M C MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) In the application under Art. 32 of the Constitution challenge is to the continuance of stone crushing operations in the close vicinity of Delhi and consequent pollution emerging out of it. Notice was issued in the matter and after the parties were heard to a considerable extent, liberty was given to the Union of India to deal with the pollutive activities which were objectionable under the Air Pollution Act. After hearing them the Union of India made an order directing total closure of the operation. Instead of approaching this court in the pending matter, though the operators were aware of the fact that the matter was pending in this court, writ petitions were filed in the Delhi High court and interim orders have been obtained. We are of the view that since the main matter is pending in this court and is now ready for hearing the petitions which are pending in the Delhi High court (relating to stone crushers) and the numbers as specified in the schedule to this order should be transferred immediately for disposal in this court. We accordingly direct that the said cases be transferred to this court to be dealt with the main matter which shall be taken up for final disposal on 29.10.1991. The entire record of the cases may be obtained from the Delhi High Court and in case, as Mr Thakur submits, if any report has been called for, that may also be furnished. We make it clear that no adjournment will be granted on the date of hearing. In regard to cases pending in the High courts other than relating to stone crushers no order is made at present but the applications shall be listed before a bench presided over by Hon ble Mr Justice K.N. Singh on 29.10.1991 as already ordered in some connected matters.