Mehta Vs. Union of India & Ors  INSC 763
(8 July 1996)
Singh (J) Kuldip Singh (J) Faizan Uddin (J)
1996 SCC (4) 750 JT 1996 (6) 129 1996 SCALE (5)21
O R D
Master Plan for Delhi 1962 (MPD-62) was prepared and
enforced under the Delhi Development Act, 1957 (the Act). At that point of time
it was realised that the solution of the impending problems of the National
Capital could only be found in regional context and as such the MPD - 62
recommended that a statutory National Capital Region Planning Board should be
set up for ensuring balanced and harmonised development of the region. The
National Capital Region Planning Board Act, 1985 (Capital Region Act) came into
force on February 11,
1985. The National Capital
Region Plan - 2001 (the Regional Plan) was published as a statutory document.
In the words of the then chairperson, National Capital Region Planning Board,
the purpose sought to be achieved by the Regional Plan was as under:
two important goals to be achieved by the Regional Plan are a balanced and
harmoniously developed region, leading to dispersal of economic activities and
immigrants to Delhi, thereby leading to a manageable Delhi. This is to be achieved by the
progressive deconcentration of population and economic activities in the Region
and their judicial dispersal to various priority towns as identified in the
Plan. The Plan, is a framework of policies relating to population distribution,
settlement system, transport and communications, physical and social
infrastructure, regional land use, environment and eco-development, management
structure for Plan implementation and counter magnet areas for development. The
focus of the Plan is Delhi whose extra- ordinary growth has
put great pressure on its essential services and civic facilities. It is
expected that a vigorous implementation of the policies contained in the Plan
would help maintain the quality of life of our National Capital." The
National Capital Region constituted under the Capital Region Act includes the
union territory of Delhi and parts of the States of Haryana, Rajasthan and Uttar
Pradesh. Under the Regional Plan, three policy zones have been identified.
from union territory Delhi (Delhi) the "ring towns" namely, Faridabad, Ballabgarh, Gurgaon, Bahadurgarh
and Ghaziabad came to be known as Delhi
Metropolitan Area (DMA) with Delhi as the
core. The Delhi and the DMA are identified as two
distinct zones. The area beyond the DMA upto the National Capital Region (NCR)
boundary which is predominantly rural stands out as the third zone distinctly
different from the other two. It would be useful to quote the relevant part of para
2.1 of the Regional Plan:
prime objective of the Regional Plan is to contain Delhi's population size within manageable
limits at least by the turn of the Century. As a strategy, after evaluating
various alternative scenarios for development, it has been realised and recognised
that, in order to save Delhi from population explosion, it is
necessary to moderate the growth in the areas around it..............
preliminary studies clearly concluded that economic activities with potential
for large scale employment should necessarily be located outside the DMA,
preferably at a distance which discourages daily interaction with Delhi. Thus, on the basis of these
criteria, the zones which came out distinctly are Delhi UT, the DMA excluding
Delhi UT and, the area beyond DMA within NCR, for effective application of the
policies and implementation of proposals with a view to achieve a manageable
Delhi and an harmoniously developed Region." Delhi is recording heavy population
growth since 1951. As the city grows, its problems of land, housing,
transportation and management of essential infrastructure like water supply and
sewage have become more acute. Delhi is one
of the most polluted cities in the world. The quality of ambient air is so
hazardous that lung and respiratory diseases are on the increase. The city has
become a vast and unmanageable conglomeration of commercial, industrial, unauthorised
colonies, resettlement colonies and unplanned housing. There is total lack of
open spaces and green areas.
beautiful city, Delhi now presents a chaotic picture.
only way to relieve the capital city from the huge additional burden and pressures,
is to deconcentrate the population, industries and economic activities in the
city and relocate the same in various priority towns in the NCR.
Master Plan for Delhi-perspective 2001 (the Master Plan) as approved by the Central
Government under Section 11A(2) of the Act was published in the Gazette of
India on August 1, 1990 The question for consideration, before us, is whether
the hazardous/noxious/heavy/large industries operating in Delhi are liable to
be shifted/relocated to other towns in the NCR? The relevant part of the Master
Plan is as under:
AND NOXIOUS INDUSTRIES Refer Annexure III H (a).
hazardous- and noxious industrial units are not permitted in Delhi.
existing industrial units of this type shall be shifted on priority within a
maximum time period of three years. Protect report to effectuate shifting shall
be prepared by the concerned units and submitted to the Authority within a
maximum period of one year.(c)...........................
Action shall be taken by Delhi Administration lo prepare a list of individual
noxious and hazardous industrial units to be shifted and depending on the
pollution/hazard, administration may force these industrial units to shift
within a maximum prescribed period of three years.
AND LARGE INDUSTRIES Refer Annexure III H (b) a) No new heavy and large
industrial units shall be permitted in Delhi.
existing heavy and large scale industrial units shall shift to Delhi
Metropolitan Area and the National Capital Region keeping in view the National
Capital Region plan and National Industrial Policy of the Govt. of India.
of heavy and large scale industrial units shall be permitted subject to the
will reduce pollution and traffic congestion.
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.
thus obvious that under the mandatory provisions of the Master Plan the
hazardous and noxious industrial units [H(a) industries] are not permitted to
operate in Delhi. So far as the existing H(a) industries are concerned, they
were required to be shifted within a maximum prescribed period of three years.
The Master Plan came into force in August, 1990 H(a) industries should have
been shifted by the end of 1993. It is unfortunate that no action in this
respect was taken by the authorities concerned. The industries were required to
prepare and submit the project reports to effectuate shifting. This was to be
done within one year of the coming into force of the Master Plan. None of the H(a)
industries submitted the required project reports within the statutory period
of one year. We have no hesitation in holding that the H(a) industries are
operating in Delhi illegally and in utter violation of
the mandatory provisions of the Master Plan. Delhi Administration was under a
statutory obligation to prepare a list of H(a) industries. No such list was
prepared within the statutory period of three years. It was only under the
directions of this Court that the necessary lists were prepared.
is no doubt that the H(a) industries have been operating in Delhi illegally during the last about three
years. They must stop operating in Delhi and relocated themselves to some other
industrial estate in the NCR. We are further of the view that the concerned
officers of the Delhi Administration are equally responsible for continuous
illegal operation of the H(a) industries in the city of Delhi. The Chief
Secretary, Delhi Administration shall hold an inquiry and fix the
responsibility of the officers/officials who have been wholly re-miss and
negligent in the performance of the statutory duties entrusted to them under
the Master Plan.
