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2002 Supreme(SC) 2124
SUPREME COURT OF INDIA
M.B. Shah, D.M. Dharmadhikari, H.K. Sema, JJ.
M.C. Mehta - Petitioner
Versus
Union of India & Ors. - Respondents
I.A. No. 345 in Writ Petition (Civil) No. 13381/1984 I.A. Nos. 355 and 356 in I.A. No. 345 in W.P.(C) No. 13381/1984, I.A. No. 348 in Writ Petition (Civil) No. 13381/1984. D/d. 30.07.2002 With I.A. Nos. 349-351 in W.P.(C) No. 13381/1984, I.A. Nos. 353 and 354 in I.A. No. 345 in W.P.(C) No.13381/1984 With I.A.No.357 in WP (C) 13381/1984 With I.A. No..... in W.P.(C) 13381/1984
Decided On : 30-07-2002
For the Petitioner:Mr. M.C. Mehta in-person, Mr. Krishan Mahajan, Advocates, Mr. K.K. Venugopal, Ms. Archana Jain, Mr. M.A. Khan, Mr. Pravin K. Jain, Mr. A Sharan, Mr. Sudhir Kulshreshtha, Mr. Irshad Ahmed, Mr. Arvind Kumar, Mrs. Laxmi Arvind, Mrs. Poonam Prasad, Ms. Jaya Sinha, Mr. R.N. Poddar, Mr. Satpal Singh, Mr. Parmanand Katara, Mr. Kailash Chand Gupta, Mr. Praveen Kumar Jain, Advocates.
For CPCB :Mr. Vijay Panjwani, Advocate.
For the UPSPCB :Mr. Pradeep Mishra, Advocate.
For the UP :Jal Nigam, Mr. Ajay K. Agrawal, Advocates.
For the State of U.P. :Mr. C. Siddharth, Ms. Alka Agrawal, Mr. Mahesh Chandra, Mr. Sanjay Parikh, Mr. Abinash K. Misra, Mr. R.R. Chandrachud, Mr. Ashok Srivastava, Mr. B.V. Balram Das, Mr. Ravikesh Sinha, Advocates.
For the GAIL :Ms. Suchitra A Chitale, Mr. S.A. Chitale, Advocates.
Compliance with pollution norms and environmental protection is a key consideration in the court's decision-making process.
Headnote:
Green Area - Environmental Protection - The court considered the application for developing a green area and tourist complex, and directed the submission of a plan and a joint inspection committee visit to the site to ensure compliance with pollution norms.
Fact of the Case:
The court heard applications related to the development of green areas, compliance with pollution norms, and resumption of natural gas supply.
Finding of the Court:
The court directed the submission of plans, joint inspection committee visits, and resumption of natural gas supply, while also requiring compliance with pollution norms.
Issues: Compliance with pollution norms, development of green areas, and resumption of natural gas supply.
Ratio Decidendi: The court emphasized the importance of compliance with pollution norms and environmental protection while considering the applications.
Final Decision: The court directed the submission of plans, joint inspection committee visits, and resumption of natural gas supply, and required compliance with pollution norms.
ORDER :
I.A. 345 :
1. Heard the learned counsel for the parties.
2. Mr. K.K. Venugopal, learned senior counsel appearing on behalf of the applicants, states that the applicant is prepared to keep 90% of the area owned by him as green area for developing it as an echo-friendly garden and applicant may be permitted to use 10% of the land for tourist complex for exhibition of artefacts and cultural centre. He submits that the applicant is owner of roughly 11 Bighas of land.
3. With regard to owners of the rest of the land the learned counsel for the State Government agrees to submit a list of such persons on the next date of hearing.
4. Meanwhile, it would be open to the applicant to tender a plan as envisaged by him, within three weeks from today.
5. Adjourned to 2nd August, 2002.
IA No. 348 and 349-351 :
6. Learned counsel appearing on behalf of the petitioner-applicant states that -
(i) The Brick Kilns are 20 Kms. beyond the significant monuments.
(ii) The Brick Kilns are complying with NEERI report and Central Pollution Control Board's guidelines.
7. In view of the aforesaid statement made by the learned counsel, a Joint Inspection Committee shall visit the site within three weeks from today and submit its report. The costs of the said visit be borne by the applicants, which we quantify at Rs. 10,000/- each. Each Brick Kiln owner shall deposit Rs. 10,000/-, by issuing cheques in favour of Central Pollution Control Board, New Delhi.
8. Stand over for four weeks.
IA No. 357 :
9. Heard the learned counsel for the parties.
10. Gas Authority of India Ltd. (GAIL) is directed to resume the supply of Natural Gas to the applicants within two weeks from today.
11. Meantime, respondent Nos.1 and 3 would inspect the unit of the applicants so as to enable them to resume the production.
12. The application stands disposed of accordingly.
I.A. No.......in WP(C) No. 13381/84 :
13. Heard the learned counsel of the parties.
It has been stated by the applicant that -
(i) the applicant's brick kiln does not fall within 20 Kms. of radial distance of significant monument & or within radial distance of 50 Kms. from Thermal Power Station, Kasimpur, and
(ii) from the affidavit dated 28.4.2001 the brick kiln of the applicant was found 'complying' i.e. following the norms and directions issued by this Hon'ble Court. The applicant as mentioned above reiterates that it has complied with all pollution norms.
14. In view of the aforesaid averments, it is directed that the Joint Inspection Committee shall visit the site and submit its report within three weeks from today. The applicant to deposit Rs. 10,000/- for the costs. The amount shall be deposited by account payee cheque in favour of Central Pollution Control Board, New Delhi.
15. The applicant shall remove the office objections within two days from today.
16. To be placed after four weeks.
