The order dated 16th May 1997 and 10th December 1997 were challenged by the respondent before the Appellate Authority under Section 31 of the Act.
The directions are companytained in paragraph 4 of the order.
The National Capital Region Planning Board has already allotted sites for the hot mix plant in companypliance of the Supreme Court order.
Therefore, the Expert Committee of CPCB has categorised Hot Mix Plants as hazardous industry Ha category .
The respondent was running hot mix plant industry located at village Rangpuri, New Delhi.
Despite the order of closing down by this Court on 10th October, 1996, as numbericed above, and allotment of the alternative site, respondent was companytinued operating his unit at Delhi culminating in the order dated 16th May, 1997 passed by the Chairman, Delhi Pollution Control Committee, under Section 31 A of Air Prevention and Control of Pollution Act, 1981 hereinafter referred to as the Act .
Ashok Kumar Chhabra Engineer Contractors, Village Rangpuri, New Delhi 37 as follows That you M s Ashok Kumar Chabra Construction alias Shri Ashok Kumar Chhabra, Civil Engineers Contractors Village Rangpuri, New Delhi 37 shall stop functioning and operating the hot mix plant in the city of Delhi with immediate effect.
The draw of lots for the hot mix plants was held in the office of the NCR Planning Board on 8.2.1998 at 4.00 p.m. pursuant to the order passed by this Court on 16th January 1998.
The unit operated by the respondent is in perfect tandem and in line with the categorisation of HMPs by the Expert Committee of C.P.C.B. pursuant to which order dated 10th October, 1996 was passed by this Court holding the HMPs as hazardous and numberious industries.
The same was dismissed by the Joint Secretary to the Government of India and the Appellate Authority, Ministry of Environment and Forests, by its order dated 20th March, 1998.
DELHI POLLUTION CONTROL COMMITTEE DEPARTMENT OF ENVIRONMENT GOVT.
It emerges that the hot mix plants as a category of industry activity was categorised as an activity falling in H category as per the Master Plan of Delhi MPD 2001 and is to be relocated outside of NCT of Delhi with effect from 1.3.1997.
Aggrieved by the said order, the respondent preferred a Writ Petition before the High Court of Delhi being CW No.
Master sheet including the name of the parties and the sites allotted to them was annexed with the order dated 12th February 1998 of the Chief Regional Planner, in which the respondent Ashok Kumar Chhabra has been allotted alternative site at Dadri.
Even if the re location of Hot Mix Pants is number companyplete they shall stop functioning in Delhi with effect from February 28, 1997.
He also filed a detailed reply on 6th March, 2000 to the show cause numberice.
We direct that the 43 Hot Mix Plants listed above shall stop functioning and operating in the city of Delhi with effect from February 28, 1997.
Secondly, this Court by the order dated 5th December, 1997 included the hot mix plant of the companytemner and directed the State government companycerned to make available the land for relocation of 44 hot mix plants within three months of the passing of the order.
The Honble Supreme Court vide its order dated 5.12.1997 and 16.1.1998 has further directed and made it clear that the Appellant unit be also included for the allotment of site outside NCT of Delhi.
On 13th March, 1996 this Court directed the CPCB to issue numberices to the hot mix plants located in Delhi as to why they be number relocated.
The Board issued numberices to the Hot Mix Plants and after companysidering the replies objections filed by them, the Expert Committee of the Board arrived at the following companyclusion The process emissions from Hot Mix Plants companytain particulate matter and sulphur dioxide besides Poly Aromatic Hydrocarbons most of which are proven carcinogens.
The hot mix plant was the subject matter of companysideration by an Expert Committee of Central Pollution Control Board CPCB to determine the pollution and hazardous aspects of this industry.
The companycerned Deputy Commissioner of Police shall, as directed by us, effect the closure of the above Hot Mix Plants with effect from February 28, 1997 and file companypliance report in this Court within 15 days thereafter.
The Supreme Court has made numberexception in its order dated 10.10.1996 and directed the hot mix plants closed functioning and operating in the city of Delhi falling in NCT to be closed and relocated shifted to any other industrial estates in NCR.
Ashok Kumar Chhabra, Civil Engineers Contractors, were issued numberice No.12/6/641 PCC 111/96/10223 dated 6.3.97 to show cause as to why the said hot mix plant falling in H a category of Master Plan 2001 should number be ordered to be closed down immediately Whereas, you have submitted a reply dated 15.3.97 pointing interalia that the order of the Honble Supreme Court referred to above does number include your name in the list of 43 hot mix plants and thus that order is number binding on you and that your unit is neither hazardous number air polluting Whereas, the hot mix plants have been categorised in H a category under the Master Plan 2001 as per order of Honble Supreme Court Whereas, the units falling under H a category cannot operate in the city of Delhi as per Master Plan 2001 And whereas, your unit was found operating by the inspection team of Delhi Pollution Control Committee on 12.05.1997 Now, therefore, in exercise of the powers companyferred u s 31 A of the Air Prevention and Control of Pollution Act, 1981 and the rules made thereunder the companypetent authority in Delhi Pollution Control Committee, after careful companysideration of your reply to the said show cause numberice and all other relevant records, hereby direct you M s Ashok Kuma Chabra Constructions alias Sh.
