JAGDISH SINGH KHEHAR,J. - (1.) The fact of there being large scale unauthorised industrial activities in Delhi, in residential areas, prompted this Court to entertain a number of writ petitions filed in public interest. The first final order, in this behalf, came to be filed in M.C.Mehta v. Union of India and others, (2004) 6 SCC 588. The operative part of the order passed by this Court is extracted hereunder: "69. In conclusion, having regard to the aforesaid, we issue the following directions: 1. All industrial units that have come up in residential/non-conforming areas in Delhi on or after 1-8-1990 shall close down and stop operating as per the following schedule: (a) Industrial units pertaining to extensive industries ('F' category) - within a period of four months. (b) Industrial units pertaining to light and service industries (Categories 'B' to 'F') - within five months. (c) Impermissible household industries (Category 'A') - within six months. (d) 6000 industrial units on waiting list for allotment of industrial plots - within 18 months. 2. The Central Government is directed to finalise the list of permissible household industries falling in Category 'A' within a period of three months. 3. 6000 industrial units on waiting list shall be allotted industrial plots within one year. 4. The Delhi Government may announce a policy within six weeks giving such incentives as it may deem fit and proper to those industrial units which came to be established after 1-8-1990 and may close down on their own before the expiry of the time fixed in this order. The non-announcement of incentives by the Government shall not, however, delay the closure process. 5. The water and electricity connection of the industrial units found operating after the due date of closure shall be disconnected forthwith and in any case not later than a month of the date fixed for closure in Direction 1 above. If the industrial activity still continues, the premises shall be sealed within a period of not later than another one month. The seal shall be removed and water and electricity connection restored only after filing of an undertaking by the industrial unit not to recommence any sort of industrial activity before an officer nominated for the purpose by the Delhi State. 6. The Central Government is directed to finalise within six months appropriate steps to be taken for making NCR region a success for industrial activity by removing the hurdles pointed out by the industry. The Governments of the adjoining States of U.P., Rajasthan and Haryana are directed to extend full cooperation. 7. The Municipal Corporation of Delhi shall consider within three months the aspect of withdrawal of exemption notification as suggested in the affidavit of its town planner filed on 28-10-2002. 8. We appoint a Monitoring Committee comprising: (i) Chief Secretary of Delhi, (ii) Commissioner of Police, Delhi, (iii) Commissioner, Municipal Corporation of Delhi, and (iv) Vice-Chairman of the Delhi Development Authority. This Committee would be responsible for stoppage of illegal industrial activity. It would, however, be open to the aforesaid members of the Monitoring Committee to appoint responsible officers subordinate to them to oversee and ensure compliance with the directions contained in the judgment. 9. The first progress report by the Committee shall be filed by 31-8-2004 and thereafter it shall be filed, at least once in a period of every two months."
(2.) A perusal of the above order reveals, that this Court passed the above closure order, by categorising industries into various groups. The Delhi Government was directed to announce a policy within six weeks for giving incentives, as it may consider appropriate, to those industrial units which were set up after 01-08-1990, and were closed down, on their own, before the expiry of the period depicted in paragraph 69 (extracted above). Such of the industries, as were found to be operating even after the date postulated in the above order, were required to be stopped from carrying on their industrial activities, by disconnection of water and electricity connections. The premises were to be sealed after the expiry of the time allowed had expired. The seals affixed, in terms of the above order, could be removed, only after an undertaking was filed by way of an affidavit, that industrial activity would not be recommenced in the premises. It is not in dispute, that the entire process narrated above was followed in the case of the respondent-contemnor. And, that, the respondent-contemnor - Sanjay Gupta, filed an affidavit dated 30.10.2004 in compliance of the directions issued by this Court seeking desealing of the residential premises in his occupation, namely, 87/1, Village Barwala, Bawana Road, Delhi - 110 039. The text of the affidavit being relevant to the present controversy is being reproduced below: "UNDERTAKING/INDEMNITY BOND This undertaking/Indemnity Bond is executed on this 30th day of October, 2004 by Sh.Sanjay Gupta S/o Sh.M.L.Gupta R/o F-3/14, Model Town, Delhi-110009, in favour of DSIDC Ltd., N-36, Bombay Life Building, Connaught Circus, New Delhi. Whereas I being the Proprietor of M/s S.S.Udyog, located at 87/1, Village Barwala, Bawana Road, Delhi-110039, applied for allotment of an Industrial Plot vide application form No.8707 under Relocation Scheme of Industries and have been allotted an Industrial Plot bearing No.62, Pocket-P, Sector 1 of area measuring 250 sq./Mtr. at Bawana Industrial Complex, Delhi. And whereas necessary Lease Deed in the form as prescribed by DSIDC Ltd. is to executed by the allottee as and when called upon to do so which will take some time and possession of the Plot is to be handed over to the allottee in anticipation of execution of Lease Deed, therefore to indemnify DSIDC Ltd. against any losses/damages if referred the present indemnity Bond is executed to indemnify DSIDC Ltd. as below: 1. That I undertake to get the Lease Deed of above plot executed and registered in favour of the allottee in accordance with the provision of the scheme incorporated in the brochure and shall abide by all the terms brochure as well as all the charges/expenses for getting the Lease Deed executed and registered. 