JUDGMENT : ITEM `A' OF THE OFFICE REPORT dated 31.1.1996 1. It is stated by Mr. Chakrabarti, Member Secretary Central Pollution Control Board that a surprise check of M/s. Ritu Raj Textiles and General Industries was done in the last week of January 1996 and the report is ready. He may file the report within two days. List this matter on 9.2.1996. ITEM `B' OF THE OFFICE REPORT 2. Mr. P.P. Malhotra, learned senior counsel for Union of India states that the Government has already sent Rs. 25 lacs (its contribution) to the I.D.B.I. as first instalment on January 19, 1996. Learned counsel for I.D.B.I. states that a cheque for Rs. 25 lacs has already been disbursed to the company. We direct the Mathura Audyogik Kshetra 'A' Pradushan Nivaran Co., Mathura to file a time schedule within which the ETP shall be completed by the company. This may be done within 1,0 days from today. Meanwhile, we direct the Central Pollution Control Board to inspect the work on the spot and file a status report in this Court within 10 days. 3. A copy of this order, be sent to the industry and Mr. E.C. Agarwala, advocate. ITEM `C', `D' AND `E' OF THE OFFICE REPORT 4. These matters will be taken up on the next date of hearing. ITEM `F' OF THE OFFICE REPORT 5. This Court on November 17, 1995 passed the following order in respect of M/s. Patratu Thermal Power Station, Hazaribagh. (i) ".Mr. Tapeshwar Prasad, Superintending Engineer, Patratu Thermal Power Station has filed affidavit dated October 30, 1995. He has stated in Paragraph 5 of the affidavit that all efforts are being made to complete the construction of permanent Ash Pond No.1 in the land made available. He has however, stated that when the work is commenced, the displaced persons try to physically resists the continuance of the work. According to him, the District Administration has been informed and the District Magistrate is holding meetings to sort out the matter. We direct the Deputy Commissioner, Hazaribagh to file an affidavit in this Court regarding the progress made in sorting out the matter. He may file affidavit within 6 weeks." (ii) ". The inspection report by the Bihar States Pollution Control Board shows that the Pollution Control devices set up by the Patratu Thermal Power Station are not functioning properly. We direct the Deputy Commissioner, Hazaribagh to file an affidavit in this Court regarding the progress made in sorting out the matter. He may file affidavit within 6 weeks." (ii) ". The inspection report by the Bihar States Pollution Control Board shows that the Pollution Control devices set up by the Patratu Thermal Power Station are not functioning properly. According to the report, suspended Solids in the effluent discharged by the power station is 11, 194.0 mg/L whereas the normal limit is 100 mg/L. We direct the General Manager, Patratu Thermal Power Station to control the pollution within 3 weeks, failing which the industry may be liable to be closed and also subject to pollution fine. Copy of this order be sent to the General Manger, Patratu Thermal Power Station, within 3 days.". 6. Learned counsel for the Bihar Pollution Control Board states that no steps have been taken, by the Management of the Patratu Thermal Power Station to control the pollution created by the industry. Mr. B.B. Singh, learned counsel appearing for the State of Bihar has filed an affidavit of Shri Ravi Mital, the Deputy Commissioner, Hazaribagh (Bihar) wherein it is stated that the necessary land has already been handed over to the industry. It is further stated that the State of Bihar is ready and willing to provide police assistance or any other assistance which is required by the industry for the construction of the necessary pollution control devices. 7. Mr. Pramod Swarup, learned counsel for Patratu Thermal Power Station is not in a position to explain as to why despite various orders of this Court and despite the land having been handed over to the industry, the work has not as yet been started. Ordinarily, we should have closed this industry forthwith. Keeping in view the utility service it is doing, we restrain ourselves from doing so at this stage. We, however, impose Rs. 2 lacs as fine to be paid by the Patratu Thermal Power Station, Hazaribagh through mr. Tapeshwar Prasad, Superintending Engineer, within two weeks from today in the Registry of this Court. We direct the industry to take up the work of the construction of the plant in the right earnest within four weeks from today. The Bihar Pollution Control Board shall inspect the industry after six weeks from today to find out as to whether the work has commenced or not. We direct the industry to take up the work of the construction of the plant in the right earnest within four weeks from today. The Bihar Pollution Control Board shall inspect the industry after six weeks from today to find out as to whether the work has commenced or not. The Board shall file a status report in this Court. FOUNDRIES AT HOWRAH 8. Mr. Bijon Ghosh, learned counsel is appearing for the 16 foundries, regarding which a list has been filed by the Central Pollution Control Board. Mr. Bijon Ghosh states that he is representing the Howrah Foundries Association. The list of the industries filed by Mr. Panjwani is as under: COMPLYING FOUNDRY UNITS 1. Baba Taraknath Iron Foundry V Road, Shanpur, Dasnagar Howrah. 2. Bera Continental Casting V. Road, Shapur Dasnagar Howrah. 3. Biswakarma iron Works Foundery (P) Ltd. 10/12, Ramkrishna Mandir path Howrah-7. 