JUDGMENT

K.G. Balakrishnan, CJI. —

In the city of Delhi, there were several hazardous and noxious industries, as also several large and heavy industries, causing extensive pollution. The Master Plan for Delhi - Perspective 2001, which was published in the Gazette of India on 01.08.1990, did not permit any of these industries to operate in Delhi. In a Public Interest Litigation i.e. M.C. Mehta v. Union of India & Others, [IA No.22 in W.P. (C) No. 4677/1985] the question of shifting these polluting industries from Delhi and relocating them outside the city of Delhi and other related issues were considered and a series of orders were passed regarding shifting and relocating the industries. The polluting industries were notified through individual notices, public notices in newspapers and electronic media. This Court monitored the matter from January, 1995 and all stake holders, including Union of India, Delhi Administration, Central Pollution Control Board, National Capital Region Planning Board, Delhi Development Authority, and the polluting industries were heard/consulted during several hearings. The Delhi Development Authority [for short “DDA”] was also directed to frame suitable schemes regarding the utilization of land which would become available after the relocation of the hazardous/noxious/heavy/large industries from Delhi. DDA constituted a Committee with Mr. K.J. Alphons, Commissioner, Land Management, DDA, as Chairman for this purpose. The said Committee examined the question regarding the utilization of land made available as a result of the re-location/ shifting of the industries and submitted detailed proposals. Views of other experts were also considered.

2. After hearing the parties including the affected industries, ultimately an order was passed on 10.05.1996 (reported in,1 1996 (4) SCC 351) relevant portions of which are extracted below:

“6. We have given our thoughtful consideration to the point at issue before us. We have had elaborate discussion with the learned counsel representing various industries which are to be relocated/shifted. The basic charter for the land use in the city of Delhi is the Master Plan. The provisions of the Master Plan are statutory and binding. The relevant provisions regarding hazardous/noxious/heavy/large industries under the Master Plan are as under:

“HAZARDOUS AND NOXIOUS INDUSTRIES

Refer Annexure III H(a).

(a) The hazardous and noxious industrial units are not permitted in Delhi.

(b) The existing industrial units of this type shall be shifted on priority within a maximum time-period of three years. Project report to effectuate shifting shall be prepared by the units concerned and submitted to the authority within a maximum period of one year.

(c) The land which would become available on account of shifting as administered in (b) above, would be used for making up the deficiency, as per the needs of the community; based on norms given in Master Plan; if any land or part of land, so vacated is not needed for the deficiency of the community services, it will be used as per prescribed land use; however the land shall be used for light and service industries, even if the land use according to the Master Plan/Zonal Development Plan is extensive industry.

(d) * * *

HEAVY AND LARGE INDUSTRIES Refer Annexure III H(b)

(a) No new heavy and large industrial units shall be permitted in Delhi.

(b) The existing heavy and large-scale industrial units shall shift to Delhi Metropolitan Area and the National Capital region keeping in view the National Capital Region Plan and National Industrial Policy of the Government of India.

(c) The land which would become available on account of shifting as administered in (b) above, would be used for making up the deficiency, as per the needs of the community; based on norms given in the Master Plan; if any land or part of land so vacated is not needed for the deficiency of the community services, it will be used as per prescribed land use; however the land shall be