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Issues Involved:
1. Contempt of Court for willful violation of court orders. 2. Legality of hot mix plant operations in Delhi. 3. Compliance with the Air (Prevention and Control of Pollution) Act, 1981. 4. Validity of orders passed by the Delhi Pollution Control Committee (DPCC) and the Appellate Authority. 5. Apology tendered by the respondent. Detailed Analysis: 1. Contempt of Court for Willful Violation of Court Orders: A contempt petition was filed against the respondent for willful violation of various orders passed by the Supreme Court. The respondent was operating a hot mix plant in New Delhi, which was deemed hazardous by an Expert Committee of the Central Pollution Control Board (CPCB). The court had ordered the relocation of such plants outside Delhi by February 28, 1997. Despite these orders, the respondent continued to operate his plant, leading to the issuance of a show cause notice for contempt on November 25, 1999. The respondent's continued operation was in defiance of the court's orders, and his actions were deemed contumacious. 2. Legality of Hot Mix Plant Operations in Delhi: The Expert Committee of CPCB categorized hot mix plants as hazardous industries due to their emissions, which include particulate matter, sulfur dioxide, and polyaromatic hydrocarbons, most of which are proven carcinogens. Based on this report, the Supreme Court directed the closure and relocation of 43 hot mix plants in Delhi by February 28, 1997. The respondent's plant was later included in this list, and an alternative site was allotted to him at Dadri. Despite these directives, the respondent continued to operate his plant in Delhi, violating the court's orders and the Master Plan 2001, which mandated the relocation of hazardous industries. 3. Compliance with the Air (Prevention and Control of Pollution) Act, 1981: The respondent's continued operation of the hot mix plant in Delhi was in violation of the Air (Prevention and Control of Pollution) Act, 1981. The Delhi Pollution Control Committee (DPCC) issued directions under Section 31(A) of the Act to stop the operation of the plant. The respondent's plant was sealed on December 10, 1997, and his appeal against this order was dismissed by the Appellate Authority, Ministry of Environment and Forests, on March 20, 1998. The Appellate Authority upheld the categorization of hot mix plants as hazardous and directed the respondent to stop all operations in Delhi. 4. Validity of Orders Passed by the DPCC and the Appellate Authority: The DPCC's order dated May 16, 1997, and the subsequent sealing order were challenged by the respondent but were upheld by the Appellate Authority. The Appellate Authority confirmed that the respondent's plant fell under the hazardous category and was required to be relocated outside Delhi. The respondent's contention that the Supreme Court's order did not apply to his plant was rejected, as the court had included his plant in its subsequent orders and allotted an alternative site for relocation. 5. Apology Tendered by the Respondent: The respondent tendered an apology in his affidavit dated January 28, 2003, but the court found it to be insincere and belated. The apology was not accompanied by any remorse or contrition, and the respondent continued to defend his actions. The court emphasized that an apology is not a weapon of defense to purge the guilt of the contemner and must be sincere and timely. The court rejected the apology and held the respondent guilty of contempt of court. Conclusion: The court found the respondent guilty of contempt for willfully violating its orders and continuing to operate a hazardous hot mix plant in Delhi. The respondent's actions were in defiance of the court's directives and the Air (Prevention and Control of Pollution) Act, 1981. The court sentenced the respondent to one-week simple imprisonment and imposed a fine of Rs. one lakh, to be paid within two weeks. The court emphasized the need to send a strong signal to deter similar violations and protect public health and the environment.
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