HIGHWAY TYRES Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) These are applications on behalf of the petitioners under section 151 Civil Procedure Code for seeking clarification of the order dated August 6, 1998 whereby the writ petitions filed by the applicants were disposed of.

(2.) In the writ petitions, the petitioners had impugned order of the third respondent, Delhi Pollution Control Committee dated May 25,1998 whereby the petitioners were directed to stop functioning and operating their units in Delhi with immediate effect. The petitioners are manufacturers of rubber auto tubes. According to the impugned orders, the industries of the petitioners manufacturing rubber auto tubes fall in category H(a) in Annexure III to the Master Plan, 2001. It needs to be noticed that industries falling in H(a) categories are hazardous in nature & are consequently prohibited to operate within the Union Territory of Delhi. The impugned orders go on to recite that the Supreme Court in I.A.224/94 in Writ Petition (Civil) No.46/77 has held that the manufacturing units falling in group H(a) cannot be permitted to operate and function in Delhi and such Industries may be re-allocated to any other industrial estate in the National Capital Region.

(3.) On August 17,1998 the following order was passed by this Court in C.W.Ps:- Mr. Ishwar Singh appears for the Central Pollution Control Board. He has been apprised of the orders dated August 6,1998 and August 14,1998. He states that he will file an affidavit with regard to the question which has been raised and specified in order dated August 14, 1998. Let the affidavit be filed within five days. Rejoinder to the affidavit, if any, be filed within two days thereafter. In case the Central Pollution Control Board has not performed any tests in that event they should permit the writ petitioner in Writ Petition No. 2947/98 to run the industry for the purposes of enabling the Central Pollution Control Board to perform the requisite tests. It will also be opento the Delhi Pollution Control Committee to perform the tests. If the Delhi Pollution Control Committee is to perform the tests it is clarified that the inspection by the Central Pollution Control Board and Delhi Pollution Control Committee will be made at one and the same time.