Holding

Industries classified as H‑a and H‑b under the Delhi Master Plan are prohibited from operating in Delhi and must be shut down and relocated to the NCR, with statutory assistance and protection of workers' rights.

Summary

The Supreme Court examined the Delhi Master Plan (2001) under the Delhi Development Act, 1957, which categorises hazardous, noxious, heavy and large industries (H‑a and H‑b) as prohibited in Delhi and mandates their relocation within three years. The Court found that 168 such industries continued to operate illegally, despite statutory obligations of the Delhi Administration to prepare lists and issue notices. It held that the authorities had failed to enforce the Master Plan and that the industries must cease operations in Delhi by 30 November 1996 and relocate to industrial estates in the National Capital Region. The Court also directed the National Capital Region Planning Board and the four NCR states to provide all necessary assistance, including priority allocation of land and incentives. Further, it protected the rights of workers by ensuring continuity of employment, payment of wages during the transition, and compensation for those retrenched, invoking the Industrial Disputes Act. The petition was disposed with comprehensive orders for closure, relocation, and worker welfare.

Issues considered

The legality of continued operation of hazardous, noxious, heavy and large industries in Delhi contrary to the Master Plan provisions.
Whether the Court can compel the closure and relocation of such industries under the Delhi Development Act, 1957.
The statutory duties of the Delhi Administration and the National Capital Region Planning Board to identify, notify and facilitate relocation of the identified industries.
The applicability of the Industrial Disputes Act, 1947 to protect workmen employed by the industries slated for relocation.
The permissibility of directing the use of vacant industrial land in the NCR for the relocated units.

Legislation cited

Delhi Development Act, 1957s. Section 11A(2)
Factories Act, 1948
Industrial Disputes Act, 1947s. Section 25B, s. Section 25F(b)
National Capital Region Planning Board Act, 1985

Subjects

environmental lawpollution controlindustrial relocationDelhi Master Planhazardous industriesworkers' rightsNational Capital Regionpublic healthstatutory duty

Judgment

M.C. MEHTA A
v.
UNION OF INDIA AND ORS.

JULY 8, 1996

[KULDIP SINGH AND FAIZAN UDDIN, J.J.] B

Delhi Development Act, 1957

S.11A(2}-Master Plan for Delhi-Shifting of hazardous/noxious/
heavy/large in1ustries from the city of Delhi-Held 168 indust1ies mentioned
in the order cannot be pennitted to operate and function in Delhi-The
c
indust1ies shall stop functioning and operating in the city of Delhi w.e.f
30.11. 199(r-National Capital Region Planning Board shall render all assis-
tance to the industlies in the process of relocation-Directions protecting the
interests of workmen given--Use of land which would become available on
shifting/relocation of industlies pem1itted in toms of orders of the Court dated D
10.5.1996:*

Environn1ental Law

Pollution caused by hazardous/noxious indust1ies-Shifting of in-
dustlies from city of Delhi-Directions given by Cowt. E
*Order dated 10.5.1996 passed by this Court in I.A. No. 22 filed in
Writ Petition No. (C) 4677/85.

CIVIL APPELLATE JURISDICTION Interlocutory Applica-
~ ll F
IN

Writ Petition (C) No. 4677 of 1985.

(Under Article 32 of the Constitution of India.)
G
Petitioner-in-person and Ms. Seema Mirdha, Arnn J aitly, Swaraj
Kaushal, H.N. Salve, Anil B.Diwan, Gopal Subramainan, N.N. Goswami,
S.B. Sanyal, Ms. Shirla Sethi, D.N. Goburdhan, Ms. Geeta Luthra,
Saharaya & Co., R.K. Maheshwari, R.S. Suri, Ms. Hamantika Wahi, S.
Sukumaran, R. Khranjwala, Ravindra Narain, Sumeet Kachwaha, Punit H
49
50 SUPREME COURT REPORTS [1996] SUPP. 3 S.C.R.

A Singh. Bimal Ray, Ramji Srinivasan, .T. D. Dadachandji, T.C. Sharma,, Ms. •
Sushma Suri, Ranjan Mukherjee, Ramesh Babu, M.R. for the appearing
parties.

The following Order of the Court was delivered :

B The Master plan for Delhi 1962 (MPD - 62) was prepared and
enforced under the Delhi Development Act, 1957 (the Act). At that point
of time it was realised that the solution of the impending problems of the
National Capital could only be found in regional context and as such the
MPD - 62 recommended that a statutory National Capital Region Planning
Board should be set up for ensuring-balanced and harmonised develop-
c ment of the region. The National Capital Region Planning Board Act, 1985
(Capital Region Act) came into force on Februaryll, 1985. The National
Capital Region Plan - 2001 (the Regional Plan) was published as a statutory
document. In the words of the then chairperson, National Capital Regjon
Planning Board, the purpose sought to be achieved by the Regional Plan
D was as under :

"The two important goals lo be achieved by the Regional plan arc
a balanced and harmoniously developed region, leading to disper-
sal of economic activities and immigrants to Delhi, thereby leading
to a manageable Delhi. This is to be achieved by the progressive
E deconcentration of population and economic activities in the
Region and their judicial dispersal to various priority towns as
identified in the Plan. The Plan, i; a framework of policies relating
to population distribution, settlement system, transport and com-
munications, physical and social infrastructure, regional land use,
F environment and eco- development, n1anagement structure for
Plan implementation and counter magnet areas for development.
The focus of the plan is Delhi whose extraordinary growth has put
great pressure on its essential services and civic facilities. It is
expected that a vigorous implementation of the policies contained
in the plan would help maintain the quality of life of our National
G
Capital."

The National Capital Region constituted under the Capital Region Act
inclucjes the union territory of Delhi and parts of the States of Haryana,
Rajaslhan and,Utlar Pradesh. Under the Regional Plan, three policy zones
H have been identified. Apart from union territory Delhi (Delhi) the "ring
M.C. MEHTA v. U.O.l. 51
;
towns" namely, Faridabad, Ballabagarh, Gurgaon, Bahadurgarh and A
Ghaziabad, came to be known as Delhi Metropolitan Area (DMA) with
Delhi as the core. The Delhi and the DMA are identified as two distinct
zones. The area beyond the DMA upto the National Capital Region (NCR)
boundary which is predominantly rural stands out as the third zone dis-
tinctly different from the other two. It would be useful to quote the relevant B
part of para 2.1 of the Regional. Plan :

'The prime objective of the Regional Plan is to contain Delhi's
population size within manageable limits at least by the turn of the
Century. As a strategy, after evaluating various alternative
scenarios for development, it has been realised and recognised C
that, in order to save Delhi from population explosion, it is neces-
sary to moderate the growth in the areas around it... ........ The
preliminary studies clearly concluded that economic activities with
potential for large scale employment should necessarily be located
outside the DMA, preferably at a distance which discourages daily D
interaction with Delhi. Thus, on the basis of these criteria, the
zones which came out distinctly arc Delhi UT, the DMA excluding
Delhi UT and the area beyond DMA within NCR, for effective
application of the policies and implementation of proposals with
a vie\v to achieve a n1anageable Delhi and an harmoniously
developed Region." E

Delhi is recording heavy population growth since 1951. As the city grows,
its problems of land, housing, transportation and management of essential
infrastructure like water supply and sewage have become more acute. Delhi
is one of the most polluted cities in the world. The quality of ambient air F
is so hazardous that lung and respiratory diseases are on the increase. The
city has bccon1e a vast and unmanageable conglo1neration of commercial,
industrial, unauthorised colonies, rcsettle111ent colonies and unplanned
housing. There is total lack of open spaces and green area. Once bcautiful
city, Delhi now presents a chaotic picture. The only way to relieve the
capital city from the huge additional burden and pressures, is to de-con- G
ccntrate the population, industries and economic activities in the city and
relocate the same in various priority to\vns in the NCR.

