries must close irrespective of pollution control devices. (Para 5 )
3. Industries in non-conforming or residential areas must close down even with pollution control devices. (Para 5 )
4. Payment time extended till 31/3/2001; matter listed for compliance report on 5/2/2001. (Para 1 , 6 )
5. Must industries in non-conforming or residential areas close down even if they have pollution control devices?
Yes, irrespective of having an ETP or other device, such industries must close down. (Para 5 )
(1) I.A. Nos. 1330 and 1365. After hearing the learned counsel for the parties, time for depositing the payment of the alternative plot of land is extended up to 31/3/2001. The effect of this would be that no cancellation will be effective or made on account of non-payment of money till 31/3/2001.
(2) IAS are allowed in the aforesaid terms. LA. No. 1366
(3) DISMISSED. Remaining matters
(4) WE have heard the learned counsel for the parties.
(5) MR. Venugopal will inform the Court on 5/2/2001 how long it will take for the Government in consultation with and collaboration of the Nodal Agency to see that the other units in the non-conforming area which fall in the category of those units which may cause pollution if the pollution control devices are not used can be closed. The time schedule will be given for the action which will be taken. In other words, irrespective of the fact whether such an industry has put up an ETP or other device but as long as such an industry is in non-conforming area or residential area that industry will have to close down.
(6) TO come up on 5/2/2001 at 2.00 P.M. I.A. No. ........ (filed by Laghu Udyog Bharati)
(7) TAKEN on board.
(8) ISSUE notice returnable after two weeks.
(9) DASTI service, in addition, is permitted.
