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2005 Supreme(SC) 715

Supreme Court Of India
Y.K. SABHARWAL AND P.P. NAOLEKAR, JJ.
GOA FOUNDATION (IV)- Petitioner
Versus
UNION OF INDIA- Respondent
Writ Petition (C) No. 460 of 2004 with IAs Nos. 123 and 124 with WP (C) No. 91 of 2005,
Decided on April 25, 2005

Headnote:

Environment (Protection) Act, 1986, Section 5 - Mining and industrial activities - Direction for closure of defaulting units - Said order of Govt of India was stayed and directing Ministry of Environment and Forests to process the applications of defaulting units - Registered and numbered applications directed to be listed for next hearing. [Para 2]

ORDER

In WP (C) No. 4600f2004

1. In terms of order dated 11-3-20051, pleadings in all the applications were directed to be completed. The learned Solicitor General submits that some of the applications are in the process of examination by the Ministry of Environment and Forests. Let the applications be examined by the Ministry and appropriate affidavit filed to assist the Court on the issue of interim directions Particularly, in regard to those units which are operating in blatant violation of various environmental laws. In this connection, the Ministry, before filing the affidavit, shall also advert to the suggestions submitted by Mr Raj Panjwani, learned counsel for the petitioner, as also to the chart prepared in regard to some of the units, which, learned counsel, contends, were established and are continuing in violation of environmental laws. Our attention has also been drawn to a letter dated 14-4-2005, written by Dr. A. Kishan Rao to the Minister bringing certain aspects of public hearing to light.

2. The applications which have been registered and numbered shall also be listed on the next date of hearing when counsel for the units/industries would be permitted to respond to the suggestions of Mr Panjwani. Prima facie, the suggestions seem to be quite useful for considering the interim directions to be made at this stage.

3. Parties can obtain copies of suggestions from Mr Panjwani.

4. List on 11-5-2005.

In WP (C) No. 91 of2005

5. List on 11-5-2005.

Court Masters

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