Judgement of the Day - M.C. MEHTA V. UNION OF INDIA & ORS.

Writ Petition(s)(Civil) No(s). 13029/1985


Facts

The Railway authorities filed an affidavit in the court in response to the report submitted by the Environmental Pollution Authority which stated that the railway is not in compliance with the Municipal Solid Waste Management Rules 2016. The Railways in that affidavit mentioned that there is a prominent presence of shanties in Delhi along with 140km route length of track in the region of NCT of Delhi. Railways stated that there are 48000 shanties in the region adjacent to railway tracks. In October 2018, National green Tribunal had already directed a special task force to remove the encroachments from Railway Property but Political Intervention came in the way of removal of encroachments.


Judgement

An order was passed and directions were given in MC Mehta case. The court directed that the plan of removing Garbage and plastic bag shall be executed after the meeting of stakeholders within the 3 months. It was said that 70% of the requisite amount shall be paid by the Railways and 30% by the government. The railways and other agencies were asked to ensure that their contractors must not put any garbage on the sides of railway track. It was held that the decision is final and no other court will issue any stay order regarding the aforesaid matter.

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