Indian Council For Envirolegal Action v. Union Of India
1996-07-16
A.M.AHMADI, K.S.PARIPOORNAN, SUJATA V.MANOHAR
body1996
DigiLaw.ai
JUDGMENT : 1. Application for impleadment are taken on board and are allowed. 2. Pursuant to our order dated 10.5.96 in which we gave certain directions including the direction in regard to deposit of compensation payable to the farmers, we are told that the compensation has since been deposited with the High Court and hence that part of the order stands complied with. However, in regard to the question of treatment of effluents we find from the affidavits filed on behalf of the respondents 2 and 3, i.e., the State Government and its Officer, that certain exercise was undertaken by the State agencies after the receipt of the copy of the order. Joint inspection was undertaken and the causes for pollution were sought to be identified. These have been encapsuled in Annexure `3' produced along with the affidavit filed by B. Madhusudhana Rao, Environmental Engineer of the A.P. Pollution Control Board, which shows the action taken after the receipt of this Court's order of 10.5.96. At this stage, we do not propose to go into the details thereof because we think that before we give further directions in the matter it would be advisable to hear the view points of the industries, which are allegedly responsible for the pollution caused on account of the discharge of untreated effluents. These industries, 56 in number, have been identified and named in the list Annexure `C' to the affidavit of S. Srinivasa Murthy. Joint Secretary to the Government of Andhra Pradesh in the Environment, Forest, Science and Technology Department at Hyderabad. This Annexure `C' is to be found at pages 521 and 522 of the paper book. We direct that notices be issued to these 56 industries to be served through the Department of Environment, Forest,. Science and Technology, Government of Andhra Pradesh, and the Joint Secretary of the Department, who has filed the affidavit or his successor-in-office, shall ensure service of these notices' to the said 56 industries. We further direct that he shall also identify and indicate if there are any other industries responsible for discharge of effluents causing environmental degradation. 3. In the course of the hearing today, we were informed that certain industries like Voltas and certain other small scale industries were having their own treatment plants before they were, as they say, forced to use the treatment plant set up by the State Government. Mr.
3. In the course of the hearing today, we were informed that certain industries like Voltas and certain other small scale industries were having their own treatment plants before they were, as they say, forced to use the treatment plant set up by the State Government. Mr. Salve, the learned counsel for voltas, drew our attention to the remarks by the District Judge in his Report, which we have referred to in our order of 10.5.96 wherein he pointedly draws attention to the fact that the Environmental Engineer had pointed out that voltas had its own treatment plant and it was not allowed to use its own treatment. It was previously treating the effluents in its own treatment plant and reducing it to nil pollutants. If that be so, the State Government in the Department of Environment, Forest, Science and Technology should examine the question of permitting voltas to use its own treatment plant and set up a machinery to inspect the said treatment and take samples, if necessary, to ascertain if what voltas discharges after the treatment meets with its standards. Dr. A.M. Singhvi, the learned counsel representing some of the small scale industries, has pointed out that these industries too had their own treatment pants and they were able to bring down the effluents to a certain standard which though not entirely free of pollutants had negligible pollutants, but after they were directed to have their effluents treated through the State plant their chemical discharges got mixed with those of other industries having high levels of pollutants. He submitted that if these small scale industries were allowed to use their own treatment plants, they would be able to bring down the percentage of pollutants to a negligible limit and thereby reduce the load on the State plant. These are suggestions which the State Government in the Department of Environment may examine and report to us before the next date of hearing. 4. We also find that along with Annexure `A' to the affidavit of the Joint Secretary to the Government of Andhra Pradesh an action plan to deal with the problem area of Patancheru - Bolaram in Andhra Pradesh, was drawn up some time back. This document names 16 industries and indicates what action is required to be taken by these industries and has also indicated in the remarks column the response of some of the industries.
This document names 16 industries and indicates what action is required to be taken by these industries and has also indicated in the remarks column the response of some of the industries. We would like the Joint Secretary to identify those industries, which have not met with the action points indicated in the third column of that document. 5. As we pointed out earlier we do not at this point of time desire to make any specific order or give specific directions, save and except what we have stated hereinbefore as we would also like to have the response of the industries in this behalf However, before we part we would like to point out that according to the affidavits filed on behalf of respondents 2 and 3 further lands belonging to other farmers have been affected on account of the discharge of effluents. That may be for diverse reasons such as increase in the discharge of pollutants or the capacity of old land to absorb the pollutants having decreased on account of pollutant deposits, etc. The State Government in the Environment Department will identify the causes for the spread of pollutants to other areas which are adversely affecting the farm-land in those areas. They will also try to indicate how best its spread to other areas can be arrested. 6. Lastly, there is the question of payment of compensation to the farmers and this amount too has been indicated in Annexure `D' to the affidavit of the Joint Secretary. The total amount comes to about Rs. 1,39,09,737-50 out of which the amount already deposited will have to be deducted. We direct the State Government to deposit the balance amount before the next date of hearing. We have already indicated earlier in the order of 10.11.95 that it was the duty of the State Government to recover the amount of compensation from the concerned industries and pay the same to the farmers. It was because the State Government failed to do so that the order of 10.5.96 directing the State Government to deposit the amount came to be made. Therefore, it is needless to state again that while the initial responsibility to deposit the amount is on the State Government, the State Government will be free to recover the same from the offending industries in such proportion as they consider appropriate. 7. List the matter after 8 weeks.