M C MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) On 9/09/1985, this court issued orders for issue of notices to all industries situated in the riparian area of river Ganges to stop discharging the effluents from their factories without treating such effluents properly in accordance with the standards prescribed by the central Board for Prevention and Control of Water Pollution. Pursuant to the direction general notices were published in various newspapers. Some of the industries have filed affidavits but it appears that they have not strictly complied with the order as yet. On 16/01/1991, Ministry of Environment and Forests issued a notification requiring the industries to comply with the standards for emission or discharge of environmental pollutants by 31/12/1991. Nothing has been placed before us to show that these riparian industries (other than tannery, Municipal Board and distilleries in respect of which separate orders have been passed) have complied with the orders issued by this court or that they have taken steps to comply with government Notification dated 16/01/1991. This court's order as well as the government's directions are necessary to be complied with to prevent pollution. We accordingly direct that a general notice shall be published in The Times of India, Delhi, The National Herald, Lucknow, The Hindustan Times, Patna, The Statesman, Calcutta and The Jan Satta, Delhi. The cost of publication of notice shall be borne by Union of India (Ministry of Environment and Forests). The notice shall state that all riparian industries should file their affidavits before this court by 15/01/1992, slating therein the steps that they have taken to comply with the orders of this court and the directions issued by the Ministry of Environment and Forests vide notification dated 16/01/1991. It is further made clear that if any industry has failed to take the necessary steps for preventing pollution or following the standards for emission or discharge of environmental pollutants as required by the aforesaid notification, the said industry shall be directed to be closed.

(2.) List the matter for further orders in the third week of January 1992, before a bench of which N. M. Kasliwal, J. is a member. In addition to the publication of the notices in the newspapers, as directed aforesaid, individual notices to the industries, a list of which shall be supplied by the petitioner, shall also be issued. court Masters