- (1.) ORDER
(2.) THE Master Plan for Delhi 1962 (MPD-62 was prepared and enforced under the Delhi Development Act, 1957 (61 of 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 751 MPD-62 recommended that a statutory National Capital Region Planning Board should be set up for ensuring balanced and harmonised development a of the region. THE National Capital Region Planning Board Act. 1985 (Capital Region Act) came into force on 11/2/1985. THE National Capital Region Plan-2001 (the Regional Plan) was published as a statutory document. In the words of the then chairperson, National Capital Region Planning Board, the purpose sought to be achieved by the Regional Plan was as under: "THE two important goals to be achieved by the Regional Plan are a balanced and harmoniously developed region, leading to dispersal 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 is a framework of policies relating to population distribution, settlement system, transport and communications, physical and social infrastructure, regional land use, environment and eco-development, management structure for Plan implementation and counter-magnet areas for development. THE focus of the Plan is Delhi whose extra- ordinary 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 includes the Union Territory of Delhi and parts of the States of Haryana, Rajasthan and Uttar Pradesh. Under the Regional Plan, three policy zones Q have been identified. Apart from Union Territory Delhi (Delhi) the "ring towns" namely, Faridabad, Ballabgarh, Gurgaon, Bahadurgarh and 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 up to the National Capital Region (NCR) boundary which is predominantly rural stands out as the third zone distinctly different from the other two. It would be useful to quote the relevant 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 by the turn of the century. As a strategy, after evaluating various alternative scenarios for development, it has been realised and recognised that, in order to save Delhi from population explosion, it is necessary to moderate the growth in the areas around it. ... THE preliminary studies clearly concluded that economic activities with potential for large-scale employment should necessarily be located outside the DMA, preferably at a distance which discourages daily interaction with Delhi. Thus, on the basis of these criteria, the zones which came out distinctly are Delhi UT, the DMA excluding Delhi UT and the area beyond DMA within NCR, for effective application of the policies and implementation of proposals with a view to achieve a manageable Delhi and a harmoniously developed region." 752 Delhi is recording heavy population growth since 1951. As the city grows, its problems of land, housing, transportation and management of essential infrastructure like water supply and sewage have become more acute. 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, unauthorised 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 only way to relieve the capital city from the huge additional burden and pressures, is to deconcentrate the population, industries and economic activities in the city and relocate the same in various priority towns in the NCR. The Master Plan for Delhi-perspective 2001 (the Master Plan) as approved by the central government under Section 11-A(2 of the Act was published in the Gazette of India on 1/8/1990. The question for consideration, before us, is whether the hazardous/noxious/heavy/large industries operating in Delhi are liable to be shifted/relocated to other towns in the NCR? The relevant part of the Master Plan is as under: "HAZARDOUS AND NOXioUS INDUSTRIES Refer Annx. 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 concerned units and submitted to the authority within a maximum period of one year. (c) --- (d) Action shall be taken by Delhi Administration to prepare a list of individual noxious and hazardous industrial units to be shifted and depending on the pollution/hazard, administration may force these industrial units to shift within a maximum prescribed period of three years. HEAVY AND LARGE INDUSTRIES Refer Annx. 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) --- (d) Modernisation of heavy and large-scale industrial units shall be permitted subject to the following conditions: (i) It will reduce pollution and traffic congestion. 753 (ii) Whenever the unit is asked to shift according to the policies of the plan, no compensation shall be paid for assets attained because of modernisation."
(3.) IT is thus obvious that under the mandatory provisions of the Master Plan the hazardous and noxious industrial units [H(a) industries] are not permitted to operate in Delhi. So far as the existing H(a) industries are concerned, they were required to be shifted within a maximum prescribed period of three years. The Master Plan came into force in August 1990. H(a) industries should have been shifted by the end of 1993. IT is unfortunate that no action in this respect was taken by the authorities concerned. The industries were required to prepare and submit the project reports to effectuate shifting. This was to be done within one year of the coming into force of the Master Plan. None of the H(a) industries submitted the required project reports within the statutory period of one year. We have no hesitation in holding that the H(a) industries are operating in Delhi illegally and in utter violation of the mandatory provisions of the Master Plan. Delhi Administration was under a statutory obligation to prepare a list of H(a) industries. No such list was prepared within the statutory period of three years. IT was only under the directions of this court that the necessary lists were prepared. There is no doubt that the H(a) industries have been operating in Delhi illegally during the last about three years. They must stop operating in Delhi and relocate themselves to some other industrial estate in the NCR. We are further of the view that the officers concerned of the Delhi Administration are equally responsible for continuous illegal operation of the H(a) industries in the city of Delhi. The Chief secretary, Delhi Administration shall hold an inquiry and fix the responsibility of the officers/officials who have been wholly remiss and negligent in the performance of the statutory duties entrusted to them under the Master Plan.;