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SUPREME COURT OF INDIA
Y.K. SABHARWAL AND S.B, SINHA, JJ.
RESEARCH FOUNDATION FOR SCIENCE (16) PETITIONER;
VERSUS
UNION OF INDIA AND ANOTHERRESPONDENTS.
WRIT PETITION (C) NO, 657 OF 1995 WITH SLP (C) NO. 16175 OF 1997 AND CA NO. 7660 OF 1997, DECIDED ON MAY 7, 2004
HAZARDOUS WASTE - ENVIRONMENTAL POLLUTION - The court directed the state governments to supply fresh drinking water in tanks or pipes to areas affected by groundwater contamination due to indiscriminate dumping of hazardous waste and lack of enforcement by authorities, particularly during the summer season.
Fact of the Case:
The court perused the quarterly report and found that groundwater and drinking water supplies were affected due to indiscriminate dumping of hazardous waste and lack of enforcement by authorities.
Finding of the Court:
The court directed the state governments to take steps to supply fresh drinking water in tanks or pipes to the affected areas expeditiously.
Issues: Groundwater contamination, lack of enforcement, supply of fresh drinking water
Ratio Decidendi: The court's decision was influenced by the impact of hazardous waste dumping on groundwater and drinking water supplies, and the negligence of authorities in enforcing regulations.
Final Decision: The state governments were directed to ensure the supply of fresh drinking water in tanks or pipes to the affected areas, particularly during the summer season.
ORDER
1. WE HAVE PERUSED THE SECOND QUARTERLY REPORT FROM FEBRUARY 2004 TO APRIL 2004 FILED BY THE MONITORING COMMITTEE TO OVERSEE THE IMPLEMENTATION OF DIRECTIONS PASSED IN THE WRIT PETITIONER. THE REPORT RECORDS THAT DUE TO INDISCRIMINATE DUMPING OF HAZARDOUS WASTE DUE TO NON EXISTENT OR NEGLIGENT PRACTICES TOGETHER WITH LACK OF ENFORCEMENT BY AUTHORITIES, THE GROUNDWATER AND, THEREFORE, DRINKING WATER SUPPLIES HAVE BEEN AFFECTED/DAMAGED. THE STATE GOVERNMENTS OF MADHYA PRADESH AND GUJARAT ARE DIRECTED TO TAKE STEPS TO SUPPLY FRESH DRINKING WATER IN TANKS OR PIPES, PARTICULARLY, TAKING INTO CONSIDERATION THE FACT THAT SUMMER SEASON HAS ALREADY SET IN. IT SHALL BE DONE EXPEDITIOUSLY.
2. INDUSTRIAL ESTATES OF VAPI, ANKALESHWAR AND VADODARA IN THE STATE OF GUJARAT AND UNION CARBIDE PLANT IN BHOPAL, MADHYA PRADESH WERE INSPECTED BY THE COMMITTEE. THE TWO STATE GOVERNMENTS WOULD ENSURE SUPPLY OF WATER IN SUCH VILLAGES/AREAS WHICH ARE AFFECTED, LIST WHEREOF HAS ALREADY BEEN GIVEN BY LEARNED .COUNSEL FOR THE PETITIONER TO LEARNED COUNSEL APPEARING FOR THE TWO STATES.
3. REGARDING SUPPLY TO OVERHEAD TANKS AS MENTIONED IN CLAUSE (IV) OF POINT 1.5, THE GOVERNMENTS SHALL ENSURE RELEASE OF WATER THROUGH OVERHEAD TANKS AS EXPEDITIOUSLY AS POSSIBLE.
COURT MASTERS
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