M. C. MEHTA versus UNION OF INDIA & ORS.

Citation: [2020] 2 S.C.R. 500 · Decided: 13-01-2020 · Supreme Court of India · Bench: ARUN MISHRA, DEEPAK GUPTA · Disposal: Directions issued
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Judgment (excerpt)

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SUPREME COURT REPORTS
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M. C. MEHTA
v.
UNION OF INDIA & ORS.
(IA Nos. 158128 and 158129 of 2019)
In
(Writ Petition (C) No. 13029 of 1985)
JANUARY 13, 2020
[ARUN MISHRA AND DEEPAK GUPTA, JJ.]
Environmental Law:
Pollution – In hot spots in Delhi and NCR Regions – Supreme
Court while deciding earlier Interlocutory Applications, directed
Ministry of Environment, forest and Climate Change, Government
of India to submit status report – Report No. 106 filed by
Environmental Pollution (Prevention and Control) Authority (EPCA)
– In order dated 4.11.2019, the Court noted that there is blatant
violation of Article 21 of the Constitution, by serious kind of pollution
by stubble burning, construction and demolition activities, open
dumping of waste/garbage, unpaved roads/ pits, road dust, garbage
burning and traffic congestion – Various hot-spots in Delhi and
NCR regions were identified – The Court issued directions to the
States of Rajasthan, Punjab, Haryana and NCT of Delhi and to
Panchayats and concerned administrative Authorities to prevent
stubble burning – The Court also restrained demolition and
construction activities for the time being – Directions were issued
to be taken care of by EPCA – By order dated 29.1.2018 the Court
directed constitution of High Level Task Force – The Court further
directed Central Government to work in collaboration and
consultation with various State Governments to stop the problem of
stubble burning – The problem of garbage disposal and waste
management was also addressed by the Court – The Court by order
dated 13.11.2019 directed the Central Government and Government
of NCT of Delhi to consider installation of smog towers – The Court
by order dated 25.11.2019 directed to use new technology for
controlling the pollution – Ministry of Environment, forest and
   [2020] 2 S.C.R. 500
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Climatic Change filed Status Report regarding Smog Towers, Anti
Smog Guns, Oxy Furnace, Nano technology, Chemical Methods,
Monitoring Technologies (i.e. Wireless Sensor Networks, Laser
Methods and Spectroscopic Monitoring Techniques) – The States
of Punjab, Haryana and Uttar Pradesh filed affidavits regarding
the steps taken by them to control the pollution – Directions issued:
To place on record the decision taken by High Level Committee –
To prepare comprehensive plan to prevent stubble burning – States
and Central Government to prepare a scheme for making available
implement to small and marginal farmers – Governments of NCT of
Delhi, haryana and Uttar Pradesh to file reports with respect to
various identified hot-spots and steps taken to clear the
environmental hazards created by such hotspots – To complete
installation of smog tower at Cannaught Place and to install smog
tower at Anand Vihar – To use Anti-smog Guns in Delhi and NCR
region – States of NCT of Delhi, Uttar Pradesh, Haryana and
Rajasthan to identify dumped waste of plastic, industrial and other
wastes and ensure its removal on time bound basis – Pollution
Control Board to monitor industries to ensure that they comply with
the norms and standards of PM/NOx/SOx – States concerned to
take penal action against developers for flouting norms regarding
construction/ demolition and to file status report regarding the same
and also regarding compliance of road construction norms – The
concerned States to make comprehensive plan for waste management
– In the areas where problems have been pointed out by EPCA, the
Authorities concerned, of those areas to ensure that remedial
measures are taken – DST to consider proposal for installation of
oxy furnace in glass industries – To work out for ‘Chemical Test
Methods’ and ‘Wireless Sensors network Technology’ – Government
of NCT of Delhi to make comprehensive plan to have full capacity
to deal with garbage and wastes – Pollution control Board to place
before Court the action taken to check vehicles plying on kerosene
– Pollution Control Board also to submit report regarding water
quality supplied in Delhi – Various State Governments directed to
inform the Court about the measures taken in respect of pouring of
sevage and untreated industrial effluents in various rivers –
Governments of NCT of Delhi, Haryana, Punjab and U.P. to show
cause as to why they should not be saddled with compensation for
M. C. MEHTA v. UNION OF INDIA & ORS.
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failure to prevent stubble burning and other pollutions – The States
con
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