Mahavir Singh vs Union of India (UOI) and Others

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 (UOI) and Others, , 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.

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.

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.

It would be in the fitness of things that the Commissioner of Industries should give a list of units which were illegally running in the said area to the Municipal Corporation of Delhi (in short ''MCD'') as well as to DPCC. A joint inspection should be carried out by the DPCC and the Commissioner of Industries and all necessary police assistance may be asked for and accordingly provided to them as it is stated that considerable amount of resistance is apprehended while carrying out the inspection. Thereafter the concerned authorities should initiate appropriate action in accordance and in compliance with the judgment of the Hon''ble Supreme Court of India against the illegal polluting units running in the area in question.

It would also be open to the MCD to take necessary action in accordance with law for prosecuting these illegal units/industries under the Municipal Corporation of Delhi Act.

Let the matter be renotified for 12th August, 2009 when it will come up for consideration of the compliance by the authorities of the orders passed today. All concerned authorities including the Commissioner of Industries, DPCC and the MCD will ensure that the inspection is carried out at the earliest and all necessary action in accordance with law and the judgment of the Hon''ble Supreme Court of India against the illegal polluting industrial units is initiated and taken at the earliest. Compliance report be filed by all the authorities at least one week before the next date of hearing i.e. 12th August, 2009.