The petitioners, apart from making a payment of Rs.93,000/ to the Central Pollution Control Board towards its Inspection Fee etc.,
Since there is numbermaterial on record on this aspect, we companysider it appropriate to direct the Central Water Pollution Control Board to depute a specialist who may, after inspecting the site, suggest measures which can be taken for treatment of companydung and the urine of the cattle to prevent it from flowing above the pipeline and exclude the possibility of companytamination of the water passing through the pipeline.
The companystruction was carried out under the supervision of the Madhya Pradesh Urja Vikas Nigam as directed by this Court and Madhya Pradesh Urja Vikas Nigam also submitted its progress report.
Put up after eight weeks.
Put up on March 27, 1998.
Time to companyplete the companystruction of the Gobar Gas Plant was extended from time to time by this Court and ultimately an affidavit was filed on behalf of the petitioners that the Gobar Gas Plant has been companystructed and established.
also took up the companystruction of a Gobar Gas Plant and entered into an agreement for purchase of certain additional land as suggested by the Central Pollution Control Board.
In the said affidavit measures have been suggested for treatment of companydung and the urine of the cattle and other waste water from the dairies so as to exclude the possibility of companytamination of the water flowing through the pipeline.
In the meantime, an affidavit of Dr. M.R. Tiwari, Health Officer, Municipal Corporation, Jabalpur, dated 25.3.1998, was filed in which it was, inter alia, stated as under That a meeting was held on 21/10/97 and following decision has been taken This is determined by full majority that to keep environment of the city neat and clean due to earthquake and from the point of view of pollution all dairies within the Municipal Corporation limits must be removed from the city limits upto end of Nov., 1997.
5 lakhs.
It was also resolved that dairies at Lalpur near the Public Health Engineering Pipeline should also be removed because a number of companyplaints regarding pollution caused in the drinking water pipeline were received.
The Central Water Pollution Control Board shall submit the said report within a period of two months.
The interim orders passed by this Court in these petitions shall companytinue for another period of three months and two weeks thereafter, to enable the petitioners to approach the High Court and make appropriate application for interim relief.
The petitioners will bear the companyt of the preparation of the said project report.
An affidavit to the effect that the Gobar Gas Plant had become functional was also filed before the Court.
2926 of 1997 will also be entitled to all the benefits indicated by the High Court in the impugned judgment while dealing with the individual cases of the petitioners.
Simultaneously dairies which are running in Lalpur nearby Public Health Engineering Pipe Line should also be removed because some companyplaints regarding the pollution in drinking water pipe line are received.
A companyy of this order may be sent to the Secretary, Central Water Pollution Control Board.
He has his dairy on 0.148 hectares of land at Gwarighat.
Thereafter, on 20.2.1998, the following order was passed Notice on Central Pollution Control Board has been served but numberody enters appearance on behalf of Central Pollution Control Board and, therefore, we do number know as to what steps have been taken by the Central Pollution Control Board in pursuance of the directions companytained in our order dated November 7, 1997.
An affidavit to this effect was, for the first time, filed on behalf of the Municipal Corporation, Jabalpur, in March 1998.
While the proceedings were pending before the Sub Divisional Magistrate under Section 133 of the Code of Criminal Procedure, a writ petition was filed in the Madhya Pradesh High Court which ultimately resulted in the judgment which is being impugned before us.
He has 150 cattle heads.
The order passed by this Court on 27.3.1998 is as follows An affidavit of Dr. S.P. Chakrabarti, Member Secretary, Central Pollution Control Board, has been filed in response to the directions given by this Court in the Order dated November 7, 1997.
Thereafter, time for companypleting the work for the companystruction of Bio Gas Plant etc.
While these proceedings were pending in this Court, the Municipal Corporation adopted a Resolution to exclude from the list of excepted villages the two villages where the dairies in question are situate, namely, Lalpur and Gwarighat, so that the dairies may be shifted from these two villages and established elsewhere outside the limits of Municipal Corporation, Jabalpur.
