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1997 DIGILAW 1376 (SC)

Indian Council for Enviro-Legal Action v. Union of India

1997-09-11

B.N.KIRPAL, S.B.MAJMUDAR

body1997
JUDGMENT : I.A. No. 6 OF 1996. 1. Having heard learned Advocates for the parties we find that as the claim of Rs. 18,515/- put forward by the Rajasthan Pollution Control Board in connection with taking samples arises out of a direction issued by this Court earlier, the said amount appears to be quire reasonable and should be permitted to be adjusted from the amount lying with the Rajasthan Pollution Control Board. 2. I.A. stands allowed accordingly. I.A. No. 7 of 1996: 3. Having heard learned Advocates for the parties we find that as the claim of Rs. 1,10,311.50 put forward by the Rajasthan Pollution Control Board for the cost incurred in repairing six disposal tanks for storage of sludge arises out of a direction issued by this Court earlier, the said amount should be permitted to be adjusted from the amount lying with the Rajasthan Pollution Control Board. 4. I.A. stands allowed accordingly. I.A. No. 11 of 1996. 5. In this I.A. the main prayer is that the State of Rajasthan may be directed to disburse Rs. 12,43,250/- to the villagers by way of interim compensation on the ground that they have suffered on account of the wrong acts of the offending industries which have been considered to be rogue industries by this Court in the decision of this Court in this very case i.e : Indian Council for Enviro-Legal Action & ors. v. Union of India & ors., reported in (1996) 3 SCC 212 . The relevant direction issued by this Court is at page 251 which reads as under: "So far as the claim for damages for the loss suffered by the villagers in the affected area is concerned, it is open to them or any organisation on their behalf to institute suits in the appropriate civil court. If they file the suit or suits sn forma pauperis, the State of Rajasthan shall not oppose their applications for leave to sue in forma pauperis." 6. In view of this direction, therefore, the grievance made by the petitioner in the present I.A. can well be taken care of by directing persons concerned to file appropriate suits before competent civil court in forma pauperis. The suits when filed shall be expeditiously disposed of looking to the nature of the grievance of the petitioner. In view of this direction, therefore, the grievance made by the petitioner in the present I.A. can well be taken care of by directing persons concerned to file appropriate suits before competent civil court in forma pauperis. The suits when filed shall be expeditiously disposed of looking to the nature of the grievance of the petitioner. It is also made clear that the suit/ suits will be expeditiously disposed of with the co- operation of the petitioner as well as the concerned defendants and if the court finds any dilatory tactics being adopted by any party it shall not be countenanced. So far as the question of drinking water facilities is concerned, learned counsel for the State of Rajasthan stated on instruction on affidavit which has been filed in this proceeding that necessary drinking water facilities are provided in the villages. 7. I.A. is disposed of accordingly. I.A. No. 16 of 1996: 8. At the request of learned counsel for the respondent No.3 who wants to give his response to the counter filed by Respondent Nos. 4 - 8, adjourned for six weeks. 9. To be placed after six weeks on a non- miscellaneous day. I.A. Nos. 18 of 1996: 10. I.A. is allowed. I.A. No. 17 of 1996: 11. Learned senior counsel for the applicants states that reserving his right to file appropriate proceeding for the relief prayed for in this application, he seeks leave to withdraw this application. Leave granted. This I.A. is dismissed as withdrawn. I.A. No. 19 of 1996: 12. Learned Addl. Solicitor General wants to withdraw this I.A. without prejudice to the rights and contentions of the Bank to take appropriate steps for recovery of the amount against the parties concerned by approaching the Debt Recovery Tribunal or any other competent forum. this I.A. therefore stands dismissed as withdrawn. I.A. No. 21 of 1997: 13. Having heard learned counsel or the parties we deem it fit to grant permission to the applicant-State to dispose of listed 15 items in the prayer clause by open auction after fixing the off set price for sale of each of the items. Respondent Nos. 4-8 also will be at liberty to bid in the open auction. 14. So far as the listed items are concerned, Item No.14 deals with Single Super phosphate in bags (750 bags). Mr. Ramaswamy, learned senior counsel for Respondent Nos. Respondent Nos. 4-8 also will be at liberty to bid in the open auction. 14. So far as the listed items are concerned, Item No.14 deals with Single Super phosphate in bags (750 bags). Mr. Ramaswamy, learned senior counsel for Respondent Nos. 4-8 states that according to him, a ready buyer is available who is prepared to offer Rs. 3,300/- per metric ton for that item. The present order qua item No.14 will stand deferred for one week form today within which time the Respondent Nos. 4-8 through a buyer or otherwise may make firm offer for purchasing the goods mentioned in item No. 14 at the rate of Rs. 3,300/- per metric ton. If within one week such offer is not made available to the applicant-State then this item will also be sold by open auction along with other items pursuant to the present order. 15. I.A. is disposed of accordingly. I.A. No. 22 of 1997: 16. Learned counsel for the respondents who are already been served with copies of the I.A. request for some time to file their response to the I.A. Four weeks' time is granted for that purpose. Two more weeks' is granted to the applicants to file their respondent to the counters of the respondents. 17. To be placed after six weeks on a non- miscellaneous day. I.A. No. 15 of 1996: 18. To be heard along with I.A. No. 22 and adjourned accordingly. I.A. No. 3 in W.P. (C) No. 76/94: 19. Having heard learned counsel for the parties we find that as the claim of Rs. 72,618/ - put forward by the petitioner for construction of tanks arises out of a direction issued by this Court earlier. The said amount should be permitted to be adjusted form the amount lying with the Rajasthan Pollution Control Board. 20. I.A. stands allowed accordingly.