INDIAN COUNCIL FOR ENVIRO-LEGAL ACTION Vs. UNION OF INDIA
LAWS(SC)-2005-8-123
SUPREME COURT OF INDIA
Decided on August 03,2005

Indian Council For Enviro -Legal Action Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) PURSUANT to the orders passed by this Court on 14 -7 -2005, the District Collector, Udaipur has submitted a report dated 28 -7 -2005, according to which three villages, namely, Bichdi, Sihara and Sangeri, are affected by pollution and in nearly 642 hectares of land in those areas there has been damage to the soil of the agricultural land and the underground water. The District Collector who is present today wants further time to ascertain whether, apart from these areas, any other areas arc affected by pollution.
(2.) MR . Aruneshwar Gupta, learned Additional Advocate General appearing for the State of Rajasthan states that the Stale Government will seek the help of an expert body/institution to explore the remedial measures to be undertaken to rectify the damage to the lands. In case the Slate Government approaches the Ministry of the Central Government concerned, necessary assistance, such as providing the services of the experts, shall be extended to the State Government. As regards the sale of the assets of Respondents 4 to 8 Companies, which stand attached by virtue of the orders of this Court, they have to be sold without further loss of time. We are informed that there are four financial institutions, namely, IFCI, IDBI, ICICI and Central Bank of India which have advanced loans to the respondent Companies and some of the institutions have filed applications before the Debts Recovery Tribunal for realisation of the amounts. In any case, the sale of the assets by itself does not prejudice the claims of the financial institutions. Therefore, it is expedient to go ahead with (he process of sale of the assets so that the amount could be realised at the earliest. As regards the claims of the financial institutions, the issue will be decided at the appropriate time in due course after the amount is realised.
(3.) FOR the purpose of facilitating the sale so as to fetch the maximum possible price, we consider it necessary to direct the constitution of a committee to initiate and monitor the steps for sale. The Principal Judge, Udaipur/District Collector, Udaipur and one representative of each of the four financial institutions referred to above, shall constitute the Committee. The State Government, the four financial institutions referred to above and Mr. O. P. Aggarwal, Managing Director of Respondents 4 to 8 Companies, will deposit a sum of Rs. 1 lakh each towards the preliminary expenses for the purpose of taking steps for sale, including advertisement, valuation, etc. to the credit of the District Judge.;


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