Mahavir Singh vs Union Of India & Ors.
2009 Latest Caselaw 1755 Del

*             IN THE HIGH COURT OF DELHI AT NEW DELHI

%                               Date of Decision: April 29, 2009

+                WP(C) No.7302/2009 & C.M. No. 3062/2009

        MAHAVIR SINGH                                 ..... Petitioner
                           Through:   Mr. Sumeeta Sharma and
                                      Mr. Somesh Rattan, Advocates.

                           versus

        UNION OF INDIA & ORS.                         ..... Respondents
                       Through:       Mr. Vijay Kinder for Ms. Monika
                                      Garg, Advocate for Respondent
                                      UOI.
                                      Mr. Amit K. Paul, Advocate for
                                      Respondent MCD.
                                      Ms.    Pinky   Anand,      Senior
                                      Advocate with Ms. Aakanksha
                                      Munjhal,      Advocate          for
                                      Respondent     Delhi     Pollution
                                      Control Committee.
                                      Ms. Jyoti Singh and Mr. Ankur
                                      Chibber,      Advocate          for
                                      Respondent GNCTD.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE NEERAJ KISHAN KAUL
                   ORDER

29.04.2009

1. The present writ petition has been filed by the petitioner in

public interest bringing to the notice of the Court the unabated illegal

industrial activities going on in villages of Delhi bordering Delhi

Haryana Border in 10 km area from Nangloi to Tikri Boarder of the

NCT of Delhi despite the Hon'ble Supreme Court's order dated 7th

May, 2004 in the case of M.C. Mehta vs. Union of India and Ors.,

(2004) 6 SCC 588, wherein all industrial activities falling under

category-F of the Master Plan of Delhi 2001 were directed to be

immediately stopped within a period of four months in all

residential/non-confirming areas of Delhi.

2. A short affidavit was filed by the Deputy Commissioner on

behalf of the Commissioner of Industries, Government of National

Capital Territory of Delhi, wherein it was stated that respondent No.

4 had conducted a survey in the villages mentioned in the petition

and as per the survey, there were a total of 574 units which were

illegally running in the said area. On 18th March, 2009, the counsel

for respondent Delhi Pollution Control Committee (in short 'DPCC')

stated before the Court that an inspection had been conducted and a

report would be filed on the next date.

3. Today a reply affidavit of respondent No. 3, DPCC was placed

before us. It is stated in the affidavit that on inspection, illegal

industrial activity was found in the area in question and that after

inspection letters were written to the Commissioner of Industries and

the Deputy Commissioner (West) on 30th March, 2009 for taking

necessary action for closure of these units in pursuance of the orders

dated 7th December, 2000 and 8th February, 2001 passed by the

Hon'ble Supreme Court with a copy to the petitioner. It was further

pointed out during the course of hearing by the counsel for DPCC

that 172 units had been inspected and 119 out of them had found to

be polluting units.

4. It would be in the fitness of things that the Commissioner of

Industries should give a list of units which were illegally running in

the said area to the Municipal Corporation of Delhi (in short 'MCD')

as well as to DPCC. A joint inspection should be carried out by the

DPCC and the Commissioner of Industries and all necessary police

assistance may be asked for and accordingly provided to them as it is

stated that considerable amount of resistance is apprehended while

carrying out the inspection. Thereafter the concerned authorities

should initiate appropriate action in accordance and in compliance

with the judgment of the Hon'ble Supreme Court of India against the

illegal polluting units running in the area in question.

5. It would also be open to the MCD to take necessary action in

accordance with law for prosecuting these illegal units/industries

under the Municipal Corporation of Delhi Act.

6. Let the matter be renotified for 12th August, 2009 when it will

come up for consideration of the compliance by the authorities of the

orders passed today. All concerned authorities including the

Commissioner of Industries, DPCC and the MCD will ensure that the

inspection is carried out at the earliest and all necessary action in

accordance with law and the judgment of the Hon'ble Supreme Court

of India against the illegal polluting industrial units is initiated and

taken at the earliest. Compliance report be filed by all the

authorities at least one week before the next date of hearing i.e. 12th

August, 2009.

CHIEF JUSTICE

NEERAJ KISHAN KAUL, J APRIL 29, 2009 sb