GOA FOUNDATION Vs. UNION OF INDIA

JUDGEMENT

(1.) By order dated 21.02.2005, considering the affidavit that had been filed by the Joint Secretary, Ministry of Environment and Forests, Government of India, this Court directed the Government to issue requisite order within a period of ten days directing closure of defaulting units continuing to operate in violation of environmental laws. The State Governments were also directed to comply with the statutory directions issued by the Government of India. We are told that pursuant to that order the Government of India has issued an order dated 2.03.2005 u/s. 5 of the Environment (Protection) Act, 1986.

(2.) Now, these applications have been filed by the applicants who have been directed to close down, pursuant to the order dated 2.03.2005. The order dated 2.03.2005 directs the State Governments and Union Territory Administrations to immediately close down all defaulting units operating in violation of environmental laws. The list of units operating in violation of the notification dated 27.01.1994, as compiled by the Central Government, has been enclosed along with the order dated 2.03.2005. The applicants are some of those who are mentioned in that list.

(3.) According to the applicants, their applications for grant of environment clearance under the 1994 notification are pending with the State Pollution Control Boards/MoEF. Mr. Sharan, learned Additional Solicitor General, appearing for the MoEF, states that with the Ministry of Environment and Forests only 44 completed applications are pending. At the present, however, learned ASG is unable to state as to which of the applicants' applications fall in that category of 44 applications which are pending.