NEW DELHI: Industries in residential or 'non-conforming areas' of Delhi are contributing to air pollution, members of Supreme Court-mandated Environment Pollution Control Authority (EPCA) told the Delhi government officials recently in a meeting over the implementation of the graded response action plan called by EPCA. The Delhi government officials said they were aware of the mushrooming industries and have received many complaints about them causing pollution, but their hands are tied.
The Delhi environment department and Delhi Pollution Control Committee (DPCC) were unable to act against these industries because of legal loopholes. The officials who attended the meeting said they were aware that many industries have come up in 'non-conforming areas'—areas not meant for industrial activity according to the master plan of Delhi. But DPCC cannot shut them immediately as the law prescribes issuing a notice first.
There are about 70,000 to 1 lakh such industries located in Delhi's residential or non-conforming areas, according to a lawyer who represents DPCC. "If DPCC issues show-cause notices to these industries under the Air and Water Act, it will amount to recognising illegal industries. It defeats the purpose when you actually want them closed," said a lawyer.
The environment department officials said that the corporations are supposed to close these industries.
In a 2004 judgment in the MC Mehta case, the Supreme Court had directed that all industrial units that have come up in residential or non-conforming areas in Delhi on or after August 1, 1990, should close down and stop operating as per a certain timeline within a year of the judgment. It had said in the judgment that "survey conducted by DPCC in 1995-96 showed that about 1,26,000 industrial units were functioning in Delhi, of which approximately 1,01,000 were in residential/non-conforming areas and only about 25,000 in approved industrial areas". National Green Tribunal in a recent case against industrial pollution in Mandoli had also reiterated that the SC order be implemented.
The heavy or polluting category industries had already been moved out of Delhi after SC orders, but these smaller industries multiplied over the years, according to officials. These include electroplating units, dyeing, pickling and forging, among others.
Spokespersons from the three municipal corporations said that the process for implementing the court's order is going on. Many owners had themselves closed their factories located in residential areas after the notices, while sealing is being conducted for other violators. The factory licensing department is also actively pursuing them.
EPCA has ordered the Delhi environment department to commission a survey of these illegal industries by a third party organisation so that the magnitude of the problem can be gauged. IIT Kanpur's source apportionment study for Delhi's pollution released in 2015 has also highlighted emissions from small-scale industries in residential areas. Many of these industries are located in parts of Old Delhi, Shahdara, Giri Nagar, Vishwas Nagar, Karawal Nagar, among others.