.. The Master Plan for Delhi-perspective 2001 (the Master Plan) as
approved by the Central Government under Section 11A(2) of the Act was H
52 SUPREME COURT REPORTS [1996] SUPP. 3 S.C.R.

A published in the Gazette of India on August 1, 1990. The question for '
consideration, before us, is whether the hazardous/noxious/heavy/large in-
dustries operating in Delhi are liable to be shifted/relocated to other towns
in the NCR?

The relevant part of the Master Plan is as under :
B
"HAZARDOUS AND NOXIOUS INDUSTRIES

Refer annexure III H (a).

(a) The Hazardous and noxious industrial units are not permitted
c in Delhi.

(b) The existing industrial units of this type shall be shifted on
priority within a maximum time period of three years. Project
report lo effectuate shifting shall be prepared by the concerned
D units and submitted to lhe Authority within a maximum period of
one year.

( c) ......................................................... ..

( d) Action shall be taken by Delhi Administration to prepare a list
E of individual noxious and hazardous industrial units to be shifted
and depending on the pollution/hazard, administration may force
these industrial units to shift within a maximum prescribed period
of three years.

HEAVY AND LARGE INDUSTRIES
F
Reier Annexure llI H (b)

(a) No new heavy and large industrial units shall be permitted in
Delhi.
G (b) The existing heavy and large scale industrial units shall shift to
Delhi Metropolitan Area and the National Capital Region keeping
in view the National Capital Region plan and National Industrial
Policy of the Govt. of India ............................ .

H (c) .............................................. .
M.C.MEHTA v. U.0.1. 53

(d) Modernisation of heavy and large scale industrial units shall A
be permitted subject to the following conditions:

(i) It will reduce pollution and traffic congestion.

(ii) Whenever the unit is asked to shift according to the policies
of the plan, no compensation shall be paid for assets attained B
because of modernisation."

It is thus obvious that under the mandatory provisions of the Master
Plan the hazardous and noxious industrial units [H(a) industries) are not
permitted to operate in Delhi. So far as the existing H (a) industries are C
concerned, they were required to be shifted within a maximum prescribed
period of three years. The Master Plan came into force in August, 1990.
H(a) industries should have been shifted by the end of 1993. It is unfor-
tunate that no action in thi., respect was taken by the authorities concerned.
The industries were required to prepare and submit the project reports lo
effectuate shifting. This was to be done within one year of the coming into D
force of the Master Plan. None of the H(a) industries submitted the
required project reports within the statutory period of one year. We have
no hesitation in holding that the H(a) industries are operating in Delhi
illegally and· in utter violation of the mandatory provisions of the Master
Plan. Delhi Administration was under a statutory obligation to prepare a E
list of H(a) industries. No such list was prepared within the statutory period
of three years. It was only under the directions of this Court that the
necessary lists were prepared.

There is no doubt that the H(a) industries have been operating in
Delhi illegally during the last about three years. They must stop operating F
in Delhi and relocate themselves to some other industrial estate in the
NCR. We arc further of the view that the concerned officers of the Delhi
Administration arc equally responsible for continuous illegal operation of
the H( a) industries in the city of Delhi. The Chief Secretary, Delhi Ad-
ministration shall hold an inquiry and fix the responsibility of the of- G
ficers/officials who have been wholly re-miss and negligent in the
performance of the statutory duties entrusted to them under the Master
Plan.

The Master Plan provides that "no new heavy and large industrial
units shall be permitted in Delhi". Heavy and large industries have been H
54 SUPREME COURT REPORTS [1996] SUPP. 3 S.C.R.

A categorised as H(b) under the Master Plan. It is further provided that the
•
existing H(b) industries shall shift to DMA and the NCR keeping in view
the Regionn! Plan and the National Industrial Policy of the Government of
India. Although no period has been prescribed for the shifting of these
industries but in the absence of any ;ueh provision the shifting has Io be
done within a reasonable time. Period of six years from August 1990 when
B
the Master Plan came into force, is more than reasonab!c period for these
industries to shift from Delhi. Some of these industries have, during the
course of arguments, offered for modernisation and abo for conversion
from polluting to non- polluting industries. The offers are simple ipse-dixit
with no material. We are nol impressed by the offers made by these
c industries al this !ale stage .. They should have modernised or changed the
process of manufacture during the six years they have been operating in
violation of the Master Plan. We therefore, reject these offers.

It may be mentioned that H (a) and H(b) type of industries have been
indicated in Annexure lll lo the Master Plan.
D
This Court has been monitoring this 111attcr since January, 1995. On
March 24, 1995 this Court took notice of the growing pollution in Delhi in
the following words :

E A very grim picture emerges regarding increase of pollution in
11

the city of Delhi from the two affidavits filed by Sh. D.S. Negi,
Secretary (Environment), Govt. of Delhi. He has pointed out that
population of Delhi which was about 17 lakhs in 1951 has gone up
to more than 95 lakhs as per the 1991 census. In fact, more than
F 4 lakh people are being added to the population of Delhi every
year out· of which about 3 lakh are migrants. Delhi has been
categorised as the fourth most polluted city in the world with
respect to concentration of Suspended Particulate Malter (SPM)
in the ambient atmosphere as per World Health Organisation
Report, 1989. From NEERI's annual report (1991) it is obvious
G that the major contribution, so far as air pollution is concerned, is
of the vehicular traffic but the industries in the city are also
contributing about 30% of the air pollution. So far as the discharge
of effluent in Yamuna is concerned, the industries are the prime
contributors apart from the MCD and NDMC which are also
H discharging se\vage directly into river Yamuna. 11
M.C. MEHTA v. U.0.1. 55

.• On the same day this Court directed the Central Pollution Control Board A
to issue notices to the industries in the following words:

"We direct the Central Pollution Control Board (hereinafter
referred to as 'the Board') through its Member Secretary to issue
individual notices to all these 8378 industries indicating therein the B
fact that they are polluting industries and arc operating in non-
conforming areas in violation of the Delhi Master Plan formulated
under the Delhi Development Authority Act, 1957, Delhi
Municipal Corporation Act, 1957 and the Factories Act, 1948. The
first Master Plan for Delhi was formulated in 1962 and the second
Master Plan called the MPD 2001 came into force on August l, C
1990. Needless lo say that Master Plan provides setting up of
industries only in conforn1ing areas i.e. the industrial areas ear-
marked for that purpose. The individual notices shall also indicate
that these industries have to stop functioning in the city of Delhi
and be re-located elsewhere. ll may also be stated in the notices D
that if for the purposes of relocation the industries require any
help from any Government Department/Agency, they may file their
objections in that respect before the Secretary, Environment, Delhi
Administration.
'
The individual notices shall be issued by the Board to all these E
industries before April 30, 1995. Apart from individual notices a
public notice in this respect in two English dailies and two ver-
nacular dailies shall also be published in the third week of April,
1995. We further direct the Doordarshan and All India Radio to
make announcement in this respect on three consecutive days in F
the last week of April, 1995. Mr. Altaf Ahmad, learned Additional
Solicitor General has agreed to give the language of the notice
which is to be announced by the Doordarshan and All India Radio.

