M.C.
Mehta Vs. Union of India & Ors [1992] INSC 165
(15 May 1992)
Misra,
Rangnath (Cj) Misra, Rangnath (Cj) Kania, M.H. Kuldip Singh (J)
CITATION:
1991 SCR (1) 866 1991 SCC (2) 353 JT 1991 (1) 620 1991 SCALE (1)427
ACT:
Constitution
of India, 1950:
Article
32-Environmental and air pollution-Control of- Operation of mechanical
crushers-Stoppage of-Allotment of sites in the newly set-up crushing
zone-Directions issued.
HEAD NOTE:
Writ
Petitions were filed before this Court, challenging the action of the
owners/proprietors of the stone-crushers whereby stone-dust and smoke was
allowed to pass into the air, and due to pollution, lives of the people living
in some parts of South Delhi, especially rural, and workers, their families
living at the site as well as people living in the villages bordering Haryana
were suffering from different diseases and their lives were in danger, and
praying for issue of writ of mandamus and directions to the respondents and
authorities concerned to take steps to stop pollution, and provide necessary
medical facilities to the affected persons.
Giving
directions, reasons for which to be followed later, this Court,
HELD :
1. Environmental changes are the inevitable consequence of industrial
development in our country, but, at the same time the quality of environment
cannot be permitted to be damaged by polluting the Air, Water and Land to such
an extent that it becomes a health-hazard for the residents of the area. The
authorities concerned in the Union Territories of Delhi have been wholly re-miss in the performance of their
statutory duties and have failed to protect the environment and control
air-pollution in the Union Territory of Delhi. Utter disregard to environment
has placed Delhi in unenviable position of being the
world's third grubbiest, most polluted and unhealthy city as per a study
conducted by the World Health Organisation.
Needless
to say that every citizen has a right to fresh air and to live in
pollution-free environment. [359 F-H, 360 A]
2. It
is, therefore, directed that
(a)
the mechanical stone crushers 358 established/operating in Lal Kuan, Anand Parbat,
Rajokri, Tughlakabad and in any other area of Union territory of Delhi and also
in Suraj Kund, Lakhanpur, Lakkarpur, Kattan, Gurukul, Badkhal, Pallinangla, Saraikhaja,
Anangpur and Ballabgarh areas of Haryana should stop operating/functioning with
effect from August 15, 1992 and no stone crusher will operate in the above said
areas from August 15, 1992 onward;
(b)
the stone crushers in the Union territory of Delhi/Faridabad-Ballabgarh Complex
which do not have valid licences from the Authorities under the Delhi Municipal
Corporation Act, 1957/Faridabad Complex Administration (Regulations and
Development) Act, 1971 or from any other authority which the law requires, and
the stone crushers, in respect of which closure- orders/directions have been
issued by the Central Pollution Control Board under Section 31A of Air
(Prevention and Control of Pollution) Act, 1981 or by the Central Government
under Section 5 of the Environment (Protection Act, 1956, should stop
functioning/operating with immediate effect;
(c) the
authorities concerned should ensure compliance of these order; and
(d)
the authorities concerned of the State of Haryana should demarcate, and allot the
sites to the aforesaid stone crushers in the newly approved 'crushing zone' at
village Pali - set up with the object of rehabilitating the existing
stone-crushers who are being stopped from functioning as a result of the orders
of this Court - by draw of lots or by any other fair and equitable method, and
also to provide additional land in or around the "crushing zone" if
there is not sufficient land in the said zone to accommodate all the stone
crushers affected by this Court's orders within a period of six months. A
progress report in this respect should be sent to the Registry of this Court
before July 31, 1992. [360 B-C, E-H, 361 A-G]
3.
Some Writ Petitions, which were filled by the owners/proprietors of
stone-crushers in the Delhi High Court and which have been directed to be
transferred to this Court are dismissed. [360 E]
ORIGINAL
JURISDICTION : Writ Petition (C) No.4677 of 1985.
(Under
Article 32 of the Constitution of India).
WITH T.C.(C)
No. 75-89/91 W.P.(C) No.521/87 T.P.(C) No.245- 50/91.
M.C.
Mehta Petitioner-in-person. 359 Satish Chander, Hardev Singh, P.N. Duda, B.R.L.
Iyengar, P.P. Rao, V.C. Mahajan, S.S. Chadha, R. Mohan, Ms. Rekha Pandey, K.B. Rohtagi,
S.K. Dhingra, Shashank Shekhar, Vishnu Mathur, Vijay Pandita, Randhir Jain,
N.S. Bisht, Ms. Seema Midha, K.R.R. Pillai, R.S. Suri, R.B. Misra, C.V. Subba Rao,
Kailash Vasdev, V.B. Saharya, Ranjit Kumar, R. Sridharan, Ms. Indu Malhotra,
P.K. Jain, I.S. Goyal, Dr. A.M. Singhvi, R. Sasiprabhu, Ms. Anil Katiyar and
B.Y. Kulkarni for the appearing parties.