Master Plan provides that "no new heavy and large industrial units shall
be permitted in Delhi". Heavy and large industries have been categorised
as H(b) under the Master Plan. It is further provided that the existing H(b)
industries shall shift to DMA and the NCR keeping in view the Regional Plan and
the National Industrial Policy of the Government of India. Although no period
has been prescribed or the shifting of these industries but in the absence of
any such provision the shifting has to be done within a reasonable time. Period
of six years from August 1990 when the Master Plan came into force, is more
than reasonable period for these industries to shift from Delhi. Some of these
industries have, during the course of arguments, offered for modernisation and
also for conversion from polluting to non-polluting industries. The offers are
simple ipse-dixit with no material. We are not impressed by the offers made by
these industries at this late stage. They should have modernised or changed the
process of manufacture during the six years they have been operating in
violation of the Master Plan. We, therefore, reject these offers.
be mentioned that H(a) and H(b) type of industries have been indicated in
Annexure III to the Master Plan.
Court has been monitoring this matter since January, 1995. On March 24, 1995
this Court took notice of the growing pollution in Delhi in the following
very grim picture emerges regarding increase of pollution in the city of Delhi
from the two affidavits filed by Sh D S Negi, Secretary (Environment) Govt . of
Delhi. He has pointed out that the population or Delhi which was about 17 lakhs
in 1951 has gone up to more 95 as per the 1991 census. In fact, more than 4 lakh
people are being added to the population of Delhi every year out of which about
3 lakh are migrants. Delhi has been categorised as the fourth
most polluted city in the would with respect to concentration of Suspend
Particulate matter (SPM) in the ambient atmosphere as per World Health Organisation
annual report (1991) it is obvious that the major contribution, so far as air
pollution is concerned, is of the vehicular traffic but the industries in the
city are also contributing about 30% of the air pollution. So far as the
discharge of effluent in Yamuna is concerned, the industries are the prime
contributors apart form the MCD and NDMC which are also discharging swage
directly into river Yamuna.
same day this Court directed the Central Pollution Control Board to issue
notices to the industries in the following words:
direct the Central Pollution Control Bard (hereinafter referred to as 'the
Board") through its Member Secretary to issue individual notices to all
these 8378 industries indicating therein the fact that they are polluting
industries and are operating in non-conforming areas in violation of the Delhi
Master Plan formulated under the Delhi Development Authority Act, 1957, Delhi
Municipal Corporation Act, 1957 and the Factories Act, 1948. The first Master
Plan for Delhi was formulated'in 1962 and the
second Master Plan called the MPD 2001 came into force on August 1, 1990.
to say that Master Plan provides setting up of industries only in conforming
areas i.e. the industrial areas earmarked for that purpose. The individual
notices shall also indicate that these industries have to stop functioning in
the city of Delhi and be re-located elsewhere. It may
also be stated in the notices that if for the purposes of relocation the
industries require any help from any Government Department/Agency, they may
file their objections in that respect before the Secretary, Environment, Delhi
individual notices shall be issued by the Board to all these industries before April 30, 1995.
from individual notices a public notice in this respect in two English dailies
and two vernacular dailies shall also be published in the third week of April,
1995. We further direct the Doordarshan and All India Radio to make announcement
in this respect on three consecutive days in the last week of April, 1995. Mr. Altaf
Ahmad, learned Additional Solicitor General has agreed to give the language of
the notice which is to be announced by the Doordarshan and All India Radio.
R-2 to the additional affidavit contains a list of 256 hazardous and noxious
units which are operating in conforming areas.
the industries listed in Annexure R-3 and R-4 are also air polluting and water
polluting industries. According to the Master Plan and the provisions of law
mentioned above these industries have also to be re-located. We direct the
Member Secretary, Central Pollution Control Board and other authorities to
treat these units similarly as the 8378 units which are to be dealt with and
similarly notices to these units shall also be issued.
industries concerned, within 15 days, from the receipt of the notices shall
file their objections, if any, before the Secretary Environment, Delhi
Administration We further give liberty to the industries concerned to approach
this Court, if they deem it necessary for any assistance for the purposes of
re- location." It is thus obvious that as back as March/April, 1995 the
polluting industries in Delhi were approached through individual
notices, public notices in the newspapers, through Doordarshan and All India
Radio and were asked to relocate themselves. This Court offered all assistance
to the industries in the-process of re- location There was no response at all
from the industries.
Court on May 8, 1995 gave further time to those
industries who had not filed objections till that date. On May 10, 1995 this Court directed the Secretary,
Urban Development Department, Government of India to indicate by way of an
affidavit as to which of the industrial estates in NCR are available for relocation,
This Court passed the following order:
M.C. Mehta, the petitioner states that under the National Capital Region Act,
1985, a Board called National Capital Region Planning board has been constituted.
