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2003 DIGILAW 673 (SC)

M. C. Mehta v. Union of India

2003-05-01

ARUN KUMAR, M.B.SHAH

body2003
ORDER : M.B. Shah, J. - Non Conventional Energy Matter and Agra Heritage Matter. At the request of the learned counsel for the parties matter is adjourned beyond summer vacation. 2. I.A.No.376. Heard the learned counsel for the parties. In the affidavit dated 29.4.2003 of Dr.(Mrs.) Sunita V. Auluck, Additional Director, Ministry of Environment and Forests, New Delhi (tendered in Court) the area which is sought to be reclaimed is divided into four parts as under:- Component A: On the right bank between upstream end of Taj Mahal to upstream end of Fort (near Railway Bridge). Component B: On left bank between Ram Bagh and opposite Agra Fort and upstream of Ramabagh. Component C: On the right bank upstream of Agra Fort upto the point opposite of Ram Bagh. Component D: On the left bank from the point opposite the upstream of Agra Fort to near Mehtab Bagh and right bank down stream of Taj. 3. For Component A, learned counsel appearing for the State Government states that at present no work of reclamation of land is going on. For component, B on the left bank between Ram Bagh and opposite Agra Fort, it is stated that reclamation of 25 acres of land out of 40 acres of land is over. With regard to Components C and D, no reclamation work is done. He further submits that henceforth the State Government would not carry out any further reclamation work except filling of sand. For the work done in the area of Components A and B, it would be open to the State Government to have temporary embankment by using the stones and clay. However, this would be subject to further directions and clearance by the Central Government under Section 3 of the Environment Protection Act, 1986. 4. Meantime, Central Water Power Research Station Khadakwasla would assess the behaviour of the river and impact of reclamation of river bed on the monuments in Agra and its protection thereof. The entire cost of this study would be borne by the Central Government. 5. I.A.No.345. At the request of the learned counsel for the parties adjourned to 7.5.2003. 6. I.A.No.362. Heard the learned counsel for the parties. 7. Admittedly, M/s. Mahesh Brick Kiln has complied with all the conditions of the NEERI Report and the guidelines of Central Pollution Control Board. 5. I.A.No.345. At the request of the learned counsel for the parties adjourned to 7.5.2003. 6. I.A.No.362. Heard the learned counsel for the parties. 7. Admittedly, M/s. Mahesh Brick Kiln has complied with all the conditions of the NEERI Report and the guidelines of Central Pollution Control Board. Hence, the applicant - M/s. Mahesh Brick Kiln is permitted to restart its brick kiln on an usual undertaking that it would go on complying with all the necessary conditions. However, as stated in the affidavit applicant would start, as far as possible, use of the gas so that his brick kiln can be a model for other brick kiln owners by obtaining subsidies or bank loan. However, this trial would be at the cost of the Central Pollution Control Board or the Mission Management Board, if they agree to do so. The I.A. stands disposed of accordingly. 8. I.A.Nos.306-310. Heard the learned counsel for the parties. 9. Applicants - M/s. Durgesh Brick Works, Himayun Pur, Firozabad (U.P)., Shri Udaiveer Singh Diwan Singh Ent Udyog, Village Wazidpur, Firozabad (U.P.), Shri Sujan Singh Yadav, Kirti Gram Udyog Ent Bhatta, Datojhi, Village Waziadpur, Firozabad (U.P.), Shri Nathu Singh, M/s. N.S. Yadav Brick Field, Village Jakhai, Firozabad (U.P.) and Shri Mahipal Singh Yadav, R.K. Brick Field, Jakhai, Firozabad (U.P.) are permitted to start their brick kilns by using natural gas or CNG. 10. Adjourned beyond summer vacation. 11. Remaining I.As. on Board adjourned beyond summer vacation.