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
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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,  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.

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 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 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-

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.

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.
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