Indian Council for Envirolegal Action vs Union of India
- SCC(1998) 9 SCC 580
- AIRAIR 1999 SC 1502
Ratio decidendi
The rule this decision rests on
When an area suffers industrial pollution affecting drinking water sources, the court may direct the state and relevant pollution control authorities to prepare a comprehensive scheme of action with time-bound intermediate goals (measured in four-month intervals) and long-term measures for containing pollution, disposing of industrial waste, and reclaiming polluted lands and water supplies, with periodic reporting on compliance.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
1. Learned counsel for the State of Andhra Pradesh has stated that out of 15 villages where drinking water sources are affected by industrial pollution, the following two villages have been provided with drinking water supply by laying a pipeline in March 1998. These two villages are :
(i) Aratla. (ii) Ismailkhanpet.
2. The following 8 villages will receive drinking water supply through pipelines which are being laid and which will be functional by 20th May, 1998 :-
(i) Kistareddipeta. (ii) Patancheru. (iii) Pocharam. (iv) Ganapathigudnam. (v) Lakadaram. (vi) Inol. (vii) Bacchuguda. (viii)Padakanjalla.
3. In respect of the remaining 5 villages, we are informed that tenders have already been invited for laying pipelines to bring drinking water to these villages. The names of these villages are as follows :-
(i) Gandigudam. (ii) Sultanpur. (iii) Byathde. (iv) Chiduruppa. (v) Kazipalli.
4. Learned counsel for the State of Andhra Pradesh shall ascertain whether the tenders which have been invited cover the remaining 5 villages also and inform us on the next occasion.
5. The Central Pollution Control Board and the Andhra Pradesh State Pollution Control Board shall jointly prepare a Scheme of Action for containing the industrial pollution and for disposal of industrial waste as also for reclaiming the polluted lands and the polluted water supply. The Scheme will contain immediate steps to be taken either by the State of Andhra Pradesh or by the industries concerned giving particulars thereof setting out the goal to be achieved every four months as also the steps to be taken on a long term basis for prevention of industrial pollution and the stages by which these long term measures have to be completed so that every four months both the Pollution Control Boards can give a report as to whether the measures prescribed have been carried out or not. Since both the State Pollution Control Board as well as the Central Pollution Control Board have now become fully familiar with the problems of the area, such proposals be furnished on or before 9th May, 1998 for further directions on 12th May, 1998.
6. List on 12th May, 1998.
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