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1990 DIGILAW 234 (SC)

Indian Council For Enviro-Legal Action v. Union of India

1990-04-04

J.S.VERMA, M.N.VENKATACHALIAH, N.D.OJHA

body1990
ORDER : M.N. Venkatachaliah, N.D. Ojha And J.S. Verma, JJ. - Heard the learned counsel on both sides. I. Clearance of the sludge 2. On the previous occasion, we had directed the Rajasthan State Pollution Control Board to undertake the work of transporting and storing the sludge in safe places. It was also indicated in that order that Respondents 4 to 8 would meet the expenses of the operation. Today, we ascertained from the learned counsel for the Board as to the action taken to ensure the execution of this work of clearance of the sludge. 3. The urgency of the matter is that before the onset of the monsoons the sludge should be removed and stored safely so that in the ensuing rains the deleterious chemicals in it do not seep into the soil and the subsoil. The response of the Board appears to be that it has, in turn, entrusted this work to Bridge Construction Corporation. There is no specific assurance in the affidavit of the Board that the work would be completed by it, or under its supervision, before the onset of rains. 4. Shri Shanti Bhushan, learned Senior Counsel for Respondents 4 to 8 stated that in view of this situation, Respondents 4 to 8 would themselves undertake to execute the work and as the first step would transport all the sludge and store it in their own covered godowns so that there may be no risk of the sludge seeping into the soil and subsoil during the rains. 5. Shri Shanti Bhushan stated that this work of transporting and storing would be completed within five weeks from today and these respondents would, thereafter, seek specific instructions from the Board for the final safe disposal and storage of the sludge. Upon such directions from the Board, the respondents say, they would carry out the work and if any modifications in the directions in that behalf are needed, they would approach the Court. 6. On a consideration of the matter, the offer made by Respondents 4 to 8 appears acceptable as it ensures immediate clearing of the sludge from the open spaces so that there will be no prospect of risk pollution from that source. Respondents 4 to 8 are, accordingly, directed to carry out the operation of collecting and transporting the sludge and storing it in covered sheds within five weeks from today. Respondents 4 to 8 are, accordingly, directed to carry out the operation of collecting and transporting the sludge and storing it in covered sheds within five weeks from today. The Board shall thereafter issue directions to Respondents 4 to 8 in regard to the next phase of the work of disposal of the sludge viz. the storage of the sludge in pits with appropriate seepage-proof linings. II. Assessment of the damage 7. In the writ petition, the petitioner has referred to the damage to the livestock, crops and vegetation, etc. caused by the effluents. In Clause (e) of the prayer, they have sought for compensation for these losses and damage. 8. Without prejudice to the contentions of the parties on the point, it is appropriate that the State Government do collect data and information about the nature and the extent of environmental damage in terms of the loss of livestock, loss of crops and tree growth, damage to the wells and water resources in the area. The State Government shall get this data investigated and collected through its local revenue authorities under the supervision of the head of District Civil Administration and submit a report to this Court within three months from today. This will be taken into account in moulding the relief at the final disposal of the writ petition. 9. Call after three weeks. Court Masters.