IMPORTANT POINT
Commercial or industrial activities should not be allowed in residential areas.

JUDGMENT :

Madan B. Lokur, J.

1. Invaders have pillaged Delhi for hundreds of years, but for the last couple of decades it is being ravaged by its own citizens and officials governing the capital city – we refer to unauthorized constructions and misuse of residential premises for industrial and other commercial purposes. This Court has focussed on these illegal activities in several decisions and has issued directions from time to time to try and bring some sanity to urban living but to little or no effect. The applications before us, the chronology of events and the historical developments leading up to these applications has given cause to reflect and decide on some of these issues keeping our constitutional obligations in mind.

Decision of 7th May, 2004

2. Way back in the 1990s it was brought to the notice of this Court that a variety of illegal activities were being carried on in the capital city of Delhi with reference to industries established in residential or non-conforming areas as well as misuse of residential premises for other commercial purposes. On an application having been moved, this Court realized that those in authority and power were not at all keen to take steps to remove hazardous and noxious industries and heavy and large industries out of Delhi, prohibit or prevent the continuing illegalities or even otherwise stop the misuse of residential premises for a commercial purpose. Since the attitude of the powers that be raised an issue of mis-governance or non-governance affecting the well-being of the citizens of Delhi, this Court felt that it could no longer be a mute spectator to the whims and fancies of those in power and authority. It was also felt that it would be necessary to direct those in authority and power to implement the law for the sake of the citizens of Delhi. This Court faced a situation where there was little or no support to the rule of law by the concerned officials and today the citizens of Delhi are faced with and are witnessing, among other issues, outrageous levels of pollution in Delhi entirely due to the lack of concern for the rule of law – the citizens of Delhi are paying a heavy price with hopelessly polluted air to breathe and consequent damage to their lungs, respiratory problems and possible damage to the brain of infants and children.

3. M.C. Mehta, an environmental activist, had already moved this Court with an application to find a remedy for the air pollution in Delhi in a pending writ petition. Although he sought several reliefs, this Court first concentrated on use of residential areas for industrial purposes and later, the misuse of residential premises for other commercial activities. For the present, we are concerned with the misuse of residential premises for other commercial activities. These issues first arose when preliminary orders were passed by this Court on his application on 30th September, 2002 and 19th August, 2003. Thereafter, this Court addressed the issue of residential areas being used for industrial purposes by a judgment and order dated 7th May, 2004 in M.C. Mehta v. Union of India. (2004) 6 SCC 588

4. A reading of the judgment and order dated 7th May, 2004 makes it apparent that this Court expected all those concerned with governance of Delhi to adhere to the rule of law and ensure its implementation. Unfortunately, this Court was anguished by events that demonstrated that the trust reposed was belied in terms of action for implementation of the law and that industrial activity continued in areas despite the Master Plan for Delhi, meaning thereby that impermissible industrial activity continued in residential areas in Delhi.

5. This Court also noted that no dispute was raised by the Government of India or the Delhi Government or by any statutory authority that unauthorised and illegal industrial activity had commenced and continued in Delhi in blatant breach of the provisions of the Master Plan and no action, or ineffective action, had been taken by the co