Indian Council For Enviro - Legal Action v. Union of India
2004-12-09
P.P.NAOLEKAR, P.VENKATARAMA REDDI
body2004
DigiLaw.ai
ORDER : I.A.No.36 1. The Company M/s Hindustan Agro Chemical Ltd., which is one of the respondents in the main writ petition has filed a petition supported by an affidavit of one Shri D.P. Agarwal, a Director in the respondent No. 4-8 companies enclosing therewith certain reports of the experts. It is the claim of the applicant that at present the effects caused by pollution on account of operation of the concerned industries do not exist and remedial measures, as contemplated in the main Judgment of this Court need not be undertaken. The respondents namely UOI, the State of Rajasthan and the Rajasthan State Pollution Control Board as well as the petitioner will give their responses, if any, to this I.A. The Government of India may depute an expert and he along with the expert nominated by the Rajasthan State Pollution Control Board and the nominee of the State of Rajasthan shall visit the spot after giving intimation to the petitioner Council For Enviro-Legal Action and verify the facts stated in the affidavit and report the latest position to the Court by the next date of hearing. Post in the first week of February, 2005. I.A. Nos. 27 & 34 2. I.A. Nos. 27 and 34 will be taken up for hearing after the necessary information report is furnished as per the order in I.A. No. 36 However, we consider it just and proper to direct notices to be issued to the Managing Directors of the following companies whose names are furnished by the learned counsel for respondent Nos. 4 to 8 as to why they should not be made personally liable for making the payment to the extent necessary in order to enforce the judgment of this Court: 1. Hindustan Agro Chemicals Ltd. 2. Phosphate India 3. Silver Chemical Managing Director Shri D.P. Agarwal, S/o late Shri B.L. Agarwal, R/o Gaytri Nagar, 1 - R - 47, Sector - V, Hiran Magri, Udaipur, Rajasthan) Udaipur, Rajasthan. 4. Rajasthan Multi Fertilizer Pvt. Ltd. (Managing Director Shri N.L.Agarwal, S/o Late Shri B.L. Agarwal, R/o Ariyant Complex, 4th Floor, Betla Road, udaipur, Rajasthan) Udaipur, Rajasthan. 5. Jyoti Chemicals Udaipur, Proprietor Shri D.P. Agarwal, S/o late Shri B.L. Agarwal, R/o Gaytri Nagar, 1-R-47, Sector-V, Hiran Magri, Udaipur, Rajasthan) Udaipur, Rajasthan. 3. Mr. Prashant Chaudhary, learned counsel for respondent Nos. 4 to 8 accepts notice.
5. Jyoti Chemicals Udaipur, Proprietor Shri D.P. Agarwal, S/o late Shri B.L. Agarwal, R/o Gaytri Nagar, 1-R-47, Sector-V, Hiran Magri, Udaipur, Rajasthan) Udaipur, Rajasthan. 3. Mr. Prashant Chaudhary, learned counsel for respondent Nos. 4 to 8 accepts notice. Therefore, issuance of formal notice is dispensed with for the time being. I.A. No.35 4. Post along with I.A. No.27, 34 and 36 5. List the I.A. Nos. 27, 34, 35 and 36 in the first week of February, 2005.