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2017 DIGILAW 804 (SC)

M. C. MEHTA v. UNION OF INDIA

2017-05-02

DEEPAK GUPTA, MADAN B.LOKUR

body2017
ORDER : 1. Learned Amicus has briefed us on the Report. The use of Furnace Oil and Pet Coke is prohibited in Delhi. It is further stated that the State Governments of U.P., Haryana and Rajasthan have no objection if a ban is placed on the use of Furnace Oil and Pet Coke. These State Governments are, of course, at liberty to place such a ban. 2. It is further pointed out that SO2, Nox and Sox standards have not been fixed for almost 35 industries. A list of such industries has been given to us which includes: SO2 Nox Sox (New) Nox (new) 2. Sugar - - 3. Thermal Power Plant - - 100-600* 100-600 4. Cotton Textile - - 5. Composite woollen mills - - 6. Dye and dye - - 7. Electroplating ­industries - - 8. Cement Plants - - 9. Stone crushing units - - 10. Coke ovens - - 11. Synthetic rubber - - 12. Pulp and paper - - 13. Distilleries - - 14. Leather industries - - 15. Fertilizer industry - - 16. Calcium carbide - - 17. Carbon black - - 18. Copper, lead and zinc smelter Off gases must be utilized. No standard prescribed for emissions 19. Nitric acid 3 kg of oxides of Nitrogen per tonne of acid 20. Sulphuric acid plant 1250-1370 950-1250 21. Iron and steel 800 500 22. Natural rubber -- -- 23. Asbestos -- -- 24. Caustic soda -- -- 25. Re-heating furnaces -- -- 26. Foundries -- -- 27. Small boilers -- -- 28. Aluminium plants -- -- 29. Petro-chemical -- -- 30. Pesticides -- -- 31. Tannery -- -- 32. Inorganic chemical -- -- 33. Glass industry -- -- 34. Lime kiln -- -- 35. Ceramic -- -- 3. In view of the above, we direct the Union of India as well as the Central Pollution Control Board (CPCB) to fix SO2, Nox and Sox standards for the above industries after giving a hearing to a limited number of authorized representatives of these industries keeping in mind the provisions of the Environment Protection Act, 1986. 4. The standards should be fixed on or before 30th June, 2017. In case there is some difficulty, the CPCB and the Union of India can always move an application for a limited and reasonable extension of time. 5. 4. The standards should be fixed on or before 30th June, 2017. In case there is some difficulty, the CPCB and the Union of India can always move an application for a limited and reasonable extension of time. 5. In the meanwhile, we would like to caution the above industries as submitted by the learned Amicus and agreed to by the learned Solicitor General that necessary steps will have to be taken by these industries to ensure that the pollution standards that are fixed by the Central Pollution Control Board are adhered to by 31.12.2017 as far as possible. The above industries should therefore start making their plans with immediate effect keeping the above in mind since sufficient notice is being given to them in this regard. 6. List the matter on 20.07.2017.