INDIAN COUNCIL FOR ENVIRO LEGAL ACTION Vs. UNION OF INDIA
LAWS(SC)-2001-2-94
SUPREME COURT OF INDIA
Decided on February 06,2001

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

JUDGEMENT

- (1.) On the 10/10/2000 we granted one more opportunity to all the parties to meet and consider the two proposals and finalise one of them. We further directed the Andhra Pradesh Pollution Control Board, hereinafter referred to as "the Board," to file short affidavit to state which of the two proposals it considered feasible and possible to be executed. This affidavit was also to specify the period to be taken in completing the approved proposal. We further directed to state, which of the industries have yet not reached the permissible level of waste and not likely to reach within three months and the last direction was with reference to the disbursement of compensation by the District Judge. So far as the last direction, as per the office report, the District Judge has sent an interim report dated 6/12/2000 with prayer to grant six months further time to facilitate him to submit the final report. We grant the said the (sic) months to the District Judge for placing the final report.
(2.) In terms of the said order the Board had filed its status report. All the concerned parties met to consider the feasibility of the alternative proposals made by the CEPT, Patancheru. The meeting was held on 20/10/2000. According to the said report the Committee discussed the alternatives in the light of the earlier orders passed by this Court and came to the conclusion that none of the alternative proposals were acceptable but the original first option of 18 km. pipe line was again approved. Annexure III of this report finally deals with joint revised action plan for laying down this 18 km. pipe line project. It specifies the time frame within which this has to be achieved including its total cost. The matter referred at Serial No. 1 of this Annexure, is the EIA report for the pipe line project identifying the competent agency, awarding work, stating of the agencies as per terms and conditions. This was to be completed by January, 2001. We are informed a final report is likely to be submitted shortly. As per this joint revised action plan, the entire scheme would be completed by August, 2002.
(3.) This scheme also envisages the proportionate costs to be born by the polluting industries, State Government and the Financial institutions. On behalf of the polluting industries we are informed, towards this they have already deposited rupees two crore out of their 1/4th share. So far the State Government, learned counsel appearing for the State could not state as to by what time the State Government would be able to deposit their share and within what time it would be able to get sponsoring from the financial institutions for the deposit of their share for the lack of instruction. This is important, since the proposed joint action specifies fixed time frame for completing it, any delay on behalf of the State would badly affect this project. We hope and trust the State by the next date fixed will clearly state the time within which it would be able to do it, keeping in view of the time frame specified in this report.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.