M C MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) ORDER

(2.) THE Master Plan for Delhi 1962 (MPD-62 was prepared and enforced under the Delhi Development Act, 1957 (61 of 1957 (the Act). At that point of time it was realised that the solution of the impending problems of the National Capital could only be found in regional context and as such the <PG>751</PG> MPD-62 recommended that a statutory National Capital Region Planning Board should be set up for ensuring balanced and harmonised development a of the region. THE National Capital Region Planning Board Act. 1985 (Capital Region Act) came into force on 11/2/1985. THE National Capital Region Plan-2001 (the Regional Plan) was published as a statutory document. In the words of the then chairperson, National Capital Region Planning Board, the purpose sought to be achieved by the Regional Plan was as under:

(3.) IT is thus obvious that under the mandatory provisions of the Master Plan the hazardous and noxious industrial units [H(a) industries] are not permitted to operate in Delhi. So far as the existing H(a) industries are concerned, they were required to be shifted within a maximum prescribed period of three years. The Master Plan came into force in August 1990. H(a) industries should have been shifted by the end of 1993. IT is unfortunate that no action in this respect was taken by the authorities concerned. The industries were required to prepare and submit the project reports to effectuate shifting. This was to be done within one year of the coming into force of the Master Plan. None of the H(a) industries submitted the required project reports within the statutory period of one year. We have no hesitation in holding that the H(a) industries are operating in Delhi illegally and in utter violation of the mandatory provisions of the Master Plan. Delhi Administration was under a statutory obligation to prepare a list of H(a) industries. No such list was prepared within the statutory period of three years. IT was only under the directions of this court that the necessary lists were prepared.