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2002 DIGILAW 1046 (SC)

T. N. Godavarman Thirumalpad v. Union of India

2002-09-02

ARIJIT PASAYAT, B.N.KIRPAL, K.G.BALAKRISHNAN

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JUDGMENT : B.N. Kirpal, CJI., K.G. Balakrishnan, Arijit Pasayat, JJ. NEERI has not given a report, and on the contrary, they want some documents to be supplied to them and Rs. 2,50,000/- deposited. The earlier order requiring NEERI to give a report is recalled. 2. We direct the Secretary, Empowerment Committee - Mr. Jivrajika and Mr. Mahendra Vyas to go to various locations in Himachal Pradesh and give a report with regard to advertisements which are painted on the rocks in and around the area. The Report be given within ten days, To come up on 16th September, 2002. 3. Learned Amicus Curiae draws our attention to a list submitted in Court by Mr. Arun Jaitley which indicates other entities other than Coca-Cola and Pepsi who have also painted their advertisements on the rocks. The list of ten such entities is taken on record and notice is issued to them also returnable on 16th September, 2002. Notice be issued by the Registry without payment of process fee. 4. Mr. Ashok Desai has drawn our attention to an order passed by the State of Himachal Pradesh dated 14th and 21st August, 2002 under Section 5 of the Environment Protection Act whereby the Coca-Cola and Pepsi Companies have been directed to remove the advertisements within 15 days. While the advertisements have to be removed the mode or method of removal cannot be left to the sweet will of the wrong doer. It will have to be ensured that the removal of the advertisements does not cause violation or adversely affect the ecology of the area. For this purpose, it is better that the entities to whom such notices have been issued first inform the State Governments and this Court as to the mode and manner in which it proposes to remove the advertisements and it is only after the same is approved by an appropriate authority that the action of removal would be permitted to be undertaken. 5. The Committee of Mr. Jivrajika & Mr. Mahendra Vyas will be at liberty to take any expert in the first instance to assist them. To meet expenses of the Committee, the Coca-Cola and Pepsi will deposit initially Rs. 50,000/- each in this Court within three days from today. The money when deposited will go to meet the expenses of the Committee. Jivrajika & Mr. Mahendra Vyas will be at liberty to take any expert in the first instance to assist them. To meet expenses of the Committee, the Coca-Cola and Pepsi will deposit initially Rs. 50,000/- each in this Court within three days from today. The money when deposited will go to meet the expenses of the Committee. The representatives of Coca-Cola and Pepsi Cola will be at liberty to accompany the Committee. 6. To come up on 16th September, 2002.