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1996 DIGILAW 804 (SC)

M. C. Mehta v. Union of India

1996-03-29

K.T.THOMAS, KULDIP SINGH

body1996
JUDGMENT : 1. Learned counsel appearing for the 7 industries states that they be given time to file their comments to the reports already placed on the record. They may do so within four days. They may obtain copies of the reports or any other documents from the Registry in accordance with Rules. The Registry shall give the necessary documents within two days. 2. To come up on April 10, 1996. Item 'D' 3. Pursuant to this Court's order dated March 14, 1996 regarding the Stone-Crushers, Mr. Kapil Sibal appearing for the State of Haryana and the Haryana State Pollution Control Board states that the State Government has no objection if the owners of the Stone-Crushers undertake the digging of bore wells at their expenses. We permit the Stone-crushers to do so under the expert supervision of the State government. The bore wells shall be constructed at the sites indicated by the Haryana Government. Mr. Sibal states that necessary assistance shall be provided to the Stone Crushers within two weeks. Mr. R.K. Anand states that the work shall commence immediately thereafter. The State of Haryana shall file an affidavit within four weeks to indicate the progress made in this respect. 4. Mr. Shanti Bhushan, Mr. G.L. Sanghi and Mr. R.S. Suri, learned counsel appearing for the mine owners have taken us through various orders passed by this Court and also through the affidavit filed by the State of Haryana. This Court in the order dated March 21, 1996 observed as under: 5. "Mr. Gopal Subramaniam states that the mining work has stopped within the radius of 5 kms. of Badkhal Lake and Suraj Kund. We appreciate the gesture of Haryana Government. Mr. Subramaniam states that the steps to provide green belt in that area are also in progress. He shall pace on record the positive steps which are in the contemplation. To be listed on March 29. 1996." 6. There is no order by this Court directing the closure of the mines. Mr. Shanti Bhushan, however, states that in view of the observations made by this Court in the earlier orders, the Haryana Government has closed the mines in the area. The main contention raised is that without hearing the mine owners and without giving them any opportunity, the mines have been closed. Mr. Shanti Bhushan, however, states that in view of the observations made by this Court in the earlier orders, the Haryana Government has closed the mines in the area. The main contention raised is that without hearing the mine owners and without giving them any opportunity, the mines have been closed. Needless to say that action regarding closure of the mines have been taken on the basis of the report submitted by the Central Pollution Control Board. Be that as it may, we give opportunity to these mine-owners to present their case before this Court. 7. List the matter on April 8, 1996.