JUDGEMENT
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(1.) PERMISSION to file SLP granted.
(2.) LEAVE granted.
(3.) THE State of Gujarat has challenged the order(s) passed by the High Court of Madhya Pradesh in these appeals. About 315 M.T.S of waste lying at Union Carbide India Ltd. factory at Bhopal was sought to be incinerated at BEIL, Ankleshwar in Gujarat. The Madhya Pradesh State Pollution Control Board sought a direction from the High Court of M.P. to incinerate the waste at Ankleshwar in Gujarat. This was objected to by the State of Gujarat.
Notices were issued to the Respondents. After series of deliberations with the counsel on either sides/parties and in view of the dispute between the two States on 19.01.2009, this Court requested the Union of India (Ministry of Chemicals and Fertilizers) to constitute/have a High Level meeting/committee to discuss with the representatives of the States of Gujarat and Madhya Pradesh and to find out some reasonable solution for the disputes. It was also indicated that the Committee so constituted may also take the advise of the Central Pollution Control Board and the State Pollution Control Boards in arriving at an appropriate decision. The task force which was constituted pursuant to the directions of this Court had held a meeting on 05.01.2010 and took certain decisions and a copy of the Minutes of the Meeting so held by the task force has been produced before this Court and it is also to be noticed therein that the Principal Secretary, Housing and Environment Department, Govt. of M.P., briefed the task force on the status of operationalization of incinerator at TSDF, Pithampur and the facility was to be ready by November, 2009 but it has been delayed and under Section 5 of the Environment Protection Act, 1986 given directions to the operator of the incinerator at TSDF Pithampur for installation of Multi Effect Evaporator which involves both cost and further delay; the Chairman of the Task Force had requested the Senior Scientist of CPCB for his comments and it was agreed that a conditional clearance would be given by CPCB for the trial run and stabilization of incinerator at TSDF, Pithampur and the whole process would be completed within a time bound schedule.;
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