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1996 DIGILAW 430 (SC)

M. C. Mehta v. Union Of India

1996-02-14

G.B.PATTANAIK, KULDIP SINGH

body1996
ORDER : 1. Pursuant to this Court Orders dated August 25,1995, September 22 1995 and January 10, 1996, Mr. Swaraj Kaushal, learned counsel appearing for the Delhi Pollution Control Committee states that the work of categorisation of 93,000 industries in the State of Delhi is almost complete. According to him, the report has to be compiled. He seeks short adjournment to file the category-wise list before this Court. We adjourn this matter to February 28, 1996. ITEM 'B' 2. Pursuant to this Court Order dated September 22, 1995, November 15, 1995, January 10, 1996, two affidavits have been filed before this Court. Mr. D.S. Negi, Secretary, Environment, NCT of Delhi has filed an affidavit and the second affidavit is filed by Mr. C.B. Meshram, Joint Director of Industries (P&R), NCT of Delhi. In a nut shell, the affidavits state that NCT of Delhi is willing to take up construction of the Common Effluent Treatment Plants (CEPTs) in the 28 industrial areas in Delhi. It is however, stated that the NCT of Delhi is not in a position to meet the totality of the expenditure. The NCT of Delhi expects contribution for the projects from the Government of India, Industrial Development Bank of India (IDBI) and the industries concerned. It is further stated that CETPs. cannot be constructed in all the 23 industrial areas. 3. We do not agree with the NCT of Delhi that the CEPTs should be constructed only in 9 industrial areas and the work in remaining areas be postponed. We are of the view that the CETPs. should be simultaneously constructed in all the industrial areas. Even as on today there are not sufficient number of industries in all the industrial areas, in the near future the industries are bound to be allotted plots in these areas; We request Mr. Sahib Singh Verma, Minister (Environment, NCT of Delhi, to appoint a Committee of five persons to finalise the time schedule for the construction of the CEPTs. in all the 28 industrial areas. The Committee shall consist of five persons including Mr. P.C. Jain, Consultant, DDA, Mr. J.K. Mathur, Consultant, the Undertaking and Mr. Chakraborty, Member Secretary, Central Pollution Control Board. Two persons shall be nominated by Mr. Sahib Singh Verma. The Committee shall identify the lands which are suitable for setting up of the CETPs. in all the 28 industrial areas. The Committee shall consist of five persons including Mr. P.C. Jain, Consultant, DDA, Mr. J.K. Mathur, Consultant, the Undertaking and Mr. Chakraborty, Member Secretary, Central Pollution Control Board. Two persons shall be nominated by Mr. Sahib Singh Verma. The Committee shall identify the lands which are suitable for setting up of the CETPs. in all the 28 industrial areas. This shall be done before March 3, 1996. The committee shall hand over its report in this respect to Mr. Sahib Singh Verma personally, (if it is a holiday report be handed over at the residence of the Minister on March 4, 1996. 4. Mr. Sahib Singh Verma, Minister for Environment, NCT of Delhi, the Chief Secretary, Delhi Administration and Mr. D.S. Negi, Secretary, Environment shall thereafter appoint a Consultant/(s) who shall prepare the specification and design the projects. It would be useful to appoint more than one Consultant to expedite-the work. The Consultant/(s) shall prepare the specifications and design the projects within four weeks thereafter. We direct the Consultant/(s) to file the project report before the NCT of Delhi by April 20, 1996. Mr. Jain present in court has suggested that if the Consultant/(s) are identified and retained at this stage, they will be helpful in identifying and preparing the feasibility report. Mr. Kaushal learned counsel states that he would look into the suggestion and have the consultants appointed as early as possible. 5. So far as the expenses to set up the CETPs are concerned, we are of the view that the industries for whose benefits the treatment plants are being set up are bound to co-operate. They shall have to contribute their part of the share. Mr. D.D. Thakur, learned Senior Advocate is appearing for some of the industries. We request Mr. Kaushal to invite Mr. Thakur and the leaders of the Industrialists to discuss the response of the industries. Meanwhile we issue notice in this matter to the Government of India through the Secretary, Ministry of Environment & Forests and the IDBI to indicate within how much time the Government of India would be in a position to deposit their part of the contribution for setting up of the common effluent treatment plants in the 28 industrial areas in Delhi. The affidavit in this respect shall be filed by a responsible officer of the Ministry and the IDBI within two weeks from today. Mr. The affidavit in this respect shall be filed by a responsible officer of the Ministry and the IDBI within two weeks from today. Mr. Kaushal very fairly states that he shall have the meeting with the industrialists and Mr. Thakur, during the next week. Mr. D.S. Negi, Secretary, Environment shall file an affidavit within two weeks indicating outcome of the meeting. 6. To be listed on March 1, 1996 to review the financial aspect. ITEM 'C' Anand Parbat Industrial area 7. Pursuant to this Court's Order dated January 10, 1996, a list of hazardous/noxious industries ('F' 'G' & 'H' category) has been filed by the Delhi Pollution Control Committee. The list consists of 755 industries. It is stated by Mr. P.M. Ansari, Director (Env)-Cum. Member Secretary, in his affidavit that notices have been issued to all these industries as directed by this Court. The Delhi Pollution Control Committee shall publish a notice in two English and two Vernacular Dailies giving names of all these industries and also asking these industries to file objections, if any, against their categorisation as 'F', 'G' and 'H'. The notices be published within one week from today. The notice shall indicate that the industries shall file their objections within 10-days thereafter. The objections shall be heard and decided within a further period of one week. A report be submitted before this Court by March 20, 1996. The public notice shall also indicate that this Court shall take up the matter of categorisation of these industries on March 27, 1996 and if any of the industries want to be heard in this case, they may be present in this Court.