1992 JTR(SC) 426
1992 2 CurCC(SC) 520 ; 1992 47 DLT 421 ; 1992 4 JT 46 ; 1993 1 PLJR(SC) 14 ; 1992 1 Scale 1124 ; 1992 3 SCC 256 ; 1992 3 SCR 357 ; 1992 2 UJ 10 ; 1992 KHC 1034
SUPREME COURT OF INDIA
K.Ramaswamy : Kuldip Singh
M.C.Mehta
Versus
Union Of India
Case No. : 4677 of 1985
Date of Decision : 5/15/92
Advocates Appeared: Bisht N.S. : Chadha S.S. : Chandra Satish : Dhingra S.K. : Duda P.N. : Goyal I.S. : Iyengar B.R.L. : Jain P.K. : Jain Randhir : Katiyar Anil : Kulkarni B.Y. : Kumar Ranjit : Mahajan V.C. : Malhotra Indu : Mathur Vishnu : Mehta M.C. : Midha Seema : Mishra R.B. : Mohan R. : Pandey Rekha : Pandita Vijay : Pillai K.R.R. : Rao C.V.Subba : Rao P.P. : Rohatgi K.B. : Rohtagi K.B. : Saharya V.B. : Saridharan R. : Sasiprabhu R. : Shekhar Shashank : Singh Hardev : Singhvi A.M. : Suri R.S. : Vasudev Kailash
Act Referred :CONSTITUTION OF INDIA : Art.32, Art.21
(A) The court invoked its jurisdiction under Article 32 of the Constitution of India to protect the fundamental right to life and health guaranteed under Article 21, emphasizing that the right to live in a pollution-free environment and breathe fresh air is an integral part of the right to life. The judgment integrates various statutory frameworks, including the Air (Prevention and Control of Pollution) Act, 1981, and the Environment (Protection) Act, 1986, to address the failure of statutory bodies in controlling air pollution. Specifically, the court applied Section 31-A of the Air Act and Section 5 of the Environment (Protection) Act to validate the closure of polluting units, while referencing the Delhi Development Act, 1957 and the Faridabad Complex Administration Act, 1971 to regulate the legality of industrial operations within specific zoning regulations.
(B) The core legal principle established is that industrial development cannot supersede the environmental quality and public health of citizens. The court affirmed that the state and its agencies have a statutory duty to prevent pollution, and failure to do so constitutes a breach of the citizens' fundamental rights under the Constitution.
Facts of the case:
Numerous stone crushers were operating within the Union Territory of Delhi and the Faridabad-Ballabgarh complex in Haryana. These operations contributed significantly to air pollution, leading to Delhi being ranked as one of the most polluted cities globally. The statutory authorities, including pollution control boards and municipal corporations, failed to enforce environmental laws and zoning regulations, prompting legal action to stop the polluting activities.
Findings of Court:
The court found that the Delhi Development Authority, Municipal Corporation of Delhi, and Pollution Control Boards were wholly remiss in their statutory duties. It observed that the level of pollution had become a health hazard for residents. The court noted that while industrialization is inevitable, it must not result in the degradation of air, water, and land to an extent that violates the right to health.
Issues:
Whether the operation of stone crushers in residential and restricted zones of Delhi and Haryana violates the fundamental right to a clean environment under Article 21 of the Constitution; and whether the statutory authorities failed in their duty to regulate air pollution.
Ratio Decidendi:
The right to a pollution-free environment is a fundamental right under Article 21. When statutory bodies fail to perform their duties to protect public health from industrial pollution, the court must intervene to order the cessation of such activities, regardless of the economic impact, though rehabilitation of affected industries may be considered separately.
Result:
The court ordered the total cessation of all mechanical stone crushers in the specified areas of Delhi and Haryana by August 15, 1992. It directed the immediate closure of unlicensed units and those previously ordered closed by pollution boards, while ordering the State of Haryana to rehabilitate affected operators in a designated crushing zone.
