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IN THE SUPREME COURT OF INDIA

CIVIL APPELATE JURISDICTION

CIVIL APPEAL NO. 1136  OF 2010 (@ SPECIAL LEAVE PETITION(C)NO.3665 OF 2010 @ CC NO.292)  

STATE OF GUJARAT & ANR. ... APPELLANTS(S)

VERSUS

ALOK PRATAP SINGH & ORS. ... RESPONDENT(S)

WITH CIVIL APPEAL NO. 1137 OF 2010 @ SLP(C)NO.21936/2008

O R D E R

Permission to file SLP granted.

Leave granted. The State of Gujarat has challenged the order(s) passed by  

the High Court of Madhya Pradesh in these appeals.  About 315 M.T.s  

of waste lying at Union Carbide India Ltd. factory at Bhopal was  

sought to be incinerated at BEIL, Ankleshwar in Gujarat.  The Madhya  

Pradesh State Pollution Control Board sought a direction from the  

High Court of M.P. to incinerate the waste at Ankleshwar in Gujarat.  

This was objected to by the State of Gujarat.

Notices were issued to the respondents. After series of  

deliberations with the counsel on either sides/parties and in view  

of the dispute between the two States on 19.01.2009, this Court  

requested the Union of India (Ministry of Chemicals & Fertilizers)  

to constitute/have a High Level meeting/committee to discuss with  

the representatives of the States of Gujarat and Madhya Pradesh and  

to find out some reasonable solution for the disputes.  It  was  

also  indicated that the Committee so constituted may also take the  

advise  of  the  Central  Pollution  Control  Board  and  the  State

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Pollution Control Boards in arriving at an appropriate decision.  

The task force which was constituted pursuant to the directions of  

this  Court  had  held  a  meeting  on  05.01.2010  and  took  certain  

decisions and a copy of the Minutes of the Meeting so held by the  

task force has been produced before this Court and it is also to be  

noticed  therein  that  the  Principal  Secretary,  Housing  and  

Environment Department, Govt. of M.P., briefed the task force on the  

status of operationalization of incinerator at TSDF, Pithampur and  

the facility was to be ready by November, 2009 but it has been  

delayed and under Section 5 of the Environment Protection Act, 1986  

given  directions  to  the  operator  of  the  incinerator  at  TSDF  

Pithampur for installation of Multi Effect Evaporator which involves  

both cost and further delay;  the Chairman of the Task Force had  

requested the Senior Scientist of CPCB for his comments and it was  

agreed that a conditional clearance would be given by CPCB for the  

trial run and stabilization of incinerator at TSDF, Pithampur and  

the whole process would be completed within a time bound schedule.   

Learned counsel appearing for the State of Madhya Pradesh  

submitted  that  necessary  approval  regarding  the  same  would  be  

processed and granted by the appropriate authorities, including the  

Director of Health and Safety, Indore, the Forest Department of the  

State  Government  and  a  joint  inspection  by  CPCB  and  the  State  

Pollution Control Board would be conducted. After the completion of  

the above task, the trial run permission will be given after the  

stabilization work is over and the trial run will be conducted with  

other  industrial waste.   We  record the  same and  we request  the

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appropriate authorities to comply with the above directions and the  

appeals are accordingly allowed.  No costs.

CPCB  has also  given the  modified directions,  which are  

also to be complied with by the appropriate authorities.

..................CJI (K.G. BALAKRISHNAN)

...................J. (J.M.PANCHAL)

...................J. (Dr. B.S. CHAUHAN)

NEW DELHI; 28TH JANUARY, 2010