Supreme Court - Daily Orders
Vellore Dist.Environment ... vs The State Of Tamil Nadu And Ors The ... on 7 April, 2015
Bench: M.Y. Eqbal, Amitava Roy
ITEM NO.3 COURT NO.10 SECTION XII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).
23633-23634/2010
(Arising out of impugned final judgment and order dated 28/01/2010
in WP No. 8335/2008,28/01/2010 in WP No. 19017/2009 passed by the
High Court Of Madras)
VELLORE DIST.ENVIRONMENT MONTNG.COMMITEE Petitioner(s)
VERSUS
DISTRICT COLLECTOR & ORS. Respondent(s)
(with appln. (s) for permission to file additional documents and
permission to place addl. documents on record and office report)
(For final disposal)
WITH
SLP(C) No. 26608/2011
(With appln.(s) for c/delay in refiling SLP and appln.(s) for
c/delay in filing SLP and Office Report)
Date : 07/04/2015 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE M.Y. EQBAL
HON'BLE MR. JUSTICE AMITAVA ROY
For Petitioner(s)
SLP 23633-34/2010 Mr. T. Mohan, Adv.
Mr. Amit Gupta, Adv.
Mr. Sarwa Mitter Gupta, Adv.
Mr. Sumati Jumrani, Adv.
For M/s Mitter & Mitter Co.,Adv.
Mr. Shakil Ahmed Syed,Adv.
For Respondent(s)
For CPCB Mr. Vijay Panjwani, Adv.
Mr. Ashok Panigrahi,Adv.
Mr. Santosh Kumar, Adv.
SLP 23633-34/2010 Mr. Rakesh Dwivedi, Sr.Adv.
Signature Not Verified
Mr. Subramonium Prasad, AAG
Mr. B. Balaji,Adv.
Digitally signed by
Sukhbir Paul Kaur
Date: 2015.04.07
17:07:38 IST
Reason: Mr. Rakesh Sharma, Adv.
Ms. R. Shase, Adv.
...2/-
-2-
SLP 23633-23634/2010 Mr. Raju Ramachandaran, Sr.Adv.
Mr. Shakil Ahmed Syed,Adv.
Mr. Daanish Ahmed Syed, Adv.
Mr. Moonis Abbasi, Adv.
Mr. Uzmi Jameel Husain, Adv.
Mohd. Parvez Dabas, Adv.
SLP 26608/2011 Mr. T. Mohan, Adv.
Mr. Gautam Narayan,Adv.
Ms. Asmita Singh, Adv.
Mr. Yogeshwaran, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Heard learned counsel for the parties. Reference may be made to the Order dated 20.2.2015, which reads as under :-
“Learned counsel for the respondent No.2 – The Tamil Nadu Pollution Control Board reported that no pollution is being caused by the leather and other industries situated nearer to Palar river in the district Vellore, Tamil Nadu. Learned counsel for the petitioner contended that there is still pollution in the river Palar. On the directions of the Court, the Tamil Nadu Pollution Control Board-second respondent made inspection and submitted report with regard to stretches 1, 2, 3, 4, 5 and 6 of the river Palar. It is reported that there is no more pollution in river Palar within the stretches aforesaid at the instance of the industries. However, according to the learned counsel for the petitioner, there is still pollution in the river Palar due to which some of the persons recently get affected.
In view of the contradictory stand taken by the parties, we are of the view that the report should be obtained from Central Pollution Control Board, New Delhi. We accordingly, implead Central Pollution Control Board through its Chairman, Parivesh Bhawan, CBD-cum-Office Complex, East Arjun Nagar, New Delhi – 110 032 as party respondent.
Let notice be issued on the Central Pollution Control Board returnable in four weeks. Dasti, in addition, is permitted. ...3/--3-
On their appearance, the Court may direct them to make inspection of river Palar and the industries, municipalities and other sources discharging affluents in the river at various locations of the Vellore district and submit report, analysis along with maps. The State Pollution Control Board will cooperate the Central Pollution Control Board.” Today Mr. Vijay Panjwani, learned counsel appeared for the Central Pollution Control Board (in short 'the CPCB').
We, accordingly, direct the CPCB to make inspection and submit report with regard to the stretches 1, 2, 3, 4, 5 and 6 of the river Palar including the Common Effluent Treatment Plant (in short 'the CETP').
The report shall be submitted within three weeks.
Let these matters be listed on 12th May, 2015.
In the meantime, Mr. T. Mohan, learned counsel appearing for the petitioners in S.L.P.(C) Nos. 23633-23634 of 2010 and for respondents in SLP(C) No. 26608 of 2011 is directed to supply all the relevant documents to the learned counsel appearing for the CPCB. Learned counsel for the petitioners shall also furnish a list of those industries which are directly or indirectly discharging affluents in the river.
(Sukhbir Paul Kaur) (Indu Pokhriyal)
Court Master Court Master