SUPREME COURT OF INDIA

Before:- S. Saghir Ahmad and M. Jagannadha Rao, JJ.

I.A. No. 642 in I.A. No. 22 in Writ Petn. (Civil) No. 4677 of 1985. D/d. 6.4.1999.

M.C. Mehta - Appellant

Versus

Union of India and others - Respondents

For the Petitioner :- Mr. M.C. Mehta, Advocate.

For the Respondent :- Mr. Vijay Panjwani Advocate.

For the Appellant :- Ms. Indra Sawhney, Mr. Y.P. Mahajan, Mr. B.V. Balaramdas, Mr. P. Parmeswaran, Mr. A.K. Sharma, Advocates, Mr. Ranjit Kumar Advocate (A.C.) (NP), Mr. S.K. Bhattacharjee Advocate (NP), for Union of India, Mr. R.N. Seshwani, Advocates.

Air (Prevention and Control of Pollution) Act, 1981, Sections 21 and 22 - Environment (Protection) Act, 1986, Section 3 - Environment protection - Air pollution - Hot Mix Plant - Two weeks' time granted to filed a better affidavit indicating the modern technology which would be employed for commissioning the Hot Mix plant and pollution control device utilised for running the Hot Mix plaint coupled with expert opinion - Affidavit should also indicate whether other requirements under 1981 Act, and 1986 Act, including Rules and notification issued thereunder specially the Environment Impact Assessment Notification, 1994 complied with or not.

[Para 1]

JUDGMENT

The additional affidavit field by the applicant is wholly vague and cannot be acted upon specially in the face of the counter-affidavit filed to-day on behalf of Central Pollution Control Board and the submissions made by Mr. M. C. Mehta learned counsel for the applicant prays for and is granted two weeks' time to file a better affidavit indicating the modern technology which would be employed for commissioning the Hot Mix Plant and the pollution control device which would be utilised for running the Hot Mix Plant coupled with expert opinion. The affidavit should also indicate whether other requirements under the Air (Prevention and Control of Pollution) Act, 1981 and the Environment Protection Act, 1986, including Rules and the Notifications issued thereunder specially the Environment Impact Assessment Notification, 1994 have been complied with or not.

2. List after two weeks.

Order accordingly.