The Union Minister for Urban Development is the Chairman of the Board, It is
further stated that under the Regional Master Plan 2001 prepared under the
National Capital Region Planning Board Act, 1985, the industrial areas have
been earmarked in various regions.
in the process of dealing with 9000 odd industries operating in the non-
conforming areas of Delhi. May be that some of the industries
have to be re-located.
request Smt. Sheela Kaul, the Union Minister for Urban Development to file an
affidavit in this Court through the Secretary of the Department indicating as
to which are the industrial areas available for re-locating the industries from
Delhi. This may be done within six weeks from the receipt of the order. The
Registry is directed to send a copy of this order to the Urban Development
Ministry as well as to the Secretary of the Ministry." Pursuant to the
order dated May 10, 1995 (quoted above) Secretary, Department of Urban
Development Government of India filed in this Court details of the vacant
industrial areas in the industrial estates at Ghaziabad, Noida, New Noida, Bullandshahr,
Meerut, Rajasthan subdivision and Haryana. This Court by the order dated August 3, 1995 directed the Delhi Administration
and the Central Pollution Control Board to display the details of the
industrial estates where industrial plots were available for relocation in
their respective offices. The Central Pollution Control Board was directed to
publish a notice in two daily newspapers bringing it to the notice of the
industries that industrial plots in various industrial estates were available
for relocation- It was also directed that necessary assistance shall be
rendered to all those industries who wish to relocate themselves. It is
unfortunate that despite several notices by this Court only three industries
offered to relocate themselves. This Court on August 25, 1995 directed that the H category industries be dealt with
immediately for the purpose of relocation- This Court passed a detailed order
in the following terms:
to this Court's order dated March 24, 1995,
May 8,1995, may 10, 1995 and 3rd August, 1995, affidavits have been filed, as
directed by us in these orders. Mr. D.S. Negi Development Commissioner-
cum-Secretary (Envt), Government of India has filed an affidavit dated August 23, 1995. It is stated in the affidavit that
out of 9164 industries, 2224 have filed objections. 1557 industries are
operating in non -conforming use Zones. it is further stated that out of these,
170 industries falling under 'H' category (Highly Polluting) need to be
re-located out of the National Capital Territory of Delhi, as per the
provisions of Master Plan 2001. It is further stated that 1387 industries which
belong to Groups F, G, D, C, E and B also require re location within the
National Capital Territory of Delhi in conforming use zones in a phased manner
as stipulated in the Master Plan 2001.
has also invited out attention to the fact that some of the Federations
representing the industries which did not file objections, have approached the
Chief Minister of Delhi, requesting him to request this Court to give one more
opportunity to these industries to file their objections to the notices which
were issued and served on these industries pursuant to this Courts order. As
suggested by Mr. Altaf Ahmed, Additional Solicitor General, we direct that the
industries which have not filed objections till at may do so within 3 weeks
from today........ Mr. Negi has also stated in the affidavit that during the
last two decades the city of Delhi has
witnessed tremendous changes in the industrial profile, and as a result, as at
present, it is estimated that there are 93,000 industries which are operating
in Delhi and majority of these industries
are in non-conforming use zones. The copies of the volumes containing
objections of various industries have been given to Mr. Mehta & Mr. Ranjit
Kumar, learned counsel appearing in these matters.
S.P. Chakrabarti, Member Secretary of the Central Pollution Control board has
also filed affidavit dated August 25, 1995.
It is stated that the Board has published a public notice inviting all
industries operating in non- conforming use zones in the territory of Delhi, to give their options to shift to the available industrial
plots in the industrial estates of Ghaziabad, Bulandshahar, Meerut, Rajasthan Sub-division and Haryana.
Copies of public notice have been annexed along with the affidavit. It may be
mentioned that prior to the notice, individual notices were issued and served
upon all the industries, Mr Panjwani, learned counsel appearing for the Central
Pollution Control Board has informed us that there is very poor response to the
public notice in the sense that only three industrialists out of the 9164 have
come forward to seek assistance for the purpose of re-location.
Ahmed, Additional Solicitor General, Mr. M.C. Mehta & Mr. Ranjit Kumar,
learned counsel state that they will examine the material placed on the record
by the Delhi Administration today and thereafter come with positive suggestion
as to how this problem is to be tackled. This may be done within two weeks. To
be listed on September
14, 1995, at 2.00 p.m.
are, however, of the view that the industries which come in 'H' category are to
be dealt with immediately. According to Mr. Negi, the details of such
industries shown in the report consisting of four volumes, submitted by the
Delhi Pollution Control Committee.
direct the Delhi Pollution Control Committee to serve notices to industries
('H' category industries), within two weeks from today, indicating that these
industries shall have to be relocated. They be told in the notice to give their
requirements regarding plot-area etc. to the Committee. The industries may
further indicate any other assistance they require from any of the authorities
for the purpose of re-location. the industries shall give their response to the
notice within two weeks of the receipt of the notice. The Committee shall
thereafter examine the requirement of each of the industries and submit a
report to this Court four weeks thereafter. We make it clear that so far 'H'
category industries are concerned there is no alternative but to relocate them
outside Delhi. We reiterate that all these
industries shall be provided with proper assistance by the Delhi Administration
and all other Governments/Governmental Authorities. in the process of re-
as 'H' category industries are concerned, the matter to come up on 3rd November, 1995. The said industries shall be heard
end final order passed." By various orders passed and notices issued by
this Court from time to time, the 'H' category and polluting industries in
Delhi were told in clear terms that they cannot operate in the city and they
must relocate to other industrial estates in the NCR. These industries were
repeatedly offered all assistance and incentives in the process of relocation.
on September 22, 1995 this Court passed the following order:
are of the view that to control pollution in the town of Delhi is the sole
responsibility of the Delhi Pollution Control Committee.
high time that the Committee should realise its responsibility.
all assisting the Committee to perform the job which has been entrusted to it
under the law. The Committee may adopt any method to complete the necessary
survey and place before this Court a complete list of hazardous industries
within six weeks from today. Meanwhile, the Delhi Pollution Control Committee
has placed before this Court additional list of 341 industries, which according
to the Committee can be categorised as 'H' industries We direct the Committee
to issue individual notices to all these industries in similar terms as
directed by this Court in the order dated August 25 95. This shall be done
within 10 days from today.
