Full Judgment Text
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 4
PETITIONER:
M.C. MEHTA ETC. ETC.
Vs.
RESPONDENT:
UNION OF INDIA AND OTHERS ETC. ETC.
DATE OF JUDGMENT15/05/1992
BENCH:
MISRA, RANGNATH (CJ)
BENCH:
MISRA, RANGNATH (CJ)
KANIA, M.H.
KULDIP SINGH (J)
CITATION:
1991 SCR (1) 866 1991 SCC (2) 353
JT 1991 (1) 620 1991 SCALE (1)427
ACT:
Constitution of India, 1950:
Article 32-Environmental and air pollution-Control of-
Operation of mechanical crushers-Stoppage of-Allotment of
sites in the newly set-up crushing zone-Directions issued.
HEADNOTE:
Writ Petitions were filed before this Court,
challenging the action of the owners/proprietors of the
stone-crushers whereby stone-dust and smoke was allowed to
pass into the air, and due to pollution, lives of the people
living in some parts of South Delhi, especially rural, and
workers, their families living at the site as well as people
living in the villages bordering Haryana were suffering from
different diseases and their lives were in danger, and
praying for issue of writ of mandamus and directions to the
respondents and authorities concerned to take steps to stop
pollution, and provide necessary medical facilities to the
affected persons.
Giving directions, reasons for which to be followed
later, this Court,
HELD : 1. Environmental changes are the inevitable
consequence of industrial development in our country, but,
at the same time the quality of environment cannot be
permitted to be damaged by polluting the Air, Water and Land
to such an extent that it becomes a health-hazard for the
residents of the area. The authorities concerned in the
Union Territories of Delhi have been wholly re-miss in the
performance of their statutory duties and have failed to
protect the environment and control air-pollution in the
Union Territory of Delhi. Utter disregard to environment
has placed Delhi in unenviable position of being the
world’s third grubbiest, most polluted and unhealthy city as
per a study conducted by the World Health Organisation.
Needless to say that every citizen has a right to fresh air
and to live in pollution-free environment. [359 F-H, 360 A]
2. It is, therefore, directed that (a) the mechanical
stone crushers
358
established/operating in Lal Kuan, Anand Parbat, Rajokri,
Tughlakabad and in any other area of Union territory of
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 4
Delhi and also in Suraj Kund, Lakhanpur, Lakkarpur, Kattan,
Gurukul, Badkhal, Pallinangla, Saraikhaja, Anangpur and
Ballabgarh areas of Haryana should stop
operating/functioning with effect from August 15, 1992 and
no stone crusher will operate in the above said areas from
August 15, 1992 onward; (b) the stone crushers in the Union
territory of Delhi/Faridabad-Ballabgarh Complex which do not
have valid licences from the Authorities under the Delhi
Municipal Corporation Act, 1957/Faridabad Complex
Administration (Regulations and Development) Act, 1971 or
from any other authority which the law requires, and the
stone crushers, in respect of which closure-
orders/directions have been issued by the Central Pollution
Control Board under Section 31A of Air (Prevention and
Control of Pollution) Act, 1981 or by the Central Government
under Section 5 of the Environment (Protection Act, 1956,
should stop functioning/operating with immediate effect; (c)
the authorities concerned should ensure compliance of these
order; and (d) the authorities concerned of the State of
Haryana should demarcate, and allot the sites to the
aforesaid stone crushers in the newly approved ’crushing
zone’ at village Pali - set up with the object of
rehabilitating the existing stone-crushers who are being
stopped from functioning as a result of the orders of this
Court - by draw of lots or by any other fair and equitable
method, and also to provide additional land in or around the
"crushing zone" if there is not sufficient land in the said
zone to accommodate all the stone crushers affected by this
Court’s orders within a period of six months. A progress
report in this respect should be sent to the Registry of
this Court before July 31, 1992. [360 B-C, E-H, 361 A-G]
3. Some Writ Petitions, which were filled by the
owners/proprietors of stone-crushers in the Delhi High Court
and which have been directed to be transferred to this Court
are dismissed. [360 E]
JUDGMENT:
ORIGINAL JURISDICTION : Writ Petition (C) No.4677 of
1985.
(Under Article 32 of the Constitution of India).
WITH
T.C.(C) No. 75-89/91 W.P.(C) No.521/87 T.P.(C) No.245-
50/91.
M.C. Mehta Petitioner-in-person.
359
Satish Chander, Hardev Singh, P.N. Duda, B.R.L.
Iyengar, P.P. Rao, V.C. Mahajan, S.S. Chadha, R. Mohan, Ms.
Rekha Pandey, K.B. Rohtagi, S.K. Dhingra, Shashank Shekhar,
Vishnu Mathur, Vijay Pandita, Randhir Jain, N.S. Bisht, Ms.
Seema Midha, K.R.R. Pillai, R.S. Suri, R.B. Misra, C.V.
Subba Rao, Kailash Vasdev, V.B. Saharya, Ranjit Kumar, R.
Sridharan, Ms. Indu Malhotra, P.K. Jain, I.S. Goyal, Dr.
A.M. Singhvi, R. Sasiprabhu, Ms. Anil Katiyar and B.Y.
Kulkarni for the appearing parties.
