- (1.) THESE applications filed by Respondents 4 to 8 in Writ Petition No. 967 of 1989 relate to Direction 1 contained in the judgment of this Court dated 13-2-1996 Indian Council for Enviro-Legal Action v. Union of India, 1996 (3) SCC 212 relating to the remedial measures that are required to be taken. As per the direction contained in the judgment, the said respondents were required to submit their response to the Report of NEERI estimating the cost of such remedial measures at Rs. 37.385 crores. The said respondents submitted a report prepared by their experts. The experts were also given a hearing by the Secretary, Ministry of Environment and Forests, Government of India. The experts did not furnish any information on the cost estimates.
(2.) THE Secretary, Ministry of Environment and Forests, Government of India, has thereafter recorded his findings wherein he has referred to the Report of NEERI and the views expressed by the Committee of Experts from relevant fields that was constituted to consider the estimate of cost suggested by NEERI. In the said findings it is stated as follows: 'The Hon'ble Court has already concluded that it is the respondents who have caused the damage and that the pollution of the wells is on account of the wastes discharged by them. Further it was held that the Secretary, Ministry of Environment and Forests and Respondents 4-8 shall proceed on the assumption that (he affected area is 350 ha, as indicated in the Neeri Report. Therefore, it was decided to proceed ahead and a Committee of Experts from relevant fields was constituted to consider the estimate of cost suggested by NEERI. The Committee along with experts from the Ministry visited the site on 1-6-1996 and made some suggestions. They could however not arrive at a definite cost estimate. The Central Pollution Control Board, National Productivity Council, Water and Power Consultancy Services India Ltd., and Engineers India Limited were then consulted for ascertaining the cost. On examination of the relevant records including the reports and submissions made I am of the view that the remedial measures as well as the cost estimates in the report of NeEri are acceptable. However, as remedial measures on such a scale are being done for the first time and not much practical experience is available in the country the cost estimates can be finalised only when pre-remedial work is undertaken. Against this background, considering the views given by experts, the possibility of increase in the spread of contamination subsequent to the Neeri Report, I come to the conclusion that the cost of remedial measures will not be less than the estimate of Rs. 37.385 crores made by Neeri." On the basis of these findings a Letter dated 18-3-1997 was sent to the respondents by the Joint Secretary, Ministry of Environment and Forests, requiring them to deposit an amount of Rs. 37.385 crores within 30 days.
(3.) SHRI N.D. Nanavati, the learned Senior Counsel appearing for the respondent applicants has submitted that the Report of NEERI on the basis of which the demand of Rs. 37.385 crores has been made was submitted in 1994 and since then considerable change has taken place in the environment and that it would be appropriate that NEERI be asked to make a fresh assessment in the light of the present condition of the soil and subsoil water and submit its proposal for remedial measures that are required to be taken and the estimated cost thereof. The learned Senior Counsel states that the respondents undertake not to dispute such fresh estimate that is prepared by Neeri after such examination.;