matter to come up on 3rd November, 1995 for further directions. We make it
clear that all the 'H' category industries to whom notices have been issued
will have liberty to address this Court on November 3, 1995." On November
15, 1995 the Delhi Pollution Control Committee (Committee) filed a list of the
industries which were categorised as H(a) and H(b). For from agreeing to
relocate, the industries even challenged the categorisation done by the
Committee. They wanted further opportunity in the matter. This Court passed the
Altaf Ahmad, learned Additional Solicitor General has invited our attention to
the three compilations filed by him in this matter. He has filed a compilation
dated November 3, 1995 consisting of 708 hazardous/noxious
/heavy, and large industries in the city of Delhi. Apart from that there are 341 industries of similar category listed in
the compilation dated September
25, 1995. In the third
compilation (green colour) dated August 23, 1995, 171 industries of the same category are listed. There are,
thus, 1220 hazardous/noxious/heavy and large industries as listed in this
compilations. Mr.P.N.Leklli Mr.H.N.Salve and various other learned counsel have
raised an objection that the industries they represent do not come within the
category of hazardous/noxious/heavy and large industries. We, therefore, give
liberty to the industries who wish to represent against their tentative categorisation
to file objections before the Central Pollution Control Board (Board) within
one week from today. The Board shall further indicate as to which of the
industries are "H"(a) and 'H'(b) categories as defined in the Master
Plan 2001. Mr.Lekhi has suggested that since the expertise to find out whether
an industry is in conforming or non conforming area is with the DDA it would be
better that an officer of the DDA should be associated with the Board for this
purpose. We agree with the suggestion and request Mr.P C Jain Additional
Commissioner of Planning, DDA to associate with the Central Pollution Control
Board as a specialist to indicate whether an industry is in the conforming or
non-conforming area. He shall associate with the Central Pollution Control
Board from November 17,
1995. We further make
it clear that if necessary the board may hear the industry and in case it is
further necessary an officer or official of the Board may visit the industry
for on the spot verification, we make it clear that the categorisation made by
the Board shall be final subject to modification by this Court.
Nariman, learned senior counsel appearing for M/s Birla Textiles & M/s. Shriram
Industrial Enterprises Ltd. along with Mr.Ramji Srinivasan, learned counsel
appearing for M/s, DCM Silk Mills and M/s. Swatantra Bharat Mills state that
the industries are willing to relocate themselves. So far as M/s, Birla
Textiles are concerned, it is stated that the alternate land has already been
identified in the State of Himachal Pradesh and the industry is willing to
shift within a reasonable time. These industries may file their relocation
schemes by placing a short note before this Court by next Tuesday. The scheme
filed by these industries shall indicate the manner in which they are going to
deal with the workmen and their consequent problems, Mr.Altaf Ahmad states that
he would give his response to the relocation schemes within three days
thereafter. We request Mr. Altaf Ahmad to further seek instructions from the Delhi administration regarding
possibility of extending various concessions to those industries which are to
be relocated." On November 30, 1995 Mr. Omesh Saigai, Member Secretary,
National Capital Regional Planning Board was present in Court. He placed on
record a note regarding the relocating of industries. He stated that the Board
has at its disposal 5000 acres of land in various parts of the NCR.
Board is in the process of acquiring three hundred thousand acres of land in
addition. According to him the Board has enough industrial plots to offer to
the industries which are to be relocated from Delhi. He offered plots even up to
100 acres or more for heavy and large industries.
note dated December 1, 1995 placed on record by Mr. Saigal indicates the NCR
policy measures regarding dispersal of industries and further implementation of
the said policy.
salient features of the note are as under:
of NCR policy measures regarding dispersal of industries:
involves a number of steps:
alternate sites available to the industries for relocation.
broad recommendations of the Planning Committee were as as under:
locating the industries at new sites:
the industries were non polluting, they could be accommodated in the regular
planned industrial areas/Estates/Zones already developed or being developed in
the NCR by the concerned authorities of the respective States.
case of industries currently listed as polluting/ hazardous.
these industries are set up at their new location and they improve their
technology and if they no longer remain polluting and hazardous, they can be
located in regular planned industrial areas.
such industries continue to remain polluting, special industrial zones could be
created so that they do not adversely affect the living environment in the
vicinity and such industrial zones to have special infrastructure facilities to
take care of the pollutants and provide protective belts around them to
mitigate the effect of polluting effluents, smoke, gasses, noise etc., and any
accidental release thereof.
land will be allocated to the shifting units on priority and at pre-determined
rates, taking into consideration their future needs for expansion and modernisation.
heavy industries requiring large sites, additional land may be acquired where
Upon their relocation, the units will be treated as new units and provided all
facilities as per industrial policy of the State.
Additional back up facilities such as employee housing etc. may be provided
NCR planning Board can provide loan assistance to the State Government/their
agencies for creation and development of such industrial area.
restrictions which may be imposed by Delhi Finance Corporation on the units who
have taken loan from them.
State Finance corporations where the units are going to be relocated to take
the loan responsibility of the shifting units financed by DFC, for which an
agreement/MOU to be reached between Delhi and these State Financing
Corporations with the concurrence of the appropriate re-financing appex bodies.
For financing the creation of new assets for the shifted units, the State
Finance Corporations to take responsibility as per the existing practice invogue.
Permission required under the Industrial Dispute Act from the State Government,
Department of Labour and Employment.
Department of Labour and Employment GNCT-Delhi to sort out the problems with
regards to the existing labour in these industries.
Problems relating to shifting of labour to the new relocated sites outside
Delhi in the NCR.
above proposals are to be made applicable to those units which locate
themselves in the NCR itself, se that in their relocated position, they
generate economic activities in the priority towns of NCR to provide employment
opportunities for the deflected population. To ensure this we must dovetail
them with the plan of shifting.
the NCR towns are within the Commuting range of Delhi and each other, the labour
can either shift to the new sites or at least can keep commuting till they
to the new place. If the industries are taken too far away outside the region,
they will neither help in the development of the region nor be able to help in
the shifting of the labour force to the new site.
Setting up of a single window to facilitate relocation of industries.
matter was discussed in the Parliamentary Consultative Committee attached to
the Ministry of U.A. & E. held on 22.08.95 and the following decision was
order to facilitate shifting of industries from Delhi, it is necessary that a
unified single agency be formed consisting of all the participating States to
act as a nodal agency to sort out all the problems of such industries ranging
from the use of their vacated land to their establishment at new sites".
would be useful at this stage to quote the provisions of the Master Plan under
which the shifting industries are entitled to suitable incentives.
allocating new industrial plots, which have been recommended for shifting will
be given priority by the Authority by offering plots to the industrial units
prior to shifting.
