LexM.C. MEHTA versus UNION OF INDIA AND ORS.
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M.C. MEHTA v. UNION OF INDIA AND ORS. JULY 8, 1996 [KULDIP SINGH AND FAIZAN UDDIN, J.J.] 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 A B c in the order cannot be pennitted to operate and function in Delhi-The 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.) Petitioner-in-person and Ms. Seema Mirdha, Arnn J aitly, Swaraj Kaushal, H.N. Salve, Anil B.Diwan, Gopal Subramainan, N.N. Goswami, G 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. B c D E F G Sushma Suri, Ranjan Mukherjee, Ramesh Babu, M.R. for the appearing parties. The following Order of the Court was delivered : 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- 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 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 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, 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 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 b
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