M C MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) This interlocutory application for directions has been filed by the union of India. Mr Altaf Ahmed, learned Additional Solicitor General has raised the following contentions:

(2.) So far as the first contention is concerned, learned Additional solicitor General has taken us through the order of this court in M. C. Mehta v. Union of India regarding land-use along with the order dated 8/7/1996 regarding relocation of 168 industries. The intention of this Court is clear that the order regarding land re-use was both for relocating industries as well as those which decide to close down and not to relocate. The learned counsel for the industries have not disputed this interpretation. We, therefore, accept the contention of learned Additional Solicitor General. Nothing more need be said on this point.

(3.) We see considerable force in the contention of the learned Additional solicitor General on the second point also. The existing hazardous industries having been closed, what remains is the plot, superstructure and the workmen. The occupants of the plots and the owners of the industries which have been closed down shall have to undertake fresh procedure for setting up of a new industry. Needless to say that no industry can be set up which is not permitted under the Master Plan, The procedure required for setting up of a new industry shall have to be followed in every case. We make it clear that government permission and the consent from the Pollution Control board/committee, if required under law, shall have to be obtained. Even fresh electric connection and water connection shall have to be applied for and obtained in the changed circumstances. We have no doubt when approached for necessary permission/licence/water/electric connections the authorities shall expedite in dealing with the applications.