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Supreme Court of India · body

1996 DIGILAW 2418 (SC)

World Saviors v. Union Of India

1996-12-06

A.M.AHMADI, SUJATA V.MANOHAR

body1996
( 1 ) HAVING heard the learned counsel for M/s Doon Valley Distillers as well as the learned counsel for the U. P. Pollution Control Board and having perused our order dated 24/4/1995 at which time the learned counsel for. lie industry had stated that so far as water pollution by the industries is concerned, it has applied the land application discharge method and has achieved the required standard, the State Pollution Control Board was asked to inquire into the matter and file an affidavit staling whether or not the industry has met with the requirements under that method. The industry was also directed to provide the required information to the State Pollution control Board to enable it to examine and clarify the position in this behalf. The State Pollution Control Board has since examined the matter and has informed us that the industry is not meeting with the requirements. The latest Report of 2/12/1996 also says that at the time of inspection, the effluent was being pumped to nearby fields for irrigation from a tank. The effluent on being examined was found to be beyond the prescribed standard and was being sent to farmers and also used in the fields belonging to the industry which is not desirable. The Report of the U. P. Pollution Control board clearly shows that M/s Doon Valley Distillers do not comply with the pollution requirements and the water pollution caused by discharge of effluents to farmers and/or in their own lands is likely to cause harm to the subsoil water since the same is beyond the tolerance level. The Board has also reported that there has been no improvement since 12/7/1996. In the circumstances, we are left with no alternative but to direct the total closure of this industry. The U. P. Pollution Control Board will ensure the closure of the industry, if necessary with police force. ( 2 ) M/s Amrit Varsha Ispat (P) Ltd. , M/s Nagrath Iron and Steel Works and M/s Himalaya Drug Co. are satisfying the requirements and the U. P. Pollution Control Board has also so reported. So far as they are concerned,nothing further requires to be done. As regards M/s Kukreja Foundry and engg. Works, while they are satisfying the requirements they belong to the red category and will have to be dealt with along with industries belonging to that category. are satisfying the requirements and the U. P. Pollution Control Board has also so reported. So far as they are concerned,nothing further requires to be done. As regards M/s Kukreja Foundry and engg. Works, while they are satisfying the requirements they belong to the red category and will have to be dealt with along with industries belonging to that category. So far as M/s Venus Cements Ltd. are concerned, they too meet with the requirements but belong to the red category. As far as M/s windlas Steel Crafts, Dehradun are concerned, they too meet with the requirements but belong to the red category. As far as M/s Road Master Steel strips Ltd. are concerned, they too comply with the requirements but belong to the red category. Same is the case with M/s Shivalik Rasayan Ltd. and m/s Venus Cements Ltd. So far as M/s R. S. Steels are concerned, they originally were shown in the orange category, but are now shown in the red category. They too are satisfying the requirements otherwise. M/s Garhwal steel and Alloys (P) Ltd. are also satisfying the requirements. But the allegation of the U. P. Pollution Control Board is that they are in the fragile area where they were not permitted to set up the industry. They have also been issued with a closure notice. The affidavit of Mr. K. K. Jain, Joint director, states that by the notification of 1/2/1989, it was clarified that the red category industries established before that date or those permitted by the ministry of Environment and Forests after examination of the environmental impacts may be allowed to continue their operations provided they are meeting and continue to meet the prescribed pollution-control standards and are maintaining adequate environmental-control facilities. The learned counsel for the Pollution Control Board states that all the eight industries shown in the red category were set up prior to 1/2/1989 and are found to be meeting the environmental requirements and the prescribed pollution-control standards. That being so, they are entitled to continue under the notification of 1/2/1989. ( 3 ) LIST after the winter holidays. COURT Masters [connected ORDER] (BEFORE A. M. AHMADI, C. J. AND SUJATAV. MANOHARAND G. B. PATTANAIK, JJ.) world SAVIOURS. . Petitioner; versus union OF INDIA AND OTHERS. . Respondents. Writ Petition (C) No. 320 of 1994, decided on 20/01/1997 ORDER 1. ( 3 ) LIST after the winter holidays. COURT Masters [connected ORDER] (BEFORE A. M. AHMADI, C. J. AND SUJATAV. MANOHARAND G. B. PATTANAIK, JJ.) world SAVIOURS. . Petitioner; versus union OF INDIA AND OTHERS. . Respondents. Writ Petition (C) No. 320 of 1994, decided on 20/01/1997 ORDER 1. After the order was passed on 6/12/1996, the only industry left was at serial No. 90 M/s Dugdh Utpadhan Sahkari Sangh, but in relation to that the pollution Control Board itself has not granted the permission for the new boilers and, therefore, the question of this court passing orders in that behalf does not arise. 2. Our attention was next drawn to the recommendations made by the expert Committee in its Report at p. 82. The recommendation which was 250 pressed was the one in relation to the State Electricity Board. The counsel for the petitioner pointed out the fact noted in the paragraph just preceding the recommendations in which it is stated that power supplied to industrial units in the Doon Valley is provided on the basis of No Objection Certificate from the State Pollution Control Board. However, in eight cases, electricity supply had been augmented by the State Electricity Board without the project authorities having obtained the NOC from the Pollution Control board, thereby permitting expansion of the production capacities and consequently pollution potential of these units. The recommendation is that the State Electricity Board should also be asked to ensure that permission for electricity connection/augmentation is not given to the industries without noc from the State Pollution Control Board. We think that this recommendation is essential to ensure that the pollution potential of the units does not increase by expansion without NOC from the Pollution Control board. The learned counsel for the central government states that they would abide by this direction. We direct that this direction should be scrupulously followed. 3. On the last occasion, we directed the closure of the distillery, M/s doon Valley Distillers as it had failed to meet the minimum requirements and was found to be polluting by the discharge of effluents. We are now told that certain industries which were similarly ordered to be closed down were permitted to do the bottling work which did not discharge any effluents. We are now told that certain industries which were similarly ordered to be closed down were permitted to do the bottling work which did not discharge any effluents. We see no reason to make any specific order except to say that if the industry desires to carry on any activity which does not involve pollution and approaches the State Pollution Control Board, the Board will examine the proposal on its own merits. Secondly, if the industry is able to show to the board that it has now made arrangements to ensure that there is no pollution and the Board is satisfied about the same, the Board will take a decision on merits on the request made by the industry. Unless the Board is fully satisfied that the industry will not be polluting by discharge of effluents, the board will not give the permission. 4. Nothing further survives in this petition. The petition is, therefore, finally closed and disposed of with no order as to costs.