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1996 DIGILAW 1412 (SC)

M. C. Mehta v. Union of India

1996-08-06

KULDIP SINGH, S.SAGHIR AHMAD

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JUDGMENT : This Court on March 29, 1996 passed the following order : "The West Bengal Pollution Control Board has placed in its report dated March 26, 1996 on record. At Page 12, a list of all categories of industries who have Pollutional hazards, has been given. The Pollution Control Board has issued notices to all the industries belonging to the 68 categories mentioned at pages 72-74, directing the industries to install the necessary pollution control devices within a reasonable time. Needless to say that in the event of failure to comply with the directions, the Board may take action in accordance with law. The Board shall file after over two months the progress report in this respect." 2. Pursuant to the above quoted order, Mr. Bishwajit Mukherjee has filed an affidavit on behalf of the West Bengal Pollution Control Board. It is stated in the affidavit that the Board has already started the inspection of various industries in order to curb pollution. It is stated that there are at least 3,000 units falling under 68 categories which are to be inspected. About 1,000 industries have been inspected by the Board and the status report has been annexed with the affidavit. 3. On a request made by this Court, the Chief Justice of Calcutta High Court has already constituted a "Green Bench" to deal with the environmental matters. Some of the matters pertaining to Howrah were transferred by this Court to the Calcutta High Court. So far as this matter is concerned, we are of the view that it can be better examined and dealt with by the High Court. We, therefore, direct that this Court's order dated March 29, 1996 re-produced above and the relevant part of the Report of the Board contained in para 8 of Mr. Bishwajit Mukherjee's affidavit be sent to the High Court. We request the High Court to treat these matters as proceedings under Article 226 of the Constitutions of India and monitor the same with a view to safeguard environment and control pollution. We direct the Pollution control Board to appear before the Registry of the Calcutta High Court on September 2, 1996. 4. Needless to say that the Board shall inspect all the industries falling under the 68 categories and place the status report before the High Court for its consideration.