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1999 DIGILAW 812 (SC)

Indian Council For Enviro Legal Action v. Union Of India

1999-07-27

A.P.MISRA, SUJATA V.MANOHAR

body1999
( 1 ) SINCE the. report of the central pollution Control Board filed in this court on 8th of April, 1999 has not been circulated to the State of A. P. and the A. P. , Pollution Control board, as also to other parties appearing before us the consideration of that report will be taken up at the next date of hearing. In the meanwhile the central Pollution control Board may also submit a further follow up report. Copies of these shall be furnished by the central Pollution Control board to all other parties appearing here. ( 2 ) COUNTER affidavit shall be filed by the State of A. P. and consideration of I. A. No. 17 will be taken up at the next heading. Copies of I. A. No. 17 shall also be served on all parties by the counsel for the applicant. ( 3 ) A. P. Pollution Control board in its report dated 15th of May, 1999 has set out the follow action being taken on the neighbourhood concept being applied to the CEPT and the JETL. Andhra pradesh Pollution Control Board shall furnish a further progress report on this question by the end of November, 1999. ( 4 ) IN the said report of A. P. Pollution Control Board a revised list of 19 industries as also 7 new industries which have been identified as polluting industries, has been filed along with the status report in relation to these industries. The Andhra pradesh Pollution Control Board shall continue to monitor these industries andshall submits (sic) report in respect of these industries on or before 30th of November, 1999. We are informed by the learned counsel for the petitioner that in the report submitted by the central Pollution Control board of March, 1999 some more industries have also been identified as polluting industries not covered by the previous studies. The State Pollution Control Board shall also include those industries in its report to be furnished by the end of November, 1999. The Central Pollution Control Board shall also, in its progress report, submit the report these new industries. ( 5 ) IN our earlier directions we had directed remediation of Kistareddypet cheruvu, Asanikunta and Khazipally cheruvus and payment of the costs of remediation on a "polluter Pays" principle. The Central Pollution Control Board shall also, in its progress report, submit the report these new industries. ( 5 ) IN our earlier directions we had directed remediation of Kistareddypet cheruvu, Asanikunta and Khazipally cheruvus and payment of the costs of remediation on a "polluter Pays" principle. The State government has filed an affidavit dated 28th of May, 1999 in which it has stated in paragraph 11 that the industries are not willing to take up remediation measures of the said three water bodies. Industries appearing before us however have contended that the industries are willing to co-operate with the State government in taking the remediation measures. The State government shall, therefore, consult the polluting industries and submit a detailed report on the measures proposed to be taken by it for the said three water bodies. It may hear the water users grievances in this connection while formulating remedial measures. The report shall also state the period over which the measures will be carried out. The report should be submitted by the end of november, 1999. ( 6 ) WE have received a letter from the district Judge setting out in detail the reasons why he wants further time for submitting his report as also his guidelines as earlier directed by us. The time for furnishing the report as also the guidelines is extended till the end of October, 1999. The District Judge may also consider representations, if any, that he may receive in respect of the villages of Erdanoor and ismailkhanpet.