H M P CEMENTSLTD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Reference may be made to the earlier order passed in the coal case. This case involves manufacture of cement. The petitioners have got a cement factory. In this case, a document has been produced before us issued by Cement Manufacturers' Asssociation addressed to all members of the Association. We are told by Mr. Dayal appearing for the petitioners that this is a body having its members the owners of all cement factories throughout India. Let the xerox copy of this document be kept as part of the records of this case. The copies of the same be supplied to the learned Counsel concerned. This arises out of the statement made by the Minister of Environment and Forests before the Rajya Sabha on 4th March, 1992 pointing out the Government have proposed certain actions against the polluting industries. As a matter of fact, this statement of the Hon'ble Minister made before the House has now taken the shape of a Statutory Rules under Sections 6 and 25 of the Environment (Protection) Act, 1986 and amending Environment (Protection) Rules, 1986. It is common case before us that these rules are applicable in the case of the petitioners and others manufacturers similarly situated, where they are governed by Air (Prevention and Control of Pollution) Act, 1981 (hereinafter referred to as 'the Act'). In Rule 3 of the Environment (Protection) Rules, 1986 after Sub-rule (5), the following sub-rule has been added, namely:

(2.) We dispose of this application accordingly. Let it be made clear that we have not otherwise gone into the merits of the first case and that this order is without prejudice to the rights and contentions of the parties.

(3.) We should also place on record that Mr. Dayal submitted that his client has a very small unit and it is not possible on their part without having any technical staff, to carry out such programme on its own. The Board is not bound to provide such staff. However, if in order to implement the provisions of the said Act, which has been enacted under an Internationational Treaty, if any advice of the State Board is sought for, then we are quite sure that the Board would provide such assistance advice if it is possible for them to do so for the greater interest of the nation.