1986 INSC 0453
                                                     M. C. Mehta

                                                           Vs

                                                    Union of India

                                    Writ Petition (Civil) No. 12179 of 1985

                                        (CJI P. N. Bhagwati, G. L. Oza JJ)

                                                      17.12.1986

                                                        ORDER

1. So far as the project of setting up godown or storage of hazardous and non-hazardous chemicals
in the Antop Hill areas is concerned, the affidavit of Mr. S. K. Jagirdar, Under Secretary,
Government of Maharashtra, Environment Department states that the Government of Maharashtra
has appointed a Committee under the Chairmanship of the Chairman and the Managing Director of
the Indian Rare Earth Limited, Bombay to make a thorough study of the proposal of the Antop Hill
Corporation which proposes to construct the godown on the Antop Hill for storage of chemicals.
The Committee has been requested by the government to give comprehensive recommendations
after taking into account the various aspects. The outer time stipulated for the Committee to submit
a report is December 21, 1986. Since this matter is affecting the health and the safety of the people
living in the surrounding areas and the question in regard to the advisability of locating the godown
on the Antop Hills has been raised by the petitioner in the present writ petition. We are of the view
that an opportunity should be given to the petitioner to make his representation before the
Committee and to be heard by that Committee on this important question. We would therefore,
direct the Committee to give an opportunity to the petitioner to be heard before making the report.
The petitioner will be entitled to be heard personally and also he may produce any experts for
discussion with the Committee. Since this process may take some time we would ask the
government to extend the time for the Committee to make its report up to February 28, 1987. The
Committee will submit a report after taking into account the representations and submissions made
by or on behalf of the petitioner. So far as the Garg Committee report submitted on March 10, 1985
is concerned the learned counsel for the Government of Maharashtra has stated before us that the
State Government has accepted the report and is implementing the recommendations made in the
report. According to the counsel some of the recommendations have already been implemented
while others are being implemented. The state of Maharashtra will therefore file an affidavit by
January 31, 1987 starting as to which recommendations contained in Garg Committee report have
been implemented and in what manner, and if any recommendations remain to be implemented on
that date then the time within which the State Government proposes to carry out its
recommendations.

2. The learned counsel for the State of Gujarat has also produced a high power committee report
which was asked for at the time of the last hearing and copies of this report have been handed ever
to the petitioner. The State Government will inform the court at the next hearing of the writ petition
as to whether the State Government is accepting the report and is prepared to carry out the
recommendations contained in the report.

3. The Committee for Implementing Legal Aid Schemes will initially provide a sum of Rs. 10,000
to enable him to make his recommendations and submissions before the Committee. The questions
as to who should ultimately bear this costs will be decided at the time when the writ petition is
finally heard. Copy of the order be sent to the Secretary of the committee for implementing Legal
Aid Schemes. The writ petition is adjourned to January 19, 1987.

Court Master.

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