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1996 DIGILAW 662 (SC)

M. C. Mehta v. Union of India

1996-03-14

FAIZAN UDDIN, KULDIP SINGH

body1996
JUDGMENT : 1. Pursuant to this Court's order dated March 1, 1996, we are in the process of examining the projects relating to the construction of common effluent treatment plants for clusters of industries in the 25 industrial estates in Delhi. Dr. Bagchi, Advisor in the Ministry of Environment and Forests is present in Court. Mr. D.S. Negi, Secretary and Development Commissioner, Environment and Forests, NCT, Delhi Administration is also present to assist this Court. A representative of the IDBI is also present. Mr. Bagchi states that a decision has already been taken by the Government of India to increase the ceiling of one crore (50% by the Govt. of India and 50% by the State Government) to two crores. He further states that as and when the Project Reports area ready, the same would be given a fresh look so far as the contribution from the Government of India and the State Government is concerned. 2. We have suggested to the officers assisting us that instead of asking the industries to contribute 20% at this stage their contribution be made by the Central Government/State Government/IDBI and after the projects are complete, the toll/cess can be imposed for the period till the time, the total money spent on the project is recovered from the industrialists. The apprehension is that in case the industrialists are asked to contribute money at this stage the projects are likely to be delayed. But after the project is complete, it may not be difficult to realise this money from them, in the shape of toll/cess. 3. The officers present before us rightly state that they would consider the matter in view of the observations made by this Court and would indicate their response within two weeks. We suggest that a joint meeting/ meetings be conducted of the NCT, Delhi Administration, Government of India, IDBI, DSIDC and a representative of the NEERI, for this purpose. 4. Mr. Negi will have an affidavit of a responsible officer of his Department filed stating the progress made by the Committee within two weeks from today. 5. List on March 29, 1996.