Annexure R-2 to the additional affidavit contains a list of 256 G
hazardous and noxious units \vhich are operating in conforming
areas. Similarly, the industries listed in Annexure R- 3 and R-4 are
also air polluting and water polluting industries. According lo the
master Plan and the provisions of la\v mentioned above these
industries have also to be re-located. We direct the Member
Secretary, Central Pollution Control Board and other authorities H
56 SUPREME COURT REPORTS [1996] SUPP. 3 S.C.R.

A to treat these units similarly as the 8378 units which are to be dealt •
with and similarly notices to these units shall also be issued.

The industries concerned, within 15 days, from the receipt of the
notices shall file their objections,
. .
if anv, before the Secretary Environment,
Delhi Administration. We further give liberty to the industries concerned
B to approach this Court, if they deem it necessary for any assistance for the
purposes of re- location."

It is thus obvious that as back as March/April, 1995 the polluting
industries in Delhi were approached through indh;dual notices, public
c notices in the newspapers, through Doordarshan and All India Radio and
were asked to relocate themselves. This Court offered all assistance to the
industries in the process of re-location. There \Vas no response at all fro111
the industries.

This Court on May 8, 1995 gave further time to those industries who
D
had not filed objections till that date. On May 10, 1995 this Court directed
the Secretary Urban Development Department, Government of India to
indicate by way of an affidavit as· to which of the industrial estates in NCR
are available for relocation. This Court passed the following order :

E "Mr. M.C. Mehta, the petitioner states that under the National
Capital Region Act, 1985, a Board called National Capital Region
Planning Board has been constituted. The Union Minister for
Urban Development is the Chairman of the Board. It is further
stated that under the Regional Master Plan 2001 prepared under
F the National Capital Region Planning Board Act, 1985, the in-
dustrial areas have been earmarked in various regions. We are in
the process of dealing with 9000 odd industries operating in the
non-conforming areas of Delhi. May be that some of the industries
have to be re-located. We request Smt. Sheela Kaul, the Union
Minister for Urban Development to file an affidavit in this Court
G through the Secretary of the Department indicating as to which
are the industrial areas available for relocating the industries from
Delhi. This may be done within six weeks from the receipt of the
order. The Registry is directed to send a copy of this order lo the
Urban Development Ministry as well as lo the Secretary of the
H Ministry. 11
M.C. MEHTA. v. U.O.l. 57

Pursuant to the order dated May 10, 1995 (quoted above) Secretary, A
Department of Urban Development,' Government of India filed in this
Court details of the vacant industrial areas in the industrial estate at
Ghaziabad, Naida, New Noida, Bullandshahr, Mcerut, Rajasthan sub-
division and Haryana. This Court by the order dated August 3, 1995
directed the Delhi Administration and the Central Pollution Control Board
B
to display the details of the industrial estates where industrial plots were
available for relocation in their respective offices. The Central Pollution
Control Board was directed to publish a notice in two daily newspapers
bringing it to the notice of the industries that industrial plots in various
industrial estates were available for relocation. It was also directed that
necessary assistance shall be rendered to all those industries who wish to c
relocate themselves. It is unfortunate that despite several notices by this
Court only three industries offered to relocate themselves. This Court on
August 25, 1995 directed that the H category industries be dealt with
immediately for the purpose of relocation. This Court passed a detailed
order in the following terms: D
"Pursuant to this Court's orders dated March 24, 1995, May 8, 1995,
May 10, 1995 and 3rd August, 1995, affidavits have been filed, as
directed by us in these orders. Mr. D.S. Negi, Development Com-
missioner-cum-Secretary (Envt), Government of India, has filed an
E
affidavit dated August 23, 1995. It is stated in the affidavit that out
of 9164 industries, 2224 have filed objections. 1557 industries are
operating in non-conforming use zones. It is further stated that out
of these, 170 industries falling under 'H' category (Highly Pollut-
ing) need to be re-located out of the National Capital Territory of
Delhi, as per the provisions of Master Plan 2001. It is further stated F
that 1387 industries which belong to groups F, G, D, C, E and B
also require re-location within the National Capital Territory of
Delhi in conforming use zones in a phased manner as stipulated
in the Master Plan 2001.
G
Mr. Negi has also invited our attention to the fact that some of
the Federations representing the industries which did not file
objections, have approached the Chief Minister of Delhi, request-
ing him to request this Court to give one more opportunity to these
industries to file their objections to the notices which were issued H
58 SUPREMlo COURT REPORTS [1996] SUPP. 3 S.C.R.

A and served on these industries pursuant to this Court's order. As
suggested by Mr. Altaf Ahmed, Additional Solicitor General we
direct that the industries which have not fried objections till date
may do so within 3 weeks from today ........... Mr. Negi has also
stated in the affidavit that during the last two decades the city of
B Delhi has witnessed tremendous changes in the industrial profile,
and as a result, as at present, it is estimated that there. are 93,000
industries which arc operating in Delhi and majority of these
inJustries are in non-conforming use zones. The copies of the
volumes containing objections of various industries have been given
lo Mr. Mehta & Mr. Ranjit Kumar, learned counsel appearing in
c these n1atters.

Dr. S.P. Chakrabarti, Member Secretary of the Central Pollu-
tion Control Board has also filed affidavit dated August 25, 1995.
It is stated that the Board has published a public notice invitiirrg
D au industries operating in non-conforming use zones in the ter-
ritory of Delhi, to give their options to shift to the available
industrial plots in the industrial estates of Ghaziabad, Buland-
shahar, Meerut, Rajasthan Sub-division and Haryana. Copies of
public notice have been annexed along with the affidavit. It may
E be mentioned that prior to the notice, individual notices were
issued and served upon all the industries. Mr. Panjwani, learned
counsel appearing for the Central Pollution Control Board has
informed us that there is very poor response to the public notice
in the sense that only three industrialists out of the 9164 have come
forward to seek assistance for lhe purpose of re-location.
F
Mr. Altaf Ahmed, Additional Solicitor General, Mr. M.C.
Mehta & Mr. Ranjit Kumar, learned counsel state that they will
examine the material placed on the record by the Delhi Ad ..
ministration today and thereafter come with positive suggestion as
G to how this problem is to be tackled. This may be done within two
weeks. To be listed on September 14, 1995, at 2.00 p.m.

We are, however, of the view that the industries which come
in 'H' category are to be dealt with immediately. According to Mr.
H Negi, the details-of such industries is shown in the report consisting
M.C. MEHTA v. U.O.l. 59

of four volumes, submitted by the Delhi Pollution Control Com- A
mittec. We direct the Delhi Polhition Control Committee lo serve
notices to industries ('H' category industries), within two weeks
from today indicating that these.industries shall have to be re-lo-
cated. They be told in the notiqo to give their requirements regard-
ing plot-area etc. to the Committee. The industries may further B
indicate any other assistance they require from any of the
authorities for the purpose of re-location. The· industries shall give
their response lo the notice within two weeks of the receipt of the
notice. The Committee shall thereafter examine the requirement
of each of the industries and submit a report to this Court four
\Veeks thereafter. Hie 111ake it clear that so far 'H' catego1y industries
c
are conce11ied, there is no alte111ative but to relocate then1 outside
Delhi. We reiterate that all these i11dust1ies shall be provided with
proper assistance by the Delhi Adnzinistration and all other Gove111-
n1ents/Gove11unental Autho1ities, in the process of re-location.
D
So far as 'H' category industries are concerned, the matter to
come up on 3rd November, 1995. The said industries shall be heard
and final order passed."

