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Supreme Court of India · body

1997 DIGILAW 1490 (SC)

M. C. Mehta v. Union of India

1997-10-10

KULDIP SINGH, S.SAGHIR AHMAD

body1997
JUDGMENT : W.P. (C) No. 3727/85 REG: M/S. PATRATU THERMAL POWER STATION 1. This Court has been monitoring the construction of pollution control devices by the Patratu Thermal Power Station. Various orders passed by this Court from February 9, 1993 to August 22, 1996 (XVI orders) have been reproduced in the office report dated August 27, 1996. Thereafter this Court passed detailed order on September 18, 1996. On September 25, 1996 Mr. RP Yadav, Chairman, Bihar Electricity Board and Mr. Kishori Prasad, General Manager, Thermal Power Station, Patratu were personally present in Court. They assured this Court and gave an undertaking that the pollution control measures shall be completed and put into operation in accordance with the time schedule already filed in this Court. The matter stands adjourned to December 3, 1996. 2. Since the time schedule for construction of Pollution Control Devices has already been filed by the authorities, what remains to be done is to monitor the matter for some time more. We are of the view that the High Court at Patna would be in a better position to monitor the construction of the pollution control devices by the Industry. We therefore, transfer this matter to Patna High Court to be treated as a writ petition under Article 226 of the Constitution of India and be dealt with in accordance with law. The Registry of the High Court shall inform the parties to appear before the High Court on December 3, 1996 the date already fixed by this Court. 3. The side issue in this matter is the rehabilitation of the ousters from the land, which has been acquired for the purpose of construction of fly ash ponds. The High Court may look into this aspect while monitoring the matter. 4. The Registry to send all the necessary papers alongwith all our orders to the Patna High Court within one week from today. 5. The issue regarding M/s. Patratu Thermal Power Station is disposed of. Transfer Case (C) NOS. 4 AND 5/94: 6. The transferred cases may also be sent back to the High Court to be dealt with in accordance with law. The same are disposed of accordingly.