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2001 DIGILAW 1635 (SC)

M. C. Mehta v. Union of India

2001-10-03

M.B.SHAH, R.P.SETHI

body2001
JUDGMENT : After hearing at length and considering all relevant aspects in Writ Petition No. 13381 of 1984, this Court finally passed order on 30th December, 1996 and the relevant directions for the purpose of adjudication of present applications are as under:- (1) The industries (292 listed above) shall approach/apply to the GAIL before 15-2-1997 for grant of industrial gas connection. (2) The industries which are not in a position to obtain gas connections and also the industries which do not wish to obtain gas connections may approach/ apply to the Corporation (UPSIDC)/ Government before 28-2-1997 for allotment of alternative plots in the industrial estates outside TTZ. (3) Those industries which neither apply for gas connection nor for alternative industrial plot shall stop functioning with the aid of coke/coal in the TTZ with effect from 30.4.1997. Supply of coke/coal to these industries shall be stopped forthwith. The District Magistrate and the Superintendent of Police shall have this order complied with. (4) The relocating industries shall set up their respective units in the new industrial estates outside TTZ. The relocating industries shall not function and operate in TTZ beyond 31.12.1997. The closure by 31.12.1997 is unconditional and irrespective of the fact whether the new unit outside TTZ is completely set up or not." 2. Despite the aforesaid directions, for one or other reason, industries have not shifted. It appears that the implementing authority and the State Government are abetting in delay of its implementation. Apart from implementation of the directions issued by this Court, it is the duty and function of the authorities to implement the law enacted by Parliament and are not required to wait till the Court directs. Equally, it is the function of Government to protect one of the wonders of World - Taj Mahal. 3. It is admitted that the State Government has allotted plots to the industries beyond TTZ area. It appears that owners of the industries are not interested in shifting or closing their industries and State Government supports their say. Finally, when IA Nos. 64 and 65 of 1999 came for hearing, the Court was informed that 40 foundries were willing to adopt TATA Korf technology and switch over to gas based technology. It appears that owners of the industries are not interested in shifting or closing their industries and State Government supports their say. Finally, when IA Nos. 64 and 65 of 1999 came for hearing, the Court was informed that 40 foundries were willing to adopt TATA Korf technology and switch over to gas based technology. With regard to the remaining foundries, it was ordered that it would be open to them to switch over to gas based cupola or to shift to other plots which were allotted to them by the ADA outside the area of Taj Trapezium within 10 months. In case of default, they were ordered to be closed down. 4. Despite this indulgence, the State of U.P. has filed I.A. no. 138 of 2001 stating therein that due to failure to achieve the agreed performance parameter, the engineers of TATA Korf Ltd. have decided to carry out further research and that the installation of the cupolas in the foundries would take over a year's time. In view of the non-availability of the appropriate technology, the State has prayed for extension of time frame for switching over to the new' gas based cupola technology. Similarly, on behalf of the Agra Iron Founders Association, I.A. No. 137 of 2001 is filed for the same purpose. 5. At the time of the hearing of these applications, Learned Additional Solicitor General Altaf Ahmad, appearing for the State of U.P. submitted that considering the adverse effect on the economy of the State as well as on its workers who would be affected by the closure of the foundries, some time to switch Oer to gas based foundries be granted. Similar was the submission of Mr. Agrawala, learned counsel appearing for the Founders Association. 6. It is to be stated that sufficient time was given by this Court while passing the Order in December, 1996. Finally in November, 2000; this Court also gave further lime for a period of 10 months. To see that the Order passed by the Court is smoothly implemented without causing any disturbance to the industries or the employees, we extend the time upto 31st December. 2001 as requested by the learned counsel for the State of U.P. and Founders Association. Finally in November, 2000; this Court also gave further lime for a period of 10 months. To see that the Order passed by the Court is smoothly implemented without causing any disturbance to the industries or the employees, we extend the time upto 31st December. 2001 as requested by the learned counsel for the State of U.P. and Founders Association. Learned counsel for the applicants have agreed that each foundry owner would file an undertaking that the industries would switch over to the gas based technology or any other alternative co-friendly technology for running the industries and stop using coke and coal in the foundry on or before the said date. They have also agreed that no further application for extension of time would be filed. Hence, it is ordered that the each owner of the industry would file said undertaking before this Court on or before 10th October, 2001. If any industry fails to tender such undertaking, the State is directed to disconnect electricity power as well as water connection forthwith and such industries would not be permitted to operate or function even by operating diesel generators. On behalf of the State Government also, a responsible officer would tile an undertaking before this Court that no further extension of time limit would be sought for and that Order passed by this Court would be implemented on the cut of date. 7. Both these applications stand disposed of accordingly.