By various orders passed and notices issued by this Court from time E
to time, the 'H' category and polluting industries in Delhi were told in clear
terms that they cannot operate in the city and they must relocate to other
industrial estates in the NCR. These industries were repeatedly offered all
assistance and incentives in the process of relocation. Again on September
22, 1995 this Court passed the following order : F

"We are of the view that to control pollution in the town of Delhi
is the sole responsibility of the Delhi Pollution Control Committee.
It is high time that the Committee should realise its responsibility,
we are all assisting the Committee to perform the job which has G
been entrusted to it under the law. The Committee may adopt any
method to complete the necessary survey and place before this
Court a complete list of hazardous industries within six weeks from
today. Meanwhile, the Delhi Pollution Control Committee has
placed before this Court additional list of 341 industries, which
according to the Committee can be categorised as 'H' industries. H
60 SUPREME COURT REPORTS [1996] SUPP'. 3 S.C.R.

A We direct the Committee to issue individual notices to all these •
industries in similar terms as directed by this Court in the order
dated August 25, 1995. This shall be done within 10 days from
today.

The matter lo come up on 3rd November 1995 for further
B directions. We make it clear that all the 'H' category industries to
whom notices have been issued will have liberty to address this
Court on November 3, 1995."

On November 15, 1995 the Delhi Pollution Control Committee
c (Committee) filed a list of the industries which were categorised as H(a)
and H(b) . Far from agreeing to relocate, the industries even challenged
the categorisation done by the Committee. They wanted further oppor-
tunity in the matter. This Court passed the following order :

D "Mr. Altaf Ahmad, learned Additional Solicitor General has in-
vited our attention to the three compilations filed by him in this
matter. He has filed a compilation dated November 3, 1995 con-
sisting of 708 hazardous/noxious/heavy and large industries in the
city of Delhi. Apart from that there are 341 industries of similar
category listed in the compilation dated September 22, 1995. In
E the third compilation (green colour) date,d August 23, 1995, 171
industries of the same category are listed. There are, thus, 1220
hazardous/noxious/heavy and large industries as listed in these
compilations. Mr. P.N. Lekhi, Mr. H.N. Salve and various other
learned counsel have raised an objection that the industries they
F represent do not come within the category of hazard-
ous/noxious/heavy and large industries. We, therefore, give liberty
to the industries who wish to represent against their tentative
categorisation to file objections before the Central Pollution Con-
trol Board (Board) within one week from today. The Board shall
further indicate as'to which of the industries are 'H'(a) and '!-['
G {b) categories as defined in the Master plan 2001. Mr. Lekhi has
suggested that since the expertise to find out whether an industry
is in conforming or non conforming area is with the DDA it would
be better that an officer of the DDA should be associated with the
Board for this purpose. We agree with the suggestion and request
H Mr. P.C. Jain, Additional Commissioner of Planning, DDA to
M.C.MEHTA v. U.0.1. 61

associate with the Central Pollution Control Board as a specialist A
to indicate whether an industry is in the conforming or non-con-
forming area. He shall associate with the Central Pollution Control
Board from November 17, 1995. We further make it clear that if
necessary the Board may hear the industry and in case it is further
necessary an officer or official of the Board may visit the industry B
for on the spot verification. We make it clear that the categorisa-
tion made by the Board shall be final subject to modification by
this Court.

Mr. F.S. Nariman, .learned senior counsel appearing for M/s.
Birla Textiles & M/s. Shriram Industrial Enterprises Ltd. along C
with Mr. Ramji Srinivasan, learned cou.nsel appearing for M/s.
DCM Silk Mills and Mis. Swatantra Bharat Mills state that the
industries are willing to relocate themselves. So far as M/s. Birla
Textiles are concerned, it is stated that the alternate land has
already been identified in the State of Himachal Pradesh and the
industry is willing to shift within a reasonable time. These industries D
may file their relocation schemes by placing a short note before
this Court by next Tuesday. The scheme filed by these industries
shall indicate the manner in which they are going to deal with the
workmen and their consequent problems. Mr. Altaf Ahmad states
that he would give his response to the relocation schemes within E
three days thereafter. We request Mr. Altaf Ahmad to further seek
instructions from the Delhi Administration regarding possibility of
extending various concessions to those industries which are to be
, relocated.u

On November 30, 1995 Mr. Omesh Saigal, Member Secretary, National F
Capital Regional Planning Board was present in Court. He placed on
record a note regarding the relocation of industries. He stated that the
Board has at its disposal 5000 acres of land in various parts of the NCR.
The Board is in the process of acquiring three hundred thousand acres of
land in addition. According to him the Board has enough industrial plots G
to offer to the industries which are to be relocated from Delhi. He offered
plots even upto 100 acres or more for heavy and large industries.

The note dated December 1, 1995 placed on record by Mr. Saigal
indicates the NCR policy measures regarding dispersal of industries and
further implementation of the said policy. The salient features of the note H
62 SUPREME COURT REPORTS [1996) SUPP. 3 S.C.R.

A are as under : •
"Implementation of NCR Policy measures regarding dispersal of
industries:

This involves a number of steps :
B
I Making alternate sites available to the industries for relocation.

The broad recommendations of the Planning Committee were as
under :

c (a) For locating the industries at new sites :

(i) If the industries were non polluting, they could be accom-
modated in the regular planned industrial areas/Estates/Zones
already developed or being developed in the NCR by the con-
cerned authorities of the respective States.
D
(ii) In case of industries currently listed as polluting/hazardous.

When these industries arc set up at their new location and they
,.
improve their technology and if they no longer remain polluting
and hazardous, they can be located in regular planned indu:;trial
E areas.

If such industries continue to remain polluting, special in-
dustrial zones could be created so that they do not adversely affect
the Jiving environment in the vicinity and such industrial zones to
have special infrastructure facilities to take care of the pollutants
F
and provide protective belts around them to mitigate the effect of
polluting effluents, smoke, gases, noise etc., and any accidential
release thereof.

(b) The land will be allocated to the shifting units on priority and at
G pi·e-detennined rates, taking into consideration theirfurtller neer}s for
expansion and 111oden1isation.

(e) For heavy industries requiring large sites; additional land may
be acquired where necessary.

H (d) Upon their relocation, the units will be treated as new units qnd
M.C. MEHTA v. U.O.J. 63

provided all facilities as per indusuial policy of the State. A

· (e) Additional back up facilities such as employee housing etc.,
may be provided wherever necessary.

(f) The NCR Planning Board can provide loan assistance to the
State Governn1ent/their agencies for creation and development of B
such industrial areas.

III. the restrictions which may be imposed by Delhi Finance
Corporation on the units who have taken loan from them.

The State Finance Corporations where the units are going to c
be relocated to take the loan responsibility of tJ-:c shifting units
financed by DFC, for which an agreement/MOU to be reached
between Delhi and the Stale Financing Corporations with the
concurrence of the appropriate re-financing appex bodies. For
financing the creation of new assets for the shifted units, the State D
Finance Corporations to take responsibility as per the existing
practice invogue.

IV. Permission required under the Industrial Dispute Act from the
State Government, Department of Labour and Employment.
E
The Department of Labour and Employment GNCT-Delhi to sort
out the problems with regards to the existing labour in these
industries.

V. Problems relating to shifting of labour lo the ,;ew relocated sites
outside Delhi in the NCR. F
The above proposals are to be made applicable to those units
which locate themselves in the NCR itself, so that in their relocal '1
position, they generate economic activities in the priority lo\vns of
NCR to provided employment opportunities for the detlectcd G
population. To ensure this we must dovetail them with the plan of
shifting.

