Research › Browse › Judgment

Supreme Court of India · body

2005 DIGILAW 356 (SC)

GOA FOUNDATION(II) v. UNION OF INDIA

2005-02-21

P.P.NAOLEKAR, Y.K.SABHARWAL

body2005
ORDER 1. Pursuant to the order dated 17-12-20041 an affidavit of R. Chandramohan, Joint Secretary, Ministry of Environment and Forests, Government of India, has been filed though belatedly on 10-2-2005. The affidavit though purports to be in compliance with the order dated 17-122004, but in letter and spirit it is far from complying with that order. It is more in the nature of completing the formality. The queries raised in the said order have still not been answered fully. Along with the affidavit only copies of some of the letters i.e. dated 13-1-2005,4-2-2005 and 7-2-2005 have been annexed. The Government of India is not powerless to ensure compliance with the environmental laws in particular the Environment (Protection) Act, 1986. In these circumstances, we direct the Government of India to issue requisite order within a period of 10 days directing closure of defaulting units continuing to operate in violation of the environmental laws. The State Governments are directed to comply with the statutory directions issued by the Government of India. The respondent Government of India is directed to file a compliance report within six weeks giving details of units that may be closed as a result of this order. 2. List after six weeks. Court Masters