M.C. MEHTA ETC. versus UNION OF INDIA AND ORS.

M.C. MEHTA ETC. versus UNION OF INDIA AND ORS.

The Environment Pollution (Prevention and Control) Authority constituted under Section 3 of the Environment Protection Act, 1986 for National Capital Region, upon approval by the Supreme Court, supersedes the earlier ad hoc Authority, and all pending work stands transferred to the newly constituted Authority. Prior directions are modified to this extent.

Parties
Petitioner: M.C. Mehta; Respondent: Union of India; Respondent: Central Pollution Control Board; Respondent: Government of National Capital Territory
Jurisdiction
India
Judgment Date
07 January 1998
Procedural Posture
Writ Petition (c) No. 13029 of 1985 Etc. / Order Passed on Constitution of Authority and Modification of Prior Orders
Outcome
Government of India permitted to supersede ad hoc Authority; all pending work transferred to new Authority; previous directions modified; related writ petition dismissed.
Legal Topics
Environment Pollution Prevention, Authority Constitution Under Environment Protection Act
Environmental Law Constitutional Law Environment Pollution Prevention Authority Constitution Under Environment Protection Act

Case Brief

Summary, issues, holding and outcome

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Parties

M.C. Mehta

Petitioner

Union of India

Respondent

Central Pollution Control Board

Respondent

Government of National Capital Territory

Respondent

Procedural Posture

Writ Petition (c) No. 13029 of 1985 Etc. / Order Passed on Constitution of Authority and Modification of Prior Orders

Legal Issues

  1. 1 Whether the constitution of Environment Pollution (Prevention and Control) Authority for National Capital Region supersedes previous ad-hoc arrangement
  2. 2 Whether pending work with the earlier Authority should be transferred to the newly constituted Authority

Ratio Decidendi

The Environment Pollution (Prevention and Control) Authority constituted under Section 3 of the Environment Protection Act, 1986 for National Capital Region, upon approval by the Supreme Court, supersedes the earlier ad hoc Authority, and all pending work stands transferred to the newly constituted Authority. Prior directions are modified to this extent.

Court Disposition

Government of India permitted to supersede ad hoc Authority; all pending work transferred to new Authority; previous directions modified; related writ petition dismissed.

Orders

  • Government of India permitted to supersede the earlier Notification constituting ad hoc Authority led by Mr. Justice R.K. Shukla with effect from the date of constitution of Authority headed by Shri Bhure Lal.
  • All work pending with Authority headed by Mr. Justice R.K. Shukla automatically transferred to Authority headed by Shri Bhure Lal upon its constitution.