M C MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) After hearing petitioner-in-person and learned counsel for the parties and on perusal of the affidavits we find that in and around Delhi stone crushing is being carried on in four different areas : (1) Lal Kuan, (2) Surajkund, (3) Anand Parvat and (4) Rajakouri. Mr M. C. Mehta ,states that so far as the stone crushers located in Lal Kuan and Surajkund are concerned they have set up the crushing plants in the area where setting up of any such plant in the master plan of the Delhi Development Authority and also in the plan of the Haryana Development authority is not permitted. In this view even if these plants are complying with the pollution standards they are not entitled to operate their plant, in those areas. There is no specific document before us to support this contention. We, accordingly, direct the Delhi Development authority and the Haryana Development Authority to file affidavit slating therein categorically as to whether stone crusher plants in the aforesaid two areas are situated within the non-conforming area. We further direct the central Pollution Control Board to inspect the stone crushing plant situated in Lal Kuan, Surajkund and Anand Parvat and Rajakouri on a working day and submit a detailed report, regarding the failure of crushing plants to comply with the standard laid down under the Act and the rules framed thereunder indicating its impact on the environment of surrounding areas. The inspection report shall be filed along with affidavit within two weeks. The reply, if any, may be filed within one week thereafter. List these matters after three weeks.