2. That I undertake to pay the difference of cost of plot, if any, as calculated by DSIDC upon completion of the project at the time of execution and registration of Lease Deed as earlier as demanded by DSIDC Ltd. 3. That I undertake to pay all the charges/taxes/expenses to DSIDC Ltd. in respect of the above Industrial Plot and also to pay ground rent to DSIDC Ltd. and/or concerned organisation at previling rates communicated by DSIDC Ltd. 4. That I undertake to completely shift the Industrial unit presently functioning/operating at 87/1, Village Barwala, Bawana Road, Delhi-110039, to the above allotted Industrial Plot immediately. I have already stopped operating the Industrial Unit of the existing address, which is in residential/non-confirming area w.e.f.31.5.2004. 5. That I undertake to hand over the possession of above plot/structure if raised to DSIDC Ltd., in case the full payment deposited with SBI/BOB/______ vide challan No._________ is not credited in favour of DSIDC account by bank and authorize DSIDC Ltd. to cancel the allotment and resume the possession forthwith. And I hereby agree in case of the breach of any of the above terms and conditions on my part, DSIDC Ltd. shall be entitled not only to cancel the allotment of the plot but also to resume the possession of the plot as well as structure raised there on and in case and losses/damages if suffered by DSIDC Ltd., the same shall be indemnified by me and DSIDC shall also authorised/empowered to recover the same from my personal assets/properties. In witness whereof, this indemnity Bond is executed on this 30th day of October, 2004." (emphasis is ours)
(3.) Thereafter, this Court passed, on the same issue, a second order dated 16.02.2006. The above order recorded its conclusions in paragraph 69. However, it would be appropriate to extract paragraphs 68 and 69 of the order dated 16.02.2006, which are reproduced below: "68. Rule of law is the essence of Democracy. It has to be preserved. Laws have to be enforced. In the case in hand, the implementation and enforcement of law to stop blatant misuse cannot be delayed further so as to await the so called proposed survey by MCD. The suggestions would only result in further postponement of action against illegalities. It may be noted that the MCD has filed zonewise/wardwise abstract of violations in terms of commercialisation as in November, 2005. According to MCD, the major violation has been determined in respect of those roads where commercialisation of the buildings is more than 50%. According to it, the major violations in 12 zones are spread on 229 roads. Roads on which there are major violations are, thus, known. In respect of these, there is no need for any survey or individual notice. Beginning must be made to stop misuser on main roads of width of 80 ft. or more. The names of these roads can be published in newspapers and adequate publicity given, granting violators some time to bring the user of the property in conformity with the permissible user, namely, for residential use if the plans have been sanctioned for construction of a residential house. In case owner/user fails to do so, how, in which manner and from which date, MCD will commence sealing operation shall be placed on record in the form of an affidavit of its Commissioner to be filed within two weeks. On consideration of this affidavit, we will issue further directions including constitution of a Monitoring Committee, if necessary. The issue of accountability of officers and also the exact manner of applicability of Polluter Pay Principle to owners and officers would be further taken up after misuser is stopped at least on main roads. Civil Appeal Nos.608/2003 above referred relates to Ring Road, Lajpat Nagar-II. The other cases relate to areas like Green Park Extn., Green Park Main, Greater Kailash, New Friends Colony, Defence Colony, West Patel Nagar, etc. These areas are illustrative. The activities include Big Furnishing Stores, Galleries, Sale of Diamond and Gold Jewellary, sale of Car Parts etc. 69. Having held that the Commissioner of MCD has power under the DMC Act to seal premises in case of its misuser, we issue the following directions for taking immediate steps to seal residential premises being used for commercial purpose : 1. MCD shall within 10 days give wide publicity in the leading newspapers directing major violations on main roads (some instances of such violators and roads have been noted hereinbefore) to stop misuser on their own, within the period of 30 days. 2. It shall be the responsibility of the owner/occupier to file within 30 days an affidavit with Commissioner of MCD stating that the misuser has been stopped. 3. In case misuser is not stopped, sealing of the premises shall commence after 30 days, from the date of public notice, first taking up the violations on roads which are 80 ft. wide and more. All authorities are directed to render full assistance and cooperation. After expiry of 30 days from the date of public notice, electricity and water supply shall be disconnected. 4. Details of the Roads and the violations shall also be placed on the website by the MCD and copies also sent to Resident Welfare Associations of the area which should be involved in the process of sealing of misuser. The Commissioner of MCD shall file an affidavit, within two weeks, in terms of directions contained in this judgment, whereafter directions for constitution of the Monitoring Committee would be issued. The sealing would be effected by the officers authorised by the Commissioner of MCD in consultation with the Monitoring Committee. 5. The appropriate directions for action, if any, against the officers responsible for the misuse and for payment of compensation by them and by violators would be issued after the misuser is stopped. 6. None will tamper with the seals. Any tampering with seal will be sternly dealt with. Tampering with seal will include opening another entrance for use of premises. 7. It would be open to the owner/occupier to approach the Commissioner for removal of the seal on giving undertaking that the premises would be put to only authorised use. 8. Particulars of cases where violators may have obtained orders of stay will be filed in this Court by MCD. 9. MCD shall file monthly status report as to action taken by 15th of each month commencing from 10-04-2006. 10. In case misuser is not stopped in the premises involved in the civil appeals and special leave petitions, subject to what is stated in this judgment, the MCD will take immediate steps to seal those premises soon after expiry of 30 days." (emphasis is ours) ;