- (1.) Having heard learned counsel for the parties for quite some time and having seen the report of the National Environment Appellate Authority, in our view, a further report from the said Authority is required to be called for the simple reason that the Technical Committee of the appellant Board has laid down certain conditions on 16/7/1999, on the satisfaction of which the project in question may be found feasible at the location. So far as this aspect is concerned, the report of the National Environment Appellate Authority has not considered the same as such a question was not referred to it by the earlier order of this Court. Consequently, a moot question arises on assumption that the project in question is a hazardous one, whether its location at the spot in question if subjected to sufficient safeguards, can be treated to be permissible in accordance with the requirements of this case. For that purpose, we deem it fit and proper to appoint Dr. Paul Ratnasamy, Head of the National Chemical Laboratory, Pune with a request to go to the spot, inspect the site and then consider as to whether the conditions prescribed by the Technical Committee of the appellant Board on 16/07/99 and any further safeguards and conditions can be sufficient to permit the commissioning of the project at the location in question.
(2.) Dr. Paul Ratnasamy, Head of the National Chemical Laboratory, Pune shall be entitled to take assistance of the National Geological Survey of India to make his report comprehensive. The entire exercise in this connection, after hearing all the parties and their counsel may be completed within two weeks from the date all the relevant documents are received by Dr. Paul Ratnasamy, who shall send his report to the National Environment Appellate Authority. The Appellate Authority is requested to examine the report of the aforesaid expert and after hearing the parties and permitting them to cross-examine the expert, if necessary, shall submit its supplementary report within four weeks of the receipt of Dr. Paul Ratnasamy's report at its end.
(3.) All the relevant material and documents - including the earlier report of the Environment Appellate Authority and the evidence recorded by it shall be sent to Dr. Paul Ratnasamy of the National Chemical Laboratory, Pune within two weeks from today. A copy of this order be sent by the Registry of this Court for information and necessary action to the National 'chemical Laboratory, Pune.;