Case: M.C. MEHTA IN RE REPORT NO. 72 FILED BY EPCA AND ALLOCATION OF NATURAL GAS TO IGL Vs. UNION OF INDIA

1. We have considered the above Report filed by EPCA. 2. On 2nd May, 2017, learned amicus curiae had briefed us on the Report. It was pointed out on that day that use of Furnace Oil and Pet-Coke is prohibited in Delhi. It was further stated that the States of U.P., Haryana and Rajasthan had no objection if the ban is placed on the use of Furnace Oil and Pet-Coke. These State Governments were, therefore, permitted to place such a ban. 3. Almost four months have gone by and we are told that none of these three State Governments have taken any action in this matter. To make the situation worse, there is no representation on behalf of the State of U.P. nor is there any representation from the State of Rajasthan. Learned counsel appearing for the State of Haryana wants us to wait for two minutes so that he can get instructions from the State Government. We are not inclined to wait for two minutes so as to enable learned counsel to get instructions. Instructions should have been obtained well before the date of hearing.

Decision reasoning: 1[ds]3. Almost four months have gone by and we are told that none of these three State Governments have taken any action in this matter. To make the situation worse, there is no representation on behalf of the State of U.P. nor is there any representation from the State of Rajasthan. Learned counsel appearing for the State of Haryana wants us to wait for two minutes so that he can get instructions from the State Government. We are not inclined to wait for two minutes so as to enable learned counsel to get instructions. Instructions should have been obtained well before the date of hearing.16. We are quite distressed that the Ministry of Environment, Forest and Climate Change has been sitting over 16 recommendations at least since 27.06.2017, that is, almost about three months without apparently showing any concern whatsoever for the pollution in Delhi and in NCR.18. In any event, since the draft notifications have been issued and since the industry had assured us on 20.07.2017 that they would abide by the standards fixed by the CPCB, we expect the industries to live up to the assurance given to us by the industry even though the Ministry of Environment, Forest and Climate Change does not seem to be concerned about the entire issue.19. With regard to two remaining industries, i.e., nitric acid industry and fertilizer industry, we are told that the standards in this regard were sent to the Ministry of Environment, Forest and Climate Change by the CPCB on 14th February, 2014. Three and half years have gone by, but the Ministry of Environment, Forest and Climate Change has not done anything about it.20. This is a completely disgusting state of affairs and this is hardly the way in which the Ministry ought to function if it is expected to perform its duties sincerely, honestly and with dedication.