Since the NCR towns are within the Commuting range of Delhi
and each other, the labour can either shift to the ne\v sites or at
least caL keep commuting till they finally shift to the new place. If H
64 SUPREME COURT REPORTS [1996] SUPP. 3 S.C.R.

A the industries are taken too far away outside the region, they will
neither help in the development of the region nor be able to help
in the shifting of the labour force to the new site.

VI. Setting up of a single window to facilitate relocation of in-
dustries.
B
The matter was discussed in the Parliamentary Consultative Com-
mittee attached to the Ministry of U .A. & E. held on 22.08.95 and
the following decision was taken:

In order to facilitate shifting of industries from Delhi, it is
c necessary that a unified single agency be formed consisting
of all the participating States to act as a nodal agency to sort
out all the problems of such industries ranging from th_e use
of their vacated land to their establishment at new sites."

D It would be useful at this stage to quote the provisions of the Master !Plan .
under which the shifting industries are entitled to suitable incentives.

"GENERAL CONDITIONS

(i) In allocating new industrial plots, which have been recom-
E mended for shifting will be given priority by the Authority by
offering plots to the industrial units pr.ior to shifting.

(ii) Suitable incentives would be provided to the shifting of
industries.

F (iii) Ad lzoc licencing to industrial units shall be discontinued."

There is on record an affidavit filed by Mr. C.D. Tripathi on behalf
of Department of Urban Development, Ministry of Urban Affairs and
Employment, Government of India giving following details of vacant in-
G dustrial areas in the NCR :

"Details of Vacant Industrial Areas
No. of Plots Area
U.P. Sub Region
vacant (In acres)
GHAZIABAD
H
M.C. MEHTA. v. U.0.1. 65

1. B.S.R. Road A
33 30.78
2. Loha Mandi 5.39
83
3. S.S.G.T. Road 20 8.11
4. Loni Road Site-II 43 832.00
5. Meerut Road Site-III 25 11.27
6. Sahibabad Site-IV 64 40.74 B
7. Kavi Nagar, Sector-17. 1 0.59
8. Udyog Kunj 56 13.82
9. Greater Noida 30 200.00
10. UPSIDC (Greater Naida) 563 155.80
11. Naida Phase-II+ Extn. 37 29.70
12. Naida Phase-Ill
18 5.00 c
BULANDSHAHAR
13. Sikanderabad 325 250.36
14. Gopalpur 129 29.63
15. Khurja 4 0.79
D
MEER UT
16. Meerut Mahanagar 3287.97
RAJASTHAN SUB - REGION
1. Matsya Industrial Area
Al war
E
33 33.10
2. Bhiwadi 2 0.44
3. Neemrana 30 268.00
4. Behror 1 0.12

In addition, land for industrial use is under acquisition in the follow-
F
ing areas.

Location Land under
Acquisition (acres)
1. Matsya Industrial Area, Alwar 485.00
2. Bhiwadi 958.12
G
3. Khushkhera 855.62
4. Neemrana 631.50
5. Behror 11.77
6. Sotanala 1.53.65
Total area under acquisition : 3095.66" H
-,,
66 SUPREME COURT REPORTS [1996] SUPP. 3 S.C.R.

A The material placed before this Court clearly shows that large num-
. ber of plots are available in various industrial estates in the NCR. Some of
the industrial estates are in the MPA. H(a) and H(b) industries can have
no difficulty in selecting a suitable plot for relocation. The allotment of the
plots shall be made on priority basis. We have no doubt that reasonable
incentives, which are normally provided to new industries in new industrial
B
estates, shall be extended to the shifting industries. This Court by the order
dated May 10, 1996 in I.A. 22 (W.P. (Civil) 4677 of 1985) has already
directed and laid-down the manner in which the land which would become
available on account of shifting of H(a) and H(b) industries is to be used.
In. view of the huge increase of prices of land in Delhi, the reuse of the
c vacant land is bound to bring lot of money which can meet the cost of
relocation.

So far as categorising is concerned, this Court has given repeated
opportunities to the industries to place their case before various
authorities. In the first instance the Committee prepared list of H(a) and
D H(b) categories after affording full opportunity to the industries. There-
after, this Court by the order dated December 13, 1995 permitted the
industries to file further objections before the Central Pollution Control
Board (the Board) regarding categorisation. Even after the Board finally
decided the categorisation the industries were not satisfied. This Comt
E gave further opportunity by the follmving order :

"Learned counsel appearing for some of the industries which have
been categorised as hazardous have contended that the industries
have been wrongly categorised as 'H'. It is also stated that similar
industries have been left out of the said categorisation. Mr. Pa11-
F jawani states that he along with technical team shall hear the
objections personally and submit a note to this Court. Mr. P.N.
Lekhi states that he would make the High Court Bar Association
Committee Room available for the purpose. The lawyers may mc1ot
Mr. Panjwani at 4.30 PM on Monday, the 29th January, 1996 in
G lhe Committee room of Delhi High Court Bar Association Com-
n1ittee room.'1

The above exercise was completed and a final list of H( a) and H(b)
industries was placed before this Court.

H We arc of the view that despite the best efforts of the Committee
M.C. MEHTA v. U.0.1. 67

and the. Board, it may not have been possible to identify all the H(a) and A
H(b) industries in Delhi. We shall continue to identify and relocate them.

This Court has given several opportunities to the identified H(a) and
H(b) industries to represent and file objections against their categorisation.
The industries which are being finally dealt with by us have been heard
more than once and after thorough investigation and scrutiny they have B
been categorised as H(a) and H(b).

The Board issued notices to 9164 industries in Delhi to show cause
why they be not directed to shift from Delhi. In response to the notices
2225 objections were filed before the Committee. After considering the
objections and affording opportunity of hearing, 171 units were categorised
c
as 'H' industries under the Master Plan. Subsequently, under the order> of
this Court 24 more industries were permitted to file their objections and
out of which six were declared as 'H' industries. 341 more industries were
identified by the Committee as 'H' industries. Yet another 708 industries
were identified as 'H' category by the Committee. It is thus obvious that D
1226 (171+6 + 341+708) industries were identified as 'H' category in-
dustries. Under directions of this Court, a public notice mentioning all the
1226 industries was published in the Indian Express, Jansatta, Nav Bharat
Times and Times of India dated 19th, 20th and 21st of November, 1995.
Although most of the industries had earlier been given individual notices E
and were heard but despite that in the interest of justice fresh notice by
publication was given to all the 1226 industries.

Out of 171 industries (part of 1226 industries) which were identified
as 'H' category industries, 59 did not file further objections in response to
the public notice. They were earlier heard by the Committee and after full F
investigation were categorised as 'H' industries. These 59 industries 1 in
terms, accepted their categorisation as H industries.

In response to the public notice 433 objections were received (10
objections were duplicate). The objections were considered and the in- G
dustries were heard by the Board. Finally, the Board identified 104 units
as 'H' category industries.

The Board considered objections of the following five industries

-
which are operating in non-conforming areas and came to the conclusion
that they were 'H' category industries : H
68 SUPREME COURT REPORTS (1996] SUPP. 3 S.C:.R.

A "(1) Pritam Singh Hari Singh 31/lA, Street No. 2, Anand Parbat •
Industrial Area New Delhi-5

(2) Bansal Plywood Industry (p) Ltd. 37, Small Scale Cooperative
Industrial Estate Ltd. G.T. Kanral Road., Delhi-33.

