M.C. Mehta v. Union of India, (SC) BS198792
SUPREME COURT OF INDIA

Before:- Mr. M.B. Shah and Mr. Bisheshwar Prasad Singh, JJ.

I.A. Nos. 19-30 and 54 in R.P.(C) No. 792 of 1997 in Writ Petition(Civil) No. 3727/1985. D/d. 02.04.2002.

With

I.A. No. 1168 in RP(C) No. 148-377/97 in WP(C) No. 3727/85

M.C. Mehta - Petitioners

Versus

Union of India and Ors. - Respondents

I.A. No. 7-11 in RP(C) No. 829/97 in WP(C) No. 3727/85

Shih Mei Tannery & Ors. - Petitioner

Versus

UOI & Ors. - Respondent

I.A. No. 365 in IA No. 88 in WP(C) No. 3727/85, I.A. No. 366 in WP(C) No. 3727/85

Ambedkar Tanneries Assn. - Petitioner

Versus

UOI & Ors. - Respondent

For the Applicants :- Mr. D P Mukherjee, Ms. Nandini Mukherjee, Mr. Sanjay Parekh, Mr. Abinash K. Mishra, Mr. R.R. Chandrachud, Mr. Prasanto Charaborty, Ms. Shipra Ghosh, Mrs. V.D. Khanna, Advocates.

For the Respondents/ Appearing parties :- Mr. M C Mehta, in person.

For the State of W.B. :- Mr. B. Roy, Advocate General, Mr. B. Gupta, Mr. Dilip Sinha, Mr. J.R. Das, M/s.Sinha & Das, Advocates.

For the MOE :- Mr. R.N. Poddar, Mr. Krishan Mahajan, Mr. B.V. Balramdas, Advocates.

For the BOT Party :- Mr. Kapil Sibal, Ms. Radha Rangswami, Advocate.

For the CPCB :- Mr. Vijay Panjwani, Advocate.

For the WBSPCB :- Mr. R. Mohan, Mr. V.G. Prahgasam, Dr. A M Singhvi, Mr. Akbar Ali, Ms. Sumita Mukherjee, Mr. Abhimanyu Bhandari, Mr. Somnath Mukherjee, Mr. G.S. Chatterjee, Mr. Raja Chatterjee, Mr. S.K Gupta, Mr. S. Chakraborty, Ms. Indu Malhtora, (N/P), Advocates.

Environmental Law - Tanneries in West Bengal - Construction of modules of Common effluent Treatment Plant - Adovate-General appearing on behalf of State submits that State Government has undertaken to complete the project on or before 15.10.2002 - Direction given to the State to establish a police station provided with a police van at the site for security.

[Paras 4 and 6]

ORDER

1. UPON hearing counsel the Court made the following

2. Heard the learned counsel for the parties.

3. With regard to construction of 2 moduels of Common Effluent Treatment Plant at Calcutta Leather Complex, learned Advocate-General appearing on behalf of the State of West Bengal submits that the State Government has undertaken to complete the said project on or before 15.10.2002. The contract for such construction is also given to M/s. Va Tech Wabag Ltd. for a sum of Rs. 31.2061 crores. That was on the basis of the recommendation of the High Powered Committee.

4. For the construction of Effluent Transportation System of Common Effluent Treatment Plant, it has been pointed out that BOT Party be directed to complete the same in remaining zones namely, 6,7 and 8 before October 2002. It is stated that BOT Party has informed the State Government that it would complete the construction of ETS, however, before that the amount which they have incurred should be reimbursed. For that purpose in the 19th Status Report which is submitted today it has been stated that the decision in the matter will be taken only after Government of India accord approval to the detailed project report and the estimated cost of ETS. As against this, the learned counsel appearing for the BOT Party submits that without getting any amount from the State Government it is practically impossible for the BOT Party to complete the work. For avoiding delay, we direct the State Government to pay the amount on ad hoc basis within one month from today. Learned counsel appearing for the Central Government states that with regard to the Central Government share of 50 per cent, it would be paid within one month from today.

5. Learned counsel appearing on behalf of the BOT Party states that BOT Party has already offerred free of cost land to the State Government for establishment of police station and fire station within the complex itself. In this view of the matter, the State Government is directed to establish police station within one month from today and fire station within four months from today without fail and mobile police van shall remain constantly at the site so as to prevent extortions and unsocial elements entering the leather complex.

6. Learned counsel appearing for the BOT Party states that BOT Party would fully develop following infrastructure at Zones 1 to 8 at Calcutta Leather Complex by October 2002 :-

.