Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2003 Supreme(SC) 1645

SUPREME COURT OF INDIA
M.B. Shah, AR. Lakshmanan, JJ.
M.C. Mehta - Petitioners
Versus
Union of India and Ors. - Respondents
Shih Mei Tannery & Ors. - Petitioner
Versus
U.O.I. & Ors. - Respondent
Ambedkar Tanneries Association - Petitioner
Versus
U.O.I. & Ors. - Respondent
IA Nos. 19-30 and 54 in RP (C ) No. 792/1997 in Writ Petition(Civil) No. 3727/1985 .
IA Nos. 7-11 in RP ( C) No. 829/97 in WP ( C) No. 3727/1985
IA NO. 365 IN IA No. 88 in WP ) 3727/1985, IA NO. 366 IN WP ) NO. 3727/1985
Decided On : 29-07-2003

Advocates Appeared:
For the Applicants :Mr. D.P. Mukherjee, Ms. Nandini Mukherjee, Mr. Sanjay Parikh, Mr. Somnath Mukherjee, Mr. Prashant Chakravarty, Ms. Shipra Ghosh, Ms. V.D. Khanna, Advocates.
For the State of West Bengal :Mr. Bhaskar P. Gupta, Mr. Dilip Sinha, Mr. S. Mishra, M/s Sinha & Das, Advocates.
For the U.O.I. :Mr. C.V. Subba Rao, Mr. R.N. Poddar, Advocates. Dr. Abhishek M. Singhvi, Mr. Akbar Ali, Ms. Sumita Ray, Advocates.
For the West Bengal PCB :Mr. R. Mohan, Mr. V.G. Pragasam, Advocates.
For the B.O.T. Party :Ms. Radha Rangaswamy, Advocate.
For the C.P.C.B. :Mr. Vijay Panjwani, Mr. Krishan Mahajan, Ms. Indu Malhotra, Mr. Prashant Chakravarthy, Ms. Shipra Ghosh, Mr. S.K. Gupta, Mr. Irshad Ahmed, Advocates.
For the RR :Mr. D.P. Mukherjee, Ms. Nandini Mukherjee, Mr. Somnath Mukherjee, Advocates.

The court emphasized the importance of timely allotment of plots, registration of co-operative societies, and compliance with environmental regulations for small tanneries and partnership firms.

Headnote:
Co-operative Societies - Small Tanneries - Allotment of Plots and Registration
Fact of the Case:

The court considered the 23rd Status Report submitted by the State of West Bengal, addressing issues related to the allotment of plots to co-operative societies formed by small tanneries and partnership firms, as well as the commissioning of a sub-station and completion of the effluent discharge system.
Finding of the Court:

The court ordered the State Government to allot plots to co-operative societies formed by small tanneries and partnership firms, and directed the Registrar, Co-operative Societies, West Bengal to expedite the registration process. Additionally, the court directed the BOT party to commission the 2nd sub-station within two months and verify the completion of the effluent discharge system.
Issues: Allotment of plots to co-operative societies, commissioning of sub-station, completion of effluent discharge system, and provision of connections to the CETP for new units.
Ratio Decidendi: The court's decision was influenced by the need to address the concerns of small tanneries and partnership firms, ensure timely commissioning of essential infrastructure, and verify the completion of environmental compliance measures.
Final Decision: The court granted the State Government and the BOT party specific directives regarding the allotment of plots, registration of co-operative societies, commissioning of the sub-station, and verification of environmental compliance, with a follow-up hearing scheduled for 14th August, 2003.

ORDER :

1. Heard the learned counsel for the parties.

2. Considering the 23rd Status Report submitted by the State of West Bengal, it is ordered that it would be open to the State Government to allot plots to the co-operative societies which are formed by the small tanneries and also to the partnership firms. The Registrar, Co-operative Societies, West Bengal is directed to see that registration is given to those persons who apply for formation of co-operative societies for displaced small tannery holders as early as possible.

3. It has been further pointed out that at present BOT party has made available 12.5MVA of power for Zones 1 to 8 through one sub-station. The BOT party is directed to commission the 2nd sub-station within two months from today. On behalf of the BOT party, it has been specifically stated that underground wires would be laid for electricity purposes.

4. Learned counsel for the BOT party states that statement in report to the effect that BOT party has not yet completed the preliminary effluent discharge system from CETP to the SWM channel is factually incorrect as that has been completed on 31st October, 2002 as per the 21st Status Report dated 12th November, 2002.

5. The concerned officers of the State Government would verify the claim of the BOT party and submit an appropriate report to this Court. Learned counsel for the BOT party seeks two weeks' time for filing reply to the statements made in paragraphs 5.2 and 5.3 of the 21st Status Report and clarify the position. Time granted, as prayed for.

6. Learned counsel appearing on behalf of the State Government further states that on an application being filed before the concerned officer, new units or units which are allotted plots in Zone No. 1 to 9 would be given connection to the CETP within a period of 7 days from the date of application.

7. List on 14th August, 2003.

Click Here to Read the rest of this document