LAWS(GJH)-2009-6-70

CONSUMER EDUCATION AND RESEARCH SOCIETY Vs. SECRETARY

Decided On June 20, 2009
CONSUMER EDUCATION AND RESEARCH SOCIETY Appellant
V/S
SECRETARY Respondents

JUDGEMENT

(1.) THIS public interest litigation has been filed seeking directions to the State Government to implement the recommendations of the JJ Mehta Task Force and the action plan recommended by the Empowered Committee to ensure safety of the people working or connected with, or public likely to be affected by the hazardous industry functioning in and near Ahmedabad. The petitioner also sought direction to respondent Nos. 2 to 25 to comply with all the legal provisions in the matter of discharge of effluents within a specified time. Direction was also sought against the State Government to prepare a time bound programme for shifting of existing hazardous/toxic industries from thickly populated area for the reason that the location of such industries in close proximity of thickly populated areas pose a grave threat to their right tol ife under Article 21 of the Constitution.

(2.) LEARNED Asstt. Government Pleader submitted that effective steps have been taken by the State Government to implement the provisions of the Environment (Protection) Act and also the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) At, 1981 and other related rules and regulations to see that the industries would not cause any serious threat to the life and property of the people. Further, it is also stated that Writ Petition (Civil) No. 12179 of 1985 was filed by Shri M. C. Mehta before the Apex Court. Thus, effective steps are being taken by the Government and no further orders are necessary. A detailed affidavit has also been filed by respondent Nos. 15, 20 and 23 stating that effective steps have been taken by the industres to scrupulously follow the rules and regulations so that the functioning of the factories would not cause any inconvenience to the general public. The statement of the counsel for respondent Nos. 15, 20 and 23 is recorded. Further, we make it clear that the directions given by the Supreme Court in the above writ petition would be followed by the parties.

(3.) WITH the above directions, the petition is disposed of.