M C MEHTA II Vs. UNION OF INDIA

JUDGEMENT

(1.) This application has been made by Shriram Foods and Fertiliser Industries (hereinafter referred to as 'Shriram') for clarification in respect of certain conditions set out in the Order passed by us on 17th February, 1986 in Writ Petn Nos. 12739 of 1985 and 26 of 1986 : (Reported in AIR 1987 SC 965). Though the application has been styled as an application for clarification, it is really and in substance, an application for modification of some of the conditions contained in the Order. We passed the Order permitting Shriram to restart its power plant as also plants for manufacture of caustic chlorine including its by-products like sodium sulphate, hydrochloric acid, stable bleaching powder, superchlor and sodium hypochlorite and vanaspati refined oil including its by products and recovery plants like soap, glycerine and technical hard oil, but we made the permission subject to certain conditions which, we insisted, should be strictly and scrupulously followed by Shriram and we made it clear that if at any time it is found that any one or more of these conditions are violated, the permission would be liable to be withdrawn. There are three out of these conditions in respect of which modification is sought by Shriram on the ground that compliance with these conditions would entail certain operational and practical difficulties.

(2.) The first condition in respect of which modification is sought by Shriram is condition No. 2 which runs as follows :

(3.) The next contention in respect of which modification is sought by Shriram. is Condition No. 5 which runs as follows :