LAWS(DLH)-2009-4-10

MAHAVIR SINGH Vs. UNION OF INDIA

Decided On April 29, 2009
MAHAVIR SINGH Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THE present writ petition has been filed by the petitioner in public interest bringing to the notice of the Court the unabated illegal industrial activities going on in villages of Delhi bordering Delhi haryana Border in 10 km area from Nangloi to Tikri Boarder of the nct of Delhi despite the Hon'ble Supreme Court's order dated 7th may, 2004 in the case of M. C. Mehta vs. Union of India and Ors. , (2004) 6 SCC 588, wherein all industrial activities falling under category-F of the Master Plan of Delhi 2001 were directed to be immediately stopped within a period of four months in all residential/non-confirming areas of Delhi.

(2.) A short affidavit was filed by the Deputy Commissioner on behalf of the Commissioner of Industries, Government of National capital Territory of Delhi, wherein it was stated that respondent No. 4 had conducted a survey in the villages mentioned in the petition and as per the survey, there were a total of 574 units which were illegally running in the said area. On 18th March, 2009, the counsel for respondent Delhi Pollution Control Committee (in short 'dpcc')stated before the Court that an inspection had been conducted and a report would be filed on the next date.

(3.) TODAY a reply affidavit of respondent No. 3, DPCC was placed before us. It is stated in the affidavit that on inspection, illegal industrial activity was found in the area in question and that after inspection letters were written to the Commissioner of Industries and the Deputy Commissioner (West) on 30th March, 2009 for taking necessary action for closure of these units in pursuance of the orders dated 7th December, 2000 and 8th February, 2001 passed by the hon'ble Supreme Court with a copy to the petitioner. It was further pointed out during the course of hearing by the counsel for DPCC that 172 units had been inspected and 119 out of them had found to be polluting units.