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Appellants: Goa Foundation Vs. Respondent: Union of India (UOI): Decided On: 22.02.2005
IN THE SUPREME COURT OF INDIA
Appellants: Goa Foundation Vs. Respondent: Union of India (UOI): Decided On: 22.02.2005
Hon'ble Judges:
Y.K. Sabharwal and P.P. Naolekar, JJ.
Subject: Environment
Case Note:
Environment - Environment Protection Act, 1986 - Non-compliance of Environmental law – Effect – Issuance of an order dated 17.12.2004 directing closure of defaulting units operating in violation of environmental laws – Affidavit filed by Joint Secretary, Ministry of Environment and Forests, Government of India purportedly in compliance of order – However since there being non compliance of order in letter and spirit – Direction given to government of India to issue requisite order within a period of 10 days directing closure of defaulting units
ORDER
1. Pursuant to the Order dated 17.12.2004 an affidavit of R. Chandramohan, Joint Secretary, Ministry of Environment and Forests, Government of India, has been filed though belatedly on 10.2.2005. The affidavit though purports to be in compliance with the Order dated 17.12.2004, but in letter and spirit it is far from complying that order. It is more in the nature of completing the formality. The querries raised in the said Order have still not been answered fully. Alongwith the affidavit only copies of some of the letters i.e. Dated 13.1.2005, 4.2.2005 and 7.2.2005 have been annexed. The Government of India is not powerless to ensure compliance with the environmental laws in particular Environment Protection Act, 1986. In these circumstances, we direct Government of India to issue requisite order within a period of 10 days directing closure of defaulting units continuing to operate in violation of environmental laws. The State Governments are directed to comply the statutory directions issued by the Government of India. The respondent-Government of India is directed to file a compliance report within six weeks giving details of units may be closed as a result of this Order.
2. List after six weeks.