The
following Order of the Court was delivered:
We
reserved judgment in these matters on April 24, 1992. We heard learned counsel for the
parties at considerable length for several days. We have been taken through the
provisions of Delhi Development Act 1957, Master Plan for Delhi published in
the Gazette of India dated August 1, 1990, Delhi Development Authority (Zoning)
Regulations, 1983, Delhi Municipal Corporation Act 1957, Faridabad Complex
Administration (Regulations and Development) Act, 1971, The Development Plan
for the Faridabad - Ballabgarh Controlled Areas published in the Haryana
Government Gazette dated December 17, 1991, Air (Prevention and Control of
Pollution) Act 1981, The Environment (Protection Act) 1986, National Health
Policy, 1985, Ancient Monuments Act, 1958, National Capital Region Planning
Board Act, 1985 and various other documents including reports of the Experts on
Air Pollution and environments. The parties have submitted detailed written
arguments which we have taken into consideration. We have given our thoughful
consideration to the various arguments advanced by the learned counsel for the
parties.
We are
conscious that environmental changes are the inevitable consequence of
industrial development in our country, but at the same time the quality of
environment cannot be permitted to be damaged by polluting the Air, Water and
Land to such an extent that it becomes a health- hazard for the residents of
the area. We are constrained to record that Delhi Development Authority,
Municipal Corporation of Delhi, Central Pollution Control Board and Delhi
Pollution Control Committee have been wholly re-miss in the performance of
their statutory duties and have failed to protect the environments and control
air-pollution in the Union Territory of Delhi. Utter disregard to environment
has placed Delhi in an unenviable position of being
the world's third grubbiest, most polluted and unhealthy city as per a study
conducted by the World Health Organisation.
Needless
360 to say that every citizen has a right to fresh air and to live in
pollution-free environments.
For
the reasons to be recorded and pronounced at a later stage we order and direct
as under:- (1) The mechanical stone crushers established/operating in Lal Kuan,
Anand Parbat, Rajokri, Tughlakabad and in any other area of Union territory of
Delhi shall stop operating/functioning with effect from August 15, 1992. No
stone crusher shall operate in the Union territory of Delhi from August 15, 1992 onward.
(2)
The mechanical stone crushers established/operating in Suraj Kund, Lakhanpur, Lakkarpur,
Kattan, Gurukul, Badkhal, Pallinangla, Saraikhaja, Anangpur and Ballabgarh
areas of Haryana shall stop operating/functioning with effect from August 15,
1992. No stone crusher shall operate in the above said area form August 15, 1992 onward.
(3)
The writ petitions filed by the owners/proprietors of stone crushers in Delhi
High Court which have been transferred to this Court shall stand dismissed with
no order as to costs.
(4) The
Stone crushers in the Union territory of Delhi/Faridabad-Ballabgarh Complex
which do not have valid licences from the Authorities under the Delhi Municipal
Corporation Act 1957/Faridabad Complex Administration (Regulations and
Development) Act 1971 or from any other authority which the law requires, shall
stop functioning and operating with immediate effect.
(5)
The stone crushers, in respect of which closure-orders/directions have been
issued by the Central Pollution Control Board under Section 31A of Air
(Prevention and Control of Pollution) Act, 1981 or by the Central Government
under Section 5 of the Environment (Protection) Act 1956, shall stop
functioning/operation with immediate effect.
(6)
The Delhi Development Authority through its Vice Chairman and Commissioner
(Planning), the Delhi Municipal Cor- 361 poration through its Commissioner, Faridabad
Complex Administration through its Chief Administrator, Director Town and
Country Planning Department, Haryana Deputy Commissioner, Faridabad, Haryana Urban
Development Authority through its Commissioner/Chief Executive, Central
Pollution Control Board through its Member Secretary, Central Government under
the Environment (Protection Act) 1986 and the Commissioner Police Delhi are
directed to ensure the compliance of our above orders.
(7)
The officers of the Town and Country Planning Department, Government of Haryana,
who were present in Court, informed us that a new "crushing zone" has
been approved at village Pali and the lay out Plan has been prepared and is in
the process of demarcation by the Haryana Urban Development Authority. The said
"crushing zone" has been set up with the object of rehabilitating the
existing stone crushers who are being stopped from functioning as a result of
our orders. We, therefore, direct the State of Haryana through the Director,
Town and Country Planning Department, Haryana, Chandigarh, the Chief
Administrator, Faridabad Complex Administration, the Deputy Commissioner, Faridabad
and the Haryana Urban Development Authority to demarcate, and allot the sites
to the stone crushers mentioned in paras 1,2,4 and 5 above by draw of lots or
by any other fair and equitable method. We further direct these authorities to
provide additional land in or around the "crushing zone" if there is
not sufficient land in the said zone to accommodate all the stone crushers
affected by our orders. This exercise shall be completed and plots offered to
the stone crushers within a period of six months from today.
The
Director, Town and Country Planning Department, Haryana, Chandigarh is further directed to send a
progress report to the Registry of this Court before July 31, 1992 in this respect.
(8) We
make it clear that our orders contained in paras 1,2,4 and 5 above are in
absolute terms and are not dependent or consequential to our directions in para
7 above.
362 We
are not finally disposing of the writ petition at this stage and we keep it
pending for the purposes of monitoring the above directions. To be listed on August 5, 1992.
The
copies of this order be sent to all the Authorities mentioned in paras 6 and 7
above within two days.
N.P.V.
Reasons to follow.
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