The following Order of the Court was delivered:
We reserved judgment in these matters on April 24,
1992. We heard learned counsel for the parties at
considerable length for several days. We have been taken
through the provisions of Delhi Development Act 1957, Master
Plan for Delhi published in the Gazette of India dated
August 1, 1990, Delhi Development Authority (Zoning)
Regulations, 1983, Delhi Municipal Corporation Act 1957,
Faridabad Complex Administration (Regulations and
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 3 of 4
Development) Act, 1971, The Development Plan for the
Faridabad-Ballabgarh Controlled Areas published in the
Haryana Government Gazette dated December 17, 1991, Air
(Prevention and Control of Pollution) Act 1981, The
Environment (Protection Act) 1986, National Health Policy,
1985, Ancient Monuments Act, 1958, National Capital Region
Planning Board Act, 1985 and various other documents
including reports of the Experts on Air Pollution and
environments. The parties have submitted detailed written
arguments which we have taken into consideration. We have
given our thoughful consideration to the various arguments
advanced by the learned counsel for the parties.
We are conscious that environmental changes are the
inevitable consequence of industrial development in our
country, but at the same time the quality of environment
cannot be permitted to be damaged by polluting the Air,
Water and Land to such an extent that it becomes a health-
hazard for the residents of the area. We are constrained to
record that Delhi Development Authority, Municipal
Corporation of Delhi, Central Pollution Control Board and
Delhi Pollution Control Committee have been wholly re-miss
in the performance of their statutory duties and have failed
to protect the environments and control air-pollution in the
Union Territory of Delhi. Utter disregard to environment
has placed Delhi in an unenviable position of being the
world’s third grubbiest, most polluted and unhealthy city as
per a study conducted by the World Health Organisation.
Needless
360
to say that every citizen has a right to fresh air and to
live in pollution-free environments.
For the reasons to be recorded and pronounced at a
later stage we order and direct as under:-
(1) The mechanical stone crushers
established/operating in Lal Kuan, Anand Parbat,
Rajokri, Tughlakabad and in any other area of Union
territory of Delhi shall stop operating/functioning
with effect from August 15, 1992. No stone crusher
shall operate in the Union territory of Delhi from
August 15, 1992 onward.
(2) The mechanical stone crushers
established/operating in Suraj Kund, Lakhanpur,
Lakkarpur, Kattan, Gurukul, Badkhal, Pallinangla,
Saraikhaja, Anangpur and Ballabgarh areas of
Haryana shall stop operating/functioning with
effect from August 15, 1992. No stone crusher
shall operate in the above said area form August
15, 1992 onward.
(3) The writ petitions filed by the
owners/proprietors of stone crushers in Delhi High
Court which have been transferred to this Court
shall stand dismissed with no order as to costs.
(4) The Stone crushers in the Union territory of
Delhi/Faridabad-Ballabgarh Complex which do not
have valid licences from the Authorities under the
Delhi Municipal Corporation Act 1957/Faridabad
Complex Administration (Regulations and
Development) Act 1971 or from any other authority
which the law requires, shall stop functioning and
operating with immediate effect.
(5) The stone crushers, in respect of which
closure-orders/directions have been issued by the
Central Pollution Control Board under Section 31A
of Air (Prevention and Control of Pollution) Act,
1981 or by the Central Government under Section 5
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 4 of 4
of the Environment (Protection) Act 1956, shall
stop functioning/operation with immediate effect.
(6) The Delhi Development Authority through its
Vice Chairman and Commissioner (Planning), the
Delhi Municipal Cor-
361
poration through its Commissioner, Faridabad
Complex Administration through its Chief
Administrator, Director Town and Country Planning
Department, Haryana Deputy Commissioner,
Faridabad, Haryana Urban Development Authority
through its Commissioner/Chief Executive, Central
Pollution Control Board through its Member
Secretary, Central Government under the Environment
(Protection Act) 1986 and the Commissioner Police
Delhi are directed to ensure the compliance of our
above orders.
(7) The officers of the Town and Country Planning
Department, Government of Haryana, who were present
in Court, informed us that a new "crushing zone"
has been approved at village Pali and the lay out
Plan has been prepared and is in the process of
demarcation by the Haryana Urban Development
Authority. The said "crushing zone" has been set
up with the object of rehabilitating the existing
stone crushers who are being stopped from
functioning as a result of our orders. We,
therefore, direct the State of Haryana through the
Director, Town and Country Planning Department,
Haryana, Chandigarh, the Chief Administrator,
Faridabad Complex Administration, the Deputy
Commissioner, Faridabad and the Haryana Urban
Development Authority to demarcate, and allot the
sites to the stone crushers mentioned in paras
1,2,4 and 5 above by draw of lots or by any other
fair and equitable method. We further direct these
authorities to provide additional land in or around
the "crushing zone" if there is not sufficient land
in the said zone to accommodate all the stone
crushers affected by our orders. This exercise
shall be completed and plots offered to the stone
crushers within a period of six months from today.
The Director, Town and Country Planning Department,
Haryana, Chandigarh is further directed to send a
progress report to the Registry of this Court
before July 31, 1992 in this respect.
(8) We make it clear that our orders contained in
paras 1,2,4 and 5 above are in absolute terms and
are not dependent or consequential to our
directions in para 7 above.
362
We are not finally disposing of the writ petition at
this stage and we keep it pending for the purposes of
monitoring the above directions. To be listed on August 5,
1992.
The copies of this order be sent to all the Authorities
mentioned in paras 6 and 7 above within two days.
N.P.V. Reasons to follow.
363