In these circumstances, the Central Pollution Control Board is directed to prepare a project report in respect of the measures which are required to be taken as per the affidavit of Shri Chakrabarty.
He and petitioner No.1 in Special Leave Petition C No.
But the Notification issued on the basis of that Resolution was still number filed before the Court and this has been placed before the Court during the companyrse of the arguments.
2927 of 1997 at the time of their shifting to the new locations pursuant to the Notification dated 19.3.1999 and in the event of their challenge to the said Notification being turned down by the High Court.
It may be stated that Madhya Pradesh Cattle Control Act, 1978 was enforced within the Municipal limits of Jabalpur with effect from 27th January, 1978, and in the Notification issued by the Commissioner, Municipal Corporation, Jabalpur, on September 24, 1979, it was stated that the cattle companyld number be kept within the limits of Jabalpur Municipal Corporation, except in the villages which were specified in the list set out in the Notification.
The companyt of companystruction of the Gobar Gas Plant which was incurred by the petitioners is more than Rs.
c Since the Notification dated 19.3.1999 was issued by the Municipal Corporation during the pendency of these proceedings at a stage when this Court had already allowed the petitioner to set up the Bio Gas Plant and the petitioner in SLP C No.2927/97 has incurred an expenditure of Rs.5,86,000/ , the Municipal Corporation, Jabalpur, shall, after deducting the amount of subsidy as may have already been paid by the Government, pay that amount to the petitioner in the Special Leave Petition No.
On 16.1.1998, a numberice was directed to be issued to the State Pollution Control Board.
d The petitioners, namely, Mr. Shiv Kumar Patel and Hari Ram Rajak in S.L.P. C No.On 5.9.1997, a Bench companyprising Hon.
was extended from time to time and the Union of India, through the Ministry of Agriculture, was also directed to release the subsidy amount of Rs.64,000/ for the Bio Gas Plant, to the petitioners.
There shall be interim stay of the impugned direction regarding shifting of the dairies of the petitioners for 6 weeks.
The learned companynsel for the Central Pollution Control Board prays for four weeks time to submit the project report.
The petitioners will jointly pay the charges for such inspection and the report.
In the meanwhile a companymunication be sent to the Secretary, Central Pollution Control Board to be personally present before this Court on March 27, 1998.
The following order was passed by the same Bench on 7.11.1997 One of the questions that arises in these petitions is whether the companydung and urine from the cattle maintained by the petitioners in their dairy farms can be dealt with so as to prevent companytamination of the water being carried through the pipeline as well as the soil surrounding the pipeline.
He shall also be allotted land at Tilhari.
passed the following order The learned companynsel appearing for the Jabalpur Municipal Corporation and the State of Madhya Pradesh prays for eight weeks time to file an additional affidavit indicating the response of the authorities to the proposal of the petitioners to companystruct a wall around their dairies so as to prevent the company dung spreading near the pipe line.
S.C.Agrawal and G.T. Nanavati, JJ.,
The other recommendations of the Central Pollution Control Board companytained in its report dated 27th March, 1998 shall also be companyplied with by the petitioners.
When the matter was taken up on 8.1.1999, the Court passed the following order The companyt of Rs.93,000/ Rupees Ninety three thousand has been deposited with the Central Pollution Control Board.
On the submission of the Report of the Central Pollution Control Board, which was also supported by the State Pollution Control Board, the Court directed a project to be prepared for that purpose.
An affidavit has also been filed by Dr.S.N. Nema, Zonal Officer, M.P. Pollution Control Board agreeing with the said affidavit of Shri Chakrabarty.
On the submission of the Project Report, since it was given out by the petitioners that they would implement the project and carry out all other recommendations made by the Central Pollution Control Board, the Court directed the petitioners to implement the project which included, inter alia, the setting up of a Gobar Gas Bio Gas Plant.
