M.C. MEHTA ETC. ETC. versus UNION OF INDIA AND OTHERS ETC. ETC.

Citation: [1992] 3 S.C.R. 357 · Decided: 15-05-1992 · Supreme Court of India · Bench: KULDIP SINGH, K. RAMASWAMY · Disposal: Hearing Adjourned

Judgment (excerpt)

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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. 
G 
(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. 
H 
M.C. Mehta Petitioner-in-person. 
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M.C. MEHTA v. U.0.1. 
359 
Satish Chander, Hardev Singh, P.N. Duda, B.R

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