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2012 DIGILAW 877 (SC)

Research Foundation. for Science Technology and National Resource Policy v. U. O. I.

2012-09-25

ALTAMAS KABIR, J.CHELAMESWAR

body2012
ORDER : 1. Copies of the third Interim Report submitted by the CSIR to the Central Pollution Control Board, Delhi, have been filed in Court today. The other two Reports have been filed earlier. Let the third Interim Report, be taken on record. 2. From the Interim Reports, as filed, it appears that although certain samples of the soil and ground-water had been taken from the site of the factory, drilling work could not be undertaken on account of the soil condition as it exists today on account of the monsoons. It has been submitted that the right time for doing such drilling is in the month of October, which the parties all agree to. 3. Having regard to the above, let this matter stand over till 6th November, 2012, The Institute is directed to take the samples, which are required of the soil and ground water in the month of October, as suggested, from the same locations and other locations as may be considered necessary. The earlier order regarding the participation of the Bhopal Group for Information and Action, will continue to remain operative. Let I.As 23 and 63, be also taken up for consideration on the next date. 4. The earlier Reports filed may also be considered by the Institute while preparing its final Report. Copies of the Report to be submitted by the Institute, are to be made available to the learned advocates of the respective parties, by 30th October, 2012. 5. In addition to the above, in regard to the part of the earlier orders wherein the State of Madhya Pradesh had undertaken to provide separate water connections to the houses of the residents of the 18 colonies which have been identified, it has been submitted by Ms. Makhija, appearing for the State and the Municipality, that six thousand connections had already been given. She, however, submitted that the Municipality is facing the problem of non-payment of the bills raised by the Municipality for such supply. This is a problem which needs to be addressed immediately, since the supply of potable drinking water cannot be made a financial burden on the Municipality. Accordingly, the beneficiaries of the individual water connections made available by the Municipality, will have to pay the charges for such water supply. This is a problem which needs to be addressed immediately, since the supply of potable drinking water cannot be made a financial burden on the Municipality. Accordingly, the beneficiaries of the individual water connections made available by the Municipality, will have to pay the charges for such water supply. However, the State may consider the possibility of subsidising the costs in order to enable the beneficiaries to obtain such supply of water at a subsidised rate. Since the supply of water is to remain uninterrupted, subject to payment of the bills, an early decision is required to be taken by the State Government in this regard. The State Government shall take a decision in the matter within a month from date. 6. The other issue involved is with regard to non-payment of incineration charges of the waste oil, which had been imported by some of the respondents. 7. In our order of 29th February, 2012, we had identified the defaulters, whose names had been set out in paragraph 28 of the order. Along with the said 9 defaulters, default has also been committed by M/s. Shiv Priya Overseas (P)Ltd., where the situation is a little different, since the company has gone into liquidation and its assets are now under the management of the Official Liquidator. As far as the 9 defaulters named in paragraph 28 of the order are concerned, M/s.Hindustan Trading Corpn., Central Steel & General Industries, Jairaj Ispat Ltd. and Sri Sainath Enterprises, filed their responses objecting to the amount assessed by the Customs authorities towards payment of incineration charges of the said waste oil. The Customs authorities had replied to such objections and have indicated that their assessment was based on the actual quantities of the waste, which were required to be incinerated and the assessment made by them was quite correct. 8. As far as M/s.Ludiana Refineries Industry is concerned, it has been submitted by Ms. Meenakshi Vij, learned advocate, that major part of the payment has already been paid and that the company is ready and willing to pay the balance amount, if not already paid. Accordingly, in the event the difference has not been paid, M/s.Ludiana Refineries Industry, is given a month's time to deposit the same. 9. As far as M/s.Indochem Industries, M/s. Valley International, M/s. Shalimar Chemicals Inds. Accordingly, in the event the difference has not been paid, M/s.Ludiana Refineries Industry, is given a month's time to deposit the same. 9. As far as M/s.Indochem Industries, M/s. Valley International, M/s. Shalimar Chemicals Inds. Pvt. Ltd. and M/s. Pioneer Petrochem, are concerned, neither are they represented in Court today, nor is there any material on record to show that they had paid the amounts to the custom authorities for the purpose of incineration of the waste oil imported by them. The said companies are given time till 31st October, 2012, to pay the amounts due, if not already paid. 10. Let this matter stand over till 6th November, 2012, when a Report is to be submitted by the Customs authorities, as to whether the payments have been made. In the event payments are not made within the said period, the Directors of each of the above-named companies, shall be present in Court on 6th November, 2012, at 10.30 a.m. 11. Let copies of this order be made available to the appearing parties for communication to the said companies. 12. The Registry is also directed to ensure that such service is completed before the next date.