Suitable incentives would be provided to the shifting of industries.
Ad hoc licencing to industrial units shall be discontinued." There is on record
an affidavit filed by Mr. C.D.
on behalf of Department of Urban Development, Ministry of Urban Affairs and
Employment, Government of India giving following details of vacant industrial
areas in the NCR:
of Vacant Industrial Areas ------------------------------------------------------------
U.P. Sub Region No.of plots Area vacant (In acres)
------------------------------------------------------------ GHAZIABAD ----------
Mandi 83 5.39
Road Site-II 43
Road Site-III 25
Sahibabad Site-IV 64 40.74
Nagar 1 0.59 Sector - 17.
Kunj 56 13.82
Greater Noida 30 200.00
UPSIDC (Greater 563 155.80 Noida)
Phase-II + 37 29.70 Extn.
Phase-III 18 5.00 BULANDSHAR ----------
325 250.06 14 Gopalpur 129 29.63 15 Khurja 4 0.79 MEERUT ------
16. Meerut Mahanagar . 3287.97 RAJASTHAN SUB -
REGION ---------------------- 1 Matsya Industrial Area, Alwar 33 33.10 2 Bhiwadi
2 0.44 3 Neemrana 30 268.00 4 Behror 1 0.12 In addition, land for industrial
use is under acquisition in the following areas.
Location Land under acquisition (acres)
Industrial Area, 485.00 Alwar.
11.77 6 Sotanala 153.65 ---------- Total area under acquisition: 3095.66
---------- The material placed before this Court clearly shows that large number
of plots are available in various industrial; estates in the NCR. Some of the
industrial estates are in the MPA. H(a) and H(b) industries can have no
difficulty in selecting a suitable plot for relocation.
allotment of the plots shall be made on proprity basis.
have no doubt that reasonable incentives, which are normally provided to new
industries in new industrial estates, shall be extended to the shifting
industries. This Court by the order dated May 10, 1996 in I.A.22 (W.P.(Civil)
4677 of 1985) has already directed and laid down the manner in which the land which
would become available on account of shifting of H(a) and H(b) industries is to
be used. In view of the huge increase of prices of land in Delhi, the reuse of
the vacant land is bound to bring lot of money which can meet the cost of
as categorising is concerned, this Court has given repeated opportunities to
the industries to place their case before various authorities. In the first
instance the Committee prepared list of H(a) and H(b) categories after
affording full opportunity to the industries.
this Court by the order dated December 13, 1995 permitted the industries to
file further objections before the Central Pollution Control Board (the Board)
regarding categorisation. Even after the Board finally decided the categorisation
the industries were not satisfied. This Court gave further opportunity by the
counsel appearing for some of the industries which have been categorised as
hazardous have contended that the industries have been wrongly categorised as
'H'. It is also stated that similar industries have been left out of the said categorisation.
states that he along with technical team shall hear the objections personally
and submit a note to this Court. Mr. P N Lekhi states that he would make the
High Court Bar Association Committee Room available for the purpose. The
lawyers may meet Mr.Panjwani at 4,30 PM on Monday, the 29th January, 1996 in
the Committee room of Delhi High Court bar Association Committee room."
The above exercise was completed and a final list of H(a) and H(b) industries
was placed before this Court.
of the view that despite the best efforts of, the Committee and the Board, it
may not have been possible to identify all the H(a) and H(b) industries in
Delhi. We shall continue to identify and relocate them.
Court has given several opportunities to the identified H(a) and H(b)
industries to represent and file objections against their categorisation. The
industries which are being finally dealt with by us have been heard more than
once and after thorough investigation and scrutiny they have been categorised
as H(a) and H(b).
Board issued notices to 9164 industries in Delhi to show cause why they be not
directed to shift from Delhi. In response to the notices 2225 objections were
filed before the Committee. After considering the objections and affording
opportunity of hearing, 171 units were categorised as 'H' industries under the
Master Plan. Subsequently, under the orders of this Court 24 more industries
were permitted to file their objections and out of which six were declared as
'H' industries. 341 more industries were identified by the Committee as 'H'
industries. Yet another 708 industries were identified as 'H' category by the
Committee. It is thus obvious that 1226 (171+6+341+708) industries were
identified as 'H' category industries.
directions of this Court, a public notice mentioning all the 1226 industries
was published in the Indian Express, Jansatta, Nav Bharat Times and Times of
India dated 19th, 20th and 21st of November, 1995. Although most of the
industries had earlier been given individual notices and were heard but despite
that in the interest of justice fresh notice by publication was given to all
the 1226 industries.
171 industries (part of 1226 industries) which were identified as 'H' category
industries, 59 did not file further objections in response to the public
notice. They were earlier heard by the Committee and after full investigation
were categorised as 'H' industries. These 59 industries, in terms accepted
their categorisation as 'H' industries.
response to the public notice 433 objections were received (10 objections were
duplicate). The objections were considered and the industries were heard by the
the Board identified 104 units as 'H' category industries.
Board considered objections of the following five industries which are
operating in non-conforming areas and came to the conclusion that they were 'H'
Singh Hari Singh 31/1A, Street No.2, Anand Parbat Industrial Area New Delhi-5
(2)Bansal Plywood Industry (P) Ltd.
37, Small Scale Cooperative Industrial
Estate Ltd. G.T. Karnal Road, Delhi-33.
Industries 150, G-1, Opp. Police Station. Rest House, Badarpur, New Delhi-44.
Rubber Industries 299, Gokulpur, Delhi-94.
