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1998 DIGILAW 663 (SC)

Indian Council For Envirolegal Action v. Union of India

1998-05-12

G.B.PATTANAIK, SUJATA V.MANOHAR

body1998
JUDGMENT : 1. We have seen the report filed by the District Judge, Medak dated 7.1.1998 and noted the distribution of compensation. In the annexure-II to the report, a statement is filed showing further affected areas and loss caused village wise, for the years 1996-97 and 1997- 98 and the recommended payment of compensation village wise. Out of the balance amount of Rs. 7,41,261/- lying with the District Judge, he may, at his discretion, make a pro-rata distribution amongst the villages in Annexure-II, until further directions are given. 2. A Joint Action Plan which is proposed by CPCB and APPCB filed on 12.5.1998 sets out in the first part of the report the immediate measures to be taken from June 1, 1998 to Ist October, 1998 for containing water contamination of Iskavagu and Nakkavagu and to ensure satisfactory functioning of the CETPs at Patancheru, Bollarum and Jeedimetla and also to restore the affected areas in normal conditions. Learned counsel for the State of Andhra Pradesh has agreed to the first suggestion under which the State Government is required to declare a Ban Notification dated 14.10.1996 as permanent for new industries after its expiry in December, 1998. We further pass an order in terms of measures 2 to 11 in this para pertaining to Immediate Measures. These measures will come into force on 1.6.1998 and shall be carried out as per the Joint Action Plan. This will be subject to such further directions as may be given in October, 1998 after a follow up report is submitted to us by 15th October, 1998 on the measures so taken jointly by CPCB and APPCB. These measures will be applicable to CETPs at Patancheru, Bollarum and Jeedimetla. We are informed that the experts in the two Pollution Control Boards have already advised the industries relating to the medium terms and long term measures required to be taken and set out in the Joint Action Plan. The State Government as well as the Industries shall also take, in the meanwhile, adequate measures to ensure that medium term and long term measures as recommended in this report are also initiated. The report will also state whether any measures have been initiated as recommended in this report for long term and medium term measures to contain pollution. The State Government as well as the Industries shall also take, in the meanwhile, adequate measures to ensure that medium term and long term measures as recommended in this report are also initiated. The report will also state whether any measures have been initiated as recommended in this report for long term and medium term measures to contain pollution. The report shall be a joint report of CPCB and APPCB to be filed in Court by 15th October, 1998. 3. In respect of the CET? at Jeedimetla, it has been urged before us that this plant is functioning more efficiently than the other two plants. In the Comprehensive Report on Effluent Management in Nakkawagu Drainage submitted by the Central Pollution Control Board in March, 1998, in paragraph 8.5, certain recommendations were made to make the plant at Jeedimetla more effective. In respect of recommendation 1 at paragraph 8.5 (page 68), learned counsel for JETL has stated that the measures under this proposal will be completed by September, 1998. Regarding recommendation 2, learned counsel for the Jeedimetla Plant has stated that there will be no difficulty in conforming to the sewer standards as stipulated, from September 1998. Recommendation 3 has already been carried out on 4th of February, 1998. In respect of recommendation 4, JETL requires the State Government to identify the land which can be used by them as land fill. The State Government shall identify such land and inform JETL on or before 31.8.1998. We also give directions in terms of recommendation 5 namely, that JETL shall restrict their member industries to neighbourhood concept. In respect of recommendation 6 in paragraph 8.5, we are informed that CPCB is proposing to inspect the JETL by the end of this month and will submit a further report in that connection as a supplementary report. Report should contain specific recommendations in respect of that plant, and shall be submitted before 15th October, 1998. 4. To be placed on Board for directions in the last week of October, 1998 after the necessary reports are filed.