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2007 DIGILAW 265 (SC)

M. C. Mehta v. Union of India

2007-02-20

D.K.JAIN, K.G.BALAKRISHNAN, R.V.RAVEENDRAN

body2007
ORDER : 1. Pursuant to the order passed by this Court, the Ganga Action Plan was envisaged whereby a 100% centrally funded scheme was put into action to clean the water of the Ganges.Huge amount was allotted to the States of Uttar Pradesh, Bihar, West Bengal, Uttaranchal and Jharkhand and some work had been done. There is a Steering Committee headed by the Secretary of Ministry of Environment and Forests to monitor the implementation of the Ganga Action Plan and also to determine the manner of fund allocation to various agencies. We are told by Shri Krishan Mahajan, Amicus Curaie that the scheme has not progressed well. 2. The Controller and Auditor General in his report for the year ending March, 2000 has noticed series of irregularities in the implementation of the Ganga Action Plan. It is a detailed report by the C.A.G. pointing out the various irregularities in the matter of utilisation of public funds. The report also has noticed the long delay in the execution, operation and maintenance under the plan. The Steering Committee will look into the Report of the C.A.G. and shall give its response as to what remedial measures be taken in this regard. The States of Uttar Pradesh, West Bengal, Bihar, Uttaranchal and Jharkhand would also file their detailed affidavits as to the manner in which the funds were spent under the Plan. 3. They would also specifically give reasons accompanied by utilisation certificate from the respective agencies on the report of the C.A.G. so that further action would be taken in this matter by 23rd April, 2007. 4. List these matters on 24th April, 2007. I.A. No. 343 in W.P.(C) No. 3727/85 5. In this interim application it is alleged that in the Singrauli Industrial Area in U.P., there are a large number of industries i.e. power plants, aluminium industries, chemcial industried and cement industries and industries relating to Hydro-Carbon etc.It is alleged that these industries cause large scale mercury pollution and the drinking water, all forms of agricultural operations are seriously affected by the same. It is alleged that the mercury content in the drinking water and edible substances are in high percentage and it causes serious health hazards to the inhabitants of the area. It is alleged that many persons are sick and unable to get medical aid. It is alleged that the mercury content in the drinking water and edible substances are in high percentage and it causes serious health hazards to the inhabitants of the area. It is alleged that many persons are sick and unable to get medical aid. Neither Central Pollution Control Board nor the U.P. Pollution Control Board is bringing anything to check this alarming situation. The U.P. Pollution Control Board has filed an affidavit on October, 2000, where it has stated the mercury lever is not so high but we do not know what is the present situation. The officers of U.P. Pollution Control Board should immediately visit the places and take samples and send the same to laboratory examination. The details of such examination be furnished to this Court. The petitioner is also at liberty to file fresh details as to the level of mercury pollution and furnish report to this Court so that effective steps could be taken in this regard. 6. List on 24th April, 2007. W.P.(C) No. 276/2003 7. Petitioner seeks permission to withdraw the petition with liberty to file a fresh petition. Permission granted. The writ petition is dismissed as withdrawn. I.A. No. 374 and 375 in R.P.(C) No. 792/97 in W.P.(C) No. 3727/85 8. Adjourned by four weeks.