News Item "Hindustan Times" A. Q. F. M. Yamuna v. Central Pollution Control Board
1996-08-07
KULDIP SINGH, S.SAGHIR AHMAD
body1996
DigiLaw.ai
JUDGMENT : 1. The Haryana Pollution Control Board has placed its report on record. According to the report these two units are highly polluting so much so that M/s. Haryana Organics is emitting BOD to the extent of 15925 as against the permissible of 30. Similarly, M/ s. East India Cotton Mfg. Co. is emitting BOD between 120-270. The Haryana Pollution Control Board states that no action can be taken against these two industries because the civil courts have granted stay in their favour. Issue notice to these industries to show cause why they be not closed and why the stay granted in their favour by the courts below be not vacated. 2. Mr. K.K. Lahiri, learned counsel accepts notice on behalf of M/s. Haryana Organics. Issue notice to M/s. East India Cotton Mfg. Co., Faridabad. Dasti notice may also be issued. 3. We stay the proceedings in respect of M/s. Haryana Organics pending before Sh. R.C. Brodara, Addl. Civil Judge (Senior Division) Panipat in Suit No. 161 of 1996 and in respect of M/s. East India Cotton Mfg. Co., Faridabad pending before Sh. G.K. Goyal, Sub-Judge, 1st Class, Faridabad in Suit No. 384 of 1995. All interim orders granted by these courts shall be stayed ad interim. Any order passed by the Haryana Pollution Control Board shall also be stayed till further orders. 4. Meanwhile, we direct the Central Pollution Control Board to inspect these two, industries and file its report within three weeks. List on 26.8.96. 1. M/s. Riba Processors Teh. Gohana, Sonepat. 2. M/s. Galaxy Leather, Sonepat 3. M/s. Satnam Overseas, Sonepat 4. M/s. M.M. Processors, Panipat 5. The above mentioned four industries are lying closed. We suspend the closure orders in respect of these industries till further orders to enable the Haryana Pollution Control Board to inspect the pollution control devices set up by these industries in operation and submit a fresh report in this respect. 1. M/s. Rollatainers Paper, Sonepat 2. M/s. Jhalani Tools Ind. Ltd., Kundli Sonepat 3. M/s. Crystal Chem (India) Sonepat 4. M/s. Jai Shree Inds., Sonepat 6. These four industries have been inspected by the Haryana Pollution Control Board and the report indicates that these are marginally pollutant industries. We direct the Central Pollution Control Board to have a second inspection done of these industries within three weeks from today.
Ltd., Kundli Sonepat 3. M/s. Crystal Chem (India) Sonepat 4. M/s. Jai Shree Inds., Sonepat 6. These four industries have been inspected by the Haryana Pollution Control Board and the report indicates that these are marginally pollutant industries. We direct the Central Pollution Control Board to have a second inspection done of these industries within three weeks from today. We give these industries benefit of doubt and restrain ourselves from imposing any fine as at present. Closure orders in respect of these industries are suspended till further orders. 1. M/s. Frost Falcon Distilleries, Jahari, Sonepat 2. M/s. Haryana Colour, Sonepat. 7. These industries are highly polluting as per the report of the Haryana Pollution Control Board. We impose pollution fine of Rs. 50,000/- each on these two industries to be paid within four weeks from today. We direct the Central Pollution Control Board to have an inspection of these industries done and file an inspection of these industries done and file a report within three weeks from today. Closure orders in respect of these industries are suspended till further orders. 8. List after four weeks. 9. Mr. Swaraj Kaushal, learned senior counsel for Haryana Pollution Control Board has also given a status report in respect of highly polluting industries. We appreciate the work done by Haryana Pollution Control Board. It is stated that the Pollution Board is already taking action against these industries in accordance with law. We leave the matter as it is to enable the Haryana Pollution Control Board to deal the same in accordance with law.