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1996 DIGILAW 1882 (SC)

M. C. Mehta v. Union of India

1996-10-03

KULDIP SINGH, S.SAGHIR AHMAD

body1996
JUDGMENT : IA. No. 22: 1. This Court is monitoring the construction of CETPS in respect of 28 industrial areas in Delhi for the last about one year. Pursuant to this Court's order dated September 11, 1996 Mr. Ganga Das, Principal Secretary and Commissioner, Department of Industries, Government of N.C.T. of Delhi has filed a short affidavit dated October 1, 1996. It is stated in para 1 of the affidavit that "pursuant to the orders of this Hon'ble Court dated 11.9.1996 and 26.9.1996, the Government of Delhi will provide Rs. 22.5 crores as its contribution for the construction of CETP's in the capital. The amount shall be released in terms of the directions of this Hon'ble Court. 2. Mr. Malhotra has placed on record the affidavit by Dr. Shyam Lal, Director in the Ministry of Environment and Forests. The affidavit is dated October 1, 1996. The operative part of the affidavit it as under: "3. According to the Scheme, a maximum amount of Rs. 50 lakhs per CETP or 25% of the cost of CETP, whichever is less, could be made available as central subsidy subject to the matching grant made available by the State Government. An administrative decision has already been taken to raise the central subsidy from Rs. 50 lakhs to Rs. 1.00 crore. As such, Central Government would be in a position to sanction a total of Rs. 15 crores for fifteen CETPs to be set up by the Government of Delhi/ DPCC. An amount of Rs. 3.00 crores are available as per the Budget Estimates of MOEF for the financial year 1996-97, which is being revised to Rs. 18 crores and the matter is under consideration from financial angle for re-appropriation purposes. Out of the available funds of Rs. 3.00 crores in the current financial year, a sanction order for release of Rs. 2.80 crores as the first instalment for the construction of CETPs has been issued on 1.1096 (Annexure-I). The remaining amount would be released after the necessary re- appropriation is done from financial angle as also depending upon the progress of work." 3. It is obvious from what is stated in the affidavit of Dr. Shyam Lal that Government of India has sanctioned Rs. 15 crores for the 15 CETPs to be set up by the Government of Delhi and DPCC. It is obvious from what is stated in the affidavit of Dr. Shyam Lal that Government of India has sanctioned Rs. 15 crores for the 15 CETPs to be set up by the Government of Delhi and DPCC. We make it clear that there are 28 industrial estates which are to be provided with the CETPs. Initially 28 CETPs were to be constructed and in that eventuality the Government of India's contribution (Rs. 1.00 crore for one CETP) would have come to Rs. 28 crores. NEERI has devised the whole project in such a way that in stead of 28 CETPs, 15 CETPs are being set up to cater the need of all the 28 industrial estates. In this view of the matter, even on the basis of the policy of the Government of India it is required to contribute the total amount of Rs. 22.5 crores. Mr. Malhotra, learned counsel appearing for the Union of India, has very fairly stated that the matter is under consideration and the Union of India shall finally sanction Rs. 22.5 crores to meet the requirement of the project. We have no doubt that the Government of India would be in a position to contribute Rs. 22.5 crores towards the project-costs. 4. Dr. Singhvi, appearing for the IDBI, has again' brought to our notice the cumbersome procedure which is required to be followed by the industries before they are entitled to the benefit of the loan to be advanced by the IDBI. We have considered this aspect in various earlier orders passed by this Court. Be that as it may, Dr. Singhvi has brought to our notice the five requirements under the scheme. He states that industries must form societies, the efficacy of the treatment plant should be certified by the authority, financial analysis to be done, unit wise contribution has to be indicated and accounting parameters including D.S.C.R./D.E.R. are to be indicated. It is clear from the record that all the requirements of IDBI have already been substantially complied with. A comprehensive NEERI report is already on the record. A copy of the report has already been given to IDBI for ready reference. The position regarding the capital cost in respect of each CEPT as indicated by NEERI is as under: STATUS REPORT REGARDING INDUSTRIAL AREAS WHERE CETPS ARE ADVISED BY NEERI S. No. CETP Industrial Area Covered Capital Cost Rs. A copy of the report has already been given to IDBI for ready reference. The position regarding the capital cost in respect of each CEPT as indicated by NEERI is as under: STATUS REPORT REGARDING INDUSTRIAL AREAS WHERE CETPS ARE ADVISED BY NEERI S. No. CETP Industrial Area Covered Capital Cost Rs. In Lakhs Society Formed or Not 1. Andn Parbat Anand Parbat 772.98 Yes 2. Badli Badli 671.51 Yes 3. DSIDC, Nangloi (i)DSIDC, Nangloi (ii) Udyog Nagar 466.31 Yes 4. *G.T.K. Road G.T.K. Road 563.5 Under Process 5. *Jhilmil (i) Jhilmil (ii) Friends Colony 157.81 Under Process 6. Lawrance Road Lawrance Road 400.73 Yes 7. Mangolpuri Mangolpur 137.47 Yes 8. Mayapur Mayapuri 436.56 Yes 9. Mohan Co.op Mohan Co.op 466.10 Yes 10. Najafgarh Rd. (i) Najafgarh (ii) Moti Ng. DKF 253.24 Yes 11. Naraina (i) Naraina (ii) Kirti Ngr. 714.93 Yes 12. Okhla Okhla 802.20 Yes 13. Okhla Estate Okhla Estate 457.99 Yes 14. *SMA Indl. Area (i) SSI (ii) SMA (iii) Raj. Udyog Ngr. 978.53 Under Process 15. Wazirpur Wazirpur 937.26 Yes Information of Societies: As per Delhi Factory Owner's Federation. No. of industries in the Industrial Areas : 20000 No. of Industries who have submitted information to NEERI for cost appointment : 1005 5. So far as the objections of IDBI are concerned, the NEERI report meets all the objections. The details indicated above show that societies in 12 industrial areas have already been constituted and the remaining three areas is in the process. The capital cost has also been indicated. The treatment plant efficacy and the financial analysis has been given in detail by the NEERI in its report. So far as unit wise contribution is concerned, NEERI is in the process of finalising it and it shall be placed on the record shortly. 6. We request Mr. Kaushal to get in touch with Dr. Khanna, Director, NEERI on telephone and find out within how much time the necessary report would be ready. For further directions to be listed on 8th October, 1996 at 2.00 p.m.