M S METAL COMPANY Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE petition impugns Entry No.38 i.e. Foundries(except Pit Furnace) in Annexure III (containing the prohibited/negative list of industries) to clause 7.2 of the Master Plan of Delhi, 2021 (MPD). The petition axiomatically seeks quashing of the notice dated 11 th April, 2012 and the sealing order dated 9th May, 2012 of the Delhi Pollution Control Committee of the Government of NCT of Delhi qua the industry of the petitioner on Plot No. 458/466, Gali No. 8, Friends Colony, Industrial Area, Delhi � 95. Notice of the petition and the application for interim relief was issued. Subsequently vide order dated 6th July, 2012 the premises of the petitioner were directed to be temporarily de-sealed to enable the petitioner to remove its belongings / stocks of raw material, therefrom. Vide subsequent order dated 30th July, 2012, on the contention of the petitioner that pursuant to the sealing order even the office portion of the petitioner's premises had been sealed, it was clarified that the office portion shall be de-sealed immediately. Pleadings have been completed and the counsels have been heard.

(2.) THE petitioner claims to be carrying on business of Copper Melting. The petition alleges non compliance of the statutory provisions and principles of natural justice in finalizing MPD 2012. It is pleaded that though while publishing the proposed changes/modifications to the existing Master Plan and inviting objections thereto (in compliance of Sections 10 and 11A of the Delhi Development Act, 1957) only 'Heavy Foundries' were mentioned at serial no.38 in the list of prohibited industries but in the Master Plan ultimately finalized, the concerned entry i.e. Entry No. 38 has been changed to Foundries (except Pit Furnace). It is thus contended that as per the finalized Master Plan, foundries which are not heavy but do not have a Pit Furnace are also included in the list of prohibited industries without giving the petitioner an opportunity to object thereto and without following the prescribed procedure before inclusion thereof was not followed.

(3.) THE respondent DPCC in its counter affidavit has pleaded that, the petitioner had applied for and was granted consent on 15 th September, 2008 for the activity of copper melting in LDO fired furnace; that in the inspection carried out on 22nd March, 2012 the Unit of the petitioner was found to be engaged in the activity of the copper melting through a tilting furnace; that though a wet scrubber as air pollution control device was installed but was not found operational; ID fan was also out of order; leakages in the hood/duct used to channelize the air emissions were also found and HWM measures were found not to have been taken; that it was in these circumstances that the unit of the petitioner was sealed. It is further pleaded that the Copper Melting Unit through tilting furnace of the petitioner is highly air polluting in nature and falls within the category of Foundries (except Pit Furnace) in the list of prohibited industries. With respect to the plea of the petitioner that its foundry is not 'heavy' owing to the yield of less than one ton, it is pleaded that Item No. 38 of the prohibited/negative list of industries in the MPD 2021 uses the term 'Foundries (except Pit Furnace) irrespective of whether it is heavy or not. It is further pleaded that it is for the petitioner to satisfy that its foundry is not heavy.