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Supreme Court of India · body

1996 DIGILAW 604 (SC)

Anil Kumar Karnwal v. State of U. P.

1996-03-11

KULDIP SINGH, S.SAGHIR AHMAD

body1996
JUDGMENT : 1. The Uttar Pradesh Pollution Control Board has filed its report. We have examined the Report. We issue notices to the following slaughter houses, Frozen Meat Processing industries. Bone Mills and Allied industries, Bone Cleaning and Fat processing industries, Animal Glue Manufacturing industries and Raw Hide Trading/Storage Centre, as to why they be not relocated/closed and why pollution fine be not imposed for creating pollution and damaging the environment. 2. Notice be made returnable on April 8, 1996, notice be served through the U.P. Pollution Control Board. 3. The Pollution Control Board has also inspected the vicinity of Hindon Air Force base and has given its inspection report. The hazardous industries operating near the Air Force Station have been given in annexure III. 4. We issue notices to these industries as to why they be not relocated/closed. Notice be made returnable within four weeks. 5. Issue notice to the NCT, Delhi Administration, in this I.A. so far as the Ghazipur Dumping ground is concerned. (2) Slaughter House, Hapur: 6. The Slaughter House is being operated by the City Board, Hapur and is located at Mohalla Naeem Hasimpura, Sikandara Gate, Circular Road, inside the human settlement and within the Municipal Limits. During inspection on 12.12.1995, it has been informed that approx 250 Bovines per day are being slaughtered from 8 p.m. to 5 a.m. 7. It is further submitted that slaughtering of animals are being done in the open space manually. All the solid and semi-solid waste which comes out from the Slaughtering process is being disposed of to the adjacent open plot. Due to unhygenic and polluted nature of these waste, there is lot of nuisance and foul smell. No proper storage, treatment and disposal is being carried out and hence lot of unpleasant foul smell was noticed during inspection. During Inspection, solid/semi-solid waste, vaulters, crows, dogs etc. were also observed. The sample of waste water were collected and got analysed. From the analysis it reveals that effluents are far beyond the standards laid down by the U.P. Pollution Control Board. (3) Slaughter House At Ghaziabad Town: 8. This Slaughter house is being looked after by the Nagar Nigam, Ghaziabad, and is located at Islam Nagar, Kaila Bhatta, which is densely populated area and is in the Municipal Limits. From the analysis it reveals that effluents are far beyond the standards laid down by the U.P. Pollution Control Board. (3) Slaughter House At Ghaziabad Town: 8. This Slaughter house is being looked after by the Nagar Nigam, Ghaziabad, and is located at Islam Nagar, Kaila Bhatta, which is densely populated area and is in the Municipal Limits. It has been informed during inspection that 40-70 small animals, (goats and sheeps) are being slaughtered in Morning from 6 a.m. to 9. a.m. No Effluent Treatment Plant is in existence. The entire untreated waste water alofgwith blood is being drained out to river Hindon through drains. Due to solid/semi-solid waste, lot of unpleasant foul smell was noticed. (4) Slaughter House At Dasna: 9. This slaughter house is being looked after by Town Area Committee, Dasna and is located in densely populated area. During Inspection it has been informed that approx 15-20 Bovines per day are being slaughtered in the open space. No provisions has been made for the collection of blood and there is no facility for the treatment of waste water. The entire untreated waste water and blood drains to a natural pond. Solids/Semi solids waste are being disposed of in the open land just adjacent to the slaughter house. During inspection lot of foul smell was also observed. (5) Slaughter House At Mussoorie: 10. This slaughter house is being looked after by Zila Parishad, Ghaziabad and located on N.T.P.C. Road, Village Khachara, Mussoorie. The population of this village is approx 10,000. During inspection it has been informed that approx 30-50 bovines per day are being slaughtered in open space. The semi solids/solid waste are being disposed off in the open space which creates foul smell and nuisance. The entire untreated waste water drains out on land from where percolation takes place. No effluent treatment is in existence for the waste water. (6) Slaughter House At Murad Nagar: 11. This slaughter house is located adjacent to Mohalla Kureeshian of Muradnagar Rawali Road which is approx 1 Km from Ghaziabad-Meerut Road. This village has a population of approx 5,000. During inspection it has been informed that approx 25 bovines per day are being slaughter in the open space. The entire untreated effluent is being drained out in the natural pond. Solid/Semi solid are also being disposed off on the open space. No effluent treatment plant is in existence. This village has a population of approx 5,000. During inspection it has been informed that approx 25 bovines per day are being slaughter in the open space. The entire untreated effluent is being drained out in the natural pond. Solid/Semi solid are also being disposed off on the open space. No effluent treatment plant is in existence. Due to disposed of semi-solids/solid waste in the open space lot of vultures, crows and dogs were observed. (7) Slaughter House At Pilkhuha: 12. This slaughter house is located near Pilkhuwa Railway station which is situate within human settlement. It is being looked after by City Board, Pilakhuwa. It has been reported by the City Board that Slaughter house is lying closed for long time. (8) Slaughter House At Faridnagar: 13. This slaughter house is situated at the outskirts of the Faridnagar town which has population of approx 15,000. It was informed that approx 2-5 bovines are being slaughtered per day, in open space. The entire untreated/polluted waste water is drained out in land from where it is percolating. No affluent treatment plant is in existence for treating waste water. 