B (3) Gupta Industries 150, G-1, Opp. Police Station, Rest House,
Badarpur, New Delhi-44.

(4) Phillips Rubber Industries 299, Gokulpur, Delhi-94.

(5) Phillips Rubber Industries, 626-627, Loni Road, East Gokul-
c pur, Delhi-94

It may be mentioned that Vikas Rubber Oils and Chemical, Mundka,
Delh-41, C.R. Leather, Resalgarden, Nangloi, Delhi and Varun Dychem,
309, Naya Katra, Chandni Chowk, Delhi are the three industrial units which
D' were not included in the list of 1226 industries and as such were not given
public notice. These industries, however, filed objections before the Board
in response to indvidual notices which were considered by the Board and
they were categorised as 'H' industries. These, are included in the list of
104 finalised by the Board.

E The picture which emerges is that 104 units identified by the Board,
59 units earlier identified by the Committee and 5 units which are operating
in non-conforming areas - totalling 168 (104 + 59 + 5) - have been, as at
present, categorised as 'H' industries.

We, therefore, hold that 168 industries listed below are hazard-
F ous/noxious/heavy/large industries and fall in H(a) and H(b) categories
under the Master Plan :

1. Krishna Chemicals, 3481, Gali No. 1, Narang Colony, Tri Nagar,
Delhi-35.

G 2. Delhi Stone Crushing Co. Rajokari, N.D.-38.

3. New Kalkaji Stone Crushing, K. No. 1229, Rajokari, N.D.-38

4. T.R. Sethi & Sons, Rajokari, N.D.-38.

H 5. Ahuja Stone Crushing Co. 1234/9, Rajokari, N.D.-38.
M.C. MEHTA v. U.O.J. 69

..... ' 6. Raj Stone Crushing Co. K. No. 1249, Rajokari, N.D.-38. A

7. Lucky Stone Enterprises, Plot No. 1, Luthra Forms, Rajokari,
N.D.-38.

8. Laxmi Stone Crushing Co. K. No. 1620, V.P. Rajokari, N.D.-38.
B
9. P.S. Sachdeva & Co. K. No. 1237, Rajokari, N.D.-38.

10. Raj Grit Udyog, K. No. 1249, Rajokari, N.D.-38.

11. D.P. Sharma & Co., K. No. 1238, Rajokari, N.D.-38.

12. Jagdish Stone, Rajokari, N.D.-38.
c
13. Neelam Stone Crushing Co., K. No. 1161, 1162, V & PO.
Rajokari, N.D.-38.

14. Bhagirithi Stone Co., K. No. 1234/8, Rajokari, N.D.-38.
D
15. Asha Stone Crushing Co. K. No. 1251, Rajokari, N.D.-38.

16. Glaxi Paints, Shahabad Daulatpur, Delhi-42.

17. Amba Plotteries & Refractories, P.O. Gurgaon Road, N.D.-37.
E
18. Daulat ceramic Ind., P.O. Gurgaon Road, Nangal Dairy, N.
Delhi- 110 037.

19. Delhi Colour of Chemical Inds. 466/6, Aggarwal Gali, Pandara
Road, Mahabir Block, Shahadra, Delhi-32.
F
20. Anup Gupta, Alipur Garh, Narela Road, N.D.-36.

21. Pawan Stone Crushing Co., Rajokari, N.D.-38.

22. Century Colour Inds, 29, Netram Marg, Begampur, Delhi-41..
G
23. Thermal Coating P. Ltd., RZ-718 Prem Ngr, Uttam Ngr. N.D.-
59.

24. Gunjan Gupta, Gupta Stone, Rajokari, N.D.-38.

25. Kulbir Singh, Rattan Singh & Co., Rajokari, Delhi-38. H
70 . SUPREMECOURTREPORTS [1996]SUPP.3S.C.R

A 26. Yadav Bros., Kh. No. 1234/7, Vil!. Rajokari, Delhi-38.

27. Guru Nanak Stone Crushing, Kh. No. 1234/6 Vill. Rajokari,
Delhi-38.

28. Apex Chemi Colours, 232, Karawal Ngr, Delhi-94.
B
29. KC. Dyers, 649/2, Devli Village, Delhi-62.

30. Monark Paints, 678/2, Nai Basti, Devli, N.D.-62.

31. New Metal Co, 1/22/1, Kirari Road, Nangloi, DLH-41.
c
32. Manoj Batteries, 1/59, 6A, .Jauharipur Road, Karawal Ngr, Dclhi-
94.

33. Gupta Metal Works, Kh. No. 459, Alipurgarh, Alipur, Delhi-36.

D 34. Best Metal, Kh. No. 39, GTK Rd. Budhpur, Alipur, Delhi-36.

35. Gulshan Metal, Kh. No. 38/18, Alipur, Budhpur, Dclhi-36.

36. Dinesh Metal Inds, Kh. No. 1/59, Fact. No. 3, Water Works
Road, P.O. Gokulpuri, Shahadra, Delhi-94.
E
37. Orgeno Dyestuffs, Gali No. 1-A, Chowk Samaipur, Delhi-42.

38. Hindustan Insecticides Ltd., Guru Gobind Singh Marg, Delhi-15.

39. Swatantra Bharat Mills, Shivaji Marg, Dclhi-15.
F
40. DCM Silk Mills, Shivaji Marg, Delhi-15.

41. Birla Textile Mill, Birla Lane, Subji Mandi, Delhi-7.

42. Sri Ram Foods & Fertilizers, 15, Shivaji Marg, P.O.B. 6219,
G Delhi-15.

43. Mahabir Steel Rolling Mills, 658, Kabool Nagar, G.T. Road,
Shahadra, Delhi-32.

44. Lajpat Potteries, Gali No. 1, Friends Colony, Ind!. Area, G.T.
H Road, Shahadra, Delhi-95.
M.C. MEHTA v. U.0.1. 71

45. Algha Industries, Gurgaon Road, Mahipalpur, Delhi-37. A

46. Daya Ram & Sons, B. 325/2, Nihal Vihar, Nangloi, Delhi-41

47. Sunchem Pvt. Ltd., F-2, DI Bldg. Indl. Complex, Rohtak Road,
Nangloi, Delhi-41.
B
48. Narankari Crushing Co. 22/7, Kala Pahar, New Rohtak Road,
Delhi-5.

49. Pratap Stone Crushing Co. Gali No. 12, New Rohtak Road,
Delhi-5.
c
50. Algha Pigments, S-19/A, Badli lndl. Estate, Delhi-42.

51. M/s. Ashoka Colours, 5/14/2, Karawal Nagar, Delhi-94.

52. Bholi Ram & Sons Pottery, 254, Indl. Estate, Nangli Sakrawati,
Delhi-43. D
53. Ambica Industries, WZ-10, Todapur, Delhi-42.

54. U.K. Paint Ltd., 365, Mallnand, Gurgaon Road, Delhi-30.

55. Guru Nank Stone Mills, Khasra No. 1234/6, Rajouri Garden E
Road, New Delhi-38.

56. Sardar Singh Chadha, 7249, Aram Nagar, Qutab Road, New
Delhi- 35.

57. Sai Chem, Kh. No. 461, Sahibabad, Daulatpur, Delhi-42. F
58. Gian Singh Pratap Singh, 7249, Arun Nagar, Qutab Road, New
Delhi- 35.

59. Laxmi Painter & Chemicals, 490/1-2-3, N. Pipal Wala Krion, Mal
Orband Badarpur, New Delhi-44. G
60. Bharat Dyes & Pigment Pvt. Ltd. Radhepuri, Delhi-51.

