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2000 DIGILAW 1020 (SC)

A. P. POLLUTION CONTROL BOARD v. M. V. N. A. YUDU (RETD. )

2000-05-05

M.JAGANNADHA RAO, S.B.MAJMUDAR

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ORDER 3.Our order dated 13-4-2000 is recalled. 2. We appoint Prof. D.N. Bhowmick, Head of the Department, Chemical Technology, University of Bombay, Matunga, Bombay-400 019 (ph. 4185214). He is requested to consider as to whether the conditions prescribed by the Technical Committee of the appellant Board on 16-7-1997 and any other safeguards and conditions can be sufficient to permit the commissioning of the project at the location in question. Prof. Bhowmick shall be entitled to take the assistance of the National Geophysical Research Institute of India situated at Hyderabad to make his report comprehensive. The entire exercise in this connection, after hearing the parties and their. counsel may be completed within three weeks from the date all relevant; documents are received by Prof. Bhowmick. In undertaking and completing\ the aforesaid exercise Prof. Bhowmick may make it convenient to go to the spot and visit the aforesaid factory premises in the presence of the parties an their representatives and may also record whatever they have to say in thi connection during his such visit and thereafter he may send his report to the Court within a further period of four weeks thereafter. The report may sent to the Registry of this Court on or before 11-7-2000. After the report received, the office shall make available one copy of the said report to learned counsel for the appellant Board, who will get adequate number of a copies to be supplied to the advocate of the respondents. 3. Objections to the report, if any, shall be submitted by the parties concerned, if so advised, on or before 25-7-2000. The parties are directed to send all the relevant material and documents including the earlier report of the appellant Board and the evidence recorded by it to Prof. Bhowmick within two weeks from today. A copy of this order be sent by the Registry of this Court to Prof. Bhowmick for his information and necessary action. 4. The initial expenses of Prof. Bhowmick for undertaking this exercise shall be deposited with him by the appellant Board within two weeks from today. We make it clear that this order is passed in connection with the earlier report of the National Environment Appellate Authority treating the industry in question as a hazardous industry and on that assumption Prof. Bhowmick may proceed to complete the aforesaid exercise. 5. We make it clear that this order is passed in connection with the earlier report of the National Environment Appellate Authority treating the industry in question as a hazardous industry and on that assumption Prof. Bhowmick may proceed to complete the aforesaid exercise. 5. For further orders, these civil appeals will be listed on 3-8-2000 at 10.30 a.m. before this Bench.