GOA FOUNDATION Vs. UNION OF INDIA

JUDGEMENT

(1.) In the order dated 21.02.2005, this Court observed that the Government of India is not powerless to ensure compliance with the environmental laws, in particular, the Environment (Protection) Act, 1986. The Government was directed to issue requisite order within a period of ten days directing closure of defaulting units which continue to operate in violation of environmental laws and the State Governments were also directed to comply with the statutory directions issued by the Government of India. Pursuant thereto, the Government of India passed an order dated 2.03.2005. The effect of the order was closure of various units. This led to filing of spate of applications by various units which were closed or were apprehending closure pursuant to the order dated 2.03.2005. Having regard to the totality of the circumstances and in the background noticed in the order dated 11.03.2005, the operation of the order dated 2.03.2005 issued by the Government of India was stayed while directing the Ministry of Environment and Forests to process the applications.

(2.) When the matter was taken up on 25.04.2005, the Ministry of Environment and Forests was directed to examine various applications and file report so as to assist the Court on the issue of interim directions, particularly, in regard to the units which are operating in blatant violation of various environmental laws. Pursuant to the said order, learned Solicitor General has filed the status of the units as on 10.05.2005. Presently, it may be clarified, this Court is only considering the issue of interim directions having granted a blanket stay of order dated 2.03.2005 of the Government of India in terms of the order dated 11.03.2005.

(3.) The status report divides the total 292 units into two categories i.e. industry and mining. There are 121 units in industry category and 171 units in the mining category. Insofar as the 121 units are concerned, having perused the status report, we do not think that for the present, any modification of order dated 11.03.2005 is required at this stage. We are told by learned Solicitor General that in respect of the remaining 62 units, the matter is likely to be finalised in about three months' time as in most of the said cases, public hearing was supposed to have taken place in the month of April 2005.