Supreme Court of India
M.C. Mehta And Poorvi Vishwas Ngr. S. ... vs Union Of India (Uoi) And Ors. on 14 November, 2000
Equivalent citations: (2002)9SCC481, AIRONLINE 2000 SC 289, (2000) 7 SCALE 618 2002 (9) SCC 481, 2002 (9) SCC 481
Bench: B.N. Kirpal, Doraiswamy Raju, Brijesh Kumar
ORDER
1. An affidavit on behalf of the Union of India has been filed in the Court today. This Court since April, 1996 has been passing various orders inter alia directing the closure of polluting industries at least in the residential areas. Initially, the last date for compliance was 1-1-1997. Because of inaction, further orders were passed culminating with an order dated 8-9-1999 when the N.C.T. Delhi was directed to shut down the industries in the non-conforming areas by 31-12-1999. More than an year has elapsed since then with little or no action being taken.
2. On 30-8-2000, this Court had issued notice to the Ministry of Urban Development, Vice-Chairman, D.D.A., Commissioner. M.C.D., and Chief Secretary N.C.T., Delhi, to show cause why appropriate orders be not passed for directing compliance of the earlier orders of this Court including the order dated 8-9-1999.
3. Some affidavits were filed and on 12-9-2000, being frustrated by the inaction of the N.C.T,, Delhi and M.C.D., a nodal agency was constituted - the agency being the Ministry of Urban Development. The Ministry was required to create a Cell to see the implementation of the orders passed by this Court Pursuant to the orders of 12-9-2000 whereby the nodal agency was created, two affidavits have been filed on behalf of the Union of India. None of them show that at least the order dated 12-9-2000 with regard to closure of the polluting industries in the residential areas has been complied with.
4. From the affidavit on behalf of the Union of India filed in the Court today and as contended by Shri K.N. Raval, learned Additional Solicitor General, it is evident that it is the N.C.T. Delhi, which, ultimately is the authority which has to implement the orders of this Court or the directions which may be issued by the nodal agency. Mere allotment of land is no answer to the closure of the units which are polluting as of today. How, and, in what manner, and if at all, the violators of the law are to be rehabilitated, is not the concern of this Court. We are only concerned with the implementation of the orders, which orders only imply that the Rule of Law should be enforced by the Government itself. By enacting a law and framing a Master Plan and then knowingly allowing the same to be violated only encourages lawlessness. The Court only passes an order directing the implementation of the law and when this is not done and the orders of this Court are flouted, it is left with no alternative but to take appropriate action for the non-compliance of the orders.
5. In the first instance, we, therefore, issue notice to the Chief Secretary Delhi and also to the Commissioner - M.C.D. to show cause why they should not be punished for contempt for the continued inaction on the part of the N.C.T. Delhi and for the non-compliance of the various orders passed by this Court starting from 1996 and including the orders dated 8-9-1999, 30-8-2000 and 12-9-2000 regarding the closing of the polluting units situated in the residential areas.
6. Notice is to be returnable on 28-11 -2000.
7. Orders with regard to the continuance of the nodal agency will be passed on the next date of hearing.
8. Personal presence of the contemnors is not exempted.
W.P. (C) No. 98/2000.
9. Reply if any of the respondents be filed within 10 days.
10. List these matters on 28-11-2000.