M C MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) A contempt petition against the respondent Ashok Kumar Chhabra arises pursuant to the show cause notice of contempt issued by this Court on 25th November, 1999 for wilful violation of various orders passed by this Court. The respondent was running hot mix plant industry located at village Rangpuri, New Delhi. The hot mix plant was the subject-matter of consideration by an Expert Committee of Central Pollution Control Board (CPCB) to determine the pollution and hazardous aspects of this industry. On 13th March, 1996 this Court directed the CPCB to issue notices to the hot mix plants located in Delhi as to why they be not relocated. The Board issued notices to the Hot Mix Plants and after considering the replies objections filed by them, the Expert Committee of the Board arrived at the following conclusion :

(2.) Basing on the aforesaid report, this Court on 10th October, 1996 inter alia directed the 43 hot mix plants to stop functioning and operating in the city of Delhi w.e.f. February 28, 1997. The directions are contained in paragraph 4 of the order. For the purpose of disposal of this petition direction Nos. 1, 2 and 8 are relevant which read thus :

(3.) Undisputedly, the aforesaid directions were with regard to 43 hot mix plants in which the unit of the respondent does not figure. Accordingly, the order dated 10th October, 1996 was clarified by this Court on 5th December, 1997 in which the name of Ashok Kumar Chhabras unit has been included. On noticing that the respondents unit has also been closed down which required to be relocated outside Delhi, this Court also directed that the land for relocation of 44 hot mix plants (including the respondent) shall be made available by the State Government concerned within three months from passing of the order. The draw of lots for the hot mix plants was held in the office of the NCR Planning Board on 8-2-1998 at 4.00 p.m. pursuant to the order passed by this Court on 16th January, 1998. Master sheet including the name of the parties and the sites allotted to them was annexed with the order dated 12th February 1998 of the Chief Regional Planner, in which the respondent - Ashok Kumar Chhabru has been allotted alternative site at Dadri. The name of the respondent is shown at Sl. NO. 36 of the list.