K.G. Balakrishnan, C.J. - (1.) In the city of Delhi, there were several hazardous and noxious industries, as also several large and heavy industries, causing extensive pollution. The Master Plan for Delhi - Perspective 2001, which was published in the Gazette of India on 01.08.1990, did not permit any of these industries to operate in Delhi. In a Public Interest Litigation i.e. M.C. Mehta v. Union of India and Ors. IA No. 22 in W.P. (C) No. 4677/1985 the question of shifting these polluting industries from Delhi and relocating them outside the city of Delhi and other related issues were considered and a series of orders were passed regarding shifting and relocating the industries. The polluting industries were notified through individual notices, public notices in newspapers and electronic media. This Court monitored the matter from January, 1995 and all stake holders, including Union of India, Delhi Administration, Central Pollution Control Board, National Capital Region Planning Board, Delhi Development Authority, and the polluting industries were heard/consulted during several hearings. The Delhi Development Authority [for short "DDA"] was also directed to frame suitable schemes regarding the utilization of land which would become available after the relocation of the hazardous/noxious/heavy/large industries from Delhi. DDA constituted a Committee with Mr. K.J. Alphons, Commissioner, Land Management, DDA, as Chairman for this purpose. The said Committee examined the question regarding the utilization of land made available as a result of the re-location/ shifting of the industries and submitted detailed proposals. Views of other experts were also considered.
(2.) After hearing the parties including the affected industries, ultimately an order was passed on 10.05.1996 (reported in, (1996) 4 SCC 750 relevant portions of which are extracted below: 6. We have given our thoughtful consideration to the point at issue before us. We have had elaborate discussion with the learned Counsel representing various industries which are to be relocated/shifted. The basic charter for the land use in the city of Delhi is the Master Plan. The provisions of the Master Plan are statutory and binding. The relevant provisions regarding hazardous/noxious/heavy/large industries under the Master Plan are as under: HAZARDOUS AND NOXIOUS INDUSTRIES Refer Annexure III H(a). (a) The hazardous and noxious industrial units are not permitted in Delhi. (b) The existing industrial units of this type shall be shifted on priority within a maximum time-period of three years. Project report to effectuate shifting shall be prepared by the units concerned and submitted to the authority within a maximum period of one year. (c) The land which would become available on account of shifting as administered in (b) above, would be used for making up the deficiency, as per the needs of the community; based on norms given in Master Plan; if any land or part of land, so vacated is not needed for the deficiency of the community services, it will be used as per prescribed land use; however the land shall be used for light and service industries, even if the land use according to the Master Plan/Zonal Development Plan is extensive industry. (d) * * * HEAVY AND LARGE INDUSTRIES Refer Annexure III H(b) (a) No new heavy and large industrial units shall be permitted in Delhi. (b) The existing heavy and large- SCALE industrial units shall shift to Delhi Metropolitan Area and the National Capital region keeping in view the National Capital Region Plan and National Industrial Policy of the Government of India. (c) The land which would become available on account of shifting as administered in (b) above, would be used for making up the deficiency, as per the needs of the community; based on norms given in the Master Plan; if any land or part of land so vacated is not needed for the deficiency of the community services, it will be used as per prescribed land use; however the land shall be used for light and service industries, even if the land use according to the Master Plan/Zonal Development Plan is extensive industry. (d) * * * It is thus obvious that the land which would become available on account of shifting/relocation of the industries can only be used for making up the deficiency, as per the needs of the community, based on the norms given in the Master Plan. If any land or part of the land, so vacated is not needed for community services it can be used as per the prescribed land use. To appreciate the concept "need of the community" under the Master Plan, it would be useful to have a look at the following provisions of the Master Plan: In general it would be desirable to take up all the existing developed residential areas one by one for environmental improvements through (i) plantation and landscaping (ii) provision of infrastructure - physical and social and proper access where lacking (iii) possibility of infrastructure management of the last tier through the local residents. Conservation and revitalization is required in case of traditional areas and environmental upgradation and improvement is needed in other old built-up areas. LUNG SPACES xxxx xxxx xxxx Further conversion of recreational areas to other uses should be permitted only under extraordinary