ORDER 1. In the order dated 21-2-2005, this Court observed that the Government of India is not powerless to ensure compliance with the environmental laws, in particular, the Environment (Protection) Act, 1986. The Government was directed to issue requisite order within a period of ten days directing closure of defaulting units which continue to operate in violation of environmental laws and the State Governments were also directed to comply with the statutory directions issued by the Government of India. Pursuant thereto, the Government of India passed an order dated 2-3-2005. The effect of the order was closure of various units. This led to filing of spate of applications by various units which were closed or were apprehending closure pursuant to the order dated 2-3-2005. Having regard to the totality of the circumstances and in the background noticed in the order dated 11-3-2005, the operation of the order dated 2-3-2005 issued by the Government of India was stayed while directing the Ministry of Environment and Forests to process the applications. 2. When the matter was taken up on 25-4-2005, the Ministry of Environment and Forests was directed to examine various applications and file report so as to assist the Court on the issue of interim directions, particularly, in regard to the units which are operating in blatant violation of various environmental laws. Pursuant to the said order, learned Solicitor General has filed the status of the units as on 10-5-2005. Presently, it may be clarified, this Court is only considering the issue of interim directions having granted a blanket stay of order dated 2-3-2005 of the Government of India in terms of the order dated 11-3-2005. 3. The status report divides the total 292 units into two categories i.e. industry and mining. There are 121 units in industry category and 171 units in the mining category. Insofar as the 121 units are concerned, having perused the status report, we do not think that for the present, any modification of order dated 11-3-20052 is required at this stage. We are told by learned Solicitor General that in respect of the remaining 62 units, the matter is likely to be finalised in about three months time as in most of the said cases, public hearing was supposed to have taken place in the month of April 2005. 4. This leaves 171 units in the category of mining.
We are told by learned Solicitor General that in respect of the remaining 62 units, the matter is likely to be finalised in about three months time as in most of the said cases, public hearing was supposed to have taken place in the month of April 2005. 4. This leaves 171 units in the category of mining. Out of 171 units, two units have been declined clearance. Their applications for grant of clearance have been rejected. Insofar as those two units are concerned, the order dated 2-3-2005 would operate. The Ministry seems to have granted clearance to 18 units and, therefore, there is no question of the said units being ordered to be closed at this stage. The 171 units of mining category has also 35 coal mines in various States, in all, producing approximately 35 million tonnes coal. The said category of 35 units deserves to be protected for the present. Deducting the said 35 units from the list of 99 out of the aforesaid category of mining, the remaining units are 64 falling in the category of non-coal mining. Prima facie, it appears that the said 64 units are operating without the requisite clearance in violation of environmental laws. 5. The order dated 11-3-20052 is, accordingly, modified and it is directed that the order of the Government of India dated 2-3-2005 would apply to the said 64 units for the present. This order would be without prejudice to the right of the said units to approach this Court and would also be without prejudice to the right of the Government of India to permit them to operate if any of the unit shows compliance with environmental laws and if clearance is a granted by the Government. 6. List these matters in the first week of August 2005. WP (C) No. 91 of2005 7. List in the first week of August, 2005. Court Masters