(A) The court invoked its jurisdiction under Article 32 of the Constitution of India to protect the fundamental right to life and health guaranteed under Article 21, emphasizing that the right to live in a pollution-free environment and breathe fresh air is an integral part of the right to life. The judgment integrates various statutory frameworks, including the Air (Prevention and Control of Pollution) Act, 1981, and the Environment (Protection) Act, 1986, to address the failure of statutory bodies in controlling air pollution. Specifically, the court applied Section 31-A of the Air Act and Section 5 of the Environment (Protection) Act to validate the closure of polluting units, while referencing the Delhi Development Act, 1957 and the Faridabad Complex Administration Act, 1971 to regulate the legality of industrial operations within specific zoning regulations.
(B) The core legal principle established is that industrial development cannot supersede the environmental quality and public health of citizens. The court affirmed that the state and its agencies have a statutory duty to prevent pollution, and failure to do so constitutes a breach of the citizens' fundamental rights under the Constitution.
Facts of the case:
Numerous stone crushers were operating within the Union Territory of Delhi and the Faridabad-Ballabgarh complex in Haryana. These operations contributed significantly to air pollution, leading to Delhi being ranked as one of the most polluted cities globally. The statutory authorities, including pollution control boards and municipal corporations, failed to enforce environmental laws and zoning regulations, prompting legal action to stop the polluting activities.
Findings of Court:
The court found that the Delhi Development Authority, Municipal Corporation of Delhi, and Pollution Control Boards were wholly remiss in their statutory duties. It observed that the level of pollution had become a health hazard for residents. The court noted that while industrialization is inevitable, it must not result in the degradation of air, water, and land to an extent that violates the right to health.
Issues:
Whether the operation of stone crushers in residential and restricted zones of Delhi and Haryana violates the fundamental right to a clean environment under Article 21 of the Constitution; and whether the statutory authorities failed in their duty to regulate air pollution.
Ratio Decidendi:
The right to a pollution-free environment is a fundamental right under Article 21. When statutory bodies fail to perform their duties to protect public health from industrial pollution, the court must intervene to order the cessation of such activities, regardless of the economic impact, though rehabilitation of affected industries may be considered separately.
Result:
The court ordered the total cessation of all mechanical stone crushers in the specified areas of Delhi and Haryana by August 15, 1992. It directed the immediate closure of unlicensed units and those previously ordered closed by pollution boards, while ordering the State of Haryana to rehabilitate affected operators in a designated crushing zone.
A.M.SANGHVI, ANIL KATIYAR, B.R.L.Iyengar, B.Y.Kulkarni, C.V.SUBBA RAO, HARDEV SINGH, I.S.GOYAL, Indu Malhotra, K.B.ROHTAGI, K.R.R.PILLAI, KAILASH VASUDEV, M.C.MEHTA, N.S.BISHT, P.K.JAIN, P.N.DUDA, P.P.Rao, R.B.MISHRA, R.MOHAN, R.S.Suri, R.SARIDHARAN, R.SASIPRABHU, RANDHIR JAIN, RANJIT GHOSAL, REKHA PANDEY, S.K.DHINGRA, S.S.Chadha, SATISH CHANDRA AGRAWAL, Shashank Shekhar, SIMA MIDHA, V.B.SAHARYA, V.C.MAHAJAN, VIJAY PANDIT, VISHNU MATHUR
(1) WE reserved judgment in these matters on 24/04/1992. We heard learned counsel for the parties at considerable length for several days. We have been taken through the provisions of the Delhi Development Act, 1957, Master Plan for Delhi published in the Gazette of India dated 1/08/1990, the Delhi Development Authority (Zoning) Regulations, 1983, the Delhi Municipal Corporation Act, 1957, the Faridabad Complex Administration (Regulations and Development) Act, 1971, the Development Plan for the Faridabad-Ballabgarh Controller Areas published in the Haryana government Gazette dated december 17, 1991, the Air (Prevention and Control of Pollution) Act, 1981, the Environment (Protection) Act, 1986, the National Health Policy, 1985, the Ancient Monuments Act, 1958, the National Capital Region Planning Board Act, 1985 and various other documents including reports of the Experts on air pollution and environments. The parties have submitted detailed written arguments which we have taken into consideration. We have given our thoughtful consideration to the various arguments advanced by the learned counsel for the parties.