61. Tarun Trading Co., Nihal Vihar, Delhi-41.

·~
62. D.M. Leather, Nihal Vihar, Delhi-41. H
72 SUPREME COURT REPORTS [1996] SUPP. 3 S.C.R.

A 63. Modern Leather, Jwalapuri, Delhi-41. .....
64. Northern India Paints, M.l.A. Ph. 11.

65. Friends Chemical, Munka Village Rohtak Road, Delhi-41.

B 66. Ramesh Oil Co., Munka Village, Rohtak Road, Delhi-41.

67. Saini Lubricants, Munka Village, Rohtak Road, Delhi-41.

68. Friends Chemical, Mayapuri, Ind!. Area Ph-II, Delhi-64.

c 69. Delhi Paint Corporation, M.1.A. Ph-I, Delhi-64.

70. J..T. Foams, Pvt. Ltd. Okhla Ind!. Estate, Delhi.

71. Techno Plast India, Karampura Delhi-15.

72. Bhatia Chemical Inds., G.T. Rd., Shaha<lara, Delhi.
D
73. Bhatia Rasayan U<lyog., G.T. Road, Shahadra.

74. Ashoka Udyog, Loni Road, Shahadra, Delhi.

75. Tex Dyes Industries, G.T. Road, Shahadra.
E
76. Osra Engg. Pvt. Ltd., Hastal Village, Uttam Nagar, Delhi.

77. Novex Pigments, Madipur, Village, Delhi-63.

78. Hindustan Petrochemicals, Viii. l'Vlithapur, Badarpur.
F
79. BOC Gases, Shivaji Marg, N.D.-15.

80. M/s. Hans Paints, Colour & Varnish Works, Okhla Indl. Area,
Ph- II.

G 81. M/s. Essel Paints, Gadhaipur, Mehrauli, Delhi.

82. Metropaint Inds., M.I.A., Ph-I, ND-64.

83. Lala Ram & Sons, Nehal Vihar, N.D.-41.

H 84. Hari Mohan & Co. Motia Khan, N.D. - 55.
M.C.MEHTA v. U.O.J. 73

85. Rishi Leathers, Nehal Vihar, N.D.-41. A
86. Swastik Enterprises, (Formerly Samir Enterprises), Samaipur,
Indl. Area, Delhi-32.

87. N.K Leather, Hasthal Road, Rehnolla, Delhi-41.
B
88. Mahalakshmi Chemical, Inds., Bhorgarh, Narella, Delhi-40.

89. Arora International, Jwalaheri Mkt., Paschim Vihar, New Delhi-
63.

90. Uma Shankar, Khandelwal & Co., Okhla Indl. Area, Ph-11, New c
Dclhi-20.

91. PMC. Tyres & Tubes Ind., Area, Karaval Nagar, Delhi-94.

92. Punjab Potteries, Gurgaon Road, N.D.-37.
0
93. Puneet International, Nangloi, N.D.-41.

94. Commercial Union Research Lab., Najafgarh Road, New Delhi-
15.

95. Bindal Industries, Narella, Alipur Rd, Delhi-40.
E
96. Ashoka Pulp & Paper, Jawahar Nagar, Loni Road, Delhi-94.

97. Dhawan Engg. Works, Tahirpur Ind. Area, Shahadara, Delhi-95.

98. Super King, Mfg. (Tyres) Pvt. Ltd. Jhilmil Indl. Area, Shahad<J.ra.
F
99. Idgah Slaughter House, Idgah Sadar Bazar, D.elhi.

100.Associated Paints, Libaspur, Delhi-42.

101.Prem Metal Works, AP.I.A., Delhi-5.
G
102.Bajaj Tyres, Badli Ind!. Area, Ph-II, Delhi-42.

103.Delhi Resin & Allied Products, Prahladpur, (Near Samaipur),
D elhi-42.

104. Nav Bharat Glue Mfg. Co., Alipur, Narela Road, New Delhi-36. H
74 SUPREME COURT REPORTS [1996] SUPP. 3 S.C.R.

A 105. Bhagwati Oxides & Chemicals, Jhilmil I.A., Shahadara. ..
.
106. The Gulf Paint Corpn. Gurudwara Bala Sahib Road, New Delhi.

107. Bhagsons Paint Inds., (India), Badli Indl. Estate, Delhi-42.

B 108.Associated Dyechem, Badli, Indl. Estate, Delhi-42.

109. Vital Chemical P;1. Ltd. Najafgarh Road, Indl. Area, New Delhi-
15.

110. Punjab Metal Works Pvt. Ltd., Nangloi, Delhi-41.
c lll.Janta Paint Mart, Jhilmil Indl. Area, Shahadra, Delhi-95.

112. New India Paint Inds., Jhilmil Tahirpur, Shahadra, Delhi-32.

113. German Dyes & Chemicals, Jhilmil Indl. Area, Shahadara.
D 114.Sawhney Rubber Inds., Ind!. Estate, G.T.Rd., Shahadra, Delhi-
95.

115. Swiss Coatings (India), Karawal Nagar, Delhi-94.

116. K.L. Rathi, Steel Ltd., Shahadra, Delhi-32.
E
117. Gordhan Das Rathi Steels Ltd. Loni Rd., Shahadara, Delhi-32 .

118.Nova steels (India) Ltd., Loni Rd., Shahadra, Delhi-32.

119. Delhi Steel Rolling Mills, Loni Rd., Shahadra, Delhi-32.
F
120. Krishchem Inds., Okhla, N.D.-20.

121.Conlinental Leathers, DLF Indl. Area, Delhi-15 .

.122.Monark Enterprsies, DLF Indl. Area, Delhi-15.
G
123.Jindal Plasticizers Pvt. Ltd. G.T.K. Road, Delhi-33.

124. Bharat Insecticides Ltd., DSIDC Ind!. Complex, Nangloi, Delhi-
41.

H 125. Pesto Chem India Ltd., Ansal Dilkhush Ind!. Complex, GTK Rd.
M.C. MEHTA v. lJ.0.1. 75

126. Hindustan Pulverising Mill, GTK Road, Bakoli, Dclhi-36. A
127. Durga Polymers, Kirari Rd., Nangloi, Delhi-41.

128.Akay Polymers Pvt. Ltd., Samaipur Badli, Delhi-42.

129. Croda Polymers P\1. Ltd., Samaipur, Delhi-42. B
130.Super Leathers, Najafgarh Road, Nangloi, Delhi-41.

131. R.A. Leathers, Risha! Garden, Najafgarh Rd., Nangloi, N.D.

132.MDR Leathers, Jwalapuri, Phase-II, Delhi-41.
c
133.Dhingra Plastic & Plasticisers Pvt. Ltd., Okhla I.A., Ph-II.

134. Sudershan Metal Co., New Rohtak Rd., N.D.-5.

135.Sunil Metal Works, 39, Alipur, Budhpur, GTK Road, Delhi-36.
D
136. K.K. Metal Works, Mayapuri, Ph-II, N.D. 63.

137. Vikas Chemicals, Nangloi, Delhi-41.

138.Arun Chemicals Udyog, 126, DSIDC, Okhla Ind!. Area, Delhi.
E
139.Shinde Kit.Products, S-92, Badli Ind!. Area (S.S. Kcthwaria).

140. S.Paul & Co. K. No. 1231, Rajokari, N.D .

141. Dal Chand Jajoria, A-24, Keshopur, Tannery Area, New Delhi-
18.
F
142. Dal ch and Maurya, 240, Keshopur, Tannery Area, New Delhi-18.

