Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2001 Supreme(SC) 1691

SUPREME COURT OF INDIA
B.N. KIRPAL, U.C. BANERJEE, BRIJESH KUMAR, JJ.
S. Jagannathan – Petitioner
Versus
Union of India and Others – Respondents
R.P. (C) Nos. 415, 542, 573, 636, 777, 846, 872, 893, 945, 1000, 1013, 1066 of 1997 in W.P. (C) Nos. 561 of 1994, 786 of 1995, Cont. Pet. (C) Nos. 253, 386, 387, 541 of 1997, 53 of 1999
Decided On : 01-05-2001

Advocates:
Advocate Appeared:
For the Petitioners: Ms. Seema Midha, Mr. M.C. Mehta, Mr. Sanjay Parikh, Mr. Harish N. Salve, Mr. M.P. Vinod, Mr. Ejaz Maqbool, Ms. Hemantika Wahi, Mr. G.K. Bansal, Mr. Arun Aggarwal, Mr. D.S. Mahra, Mr. A.D.N. Rao, Mr. Anil Kumar Tandale, Mr. Raj Kumar Mehta, Mr. G. Prakash, Dr. Sumant Bharadwaj, Mr. Praveen Chaturvedi, Mridula Ray Bharadwaj, Mr. Bijan Kumar Ghosh.
For the Respondents: Mr. Harish N. Salve, Mr. C.V. Subba Rao, Mr. A.D.N. Rao, Mr. B.V. Balram Das.
For the State of Andhra Pradesh : Mr. P. Parmeswaran, Mr. T.V. Ratnam, Mr. K. Subba Rao, Mr. Anil Kumar Tandale.
For the State of Karnataka : Mr. Vijay Panjwani, Mr. Iqbal Shamshi, Mr. Amarendra Nath Dawn, Ms. Baby Krishnan, Mr. Sanjay R. Hegde, Mr. Satya Mitra.
For the State of Tamil Nadu : Mr. A. Mariarputham, Ms. Aruna Mathur, Mr. A.D. Mathur, M/s. Arputham, Aruna.

The Court's authority to order the filing of objections to reports, the consideration of reports by relevant authorities, and the obligation of the government to provide Status Reports on specific directions.

Headnote:
Environment Protection Act - Authority Report - The court ordered the filing of objections to the report submitted by the Authority constituted under Section 3(3) of the Environment (Protection) Act, 1986, and directed the Government of India to provide a Status Report on the directions issued in a specific case.
Fact of the Case:

An Authority was constituted under Section 3(3) of the Environment (Protection) Act, 1986, and submitted a Report to the Court. The petitioner sought to file objections, and the Solicitor General mentioned that the Report was under consideration.
Finding of the Court:

The Court ordered the filing of objections by the petitioner and directed the Government of India to provide a Status Report on specific directions issued in a previous case.
Issues: Filing of objections to the Authority's Report, consideration of the Report by the Solicitor General, and the need for a Status Report from the Government of India on specific directions.
Ratio Decidendi: The Court's decision was based on the need to address objections to the Authority's Report and to obtain a Status Report from the Government of India regarding specific directions issued in a previous case.
Final Decision: The Court ordered the filing of objections by the petitioner, directed the Solicitor General to consider the Report, and required the Government of India to provide a Status Report on specific directions.

ORDER :

1. Pursuant to the orders of this Court, an Authority had been constituted under Section 3(3) [wrongly mentioned as Section 8(3)] of the Environment (Protection) Act, 1986. The said Authority has submitted a Report to this Court. Counsel for the petitioner wishes to file objections. The same be done within four weeks and response to that within four weeks. thereafter. List after eight weeks.

2. The Solicitor General states that the said Report is under consideration and further action as necessary will be taken thereafter. The Government of India will also give a Status Report with regard to the directions which were issued in Jagannath's case.

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