- (1.) IN the order of 17-2-1992 Indian Council for Enviro-Legal Action v. Union of India, W. P. (C.) No. 967 of 1989, W. P. (C.) No.94 of 1990 order dated 17-2--1992 while indicating the reasons for need to conduct an inspection of the area in and around Bichhri Village where extensive damage is said to have occurred on account of the release of untreated effluents from the undertakings manufacturing "H acid", this Court has had occasion to observe: "The recurrent theme in this environmental litigation has been the concern for the removal and disposal of certain by-products in the manufacture of 'one Hydroxy eight Amino Naphalone, 3-6 disulphuric acid' ('H acid', for short) said to be extremely hazardous and allegedly remaining yet uncleared in Bichhri village. Respondents 5 and 8 while manufacturing "H acid" discharged this industrial waste which if allowed to contaminate the soil, its toxic chemicals will pollute the underground water. The effects already manifest have been disastrous to the flora and fauna and the beautic {sic) community in the area. As it is, the aquifers in the area have been seriously polluted and a large number of wells in the area have become unusable even for agricultural purposes, let alone as a source of potable water. 4. Both the damage to the eco-system in the area and the extent of it are not seriously disputed. But as to the sources of the causative and contributory factors, there is some controversy between Respondents 4 to 8 on the one hand and the Hindustan Zinc Ltd. - Respondent 9 on the other. Respondents 4 to 8 refer to and rely upon certain reports - as old as March 1981 - in their efforts to substantiate their claim that the pollution of the aquifers in the area had commenced long anterior to the commencement of the production of 'H acid' by them and that even on petitioner's own showing Hindustan Zinc has had its own contribution in this behalf. Respondents 4 to 8 accordingly contend that their contribution to the devastation, if at all, could only be slight. This controversy has the familiar ring of disputes of apportionment between joint tortfeasors. This may, perhaps, be relevant in the apportionment of damages; but for the present the existence and the extent of the damage are undisputed. What is called for is immediate remedial action."
(2.) THE operative part of the said order said: "We are, therefore, constrained to direct the Union Government through its Ministry of Environment and Forest to depute its experts immediately to inspect the area and ascertain the existence and extent of gypsum and iron-based sludge in the area. The Union Government will get an assessment of the situation made by its experts: ascertain the nature and extent of the wastes; their pollution potential and also test the samples to determine the nature of the handling and disposal procedures and prescribe a package of procedures for handling, transportation and safe storage of these wastes in accordance with the guidelines issued for the management and handling of such wastes." The Government of India has since caused an inspection by its experts to be made and has filed a report. The report, more or less, confirms the existence of uncleared accumulation of the toxic wastes in and around the area. The report has also indicated the disposition of the said waste in the area and in particular has identified certain areas of their concentration. The report indicated the immediate remedial measures required to be taken to retrieve the situation from further worsening with the onset of rains. It is of utmost importance that clearance and safe storage of the toxic debris in and around the area be expedited.
(3.) THE question is as to the manner in which this work is to be undertaken and executed.;