LexJAGHBIR SINGH & ORS. versus P. K. TRWATHI, CHIEF SECY., GOVT. OF NCT OF DELHI & ORS.
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[2017) 6 S.C.R. 393
JAGHBIR SINGH & ORS.
v.
P. K. TRWATHI, CHIEF SECY., GOVT. OF NCT
OF DELHI & ORS.
(Contempt Petition (C) No. 222 of2012)
In
(Writ Petiton (C) No.4677of1985)
JULY 10,2017
[JAGDISH SINGH KHEHAR, CJI
AND DR. D. Y. CHANDRACHUD, J.]
Contempt of Court:
A
B
c
Contempt petition - Industrial units in non-confirming/
residential areas of Delhi, in violation of Master Plan in Delhi -
Direction by Supreme Court for closure/shifting of the said units -
D
Publication of said directive requiring all those not covered within
the ambit of Master Plan 2021 to refrain from such misuse - Fixation
of seal on the said premises - Thereafter, respondent-one of the
occupier, sought desealing of his premises on an undertaking that
the premises would be put to only authorised use - Premises desealed,
however, respondent continued the industrial activities in his
residential premises - Issuance of notice to respondent u/s. 345A of
the Delhi Municipal Corporation Act, 1957, by NDMC - Thereafter,
issuance of sealing memo by the Sub-Divisional Magistrate, whereby
E
F
the premises were again sealed - Writ petition by respondent to de-
seal the premises - Disposed of. by the High Court - Contempt
petition in writ petition before this Court - Held: Respondent-
contemnor continued to violate the qirections and overlooked the
undertaking given to this Court in 2004, till he was again caught
committing the breach in 2015 by the Sub-Divisional Magistrate -
Respondent by his above acts and omission and commission,
committed contempt of this Court - In view thereof; imposition of G
sentence of ten days imprisonment coupled with fine at the rate of
Rs. 10,0001- per month for the entire duration of the misuser or
alternatively sentence of three months imprisonment coupled with
fine at the rate of Rs. 1,0001- per month for the entire duration of
the misuse.
393
H
394
SUPREME COURT REPORTS
[2017] 6 S.C.R.
. A
M. C. Mehta v Union of India (2004) 6 SCC 588 -
referred to.
Case Law Reference
(2004) 6 sec 588
referred to
Para 1
B
CIVIL ORIGINAL JURISDICTION: Contempt Petition (Civil)
No. 222 of2012 in Writ Petition (Civil) No. 4677of1985.
Under Article 32 of the Constitution oflndia.
Dhruv Mehta, Sr.Adv. Sanchar Anand, Devendra Singh, Anupam
Varma, Nikhil Sharma, Rahul Kinra, Vineet Kr. Singh, Abhay Kumar,
C
Arjun Sirigh Bhati, Ms. Liz Mathew, Chirag M. Shroff, Ms. Neha
Sangwan, Ms. Sarika Soam, Praveen Swarup, Ameet Singh,
Ms. Sushama Verma, Lakendra Kumar, Advs. for the appearing parties.
·D
E
F
G
H
The Judgment of the Court was delivered by
JAGDISH SINGH KHEHAR, CJI : 1. The fact of there
being large scale unauthorised industrial activities in Delhi, in residential
areas, prompted this Court to entertain a number of writ petitions filed in
public interest. The first final order, in this behalf, came to be filed in
M.C.Mehta vs. Union of India and others, (2004) 6 SCC 588. The
operative part of the order passed by this Court is extracted hereunder:
"69. In conclusion, having regard to the aforesaid, we issue the
following directions:
1. All industrial units that have come up in residential/non-
conforming areas in Delhi on or after 1-8-1990 shall close down
and stop operating as per the following schedule:
(a) Industrial units pertaining to extensive industries ('F'
category) - within a period of four months.
(b) Industrial units pertaining to light and service industries
(Categories 'B' to 'F')-within five months.
( c) Impermissible household industries (Category' A') - within
six months.
(d) 6000 industrial units on waiting list for allotment ofindustrial
plots - within 18 months.
JAGHBIR SINGH v. P. K. TRIPATHI, CHIEF SECY., GOVT. OF
395
NCT OF DELHI [JAGDISH SINGH KHEHAR, CJI]
2. The Central Government is directed to finalise the list of A
permissible household industries falling in Category 'A' within
a period of three months.
3. 6000 industrial units on waiting list shall be allotted industrial
plots within one year.
4. The Delhi Government may announce a policy within six weeks
B
giving such incentives as it may deem fit and proper to those
industrial units which came to be established after 1-8-1990
and may close down on their own before the expiry of the time
fixed in this order. The non-announcement of incentives by
the Government shall not, however, delay the closure process. c
5. The water and electricity connection of the industrial unExcerpt shown. Read the full judgment & AI analysis in Lexace.