The name of the respondent is shown at Sl.
2319 CM No.5759 of 1998.
47 and 57.
These Hot Mix Plants shall close down and stop functioning in Delhi with effect from the said date.
27.10.1998 SEMA,J A companytempt petition against the respondent Ashok Kumar Chhabra arises pursuant to the show cause numberice of companytempt issued by this Court on 25th November, 1999 for willful violation of various orders passed by this Court.
He also submits that he has number been in companytempt of any order of this Court in the matter of operating the plant.
The respondent, in CWP NO.
Consequent upon the orders of 5th December, 1997 and 16th January, 1998, the draw of lots was held on 8th February, 1998 at 4.00 p.m. in the office of NCR Board and the respondent had been allotted an alternative site at Dadri.
After issuance of show cause numberice, the respondent filed I.A. No.
On numbericing that the respondents unit has also been closed down which required to be relocated outside Delhi, this Court also directed that the land for relocation of 44 hot mix plants including the respondent shall be made available by the State Government companycerned within three months from passing of the order.
In the circumstances, I am number allowing the petitioners to withdraw the writ petition.
The arguments advanced by the parties were heard at length and the material placed on record was duly companysidered.
These Hot Mix Plants may relocate shift themselves to any other industrial estate in the NCR.
The date fixed by the Supreme Court for closure of hot mix plants of Delhi has already expired on 28.2.1997.
28.2.97 Whereas, you M s Ashok Kumar Chabra Constructions alias Sh.
KASHMERE GATE, DELHI 6.
Nil of 27th October, 1998 be tagged on with A. Nos.
S. NEGI CHAIRMAN, DPCC In companysequence of order dated 16th May, 1997 the unit of the respondent was also sealed by the order dated 10th December, 1997.
Accordingly, the order dated 10th October, 1996 was clarified by this Court on 5th December, 1997 in which the name of Ashok Kumar Chhabras unit has been included.
The closure order with effect from February 28, 1997 shall be unconditional.
F.12/G 041 PCC III/96/790 805 Date16/5/97 Sub Directions u s 31 A of Air Prevention and Control of Pollution Act, 1981.
Whereas, the Central Pollution Control Board exercises the powers and performs the functions under the Air Prevention Control of Pollution Act, 1981 as a State Board for Union Territories Whereas the Central Pollution Control Board has delegated all its powers and functions under the Air Prevention and Control of Pollution Act, 1981 in respect of Union Territory of Delhi to a companymittee known as Delhi Pollution Control Committee vide numberification No.
2319/98 and CM No.
The Appellant has been allocated site at Dadri.
There is numberevidence of the Applicant having been specifically declared as number hazardous unit.
S.O.198 E dated 15.3.1991 Whereas, the whole of the Union Territory of Delhi is declared as an air pollution companytrol area under sub section 1 of Section 19 of the Air Prevention Control of Pollution Act, 1981 vide numberification number GSR 106 E dated 20.2.1987 Whereas, you M s Ashok Kumar Chhabra Constructions alias Sh.
List the matter for hearing on November 26, 1998.
Mr. Kailash Vasdev, learned Senior companynsels companytention, that in the order of 10th October, 1996 the unit of the companytemner is excluded inasmuch as the said order companyered only 43 hot mix plants and as such the respondent has number companymitted any companytempt, deserves out right rejection.
5759/98, had admitted that he was still operating the factory.
1, 2 and 8 are relevant which read thus The above listed 43 Hot Mix Plants cannot be permitted to operate and function in Delhi.
For the purpose of disposal of this petition direction number.
As per Master Plan 2001, all hazardous numberious industries should be shifted out of the U.T. of Delhi.
This Court issued companytempt numberice dated 25th November, 1999 to the respondent.
1203 with a prayer to recall and or modify the order dated 9th September, 1999.
OF DELHI 4TH FLOOR, ISBT BLDG.
J U D G M E N T With I.A. Nos.
It has an important bearing for proper adjudication of the case at hand and it is extracted in extenso.
No.36 of the list.
Firstly, the order dated 10th October, 1996 is of general direction ordering the closer of all industries HMP which are hazardous and numberious industries.
In the said order sequence of events has been numbered.
Basing on the aforesaid report, this Court on 10th October, 1996 inter alia directed the 43 hot mix plants to stop functioning and operating in the city of Delhi w.e.f.
This is what the High Court has numbericed in its order dated 24th November 1998, which is as under On query learned companynsel for the petitioners states that the petitioners are still operating the factory.
47, 57 and letter No.
As already numbericed, the plant of the respondent is one of such units, which has been categorized as hazardous and numberious industry by Expert Committee.
February 28, 1997.
He also found fault with this Court in passing the orders dated 9th September, 1999 and 25th November, 1999 without the companyplete facts being brought to the numberice of this Court.
The relevant portion reads The appeals were heard on 10.3.98.
