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1996 DIGILAW 2300 (SC)

M. C. Mehta v. Union of India

1996-11-22

KULDIP SINGH, S.SAGHIR AHMAD

body1996
JUDGMENT : 1. The West Bengal Pollution Control Board has placed on record status report by way of an affidavit of Mr. Biswajit Mukherjee. So far as M/s. Bengal Paper Mills, M/s. Birla Jute & Industries Ltd., M/s. Shaw Wallace & Co. Ltd. and M/s. Metal and Steel Factory, Ichapur are concerned, they have met the prescribed minimum standards as indicated in the report. 2. So far as M/s. Birla Carbide and Gases, Village & Post Birlapur is concerned, the report indicates that they have not yet fully installed the pollution control devices. This Court by the order dated April 12, 1996 directed the industry to set up the pollution control devices in every respect within four weeks from that date. Learned counsel for the industry states that since the last inspection by the Board it has been done. The Board may inspect the industry and file a report within 10 days. List this matter on December 2,1996. 3. So far as M/s. Eastern Railway is concerned, the work regarding Howrah Railway Station is progressing in accordance with the schedule. However, the following three units of the Railway have not set up the necessary pollution control system. 1. Liluah Workshop situated at Liluah, Howrah under Eastern Railway. 2. Kanchrapara Workshop situated at Kanchrapara under Eastern Railway. 3. Kharagpur Workshop situated at Karagpur, Midnapore under S.E. Railway. 4. Issue notice to the General Manager, Eastern Railway and South Eastern Railway, returnable on December 2, 1996, indicating why pollution fine be not imposed on them. Notice be served through the West Bengal Pollution Control Board. 5. So far as M/s. ISCO, Burnpur Works, P.O. Burnpur, district Burdwan, West Bengal is concerned, it is stated in the report that the industry has commissioned air pollution control system peremptorily and the results of the gaseous emissions of different stacks have also met the norms, save and except Coke Oven Battery No. 10. We direct that the said Coke Oven Battery shall not be commissioned or put into operation without prior permission of the West Bengal Pollution Control Board. 6. The contempt notices issued to the officers of this company are discharged. 7. Pursuant to this Court's order dated August 6, 1996 it is stated that M/s. Hindustan Fertilizer Corporation Ltd., Durgapur Unit is operating on oil. 6. The contempt notices issued to the officers of this company are discharged. 7. Pursuant to this Court's order dated August 6, 1996 it is stated that M/s. Hindustan Fertilizer Corporation Ltd., Durgapur Unit is operating on oil. Although the particulate matters are under control because of change of fuel from coal to oil, so far as other gases being emitted by the industry are concerned, the West Bengal Pollution Control Board has not done the inspection. The Board may do it within one week and place the report on the record of this Court before December 2, 1996. List the matter on December 2, 1996. Meanwhile, Mr. Dutta states that he would file revised schedule regarding construction/completion of the permanent pollution control devices. 8. The matter regarding thermal power plants in the West Bengal be also listed on December 2, 1996. 9. The matter regarding Nagrik Manch be listed on 26.11.1996. 10. Statute report regarding sugar mills to the extent the UP Pollution Board can manage be placed on record by 6th December, 1996. List the matter regarding sugar mills in the State of UP be listed on December 6,1996.