SUPREME COURT OF INDIA

Before:- S.B. Majmudar and M. Jagannadha Rao, JJ.

C.A. Nos. 368-371 of 1999 with C.A. No. 372 of 1999 with C.A. No. 373 of 1999. D/d. 05.05.2000.

A.P. Pollution Control Board - Appellant

Versus

Prof. M.V. Nayudu (Retd.) & Ors. - Respondent

Civil Procedure Code, 1908 Section 109 Appeal - Environment - Industrial Pollution - Recalling of order - Prof. D.N Bhowmick, Head of the Department, Chemical Technology, University of Bombay appointed to consider as to whether the conditions prescribed by the Technical Committee of appellant-Board on 16.07.1997 and any other safeguards and conditions can be sufficient to permit the commissioning of project at the location in question - Objections to report, to be submitted by parties concerned, on or before 25.07.2000 - Appeal adjourned for further orders.

[Paras 2, 3 and 5]

JUDGMENT

1. Our order dated 13.4.2000 is recalled.

2. We appoint Prof. D.N. Bhowmick, Head of the Department, Chemical Technology, University of Bombay, Matunga, Bombay-400019 (Ph. 4185214). He is requested to consider as to whether the conditions prescribed by the Technical Committee of the appellant-Board on 16.7.1997 and any other safeguards and conditions can be sufficient to permit the commissioning of the project at the location in question. Prof. Bhowmick shall be entitled to take assistance of the National Geophysical Research Institute of India situated at Hyderabad to make his report comprehensive. The entire exercise in this connection, after hearing the parties and their counsel may be completed within three weeks from the date all relevant documents are received by Prof. Bhowmick. In undertaking and completing the aforesaid exercise Prof. Bhowmick may make it convenient to go to the spot and visit aforesaid factory premises in presence of the parties and their representatives and may also record whatever they have to say in this connection during his such visit and thereafter he may send his report to this Court within a further period of four weeks thereafter. The report may be sent to the Registry of this Court on or before 11.7.2000. After the report is received, Office shall make available one copy of the said report to learned counsel for the appellant-Board, who will get adequate number of copies to be supplied to Advocate of respondents.

3. Objections to the report, if any, shall be submitted by the parties concerned, if so advised, on or before 25.7.2000. The parties are directed to send all the relevant material and documents including the earlier report of the appellant Board and the evidence recorded by it to Prof. Bhowmick within two weeks from today. A copy of this order be sent by the Registry of this Court to prof. Bhowmick for his information and necessary action.

4. The initial expenses of Prof. Bhowmick for undertaking this exercise shall be deposited with him by the appellant Board within two weeks from today. We make it clear that this order is passed in connection with the earlier report of National Environment Appellate Authority treating the industry in question as hazardous industry and on that assumption Prof. Bhowmick may proceed to complete the aforesaid exercise.

5. For further orders, these Civil Appeal will be listed on 3.8.2000 at 10.30 A.M. before this Bench.

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