M C MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) These applications are filed by the erstwhile brick kiln owners who had their brick kilns in the NCT of Delhi. A prayer in these applications is for the modification of the order dated 10-5-96 and 26-11-96 passed by Court in I.A. 22 in W.P. (C) No. 4677/85 so as to delete the direction by which the applicants had been directed to surrender the land without being paid any compensation.

(2.) This Court was dealing with industrial pollution in Delhi. As per the Master Plan 1990, industries had been placed into different categories. Those industries which were placed in category - H were required to close down and/or to be shifted out of Delhi within three years of the Master Plan coming into effect. When the said industries did not shift or close, writ petition was filed which led to the passing of the order dated 10th May, 1996 reported as (1996) 4 SCC 351. This order specifically dealt with the case of hazardous, noxious industries and the directions which were given therein inter alia required certain percentage of land which was being used by those industries being surrendered and at the same time the Court permitted fifty per cent extra F.A.R. on the remaining land. The land was required to be utilised in the manner indicated in the Master Plan.

(3.) In the Master Plan of 1990, brick kilns were not shown as a category - H industry. It is only after Report was submitted by the Delhi Pollution Control Commitee that by an order dated 26-11-96 (1998) 9 SCC 149) this Court came to the conclusion that 246 brick kilns operating in various zones of the N.C. Territory of Delhi were category - H industries and as such could not operate as a said industry. While ordering their closure and shifting from Delhi it was observed in paragraph 6 of the directions that the use of the land which would become available on account of shifting/relocation of the brick kilns shall be permitted in terms of the order of this Court dated 10th May, 1996 in M.C. Mehta v. Union of India, 1996 AIR SCW 2621. It was also stated that the shifting brick kilns shall be given incentives and the brick kilns should shift to fly ash technology.