Rubber Industries, 626-627, Loni Road, East
Gokulpur, Delhi-94 "
be mentioned that Vikas Rubber Oils and Chemical, Mundka, Delhi-41, C R
Leather, Resalgarden, Nangloi, Delhi and Varun Dychem,- 309, Naya Katra, Chandni
Chowk, Delhi are the three industrial units which were not included in the list
of 1226 industries and as such were not given public notice These industries,
however, filed objections before the Board in response to individual notices
which were considered by the Board and they were categorised as 'H' industries,
These are included in the list of 104 finalised by the Board.
picture which emerges is that 104 units identified by the Board, 59 units earlier
identified by the Committee and 5 units Which are operating in non-conforming
areas totaling 168 (104+59+5) - have been, as at present, categorised as 'H'
therefore, hold that 168 industries listed below are hazardous/noxious/heavy/large
industries and fall in H(a) and H(b) categories under the Master Plan:-
Krishna Chemicals, 3481, Gali No 1, Narang Colony, Tri Nagar, Delhi-35
Delhi Stone Crushing Co. Rajokari. N.D.-38 3. New Kalkaji Stone Crushing,
K.No.1229, Rajokari, N.D.-38.
T.R. Sethi & Sons, Rajokari, N.D-38.
Stone Crushing Co. 1234/9, Rajokari, N.D-38.
Stone Crushing Co. K.No.1249, Rajokari, N.D-38
Lucky Stone Enterprises, Plot No.1, Luthra Forms, Rajokari, N.D-38.
Stone Crushing Co, K.No.1620, V.P.Rajokari N.D.-38.
& Co, K.No.1237, Rajokari, N.G-38.
Grit Udyog, K.No.1249, Rajokarls N.D.-38.
& Co., K.No.1238, Rajokari, N.D.-38.
Stone, Rajokari, N.D-38.
Stone Crushing Co., K.No.1161 1162, V & PO. Rajokari,
Stone Co, K.No.1234/8, Rajokari, N.D-38 15. Asha Stone Crushing Co.K.No.1251,
Paints, Shahabad Daulatpur, Delhi-42.
Plotteries & Refractories, P.O.Gurgaon Road, N.D.-37.
Ceramic Ind., P.O.Gurgaon Road, Nangal Dairy, N.Delhi-110 037.
Delhi Colour of Chemical Inds.,466/6, Aggarwal Gali, Pandara Road, Mahabir
Block, Shahadra, Delhi-32.
Gupta, Alipur Garh, Narela Road, N.D.-36.
Stone Crushing Co.,Rajokari, N.D.-38.
Century Colour Inds, 29, Netram Marg, Begampur,. Delhi-41.
Thermal Coating P.Ltd., RZ-718, Prem Ngr, Uttam Ngr, N.D.-59.
Gupta, Gupta Stone, Rajokari, N.D.-38.
Singh, Rattan Singh & Co.,Rajokari, Delhi-38.
Bros., Kh.No.1234/7, Vill. Rajokari Delhi-38 27. Guru Nanak Stone Crushing,
Kh.No.1234/6, Vill. Rajokari, Delhi-38.
Apex Chemi Colours, 232, Karawal Ngr, Delhi-94.
649/2, Devli Village, Delhi-62.
Paints, 678/2, Nai Basti, Devli, N.D.-62.
New Metal Co, 1/22/1,Kirari Road, Nangloi, DLH-41.
Batteries, 1/59, 6A,Jauharipur Road Karawal Ngr, Delhi-94.
Gupta Metal Works, Kh.No.459, Alipurgarh, Alipur, Delhi-36.
Best Metal, Kh.No.39, GTK Rd, Budhpur, Alipur, Delhi-36.
Metal, Kh.No.38/18, Alipur, Budhpur, Delhi-36.
Metal Inds, Kh.No.1/59, Fact.No.3, Water Works Road, P.O.Gokulpuri, Shahadra,
Dyestuffs, Gali No.1-A, Chowk Samaipur, Delhi-42.
Hindustan Insecticides Ltd.,Guru Gobind Singh Marg, Delhi-15.
Bharat Mills, Shivaji Marg, Delhi-15.
DCM Silk Mills, Shivaji Marg, Delhi-15.
Textile Mill, Birla Lane, Subji Mandi, Delhi-7.
Sri Ram Foods & Fertilizers, 15, Shivaji Marg, P.O.B.6219, Delhi-15.
Steel Rolling Mills, 658, Kabool Nagar, G.T.Road, Shahadra, Delhi-32.
Potteries, Gali No.1, Friends Colony Indl. Area, G.T.Road, Sahadra, Delhi-95.
Industries, Gurgaon Road, Mahapalpur, Delhi-37
Ram & Sons, b.325/2, Nihal Vihar, Nangloi, Delhi-41.
Pvt.Ltd., F-2, DI Bldg.Indl.Complex Rohtak Road, Nangloi, Delhi-41.
Crushing Co, 22/7, Kala Pahar, New Rohtak Road, Delhi-5.
Stone Crushing Co.Gali No.12, New Rohtak Road, Delhi-5.
Pigments, S-19/A, Badli Indl.Estate,Delhi-42
Colours, 5/14/2, Karawal Nagar, Delhi-94
Ram & Sons Pottery, 254, Indl. Estate, Nangli Sakrawati, Delhi-43.
Industries, WZ-10, Todapur, Delhi-42.
Ltd.,365 Mallnand, Gurgaon
Guru Nanak Stone Mills, Khasra No.1234/6, Rajouri Garden Road, New Delhi-110
Singh Chadha, 7249, Aram Nagar, Qutab Road, New Delhi-35.
Chem, Kh.No.461, Sahibabad, Daulatpur,Delhi-42
Singh Pratap Singh, 7249, Arun Nagar, Qutab Road, New Delhi-35.
Painter & Chemicals, 490/1-2-3, N.Pipal Wala Krion, Mal-Orband Badarpur,
Dyes & Pigment Pvt.Ltd.Radhepuri,Delhi-51 61. Tarun Trading Co. Nihal Vihar, Delhi-41.
Nihal Vihar, Delhi-41.
Modern Leather, Jwalapuri, Delhi-41.
