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2005 Supreme(SC) 1802

SUPREME COURT OF INDIA
P. Venkatarama Reddi, C.K. Thakker, JJ.
Indian Council For Enviro - Legal Action - Petitioners
Versus
Union of India & Ors. - Respondents
Writ Petition (Civil.) Nos. 967 of 1989
Decided On : 14-07-2005

Advocates Appeared:
For the Petitioners:Mr. K.R. Rajasekaran Pillai, Advocate
For the Respondents:Mr. K.B. Rohtagi, Ms. Aparna Rohatgi Jain, Mr. Mahesh Kasan, Mr. S.K. Dhingra, Mr. N.M. Goswami, Sr. Adv. Mr. S. Wasim A. Qadri, Mrs. Anil Katiyar, Mr. Aruneshwar Gupta, Mr. Naveen Kumar Singh, Mr. B.V. Balaram Das, Mr. P. Parmeswaran, Advocates, Mr. Vikas Singh, Sr.Adv. Ms. Amrita Narayan, Mr. Ravi Prakash, Mr. Prashant Chaudhary, Mr. Shail Kumar Dwivedi, Mr. T. Raja, Advocates.
For the IFCI & IDBI :- Ms. Vijayalakshmi Menon, Advocate

Court's discretion to adjourn hearing due to counsel's illness and the importance of gathering essential information for the case.

Headnote:

Order - Mr. M. C. Mehta - Unwell - Adjournment of Hearing

Fact of the Case:

Mr. M. C. Mehta, the petitioner's counsel, is unwell. Banks and Financial Institutions seek two weeks to file affidavits. District Collector/Magistrate to submit a report on villages affected by pollution and relief measures by the State Government.

Finding of the Court:

The court adjourned the hearing to allow time for the Banks and Financial Institutions to file their affidavits. The District Collector/Magistrate is directed to submit a report on the villages affected by pollution and the relief measures initiated by the State Government.

Issues: Adjournment of hearing due to counsel's illness, filing of affidavits by Banks and Financial Institutions, report submission by District Collector/Magistrate on pollution-affected villages and relief measures.

Ratio Decidendi: The court's decision was influenced by the need to accommodate the unwell counsel and to gather essential information from the District Collector/Magistrate regarding the impact of pollution on villages and the State Government's relief efforts.

Final Decision: The hearing was adjourned, and the District Collector/Magistrate was directed to submit a report on the villages affected by pollution and the relief measures initiated by the State Government.

ORDER :

1. Mr. M. C. Mehta, who appeared earlier for the petitioner is stated to be unwell. Learned counsel appearing for the Banks and Financial Institutions seek two weeks time to file their affidavits. The matter is to be posted on 28th July, 2005, which is a non - miscellaneous day, subject to the orders of the Hon'ble the Chief Justice.

2. The District Collector/Magistrate shall, in the mean while, on a personal In section of the concern edvillages submita report as regards the villages affected, the Approximate extent of land affected and the problems faced by the mandals report whether safe drinking water is being supplied to the inhabitants affected by the pollution caused by the industries and whether any steps have been initiated by the State Government to provide relief to the affected in habitants in other respects. The District Collector/Magistrate shall be present with the report.

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