M.C. MEHTA A v.

UNION OF INDIA AND ORS.

JANUARY 13, 1998

[J.S. VERMA, CJ!., DR. A.S. ANAND AND B.N. KIRPAL, JJ.]

Environment Protection Act, 1986:

S. 3(3)-National Capital Region-Region-Environmental pollution- C Environment pollution (Prevention and Control) Authority (headed by Shri Bhure Lal)-Order dated 7.1.1998 passed by this Court* modified to the effect that matters outside the scope of the authority of Bhurelal Committee would be dealt with by concerned Statutory Authorities-Earlier ad hoc Committee headed by Mr. Justice R.K. Shukla would cease to exist.

D ,., -1... *MC. Mehta v. Union of India and Ors., (1998] l SCR, order modified.

ORIGINAL JURISDICTION: Writ Petition (C) No. 13029of1985.

(Under Article 32 of the Constitution of India.) E Petitioner-in-person. (NP)

Ashok H. Desai, Attorney General, H.N.Salve and G.L.Sanghi, Mukul Mudgal, ADN Rao, Wasim A.Qadri, Ms. Niranjana Singh, P. Parameshwaran, Arvind Kumar, Sandeep Narain, R.K. Kapoor, P. Vanna, S.K. Srivastava, Anis Ahmed Khan, S.N. Sikka, Vijay Panjwani, Ranjit Kumar, Kailash Vasdev, R. p Sasiprabhu, Manish Garg, Anees Ahmed, R.K. Maheshwari, Ashok Mathur, V.B. Saharya, Ejaz Maqbool, atish Aggarwal A.A. Khan, L.K. Pandey, S.L.

Upadhyay, S.R. Setia, Sanjay Parikh, D.K. Garg and D.S. Mehra, for the appearing parties.

The following Order of the Court was delivered :

We have heard the learned Attorney General and the learned Amicus Curiae. The learned Attorney General has pointed out that the ad-hoc Committee set up pursuant to this Court's order dated 13th September, 1996

in IA No.18 in WP (C) 4677of1985 headed by Justice R K Shukla is no longer necessary after the constitution of the Authority under Section 3(3) of the H

' 91

SUPREME COURT REPORTS

[1998] I S.C.R.

A Environment Protection Act headed by Shri Bhure La) but there may be some matters pertaining to environment which may be out side the scope of the authority of the Bhure Lal Committee and be required to be dealt with by the concerned Statutory Authority. It is submitted that a clarification to this effect may be made of our order dated January 7, 1998. We are satisfied that this B clarification of our earlier order is necessary. Accordingly, our order of January 7, 1998 shall be read with the following modification/addition:

"Jn case there are certain matters which are outside the scope of the authority of Bhure Lal Committee constituted under Section 3(3) of the Environment Protection Act, the same shall be dealt with by the concerned Statutory Authorities. To avoid any ambiguity in this regard. we make it clear that on the constitution of the Committee, headed by Shri Bhure Lal as an authority under Section 3 (3) of the Act, the earlier ad-hoc Committee headed by Mr. Justice Shukla would cease to exit."

D 'This addition is to be treated as inserted in internal page 4 of the order

dated 7th January, 1998 in the paragraph beginning with the words 'In view

, J._ of this order' after the words 'Committee headed by Sh. Bhure Lal on its constitution.' and before the sentence beginning with the words 'We also place on record our appreciation of the work done by Mr. Justice R K Shukla

E R.P.

Petition is still pending.