JUDGEMENT
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(1.) WE have heard the learned counsel on both sides with regard to the mode of implementation of the work of removing and safe storage of iron sludge lying in the
exposed areas in and around the factory premises of Respondents 4-8.
(2.) A particular mode of storage was indicated in the previous order dated 16-6-1992 for the temporary storage. The agency which was required to carry out the work was also
indicated. That agency was Respondents 4 to 8 thereby. While the directions in regard
to the removal and storage of the waste indicated in the order remain undisturbed,
however, we think there should be a change in the agency through which the work is to
be executed.
It would be conducive to a more expeditious and less controversial situation if the work is directed to be done by the Ministry of Environment. Union of India. The
expenditure tentatively estimated at approximately Rs. 2 to 3 lakhs (excluding the cost
of construction of storage tanks would have to be met by Respondents 4-8) is to be
borne by Respondents 4 to 8. Now that storage tanks near the water treatment plant
offered to be made available by Respondents 4 to 8, the expenditure, as tentatively
estimated would be in the region of Rs. 2 to 3 lakhs for the purposes of removing,
transporting and storing the iron sludge lying in the exposed areas for temporary
storage.
(3.) WE , therefore, direct Respondents 4 to 8 to deposit in this Court, on or before 21-7-1992, a sum of Rs. 2.5 lakhs. The Department of Environment, Union of India will immediately undertake the work, either by its own departmental agencies or by
appointing such other agencies, including the Rajasthan Pollution Control Board, as
may appear appropriate to the Department of Environment. The work shall be executed
most expeditiously keeping in mind the consequences that will ensue upon the onset of
rains with the prospect of the hazardous chemicals further percolating into the subsoil.;
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