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SUPREME COURT OF INDIA
M. Srinivasan, S. C. Agarwal, S. Saghir Ahmad
M. C. MEHTA, PETITIONER
Versus
KAMAL NATH AND OTHERS, RESPONDENTS.
Writ Petition (C) No. 182 of 1996,
decided on August 4, 1998.
NEERI Report - Environmental Protection - The court directed the State of Himachal Pradesh to examine the NEERI report on protecting the ecology and environment of River Beas, come up with its own plan of action, and hear the owners of properties along the river banks before taking any action.
Fact of the Case:
The National Environmental Engineering Research Institute (NEERI) suggested steps for protecting the ecology and environment in the region of River Beas. The State of Himachal Pradesh was directed to examine the report and come up with its own plan of action.
Finding of the Court:
The court directed the State of Himachal Pradesh to submit its plan of action and the list of owners of properties who are likely to be benefited by the plan by a specified date.
Issues: Examination of NEERI report, preparation of plan of action, and hearing of property owners.
Ratio Decidendi: The court emphasized the importance of examining the NEERI report, preparing a plan of action, and hearing the property owners before taking any action to protect the environment of River Beas.
Final Decision: The State of Himachal Pradesh was granted eight weeks to submit its plan of action and the list of property owners, with a subsequent listing date set by the court.
ORDER
1. In its report dated 17-12-1996, the National Environmental Engineering Research Institute (NEERI) has suggested the steps which can be taken for protecting the ecology and environment in the region of River Beas. Before proceeding further on the basis of the said report of NEERI, we consider it necessary that the State of Himachal Pradesh should examine the said report and come up with its own plan of action. Since the various owners of properties along the river banks would be benefited by the plan that is prepared, they should also be heard before any action is taken on the basis of such plan.
2. The learned counsel for the State of Himachal Pradesh prays for eight weeks time for the State Government to submit its plan of action. Time prayed for is allowed. The learned counsel shall submit the list of the owners of properties who are likely to be benefited by the plan. The suggested plan of action and the list of owners of properties shall be filed by 6-10-1998.
3. List on 13-10-1998.
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