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Supreme Court of India · body

1996 DIGILAW 1835 (SC)

World Saviors v. Union of India

1996-09-27

A.M.AHMADI, SUJATA V.MANOHAR

body1996
JUDGMENT : 1. By the Notification dated 1st February, 1989, the criteria for categorisation of red industries was set out in paragraph C (1) (2) and (3) of the Notification and thereafter, the Notification proceeded to state that the following industries appear to fall under this category covered by all the points as above and enumerated as many as 45 processes concerning various items of manufacture. The use of the word `appear to fall' clearly indicates that this was a tentative understanding at the relevant point of time and each industry belonging to the stated manufacturing process had to be identified for the purpose of determining whether it fell within the red category answering the criteria indicated in paragraph C (1)(2) and (3) of the Notification. Pursuant thereto, the U.P. Pollution Control Board undertook an exercise and classified the industries falling within the green, orange and red categories. The Govt. of India did not agree with their classification in its entirety but it has yet to state what exercise it has undertaken to confirm its tentative classification. We would, therefore, like the Govt. of India to file an affidavit keeping in view the events that have taken place during the pendency of this petition within four weeks from today. In doing so, it will also keep in mind the additional affidavit filed on behalf of the Union of India by Shri R. Ananda kumar. 2. List the petition after four weeks.