circumstances. Areas in lieu of such conversion may be provided elsewhere in order to maintain the overall average for the city. xxxx xxxx 7. Delhi is one of the most polluted cities in the world. The quality of ambient air is so hazardous that lung and respiratory diseases are on the increase. The city has become a vast and unmanageable conglomeration of commercial, industrial, unauthorized colonies, resettlement colonies and unplanned housing. There is total lack of open spaces and green areas. Once a beautiful city Delhi now presents a chaotic picture. The most vital "community need" as at present is the conservation of the environment and reversal of the environmental degradation. There are virtually no "lung spaces" in the city. The Master Plan indicates the "approximately 34 per cent of recreational areas have been lost to other uses". We are aware that the housing, the sports activity and the recreational areas are also part of the "community need" but the most important community need which is wholly deficient and needed urgently is to provide for the "lung spaces" in the city of Delhi in the shape of green belts and open spaces. We are, therefore, of the view that totality of the land which is surrendered and dedicated to the community by the owners/occupiers of the relocated/shifted industries should be used for the development of green belts and open spaces. 8. The core question for consideration, however, is how much of the total land which would become available from each of the industrialists is to be taken away by the community for its use and how much is to be left in the hands of the industrialists for the community use. The suggestions given by Alphons Committee in this respect have been noted by us in the earlier part of the order. Mr. Omesh Sehgal, Mr. P.C. Jain and Justice Khanna by and large agree with the suggestions of the Alphons Committee. We are of the view that no useful purpose would be served by maintaining two categories as suggested by Alphons Committee in columns 3 and 4. After leaving a part of the land with the owner for developing the same in accordance with the surrender to the Delhi Development Authority [DDA] for developing the same to meet the community needs, it obviously means that the land has to be surrendered and dedicated to the community. While meeting the community needs it is necessary to make a suitable provision for the owner to enable him to meet the expenses of relocating/shifting the industry. It would, therefore, be in conformity with the broader concept of "community need" under the Master Plan, to permit the owner to develop part of the land for his own benefit and surrender the remaining land for the use of the community at large. 9. We, therefore, order and direct that the land which would become available on account of shifting/relocation of hazardous/noxious/heavy and large industries from the city of Delhi shall be used in the following manner: S.No. Extent Percentage to be Percentage to be surrendered and development by the dedicated to the owner for his own DDA for benefit in accordance development of with the user permitted green belts and under the Master Plan other spaces (1) (2) (3) (4) 1 Up to 2000 sq. - 100% to be developed by mts. (including the the owner in accordance first 2000 sq. mts. with the zoning regulation of the larger plot) of the Master Plan 2 0.2 ha to 5 ha 57 43 3 5 h to 10 ha 65 35 4 Over 10 ha 68 32 10. We do not agree with the learned Counsel for the industrialists that Floor Area Ratio [FAR] be permitted to them on the total area of the plot. We, however, direct that on the percentage of land as shown in column 4 the owners at Serial Nos. 2, 3 and 4 shall be entitled to one and a half times of the permissible FAR under the Master Plan 11. The DDA has suggested that it may be necessary to amend the Master Plan for regularizing the land use as directed by us. The totality of the land made available as a result of the relocating/shifting of the industries is to be used for the community needs. The land surrendered by the owner has to be used for the development of green belt and open spaces. The land left with the owner is to be developed in accordance with the user permitted under the Master Plan. In either way the development is to meet the community needs which is in conformity with the provisions of the Master Plan.
(3.) This was followed by another order dated 8.7.1996 (reported in, (1996) 4 SCC 750 wherein this Court observed: ...The allotment of the plots shall be made on priority basis. We have no doubt that reasonable incentives, which are normally provided to new industries in new industrial estates, shall be extended to the shifting industries. This Court by the order dated 10.5.1996 in M.C. Mehta v. Union of India, (1996) 4 SCC 750 has already directed and laid down the manner in which the land which would become available on account of shifting of H(a) and H(b) industries is to be used. In view of the huge increase of prices of land in Delhi, the reuse of the vacant land is bound to bring lots of money which can meet the cost of relocation. The use of the land which would become available on account of shifting/relocation of the industries shall be permitted in terms of the orders of this Court dated 10.5.1996 in M.C. Mehta. ;