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1996 Supreme(SC) 2399
SUPREME COURT OF INDIA
Kuldip Singh and Saghir Ahmad, JJ.
M.C. Mehta - Petitioner
Versus
Union Of India (Uoi) And Ors. - Respondent
IA. No. 22 IN WP(C) No. 4677/1985
Decided On : 15-03-1996
The central legal point established in the judgment is the regulation of industries in a residential area and the enforcement of pollution control regulations by the authorities.
Headnote:
Environmental Law - Industrial Pollution - Regulation of Industries in Residential Area - Court directed Municipal Corporation of Delhi and Delhi Pollution Control Committee to provide information on industries operating in residential area and their compliance with pollution control regulations.
Fact of the Case:
The Central Pollution Control Board found that industries were operating in a primarily residential area with permission from the Municipal Corporation of Delhi. The Court directed the Municipal Corporation and the Delhi Pollution Control Committee to provide information on the industries operating in the area and their compliance with pollution control regulations.
Finding of the Court:
The Court found that industries were operating in a residential area with permission from the Municipal Corporation of Delhi, and directed the authorities to take action to stop the industries from operating in the residential area and to provide information on their compliance with pollution control regulations.
Issues: Regulation of industries in a residential area, compliance with pollution control regulations, and authority of the Municipal Corporation of Delhi and the Delhi Pollution Control Committee.
Ratio Decidendi: The Court's decision was influenced by the need to regulate industries operating in a residential area and ensure compliance with pollution control regulations, as well as the authority of the Municipal Corporation of Delhi and the Delhi Pollution Control Committee to grant permission and enforce regulations.
Final Decision: The Court directed the Municipal Corporation of Delhi to not renew any licenses for industries operating in the residential area without prior permission, and directed the Delhi Pollution Control Committee to issue notices to the industries to stop operating in the residential area and provide information on their compliance with pollution control regulations.
ORDER :
1. A news item has been placed on record by Mr. M.C. Mehta. Mr. Harish Salve appearing for Mr. Balli takes notice of this news item. He states that he would file his comments in the shape of an affidavit within one week from today. List on April 4, 1996.
2. This Court on February 9, 1996 passed the following order:
"While inspecting M/s. Vohra Electroplaters, the Central Pollution Control Board has found that similar industries were being run in various premises in the area which is primarily residential. It is stated that the industries are operating with the permission of the Municipal Corporation of Delhi.
Mr. Maheshwari, learned counsel present in the Court accepts notice on behalf of the Municipal Corporation of Delhi and shall file an affidavit in this Court within one week showing how and under what provision the Municipal Corporation of Delhi has permitted/granted licences to these industries to operate in the non-conforming/residential area. We further direct the MCD not to renew any licences which have expired or which are likely to be expired without the prior permission of this Court. The Municipal Corporation of Delhi shall file a list of all such industries operating in the area of Subhash Nagar. We further direct the Municipal Corporation to indicate as to whether any of the industries operating in Subhash Nagar area have obtained the consent of the Delhi Pollution Control Committee.
The Delhi Pollution Control Committee is directed to submit a complete list of the industries operating in Subhash Nagar area pointing out as to how many of them have installed the necessary pollution control devices. The report shall be filed by the Committee within two weeks.
3. Mr. S.S. Harrit, Additional Deputy Commissioner (Factories), Municipal Corporation of Delhi has filed an affidavit dated February 23, 1996. He has given a list of 178 industries of different type which are operating in the residential area of Subhash Nagar. We direct the Delhi Pollution Control Committee to issue notices to these industries to stop operating in the residential area within four weeks from the receipt of the notices. They may, if they so wish, separately or jointly show cause to this Court. To come up on April 19, 1996.
