2001 Supreme(SC) 29

SUPREME COURT OF INDIA
B.N.Kirpal : Ruma Pal
News Item "hindustan Times" A.Q.F.M.Yamuna
Versus
Central Pollution Control Board
Case No. : 13 , 18 , 19 , 20 , 21 , 725 of 1994
Date of Decision : 1/8/01

In environmental litigation, the court may direct statutory regulatory bodies to provide expert affidavits and technical reports to determine if industrial operations would cause pollution before deciding on their operation.

Headnote:(A) Environmental Law - Pollution Control - Regulatory authorities directed to file affidavits evaluating the pollution potential of industrial units - Directions issued to ensure technical reports are shared among parties.

Facts of the case:
The proceedings involve concerns over environmental pollution caused by industrial distilleries. The court is considering interim applications to determine if the operation of these units would lead to pollution.

Findings of Court:
The court directed statutory pollution control boards to file affidavits stating whether industrial units would pollute if permitted to operate and ordered the distribution of a technical report from a research institute to the counsel for the parties.

Issues: Whether the operation of specific industrial distilleries would result in environmental pollution.

Ratio Decidendi: The court determined that evidence in the form of affidavits from regulatory bodies and technical reports is essential to ascertain the environmental impact of the industries in question before proceeding further.

Result: Directions given for filing of affidavits and production of documents; matter listed for hearing.