- (1.) This case about unauthorized industrial activity in Delhi in residential area has a protracted background. The present examination is confined to the issue of industrial activity in residential/non-conforming areas to decide what directions may be issued to put an end to such illegal activity. As a result of orders passed from time to time, hazardous and noxious industries and heavy and large industries ('H' Category) have been shifted out of Delhi. Some of extensive industries ('F' category) have also been shifted out of Delhi. As per the State Government, non-polluting 'F' category industries have not been yet shifted. The question is what should be done about continued unauthorized use contrary to Master Plan and Zonal Plan by remaining 'F' category and 'B' to 'E' category (light and service industries) and household industries ('A' category industries). These industries are continuing in residential/non-conforming areas. Such activity is mostly in residential areas. It is not in dispute that most of continued industrial activity under consideration is in contravention of law except only few household industries which are continuing in residential areas. To decide the question, it is necessary to first briefly notice orders passed by this Court during last about one decade.
(2.) In the various orders passed in the year 1995, this Court noticed that a large number of industries were located in residential/non-conforming areas in violation of the Delhi Master Plan formulated under the Delhi Development Act, 1957 (for short, 'DD' Act), Delhi Municipal Corporation Act, 1957 (for short, 'DMC' Act) and other statutory provisions. Noticing that the Master Plan stipulates setting up of industries only in conforming areas, i.e. the industrial areas earmarked for that purpose, it was indicated that the industries in non-conforming areas have to stop functioning. The first concern of the Court was to stop the functioning of 'H' category industries, since most of it were discharging highly toxic affluent. It was noticed that as per the affidavit filed by Mr. D. S. Negi, Secretary (Environment), Government of Delhi, it was estimated that there were 93,000 industries which were operating in Delhi and majority of these were in non-conforming use zones. Public notices by the Government invited all industries operating in non-conforming use zone to give option to shift to available industrial plots in the industrial estates. The response from the industry was very poor. The industries operating in Delhi were called upon by issue of public notices in newspapers to furnish, information in respect of the product manufactured, activity carried on, area, size, number of persons employed, power load, year of commencement etc. Out of 93,000 industries, only 513 industries and 382 persons responded. It was noticed that MCD was granting licences and registering various industrial units in non-conforming areas and permitting the industries to be set up in residential areas. Naturally, a surprise was expressed by this Court that on the one hand, the Court was issuing orders to reallocate the existing industries that were operating in the residential/non-conforming areas and on the other hand MCD was permitting setting up of new industries in residential areas. According to the MCD, it was done under the directions of the State Government. The MCD was directed not to register or grant licence to any industry in the non-conforming/residential area.
(3.) We may also make a brief reference to the orders that were passed in the year 1996. In the order dated 19th April, 1996, noticing the contention of Solicitor General for India that certain household industries can be permitted to operate not only in residential areas but in residential premises itself, the Court observed that the provisions of the Master Plan have to be complied with and in case any non-residential activity is permitted in residential area under the Master Plan that cannot to stopped. A High Powered Committee was constituted to examine which type of industries can be permitted in the residential area. The State Government was directed to issue public notices asking the industries which are operating in different residential areas of Delhi to approach the Committee for necessary permission. It was also made clear that the industries which do not obtain permission shall have to stop functioning in residential area w.e.f. January 1, 1997. It would be useful to extract the relevant part of the order dated 19th April, 1996 which reads as under : "We make it clear and direct that no industry in any residential area of Delhi/New Delhi shall be permitted unless it has obtained the clearance of the Committee and has obtained the necessary licence and the consent from the statutory authorities. All those industries which have not obtained necessary permission from the Committee shall stop operating in the residential area w.e.f. January 1, 1997. We direct the NCT Delhi to give wide publicity to this order so that the industries are in a position to note that they have to obtain the necessary clearance from the Committee. Needless to say that while granting permission to an industry to run in a residential area, the Committee shall keep in view all the conditions laid down under the Master Plan including evaluation of impact on municipal services and environment needs of the area......";