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1996 DIGILAW 591 (SC)

M. C. Mehta v. Union of India

1996-03-01

FAIZAN UDDIN, KULDIP SINGH

body1996
JUDGMENT : 1. Pursuant to this Court's order dated January 19, 1996 the Central Pollution Control Board has filed affidavit giving status report of various Industries, subject matter of this Court's order. The following four Units have not set up even temporary pollution control devices: (1) Anand Iron Foundry 27, M.S. Pal Chowdhury 1st By Lane, Howrah- 1. (2) Ferro Casting Concern 5 Q' Road Mansatala, Dasnagar, Howrah-5. (3) Mahalaxmi Foundry Works 36/7, W. Road, Dasnagar, Howrah-5. (4) Sree Laxmi Metal Industries 27C, Kumar Para Road, Liluah, Howrah-6. 2. We direct the closure, of tieso Units forthwith. We further direct that these Industries shall pay a pollution fine of Rs. 50,000/- each within four weeks from the receipt of this order. We direct the West Bengal Pollution Control Board to serve the copies of this order on the four Industries. 3. The affidavit further indicates that the following two Industries have also not set up even the temporary pollution control measures: (1) N.C. Ghosal & Iron Foundry 70, F. Road, Belgachia, Howrah. (2) Panchkari Ghosh & Sons Pvt. Ltd. 166, Belilious Road, Howrah-1. 4. We direct that the above-mentioned Industries be closed with immediate effect. We further direct these Industries to pay Pollution fine of Rs. 50,000/- each within four weeks of the receipt of this order. The West Bengal Pollution Control Board to communicate the order to the above Industries. 5. The following six Industries are reported to have set up the temporary pollution control devices: (1) B.S. engineering Co. Makardaha Road, Dasnagar, Howrah. (2) Bharat Fuel and Casting Corporation, 8 Q' Road, Mansatala, Belgachia, Howrah-5. (3) Himol Casting, 15 V, Road, Dasnagar, Howrah-5. (4) India Casting Corporation, 42/1, Rabindra Sarani, Liluah, Howrah. (5) J.D. Casting and Forging (P) Ltd. Banaras Road, Kona, Howrah. (6) T.P. Sahu and Sons (P) Ltd. 44, A. Road, Bamungachi, Salkia, Howrah-6. 6. These Industries were closed earlier by this Court's. order. Since these Industries have set up temporary pollution control devices, we suspend the closure order till further orders. We, however, impose Rs. 20,000/- as pollution fine on all these six Industries to be paid within four weeks. 7. The Industries, subject matter of this Courts order dated January 19, 1996 which have not been inspected by the Central Pollution Control Board may be inspected within two weeks. 8. Mr. We, however, impose Rs. 20,000/- as pollution fine on all these six Industries to be paid within four weeks. 7. The Industries, subject matter of this Courts order dated January 19, 1996 which have not been inspected by the Central Pollution Control Board may be inspected within two weeks. 8. Mr. Ghosh, appearing for R.S.I. Limited states that the Industry has already started construction of permanant effluent pollution control device. M/s. Matara Foundary: 9. Delay in depositing pollution fine is condoned. A draft for Rs. 20,000/- was given by Mr. Ganguli in Court. Bengal Paper Mills (1989) company Ltd., District Burdwan, West Bengal: 10. Mr./ Kapil Sibal states that he is depositing a fine of Rs. 1 lacs with the Registry today. We (sic) further states that the Industry has been closed by the order of this Court and the matter is coming up on March 15, 1996. We pre-pone the hearing to March 11, 1996. Mr. Sibal states that in the Industry the manufacturing process shall not operate, but the Industry may be permitted to sell the finished goods. We order accordingly. The Industry may sell its finished goods till further orders. Mr. Dilip Sinha will inform the changed date of hearing to the contemnor himself. D. No. 464/96/Writ: 11. Issue notice, returnable on April 12, 1996 to Ministry of Environment and Forest.