Case Note & Summary
The Supreme Court of India decided a public interest litigation initiated by M.C. Mehta concerning pollution and unplanned industrial growth in Delhi. The background involved the Master Plan for Delhi 1962 prepared under the Delhi Development Act, 1957, which recommended a statutory National Capital Region Planning Board; the National Capital Region Planning Board Act, 1985 came into force on February 11, 1985, and the National Capital Region Plan 2001 was published. The National Capital Region included the Union Territory of Delhi and parts of Haryana, Rajasthan and Uttar Pradesh. The Regional Plan identified three policy zones: Delhi UT, Delhi Metropolitan Area comprising ring towns Faridabad, Ballabgarh, Gurgaon, Bahadurgarh and Ghaziabad, and the rural area beyond DMA up to the NCR boundary. The prime objective was to contain Delhi's population size within manageable limits and moderate growth in surrounding areas by relocating economic activities to priority towns. The Master Plan for Delhi Perspective 2001 was approved under Section 11A(2) of the Delhi Development Act, 1957 and published in the Gazette of India on August 1, 1990. It provided that hazardous and noxious industrial units H(a) were not permitted in Delhi; existing H(a) units had to shift on priority within a maximum period of three years, with project reports submitted within one year. Heavy and large industrial units H(b) were also not permitted new; existing H(b) units had to shift to DMA and NCR. Delhi Administration was required to prepare a list of H(a) industries within the prescribed period. No action was taken; no H(a) industry submitted project reports within one year, and no list was prepared until Court directions. Delhi had recorded heavy population growth since 1951, was one of the most polluted cities in the world, and industries contributed about 30 per cent of air pollution and were prime contributors to effluent discharge into the Yamuna. The Supreme Court had been monitoring the matter since January 1995. On March 24, 1995, the Court directed the Central Pollution Control Board to issue individual notices to 8378 polluting industries operating in non-conforming areas, publish public notices in newspapers, and make announcements on Doordarshan and All India Radio; it also directed similar treatment for units in Annexures R-2, R-3 and R-4 and gave industries liberty to file objections. The legal issue was whether hazardous, noxious, heavy and large industries operating in Delhi were liable to be shifted or relocated to other towns in the NCR. Some heavy and large industries offered modernisation and conversion from polluting to non-polluting industries during arguments, but no material was provided. The Court held that H(a) industries were operating illegally in Delhi in utter violation of mandatory Master Plan provisions; they should have shifted by the end of 1993. Six years from August 1990 was more than a reasonable period for H(b) industries to shift. The Court rejected the modernization offers as simple ipse-dixit. It directed H(a) industries to stop operating and relocate to industrial estates in the NCR, and directed the Chief Secretary, Delhi Administration to hold an inquiry and fix responsibility of negligent officers. The Court reiterated earlier directions for notices and relocation of polluting industries.
Headnote
A) Environmental Law - Hazardous and Noxious Industries - Prohibition and Mandatory Relocation - Delhi Development Act, 1957, Section 11A(2); Master Plan for Delhi Perspective 2001 - Hazardous and noxious industrial units under H(a) were not permitted in Delhi and existing units were required to shift on priority within a maximum period of three years from August 1990; no H(a) industry submitted the required project report within one year; the Court held that H(a) industries were operating illegally in Delhi in utter violation of the Master Plan and directed them to stop operating and relocate to industrial estates in the NCR (Paras Not mentioned). B) Environmental Law - Heavy and Large Industries - Restriction on New Units and Reasonable Time for Shifting - Delhi Development Act, 1957, Section 11A(2); Master Plan for Delhi Perspective 2001 - No new heavy and large industrial units H(b) were permitted in Delhi and existing H(b) units were required to shift to Delhi Metropolitan Area and National Capital Region; in the absence of a prescribed period, shifting had to occur within a reasonable time and six years from August 1990 was more than reasonable; the Court rejected late offers for modernisation or conversion to non-polluting industries as simple ipse-dixit with no material (Paras Not mentioned). C) Administrative Law - Statutory Duty of Authorities - Enforcement of Master Plan - Delhi Development Act, 1957; Master Plan for Delhi Perspective 2001 - Delhi Administration was under a statutory obligation to prepare a list of hazardous and noxious industrial units for shifting within three years but no list was prepared until directed by the Court; the Court held that concerned officers were wholly remiss and negligent and directed the Chief Secretary, Delhi Administration to hold an inquiry and fix responsibility (Paras Not mentioned). D) Environmental Law - Pollution Control - Directions for Notices and Relocation of Polluting Industries - Delhi Development Act, 1957; Delhi Municipal Corporation Act, 1957; Factories Act, 1948 - The Court directed the Central Pollution Control Board to issue individual notices to 8378 polluting industries in non-conforming areas, publish public notices in newspapers, make announcements on Doordarshan and All India Radio, and treat units in Annexures R-2, R-3 and R-4 similarly; industries were required to stop functioning in Delhi and relocate elsewhere (Paras Not mentioned).
Issue of Consideration
Whether hazardous/noxious/heavy/large industries operating in Delhi are liable to be shifted/relocated to other towns in the NCR?
Final Decision
The Court held hazardous/noxious (H(a)) industries operating in Delhi illegally and directed them to stop operating and relocate to other industrial estates in NCR. It held existing heavy/large (H(b)) industries must shift within reasonable time, six years being more than sufficient; rejected modernization offers. It directed Chief Secretary, Delhi Administration to hold inquiry and fix responsibility of negligent officers. It continued monitoring and prior directions stand.
Law Points
- Hazardous and noxious industrial units not permitted in Delhi
- existing H(a) industries must shift on priority within maximum three years
- no new heavy and large industrial units H(b) permitted in Delhi
- existing H(b) units must shift to Delhi Metropolitan Area and National Capital Region within reasonable time
- six years from August 1990 more than reasonable for shifting
- offers for modernisation or conversion rejected as ipse-dixit
- Delhi Administration under statutory duty to prepare list of H(a) industries
- failure renders officers liable for inquiry
- polluting industries in non-conforming areas must stop functioning and relocate