4. Chandimata Iron Industries 13, `V' Road, Monasatala Belgachia, Post Dasnagar Howrah-5. 5. De's Metal industry 150, N.S. Dutta Road, Howrah-1. 6. Khan Brothers Makardah Rd, Shanpur, Dasnagar, Howrah-5. 7. K.M. Iron Foundry Bankra (Mondalpara) Howrah-6. 9. Lokenath Iron Industries Narayan Pally, Majarhat Lane Nimta South, Calcutta-700049 10. Ma Manasha Iron Foundries Shanpur (N), V Road, Dasnagar,-5. 11. Ma-Tara Foundry 35/174, J Road, Belgachia Howrah-5. 12. Ma Durga Foundry 63/2, Benaras Road Howrah 13. S R Casting Industries Baltikuri, Sethpara Howrah 14. Shree Durga Iron Works 6/2, B Road, Bamungachi Salkia, Howrah-6 NON-COMPLYING UNITS 1. N C Ghosal & Iron Foundry 70, P Road, Belgachia Howrah 2. Panchkari Ghosh & Sons Pvt. Ltd. 166, Belilious Road, Howrah-1 9. Mr. Panjwani states that the industries mentioned under the heading "Complying Foundry Units" at S 1. No. 1-14 have installed temporary pollution control devices. The two units mentioned under the heading "Non-Complying Units" have not installed even the temporary devices. 10. On January 19, 1996, we passed the following order in respect of some foundries including the above mentioned 16 industries: "We make it clear that these foundries shall only be re-open when they have set up the pollution control devices and have also paid the pollution fine which shall be imposed at that time." 11. We direct the suspension of the closure order in respect of the above mentioned 14 industries (complying foundry units) on their payment of Rs. 20,000/- each as fine. We direct the suspension of the closure order in respect of the above mentioned 14 industries (complying foundry units) on their payment of Rs. 20,000/- each as fine. The fine shall be paid within two weeks from today in the Registry of this Court. As and when the fine is deposited, the closure order in respect of the industries shall be suspended till further orders. 12. Mr. Panjwani states that these 14 foundries have not yet taken any steps towards the setting up of permanent pollution control devices. We direct these industries to set up the permanent pollution control devices within the time already given to these industries. The West Bengal Pollution Control Board shall inspect these industries after four weeks and report as to whether these industries have started setting up of permanent pollution control devices. 13. Mr. Bijon Ghosh, learned counsel states that the order imposing fine on these 14 industries is discriminatory inasmuch as some other 28 industries have not been imposed fine. We see no force in the contention and the same is rejected. 14. M/s. Pawan Knitting Mills has filed an application seeking to open the seal and to allow the use of the premises for non-manufacturing purposes. A copy of the application is given to Mr. Pradeep Misra, learned counsel for the UP State Pollution Control Board. He may give his comments on the next date of hearing. Learned counsel for the industry is also directed to give the details of the workers and the compensation paid to them when they were retrenched. 15. A report of the Pollution Control Board in respect of M/s. Kelvin Jute Co. is already on record which shows that the industry was found to be compliant industry. In this view of the matter, we suspend the closure order till further orders. 16. Bihar Pollution Control Board has filed a report in respect of the Lohat unit of Bihar State Sugar Corporation by way of an affidavit of Mr. Bidyananad Singh, Law Officer. It is stated that the industry has already set up equalisation tank, anaerobic bio-filter and aeration tank. According to the report, the treatment plant has been fully installed. We suspend the closure order for 10 weeks to enable the Board to inspect the industry and file a status report in this Court. 17. Bidyananad Singh, Law Officer. It is stated that the industry has already set up equalisation tank, anaerobic bio-filter and aeration tank. According to the report, the treatment plant has been fully installed. We suspend the closure order for 10 weeks to enable the Board to inspect the industry and file a status report in this Court. 17. This Court in the order dated 28th July, 1995 noted the request of Mr. Chakraborty, Member Secretary, Central Pollution Control Board to the effect that it is necessary to set up an environment surveillance squad in each of its zonal offices in the country. He undertook to send a proposal to the Ministry of Environment within one week of the order. We are informed that this was done. We further directed the Ministry to examine the proposal and pass directions in that respect expeditiously. We are informed that till date the necessary Surveillance squad has not been sanctioned/provided to the Board. Needless to say that the Central Pollution Control Board has to inspect and keep surveillance on various polluting industries throughout the country. We are of the view that it is necessary that the Board should have Environment Surveillance Squad. Despite our order dated July 28, 1995 and subsequent orders the needful has not been done. We direct Mr. N.R. Krishnan, Secretary, Ministry of Environment and Forests to have this matter examined and finalised within four weeks of the receipt this order. He shall further file affidavit of a responsible officer in this respect in this Court. 18. List the matter on 15.2.96. 19. A copy of this order be sent to Mr. Krishnan within two days from today.