M.C. MEHTA ETC. ETC.versusUNION OF INDIA AND OTHERS ETC. ETC.

                             M.C. MEHTA ETC. ETC.                                   A
                                           v.
                 UNION OF INDIA AND OTHERS ETC. ETC.

                                   MAY 15; 1992

                 [KULDIP SINGH AND K. RAMASWAMY, JJ.J                               B

           Constitution of India, 1950:

           Article 32--Environmenta/ and air pollution-:-Contor/ of-Operation of
     mechanical crusherr-Stoppage of-Allotment of sites in the newly set-up         C
--   crushing wne-Directions issued.

            Writ Petitions were filed before this Court, challenging the action o~
     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, D
     their families living at the site as well as people living in the villages
     bordering Haryana were suffereing 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 pollu-
     tion, and provide necessary medical facilities to the affected persons.       E

           Giving directions, reasons for which to be followed later, this Court,

            HELD : 1. Environmental changes are the inevitable consequence or'
     industrial development in our country, but, at the same time the quality
     of environment cannot be permitted to be damaged by polluting t.he Air, F
     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 G
     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 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 ' H
                                          357
    358                   SUPREME COURT REPORTS                (1992) 3 S.C.R.

A established/operating in Lal Kuan, Anand Parbat, Rajokri, Tughlakabad
   and in any other area of Union territory of Delhi and also in Suraj Kund,
   Lakhanpur, Lakkarpur, Kattan, Gurukul, Badkhal, Pallinangla, Saraik-
   haja, Anangpur and Ballabgarh areas of Haryana should stop operat-
   inwfunctioning 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
B 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-
C 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 functioninwoperating with immediate effect; (c) the
  authorities concerned should ensure compliance of these orders; and (d) the
                                                                                  -
  authorities concerned of the State of Haryana should demarcate, and allot
D 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
E 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 we.re filled by the owners/proprietors
F of stone-crushers in the Delhi High Court and which have been directed
    to be transferred to this Court are dismissed. [360 E]
                                                                                  --
          ORIGINAL JURISDICTION : Writ Petition (C) No. 4677 of 1985.

          (Under Article 32 of the Constitution of India).
G
                              WITH

          T.C.(C) No. 75-89/91 W.P.(C) No.521/87 T.P.(C) No. 245-50/91.

H         M.C. Mehta Petitioner-in-person.
-,


                               M.C. MEHTA v. U.0.1.                          359

            Satish Chander, Hardev Singh, P.N. Duda, B.R.L. Iyengar, P.P. Rao,' A
      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.Srid-
      haran, Ms. Indu Malhotra, P.K. Jain, ts. Goyal, Dr. A.M. Singhvi, R.
      Sasiprabhu, Ms. Anil Katiyar and B.Y. Kulkarni for the appearing parties.
                                                                                'B

            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 ' C

---   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
      (Regul~tions and Development) Act, 1971, The Development Plan for the ,D
      Faridabad-Ballabgarh Controlled Areas published in the Haryana Govern-
      ment 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 E
      submitted detailed written arguments which we have taken into considera-
      tion. We have given our thoughtful consideration to the various arguments
      advanced by the learned counsel for the parties.

             We are conscious that environmental changes are the inevitable        F
      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 Committ~e have been wholly         G
      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, mqst polluted and unhealthy
      city as per a study conducted by the World Health Organisation. Needless     H
    360                   SUPREME COURT REPORTS                   (1992] 3 S.C.R.

A 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:-

B                (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/function-
                 ing with ~ffect from August 15, 1992. No stone crusher shall
                 operate in the Union territory of Delhi from August 15, 1992
                 onward.
c
                 (2) The Itlechanical 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
D                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.
E
                 (4) The stone crushers in the Union territory of Delhi/
                 Faridabad-Ballabgarh Complex which do not have valid licen-
                 ces from the Authorities under the Delhi Municipal Corpora-
                 tion Act 1957/Faridabad Complex Administration (Regulations
                 and Development) Act 1971 or from any other authority which
F                the law requires, shall stop functioning and operating with
                 immediate effect.

                 (5) The stone crushers, in respect of which closure-or-
                 ders/directfons have been issued by the Central Pollution Con-
G                trol 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 195~,.shall stop
                 functioning/operation with immediate effect.

                 (6) The Delhi Development Authority through its Vice Chair-
H                man and Commissioner (Planning), the Delhi Municipal Cor-
    -(


                      M.C. MEHTA v. U.0.1.                          361

         poration through its Commissioner, Faridabad Complex Ad- -A
         ministration through its Chief Administrator, Director Town
                                                                          1


         and Country Planning Department, Haryana, Deputy Commis-
         sioner, Faridabad, Haryana Urban Development Authority thr-,
         ough its Commissioner/Chief Executive, Central Pollution Con- ·
         trol Board through its Member Secretary, Central Government
         under the Environment (Protection Act) 1986 and the Com-
                                                                         B
         missioner Police Delhi are directed to ensure the compliance •
         of our above orders.

         (7) The officers of the Town and Country Planning Depart-

-        ment, Government of Haryana, who were present in Court, · C
         informed us that a new "crushing zone" has been approved at
         village Pali and the lay out Plan has been prepared and is in
                                                                              1




         the process of demarcation by the Haryana Urban Develop-
         ment 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, Chan-
         digarh, the Chief Administrator, Faridabad Complex Adminis-
         tration, the Deputy Commissioner, Faridabad and th!! Haryana
         Urban Development Authority to demarcate, and allot the sites 'E
         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 '.F
         our orders. This exercise shall be completed and plots offered
         to the stone crushers within a oeriod 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.                         a
    362                  SUPREME COURT REPORTS                   [1992] 3 S.C.R.

A          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.