INDIAN COUNCIL FOR ENVIRO-LEGAL ACTION Vs. UNION OF INDIA
LAWS(SC)-1990-4-84
SUPREME COURT OF INDIA
Decided on April 04,1990

INDIAN COUNCIL FOR ENVIRO-LEGAL ACTION Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.)HEARD the learned counsel on both sides.
(2.)ON the previous occasion, we had directed the Rajasthan State Pollution Control Board to undertake the work of transporting and storing the sludge in safe places. It was also indicated in that order that Respondents 4 to 8 would meet the expenses of the operation. Today, we ascertained from the learned counsel for the Board as to the action taken to ensure the execution of this work of clearance of the sludge.
The urgency of the matter is that before the onset of the monsoons the sludge should be removed and stored safely so that in the ensuing rains the deleterious chemicals in it do not seep into the soil and the subsoil. The response of the Board appears to be that it has, in turn, entrusted this work to Bridge Construction Corporation. There is no specific assurance in the affidavit of the Board that the work would be completed by it, or under its supervision, before the onset of rains.

(3.)SHRI Shanti Bhushan, learned Senior Counsel for Respondents 4 to 8 stated that in view of this situation, Respondents 4 to 8 would themselves undertake to execute the work and as the first step would transport all the sludge and store it in their own covered godowns so that there may be no risk of the sludge seeping into the soil and subsoil during the rains.
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