(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 ke