(July 17, 2001) 2001 (TLS)125367

2001-ILRDLH-6-22

DELHI POLLUTION CONTROL COMMITTI Vs. Appellate authority

MUKUL MUDGAL

( 1 ) THIS writ petition challenges the Order dated 28th of august, 1998 passed by the Appellate Authority by which the order passed by the Delhi Pollution Control Committee (for short "the/dpcc dated 1. 5. 98, refusing consent to operate under Section 21 of the Air (Prevention and Control of pollution) Act, 1981 was set aside and the DPCC directed to decide the application afresh after undertaking an inspection of-the premises of respondent No. 2.

( 2 ) MR. Sanjiv Khanna, the learned counsel for the petitioner, DPCC has based his challenge mainly on the ground that the impugned order has lost sight of the fact that in accordance with the Master Plan only light and service industries activity can be carried on. The relevant provisions of the Delhi Master Plan, 1990 relied upon by him read as under;

"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 Regional keeping in view the National Capital regional 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 used for light and service industries, even if the land use according to the master Plan/zonal Development Plan is extensive industry. (d) Modernisation of heavy and large scale industrial units shall be permitted subject to the following conditions (i) It will reduce pollution and traffic congestion. (ii) whenever the unit is asked to shift according to the policies of the plan, no compensation shall be paid for assets attained because of modernisation. "the above clause mandates that no heavy and large industrial units are to be permitted in Delhi and in particular that the land becoming available on account of shifting of heavy and large industries could only be used for light and service industries even if the land used according to the master/zonal plan is extensive industry. The Learned Counsel for the petitioner has submitted that the above clause of the Master Plan read with the Order dated 4. 12. 1996 of the Hon ble Supreme Court reported in m. C. Mehta. vs Union,. of. . . India 1997 11 SCC 327 8 329 Para 3 clearly vitiates the impugned order. The said Para 3 of the Supreme Court Order dated 4. 12. 1996 reads as under:

"3. We see considerable force in the contention of the learned Additional solicitor General on the second point also. The existing hazardous industries having been closed, what remains is the plot, superstructure and the workmen, the occupants of the plots and the owners of the industries which have been closed down shall have to undertake fresh procedure for setting up of a new industry. Needless to say that no industry can be set up which is not permitted under the Master Plan. The procedure required for setting up of a new industry shall have to be followed in every case. we make it clear that Government permission and the consent from the pollution Control Board/committeee, if required under law, shall have to be obtained. Even fresh electric connection and water connection shall have to be applied for and obtained in the changed circumstances, we have no doubt when approached for necessary permission/licence/ water/electric connections the authorities, shall expedite in dealing with the applications".

( 3 ) MR. Sanjiv Khanna. the learned counsel for the petitioner, therefore, submitted that the existing industries (as per the above judgment)