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2017 (10) TMI 1546 - HC - Indian LawsChallenge against Monitoring Committee - case of appellant is that the industrial wastes generated by it come within the general definition of radioactive wastes under the Atomic Energy Act. Such wastes have been specifically excluded from the purview of the HW Rules - HELD THAT:- The Monitoring Committee was constituted by the Apex Court with the object of ensuring that there was proper implementation of the terms regulating the handling and disposal of hazardous wastes by industrial units. The Monitoring Committee was constituted with the object of ensuring an effective implementation, having found that the statutory regulatory bodies had not been effective in achieving the said object. The consequence, as noticed by Ext.P2 order, has been an escalation in pollution at various parts of the country. It was taking note of the said alarming situation that the Monitoring Committee was directed to submit quarterly reports to the Apex Court itself, with a direction that no authority in the country shall entertain a challenge against any action of the Monitoring Committee. The Monitoring Committee was therefore not a mere fact finding body constituted by the Apex Court for ascertaining the factual scenario with respect to pollution. On the contrary, it was intended to effectuate and implement the control measures with the object of controlling the menace of pollution, effectively. Rehabilitation of the affected populace was also an aspect that was covered by Ext.P2 as well as Ext.R2(n) orders. The contention that the Monitoring Committee had exceeded its authority in directing the Pollution Control Board to implement the project of supplying drinking water to the affected people, cannot be accepted. In view of Ext.R2(n) order of the Supreme Court extracted above, we are also not in a position to entertain the challenge against the action of the Monitoring Committee alleging that it had exceeded its authority. Such a complaint ought to be made before the Apex Court itself. Any specified time limit could be stipulated, restricting such payments. This is for the reason that, going by the reports, the water sources in the area have been contaminated, the wells, ponds and the Periyar River have become polluted. The community has been deprived of all its natural water resources. They have been deprived of their water sources, as a result of the industrial activity in the area. The industries have been functioning for the past many decades. They are continuing to function to this date. The need of the community for potable drinking water is only legitimate. Therefore, it is necessary that they are supplied with potable drinking water, without any disruption. The industries are carrying on their activities. The appellant's unit has also been working throughout. Therefore, there is no justification for the contention that they shall not be directed to continue the payments - there are no infirmity in Ext.P12 or the judgment of the learned Single Judge, warranting an interference therewith. Appeal dismissed.
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