64. Northern India Paints, M.I.A. Ph.II.
Friends Chemical, Munka Village, Rohtak
Oil Co., Munka Village, Rohtak
Lubricants, Munka Village, Rohtak
Friends Chemical, Mayapuri, Indl. Area, Ph-II Delhi-64.
Delhi Paint Corporation, M.I.A, Ph-I, Delhi-64.
Pvt.Ltd., Okhla Indl.Estate, Delhi.
Techno Plast India, Karampura, Delhi-15.
Bhatia Chemical Inds., G.T.Rd.,Sahadara, Delhi.
Udyog, Loni Road, Shahdara, Delhi.
75. Tex Dyes Industries, G.T.Road, Shahdara. ;
Engg.Pvt.Ltd.,Hastai Village, Uttam Ngr, Delhi 77. Novex Pigments, Madipur, Village, Delhi-63.
78. Hindustan Petrochemicals, Vill. Mithapur, Badarpur.
BOC Gases, Shivaji Marg, N.D-15 80. M/s.Hans Paints, Colour & Varnish
Works, Okhla Indl.
Paints, Gadhaipur, Mehrauli, Delhi.
Inds., M.I.A., Ph-1, N.D.-64.
Ram & Sons, Nehal Vihar, N.D-41.
Mohan & Co, Motia Khan, N.D-55.
Leathers, Nehal Vihar, N.D-41.
Enterprises, (Formerly Samir Enterprises), Samaipur, Indl. Area, Delhi-32.
Hasthal Roads Rehnolla, Delhi-41.
Chemical 5 Inds., Bhorgarh. Narella, Delhi-40.
International, Jwalaheri Mktn Paschim Vihar, New Delhi-63.
Shankar, Khandelwal & Co., Okhla Indl. Area, Ph-II, New Delhi-20.
PMC Tyres & Tubes Ind., Area, Karaval Nagar, Delhi-94, 92.
Punjab Potteries, Gurgdon Road, N.D.-37.
International, Nangloi, N.D.-41.
Commercial Union Research Lab., Najafgarh Road, New
Industries, Narella, Alipur
Pulp & Paper, Jawahar Nagar,Loni Road, Delhi-94.
Engg. Works, Tahirpur Ind. Area, Shahdara, Delhi-95.
Super King, Mfg(Tyres) Pvt.Ltd., Jhilmil Indl. Area, Shahadra.
Slaughter House, Idgah Sadar Bazar, Delhi.
Associated Paints, Libaspur, Delhi-42.
Hetal Works, A.P.I.A.. Delhi-5.
Tyres, Badli Indl. Area, Ph-II, Delhi-42 103. Delhi Resin & Allied Products, Prahladpur (Near Samaipur),
Bharat Glue Mfg.Co., Alipurs
Narela Road, New Delhi-36.
Oxides & Chemicals Jhilmil I.A., Shahadra.
The Gulf Paint Corpn. Gurudwara
Bala Sahib Road, New Delhi.
Paint Inds.,(India), Badli Indl.Estate, Delhi-42.
Associated Dyechem, Badli, Indl.Estate,Delhi-42.
Vital Chemical Pvt.Ltd.Najafgarh
Road, Indl. Area, New
110. Punjab Metal Works Pvt.Ltd., Nangloi,
Paint Mart, Jhilmil Indl. Area, Shahdra, Delhi-95.
New India Paint Inds., Jhilmil Tahirpur, Shahdra,
German Dyes & Chemicals,Jhilmil Indl.Area,Shadara.
Rubber Inds., Indl.Estate, G.T.Rd., Shahadra, Delhi-95.
Swiss Coatings (India), Karawal Ngr, Delhi-94.
Steel Ltd.,Shahadra, Delhi-32.
Das Rathi Steels Ltd. Loni Rd., Shahadra, Delhi-32.
Nova Steels (India) Ltd., Loni Rd.,Shahadra, Delhi-32.
119. Delhi Steel Rolling Mills, Loni Rd. ? Shahadra, Delhi-32.
Inds., Okhla, N.D.-20.
Continental Leathers, DLF Indl. Area, Delhi-15.
Enterprises, DLF Indl, Area Delhi-l5.
Plasticizers Pvt.Ltd.G.T.K.Road, Delhi-33.
Insecticides Ltd.,DSIDC Indl.Complex; Nangloi, Delhi-41.
Pesto Chem India Ltd. Ansal Dilkhush Indl. Complex, GTK Rd.
126. Hindustan Pulverising Mill, GTK Road, Bakoli, Delhi-36.
Polymers, Kirari Rd., Nangloi, Delhi-41.
Polymers Pvt.Ltd., Samaipur Badli, Delhi-42.
Super Leathers, Najefgarh
131. R.A.Leathers, Rishal Garden, Najafgarh
Rd., Nangloi, N.D.
MDR Leathers, Jwalapuri, Phase-II, Delhi-41.
Plastic & Plastiscisers Pvt.Ltd.Okhla I.A., Ph- II.
Metal Co.,New Rohtak Rd., N.D.- 5.
Sunil Metal Works, 39, Alipur, Budhpur, GTK Road, Delhi-36.
K.K. Metal Works, Mayapuri, Ph-II, N.D.-63.
Chemicals, Nangloi, Delhi-41.
Chemicals Udyog, 126, DSIDC, Okhla Indl. Area, Delhi.
Kit Products, S-92, Badli Indl.Area (S.S.Kethwaria).
& Co.K.No.1231, Rajokari, N.D.
Chand Jajoria, A-24, Keshopur, Tannery Areas New Delhi-18.
Chand Maurya, 240, Kaesopur, Tannery Area, New Delhi-18. ~ 143. Satish Kumar,
447, A-16, Keshopur, Tannery Area, N.D.-18.
Sh.Bhagwan Dass, A-31, Keshopur, Tannery area N.D.-18.
Dal Chand, A-6, Keshopur, Tannery Area, N.D.-18.
Lal, A-12, Keshopurp Indl. Area, Delhi-18.
Dayal, A-16,Keshopur, Tannery Area,Delhi-18 148. Raruram, S/o Sh.Gaja Ram,
A-30, Keshopur, Tannery Area, N.D.-18.