143.Satish Kumar, 447, A-16, Keshopur, Tannery Area, N.D.-18.

144. Khirmlar, Sh. Bhagwan Dass, A-31, Keshopur, Tannery Area,
N.D.- 18. G

145.Chetram Dal Chand, A-6, Keshopur, Tannery Area, N.D.-18.

146.Khauji Lal, A-12, Keshopur, Ind!. Area, Delhi-18.

-
...
147. Prabhu Dayal, A-16, Keshopur, Tannery Area, Delhi-18. H
~I

SUPREME COURT REPORTS [1996] SUPP. 3 S.C.R.

A 148. Raruram, S/o. Gaja Ram, A-30, Keshopur, Tannery, Area, N.1).-
18.

149.Lata Devi, W/o. Sh. Dal Chand, N33, Keshopur, Tannery Area,
New Delhi.

B 150.Ramdhan, A-25, Keshopur, Tannery Area, N.D.-18.

151.Sanjay Bright Works, 31, DLF Indl. Area, Kirti Nagar, N.D.

152. Satpal & Sons, 1/59/7, J oitri Pur Rd., Gokul Puri, Shahadara.

C 153. Om Prakash Puri & Sons, Johri Pur Rd. Shahadra, Delhi.

154.Al-Ahad Leathers Pvt. Ltd. K-52/2, Nihal Vihar, Nangloi Jat.

155. Hindustan Vegetable Oils, Corpn. Ltd., Subzi Mandi Delhi-7.

156. Hindustan General Industries, Nangloi, Delhi.
D
157.Kumar Engg. & Allied Works, B-24, Okhla Ind!. Area, Ph.-1,
N.D.

158.S.Paul & Co. 25/1/C Anand Parbat, New Delhi-5.

E 159. Balco Paint, 16-A, DLF Ind!. Area, Delhi.

160. Balsons Paint Industry, A-93, Okhla Ind!. Area, Ph-II, New
Delhi.

161. Vikas Rubber Oil & Chemicals, Mundka, Delhi-41.
F
162. C.R. Leather, Resal Garden, Nangloi, Delhi.

163. Varun Dychem, 309, Naya Katra, Chandni Chowk, Delhi.

164. Pritam Singh Hari Singh, 31/lA, Street No. 2, Anand Parbat
G Industrial Area, New Delhi-5.

165. BanS11l Plywood Industry (P) Ltd., 37, Small scale Cooperative
Industrial Estate Ltd. G.T. Kamal Road, Delhi-33.

166.Gupta Industries, 150, G-1, Opp. Police Station, Rest House,
H Badarpur, New Delhi-44.
M.C. MEHTA v. U.0.1. 77

167. Philips Rubber Industries, 299, Gokulpur, Delhi-94. A

168.Philips Rubber Industries, 626-627, Loni Road, East Gokulpur,
Delhi-94."

Having held the above mentioned 168 industries as 'H' category
industries, we have no hesitation in holding that these industries cannot B
operate in the city of Delhi.

We, therefore, hold and direct as under :

(1) The above listed 168 industries cannot be permitted to operate
and function in Delhi. These industries may relocate/shift themselves to any C
other industrial estate in the NCR. We direct that the 168 industries listed
above shall stop functioning and operating in the city of Delhi with effect
from November 30, 1996. These industries shall close down and slop
functioning in Delhi with effect from the said date.

(2) The concerned Deputy Commissioner of Police shal~ as directed
D
by us, effect the closnre of the above industrial units with effect from
November 30, 1996 and file compliance report in this Court within 15 days
thereafter.

(3). The National Capital Region Planning Board shall render all E
assistance to the industries in the process of relocation. This direction shall
go to the Board through its secretary. The National Capital Territory, Delhi
Administration, through its Chief Secretary and Secretary, Industries, State
ofHaryana through its Chief Secretary and Secretary, Industries, State of
Rajasthan through its Chief Secretary and Secretary, Industries and the
State of Uttar Pradesh through its Chief Secretary and Secretary, Industries F
shall provide all assistance, help and necessary facilities to the industries
. which intend to relocate themselves in the industrial estates situated in
their respective territories.

(4) The allotment of plots, construction of factory buildings, etc. and G
issuance of any licences/permissions etc. shall be expedited and granted on
priority basis.

(5) In order to facilitate shifting of industries from Delhi, all the four
States constituting the NCR shall set up unified single agency consisting of
all the participating States to act as a nodal agency to sort out all the H
78 SUPREME COURT REPORTS [1996] SUPP. 3 S.C.R.

A problems of such industries. The single window facility shall be set up by
the four Stales within one month from today. This direction to the four
States is through the Chief Secretaries of the concerned States. The
Registry shall convey this direction separately to the Chief Secretaries
along with a copy of this judgment. We make it clear that no further time
shall be allowed to set up the single window facility.
B
(6) the use of the land which would become available on account of
shifting/relocation of the industries shall be permitted in terms of the
orders of this Court dated May 10, 1996 in I.A. 22 in writ petition (C)
4077/85.
c (7) The shifting industries on their relocation in the new industrial
estates shall be given incentives in terms of the provisions of the Master
Plan and also the incentives which are normally extended to new industries
in ne\v industrial estates.

D (8) The closure order with effect from November 30, 1996 shall be
unconditional. Even if the re-location of industries is not complete they
shall stop functioning in Delhi with effect from November 30, 1996.

(9) The workmen employed in the above mentioned 168 industries
shall be entitled to the rights and benefits as indicated hereunder:
E
(a) The workmen shall have continuity of employment at the new
town and place where the industry is shifted. The terms and
conditions of their employment shall not be altered to their detri-
ment;
F (b) The period between the closure of the industry in Delhi and
its restart at the place of relocation shall be treated as active
employment and the workmen shall be paid their full wages with
continuity of service;

(c) All those workmen who agree to shift with the industry shal.l
G
be given one years wages as "shifting bonus" to help them settle at
the new location;

( d) The workmen employed in the industries which fail to relocate
and the workmen who are not willing to shift along with the
H relocated industries, shall be deemed to have been retrenched
M.C.MEHTA v. U.0.1. 79

with effect from November 30, 1996 provided they have been in A
continuous service (as defined in Section 25B of the Industrial
Disputes Act, 1947) for not less than one year in the industries
concerned before the said date. They shall be paid compensation
in terms of Section 25-F(b) of the Imlustrial Disputes Act, 1947.
These workmen shall also be paid, in addition, one years wages as
B
additional compensation;

(e) The "shifting bonus" and the compensation payable to the
workmen in terms of this .Judgment shall be paid by the manage-
ment before December 31, 1996.

(I) The gratuity amount payable to any workmen shall be paid in
c
addition.

Before parting with this judgment we may briefly d"al with 762
industries which did not respond to the public notice published in various
newspapers. These industries are included in the list of 1226 industries D
which were given public notice by publication in the newspapers. These
762 industries did not file objections in response to the public notice.
Ordinarily, they should have been declared as 'H' category industries under
the Master plan but keeping in view the totality of the circumstances, we
are inclined to take lenient view. A list of these 762 industries has been
placed on record by the Committee. We direct the Committee (Delhi E
Pollution Control Committee) to issue individual notices to the3e industries
within ten days from today asking them to show cause within ten days
thereafter why they be not categorised as 'H' industries. The objections, if
any, shall be decided by the Committee within further ten days and the
report indicating the list of 'H' industries shall be filed in this Court before F
August 20, 1996.

R.P. Petition disposed of.