Writ Petition (Civil) No.13381/1984, M.C.Mehta Vs Union of India & Ors.

Brick Kilns Matter

In brick kiln matter the Hon’ble Supreme Court issued directions time to time from the year 2001. On the directions of the Hon’ble Supreme Court a five member Joint Inspection Committee was constituted in the year 2001. On the basis of the inspection carried out by the Joint Inspection Committee, the Central Board submitted its affidavit along with the inspection report of the Joint Inspection Committee. Till dated on the directions of the Court approximately 125 brick kilns were inspection by the said Joint Inspection Committee. The Hon’ble Court on 11.9.2003 after assessing the present status of the brick kilns located in Agra, Firozabad, Hathras and Etah. The Hon’ble Court directed the Chairman, Central Board to constitute a Committee consisting of Direction, one representative each from the Archeological Survey of India (ASI), Ministry of Environment & Forests, U. P. Pollution Control Board and Central Pollution Control Board. The Hon’ble Court further directed that the meeting of the said Committee would be held in Agra. The Committee may seek any information or expert opinion from any person/officers and the orders passed by the Committee shall be final. On the basis of the recommendations of the Joint Inspection Committee, the Hon’ble Court also directed the brick kilns owners before filing application to the said Committee or brick kilns will immediately apply for electricity connection and the electric connection meant for agricultural use will be disconnected by the electricity supplier. On the directions of the Hon’ble Court the Chairman, Central Pollution Control Board has constituted a Committee on 20.10.2003.

Air Quality Monitoring Station at Agra

Pursuance to the directions of the Hon’ble Supreme Court the Central Pollution Control Board has established four Ambient Air Quality Monitoring Stations in Agra. These four air quality monitoring stations are located at Taj Mahal, Itmad-Ud-Daula, Rambagh and Nunhai besides one Central Analytical-cum-Calibration Laboratory. The data generated from the air quality monitoring stations are being displayed at Taj Mahal has suggested by Mahajan Committee. The Central Board has also initiated a study to monitor very fine particles (PM2.5) besides chemical speciation, emission inventory studies etc. with hardware and technical support from Environment Canada. The Central Board is also in the process of developing ambient air quality standard with respect to FPM (PM2.5).

Writ Petition (Civil) No.4677/1985, M.C.Mehta Vs Union of India & Ors.

The matter is related to the mining activities in area upto 5 k.m. from the Delhi-Haryana border on the Haryana side of the Ridge and also in the Aravalli Hills. The Hon’ble Court vide order, dated 18.3.2004 observed that with a view to monitor the overall eco-restoration efforts in the Aravalli Hills and to provide technical support in the implementing organizations and also to monitor the implementation of recommendations of Environment Protection Control Authority (EPCA), Central Empowered Committee (CEC) and Central Mine Planning and Design Institute (CMPDI) to constitute a Monitoring Committee. The Hon’ble Court besides several other directions directed the following heads of the Departments would be members of the said Monitoring Committee:

Besides above, the Hon’ble Court further directed the Ministry of Environment & Forests to appoint an officer from Central Ground Water Board to be a member of the Monitoring Committee. The following persons have also be members of the said Committee as representatives of the public:

The Hon’ble Court directed that the Ministry of Environment & Forests will be the nodal agency of the said Monitoring Committee. The Monitoring Committee was directed to inspect the mines and file a report within a period of three months containing the suggestions for recommencement of mining in individual cases.

Writ Petition (Civil) No.3727/1985, M.C.Mehta Vs Union of India & Ors.

In the matter of Ganga Pollution the Central Pollution Control Board has filed an Interlocutory Application in the Supreme Court seeking directions from the Hon’ble Court in respect of the Municipalities/Nagar Palikas/Local Bodies located in the State of Uttar Pradesh, Bihar to maintain properly and operate the sewage treatment plant/sewerage system, pumping stations crematoria, low cost toilets and other assets created under the Ganga Action Plan (GAP). The Hon’ble Supreme Court after considering the submission of the Central Board directed that all the concerned States and Municipal Councils to file necessary response indicating by the oxidations ponds have not been erected and identify the land.

In response to the directions of the Hon’ble Supreme Court some of the Municipal Councils have submitted their response in the Court which are pending for the appropriate directions of the Court.

Writ Petition (Civil) No.888/1996, Almitra H. Patel & Anr. Vs Union of India & Ors.

In this matter the Hon’ble Court on 3.2.2004 directed the Central Pollution Control Board to submit through an Affidavit the compliance with Rule 8 of the Municipal Solid Wastes (Management and Handling) Rules, 2000. The Hon’ble Court further directed that the State Pollution Control Boards and Pollution Control Committees which have not submitted report in terms of Rule 8 of the aforesaid Rules shall forthwith submit it to the Central Pollution Control Board. The Central Pollution Control Board vide its affidavit, dated 3.3.2004 submitted in the Supreme Court informed that three Annual Reports consecutively as required under Rule 8 of the Municipal Solid Waste (Management and Handling) Rules, 2000 to the Ministry of Environment & Forests for the year 2000-2001, 2001-2002 and 2002-2003. The Central Board has indicated the performance and status of implementation of local bodies (Municipalities) with respect to the provisions of the Municipal Solid Wastes Rules. The Central Board has also made its recommendations in the Annual Report submitted to the Ministry of Environment & Forests that (i) in the first phase the Ministry of Environment & Forests may consider to direct concerned States/UTs to formulate time bound action plans in respect Metro Cities and State Capitals (35 Metro Cities and 24 State Capitals); (ii) the Ministry of Environment & Forests/Central Pollution Control Board may continue to support States/UTs for setting up of Demo Projects on cost sharing basis. The matter is under consideration of the Hon’ble Court.

Writ Petition (Civil) No.657 of 1995, Research Foundation for Science Technology and National Resource Policy Vs Union of India & Ors.

The progress in the matter during the period under the report is, the Hon’ble Supreme Court vide order, dated 14.10.2003 directed that the Central Pollution Control Board would be empowered to monitor the import of hazardous waste the Central Pollution Control Board will collate the data from the State Pollution Control Boards directly from each State Pollution Control Board and will randomly cross check the data upto 10% of the units prior to preparing the National Inventory. The Central Pollution Control Board also directed to study the reports of State Pollution Control Boards and make an evaluation of the proposals, counter check the data generated in the reports and produced a National Plan for Rehabilitation of Hazardous Waste Dump Sites. Such plan should be submitted to the Hon’ble Court within four months.