Devi, W/o Sh.Dal Chand, A/33, Keshopur, Tannery Area, New Delhi.
A-25, Keshopur, Tannery Area, N.D.-18.
Sanjay Bright Works, 31, DLF Indl.Area, Kirti Nagar, N.D.
& Sons, 1/59/7, Johri
Pur Rd., Gokul Puri, Shahdara.
153. Om Prakash Puri & Sons, Johri Pur, Rd.,Shahadra, Delhi.
Al-Ahad Leathers Pvt. Ltd. K-52/2, Nihal Vhar, Nangloi Jat.
155. Hindustan vegetable oil,, Corpn. Ltd., Subzi Mandi
Delhi-7 156. Hindustan General Industries, Nangloi,Delhi.
Kumar Engg. & Allied Works, B-24, Okhla Indl. Area, Ph.-I, N.D.
& Co. 25/1/C Anand Parbat, New Delhi-5.
Paint, 16-A, DlF Indl. Area, Delhi.
Paint Industry, A-93, Okhla Indl. Area, Ph-II, New Delhi.
Rubber Oil & Chemicals, Mundka, Delhi-41.
Resal Garden, Nangloi, Delhi.
Dychem, 309, Naya Katra, Chandni Chowk, Delhi.
Singh Hari Singh, 31/1A, Street No.2, Anand Parbat Industrial Area, New Delhi-5
165. Bansal Plywood Industry (P) Ltd., 37, Small Scale Cooperative Industrial
Estate Ltd. G.T. Karnal Road, Delhi-33.
Gupta Industries, 150, G-1, Opp. Police Station, Rest House, Badarpur, New
Philips Rubber Industries, 299, Gokulpur, Delhi-94.
Philips Rubber Industries, 626-627, Loni Road, East Gokulpur, Delhi-94." Having held the above mentioned
168 industries as 'H' category industries, we have no hesitation in holding
that these industries cannot operate in the city of Delhi.
therefore, hold and direct as under:
The above listed 168 industries cannot be permitted to operate and function in Delhi. These industries may
relocate/shift themselves to any other industrial estate in the NCR. We direct
that the 168 industries listed above shall stop functioning and operating in
the city of Delhi with effect from November 30, 1996. These industries shall close down
and stop functioning in Delhi with effect from the said date.
The concerned Deputy Commissioner or Police shall, as directed by us, effect
the closure of the above industrial units with effect from November 30, 1996
and file compliance report in this Court within 15 days thereafter.
The National Capitdl Region Planning Board shall render all assistance to the
industries in the process of relocation. this direction shall go to the Board
through its secretary. The National Capital Territory, Delhi Administration,
through its Chief Secretary and Secretary, Industries, State of Haryana through
its Chief Secretary and Secretary, Industries, State of Rajasthan through its
Chief Secretary and Secretary, Industries and the State of Uttar Pradesh
through its Chief Secretary and Secretary, Industries shall provide all
assistance, help and necessary facilities to the industries which intended to
relocate themselves in the industrial estates situated in their respective
The allotment of plots, construction of factory buildings, etc. and issuance of
any licences/permissions etc. shall be expedited and granted on priority basis.
order to facilitate shifting of industries from Delhi all the four States constituting the NCR shall set up
unified single agency consisting of all the participating States to act as a
nodal agency to sort out all the problems of such industries. The single window
facility shall be set up by the four States within one month from today. This
direction to the four States is through the Chief Secretaries of the concerned
States. The Registry shall convey this direction separately to the Chief
Secretaries along with a copy of this judgment. We make it clear that no
further time shall be allowed to set up the single window facility.
The use of the land which would become available on account of
shifting/relocation of the industries shall be permitted in terms of the orders
of this Court dated May 10, 1996 in I.A.22 in writ petition (C) 4677/85.
The shifting industries on their relocation in the new industrial estates shall
be given incentives in terms of the provisions of the Master Plan and also the
incentives which are normally extend to new industries in new industrial
The closure order with effect from November 30, 1996 shall be unconditional. Even if the
re-location of industries is not complete they shall stop functioning in Delhi with effect from November 30, 1996 .
The workmen employed in the above mentioned 168 industries shall be entitled to
the rights and benefits as indicated hereunder:
The workmen shall have continuity of employment at the new town and place where
the industry is shifted. The terms and conditions of their employment shall not
be altered to their detriment.
The period between the closure of the industry in Delhi and its restart at place of
relocation shall be treated as active employment and the workmen shall be paid
their full wages with continuity of service;
All those workmen who agree to shift with the industry shall be given one years
wages as "shifting bonus" to help them settle at the new location,
(d) The workmen employed in the industries which fail to relocate and the
workmen who are not willing to shift along with the relocated industries shall
be deemed to have been retrenched with effect from November 30,1996 provided
they have been in continous service (as defined in Section 25B of the
Industrial Disputes Act, 1947) for not less than one year in the industries
concerned before the said date. They shall be paid compensation in terms of
Section 25-F(b) of industrial Disputes Act, 1947. These workman shall also additional
The "shifting bonus" and the compensation payable to the workmen in
terms of this judgment shall be paid by the management before December 31,1996.
The gratuity amount payable to any workmen shall be paid in addition.
parting with this judgment we may briefly deal with 762 industries which did
not respond to the public notice published in various newspapers. These
industries are included in the list of 1226 industries which were given public
notice by publication in the newspapers. These 762 industries did not file
objections in response to the public notice. Ordinarily, they should have been
declared as 'H' category industries under the Master Plan but keeping in view
the totality of the circumstances, we are inclined to take lenient view. A list
of these 762 industries has been placed on record by the Committee. We direct
the Committee (Delhi Pollution Control Committee) to issue individual notices
to these industries within ten days from today asking them to show cause within
ten days thereafter why they be not categorised as 'H' industries. The
objections, if any, shall be decided by the Committee within further ten days
and the report indicating the list of 'H' industries shall be filed in this
Court before August 20,