MAHAVIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition was filed in public interest seeking a direction to the Union of India, Government of NCT of Delhi, Delhi Pollution Control Committee, Municipal Corporation of Delhi, State of Haryana, Haryana State Pollution Control Board, Delhi Jal Board, Delhi Police and BSES to immediately stop the illegal industrial activities going on in villages of Nangloi, Ghewara, Neelwal, Mundka, Kamruddin Nagar, Tikri Kalan, Ranhaula etc. on the Delhi Haryana Border and which industrial activities are causing pollution of water and air.

(2.) THE petition was entertained and inspection of the villages in question to report about the illegal and polluting industries was ordered. Thereafter from time to time, further directions were issued for closure of the illegal and polluting industrial units functioning in the said villages and for compliance of the orders of the Supreme Court in M.C. Mehta v. Union of India, 111 (2004) DLT 345 (SC)=III (2004) SLT 536=(2004) 6 SCC 588 and this Court has been monitoring the compliance of the said directions and the counsel who had filed another W.P.(C) No.3013/2010 to stop the burning of rubber in the said villages and which petition was not entertained for the reason of the same issue pending in this writ petition was appointed as the Amicus Curiae in this petition and has been rendering assistance to this Court.

(3.) THE Supreme Court in Bhopal Gas Peedith Mahila Udyog Sangathan v. Union of India, (2012) 8 SCC 326 has directed all matters instituted after coming into force on 18.10.2010 of the National Green Tribunal Act, 2010 (NGT Act) and covered under the provisions of the said Act to be transferred to the National Green Tribunal (NGT) constituted under the said Act. Of course this petition was instituted prior to the coming into force of the said Act. However the Supreme Court has further directed that even cases filed and pending prior to coming into force of the said Act but involving questions of environment laws and / or relating to any of the seven statutes specified in Schedule I of the said Act should also be dealt with by the specialized Tribunal constituted under the said Act and has advised all Courts before which such matters are pending to direct transfer of such cases to the NGT if found to be in the fitness of administration of justice.