(2) WE are conscious that environmental changes are the inevitable consequence of industrial development in our country, but at the same time the quality of environment cannot be permitted to be damaged by polluting the air, water and land to such an extent that it becomes a health hazard for the residents of the area. We are constrained to record that Delhi Development Authority, Municipal Corporation of Delhi, central Pollution Control Board and Delhi Pollution Control Committee have been wholly remiss in the performance of their statutory duties and have failed to protect the environments and control air pollution in the Union territory of Delhi. Utter disregard to environment has placed Delhi in an unenviable position of being the worlds third grubbiest, most polluted and unhealthy city as per a study conducted by the World Health Organisation. Needless to say that every citizen has a right to fresh air and to live in pollution-free environments.
(3) FOR the reasons to be recorded and pronounced at a later stage we order and direct as under :
(1 The mechanical stone crushers established/operating in Lal Kuan, Anand Parbat, Rajokri, Tughlakabad and in any other area of the Union territory of Delhi shall stop operating/functioning with effect from 15/08/1992. No stone crusher shall operate in the Union territory of Delhi from August 15,1992 onward.
(2 The mechanical stone crushers established/operating in Suraj Kund, Lakhanpur, Lakkarpur, Kattan, Gurukul, Badkhal, Pallinangia, Saraikhaja, Anangpur and Ballabgarh areas of Haryana shall stop operating/functioning with effect from August 15, 1992. No stone crusher shall operate in the above-said area from 15/08/1992 onward.
(3 The writ petitions filed by the owners/proprietors of stone crushers in the Delhi High court which have been transferred to this court shall stand dismissed with no order as to costs.
(4 The stone crushers in the Union territory of Delhi/FaridabadBallabgarh Complex which do not have valid licences from the authorities under the Delhi Municipal Corporation Act, 1957/Faridabad Complex Administration (Regulations and Development) Act, 1971 or from any other authority which the law requires, shall stop functioning and operating with immediate effect.
(5 The stone crushers, in respect of which closure orders/directions have been issued by the central Pollution Control Board under S. 31-A of Air (Prevention and Control of Pollution) Act, 1981 or by the central government under S. 5 of the Environment (Protection) Act, 1986, shall stop functioning/operating with immediate effect.
(6 The Delhi Development Authority through its Vice-Chairman and Commissioner (Planning), the Delhi Municipal Corporation through its Commissioner, Faridabad Complex Administration through its Chief Administrator, Director Town and Country Planning Department, Haryana, Deputy Commissioner Faridabad, Haryana Urban Development Authority through its Commissioner/Chief Executive, central Pollution Control Board through its Member-Secretary, central government under the Environment (Protection) Act, 1986 and the Commissioner Police Delhi are directed to ensure the compliance with our above orders.
(7 The officers of the Town and Country Planning Department, government of Haryana, who were present in court, informed us that a new "crushing zone" has been approved at village Pali and the lay-out Plan has been prepared and is in the process of demarcation by the Haryana Urban Development Authority. The said "crushing zone" has been set up with the object of rehabilitating the existing stone crushers who are being stopped from functioning as a result of our orders. We, therefore, direct the State of Haryana through the Director, Town and Country Planning Department, Haryana, Chandigarh, the Chief Administrator Faridabad Complex Administration, the Deputy Commissioner, Faridabad and the Haryana Urban Development authority to demarcate, and allot the sites to the stone crushers mentioned in paras 1, 2, 4, and 5 above by draw of lots or by any other fair and equitable method. We further direct these authorities to provide additional land in or around the "crushing zone" if there is not sufficient land in the said zone to accommodate all the stone crushers affected by our orders. This exercise shall be completed and plots offered to the stone crushers within a period of six months from today. The Director, Town and Country Planning Department, Haryana, Chandigarh is further directed to send a progress report to the Registry of this court before 31/07/1992 in this respect,
(8 We make it clear that our orders contained in paras 1, 2, 4 and 5 above are in absolute terms and are not dependent or consequential to our directions in para 7 above.
(4) WE are not finally disposing of the writ petition at this stage and we keep it pending for the purposes of monitoring the above directions. To be listed on 5/08/1992.
(5) THE copies of this order be sent to all the authorities mentioned in paras 6 and 7 above within two days.