DELHI POLLUTION CONTROL COMMITTEE Vs. APPELLATE AUTHORITY

JUDGEMENT

(1.) This writ petition challenges the order dated 28/8/1998 passed by the Appellate Authority by which the order passed by the Delhi Pollution Control Committee (for short 'the DPCC') dated 1/5/1998, refusing consent to operate under Section 21 of the Air (Prevention & Control of Pollution) Act, 1981 was set aside and the DPCC directed to decide the application afresh after undertaking an inspection of the premises of respondent No. 2.

(2.) Mr. Sanjiv Khanna, the learned Counsel for the petitioner, DPCC has based his challenge mainly on the ground that the impugned order has lost sight of the fact that in accordance with the Master Plan, only light and service industries activity can be carried on. The relevant provisions of the Delhi Mast Plan, 1990 relied upon by him read as under:

(3.) Mr. Sanjiv Khanna, the learned Counsel for the petitioner, therefore, submitted that the existing industries (as per the above judgment) which have been closed by the orders of the Supreme Court as being hazardous industries, would have to undertake a fresh procedure applicable to a new industry for setting up of a new industry which naturally has to accord with the Master Plan.