14. The slaughter houses mentioned at Sr.Nos. 2 to 8 do not have any pollution control measures for which necessary instructions have been issued by the Board. B. Frozen Meat Processing Industries: 15. There are 8 Frozen Meat processing Units situate in District Ghaziabad. The Status of these Meat processing Industries is as under: (1) M/s Hind Industries Ltd., B-42, Site Iv, Sahibabad 16. This Unit is engaged in production of Frozen Meat by processing nearly 160 M.T. per day of the raw meat and its production capacity is 80 M.T. per day. The Industry has installed the Effluent Treatment Plant and has been found in operation at the time of inspection, but analysis of the trade effluent collected at the time of the inspection shows that the treated effluent do no conform to the standards laid down by the U.P. Pollution Control Board. (2) M/s Friggo Riffico Allana Ltd. A-15, Site N, Sahibabad 17. This unit processes approx 150 M.T. per day of Raw meat to produce 75 M.T. per day-of the frozen meat. The Unit has installed Effluent Treatment Plant which has been found in operation at the time of the Inspection. (2) M/s Friggo Riffico Allana Ltd. A-15, Site N, Sahibabad 17. This unit processes approx 150 M.T. per day of Raw meat to produce 75 M.T. per day-of the frozen meat. The Unit has installed Effluent Treatment Plant which has been found in operation at the time of the Inspection. The analysis of the collected trade effluent shows that the treated effluent do not conform to the standards laid down by the Board. (3) M/s Anna Associates Pvt. Ltd., Plot 108, Site - N, Sahibabad. 18. This Unit is engaged in production of Frozen Meat by processing approx 20 M.T. per day of raw meat. The Unit has installed effluent treatment plant which was found operational at the time of inspection, but needs further modifications. The analysis of the sample of the Trade effluent collected shows that the parameters are beyond the standards laid down by the Board. (4) M/s Avus Engg. Pvt. Ltd., 20/1, Site Iv, Sahibabad 19. During inspection it was found that the Unit is presently out of production as it is going in for modernisation of its processing Plant. (5) M/s Arihant Exports Pvt Ltd., B-67, Site-N, Sahibabad 20. This Unit processes approx 20 M.T. per day of raw meat to produce 10 M.T. per day of the frozen meant. The unit has installed an Effluent Treatment Plant, but it was not in operation at the time of inspection. Its maintenance was very poor. The sample of the process effluent which was being discharged without any treatment do not conform to the standards laid down by the Board. 6. M/s. M.K.R. Frozen Foods Pvt. Ltd., B-36, Site Iv, Sahibabad 21. This Unit is engaged in production of frozen meat by processing approx 20 M.T. per day of the Raw meat and its production capacity is 10 M.T. per day of the frozen meat. The Unit has installed Effluent treatment plant which was operational at the time of inspection. The analysis report of the sample collected shows that effluent do not conform to the standards laid down by the Board. 7. M/s M.K. Overseas Pvt. Ltd., B- 63, Site Iv, Sahibabad: 22. This unit processes approx 30 M.T. per day of the raw meat to produce 10 M.T. per day of the frozen meant. The analysis report of the sample collected shows that effluent do not conform to the standards laid down by the Board. 7. M/s M.K. Overseas Pvt. Ltd., B- 63, Site Iv, Sahibabad: 22. This unit processes approx 30 M.T. per day of the raw meat to produce 10 M.T. per day of the frozen meant. The Unit has its Effluent treatment plant which was operational at the time of inspection, but the analysis of sample of the trade effluent collected shows that the effluent do not conform to the standards laid down by the Board. 8. M/s Al-Nafees Frozen Food Export Pvt. Ltd. Dasana, Ghaziabad: 23. This Unit processes approx 20 M.T. per day of raw meat to produce 12 M.T. per day of the frozen meant. At the time of inspection the Industry was found not in production. The Industry has installed the Effluent Treatment Plant. 24. The Industries mentioned at At Sr. Nos. 1,2,4,5,6,7 are also covered in W.P.(C) No. 3727 of 1985 titled M.C. Mehta v. Union of India & Others before this Hon'ble Court. C. Bone Mills & Allied Industries: 25. (A) : BONE MILLS: There are following 13 Bone Mills located at Rampur Road, Hapur which is 100 Mtrs. away from the densely populated area of Hapur and is within Municipal limits. (1) M/s Hapur Bone Fertilizer Udyog, Hapur (2) M/s National Bone Fertilizer, Hapur, (3) M/s Zaba Enterprises, Hapur, (4) M/s Standard Bone & Manure, Hapur, (5) M/s B.M.G. Bone Manure, Hapur, (6) M/s Bharat Food & Fertilizer Unit-l, Hapur, (7) M/s Bharat Food & Fertilizer Unit-2, Hapur, (8) M/s Hindustan Bone Mills, Hapur, (9) M/s Y.Z. Feed & Fertilizer, Hapur, (10) M/s Gold Feed Bone Manure, Unit I, Hapur, (11) M/s Gold Feed Bone Manure, Unit 2, Hapur, (12) M/s Bharat Enterprises, Hapur, and (13) M/s Hindustan Glue & Gelatine Works, Hapur, The de-fleshed and waste bones from Bone godown/Industries are being used as raw materials by these Bone Mills. After drying which takes place in open space, the raw material is being burnt in brick kiln. These Industries have not installed any Air Pollution Control devices and all the emissions are being emitted out without any treatment as they do not have even any stack. All the polluted gas disperse at a low height and causes lot of Air pollution for the surrounding areas. These Industries have not installed any Air Pollution Control devices and all the emissions are being emitted out without any treatment as they do not have even any stack. All the polluted gas disperse at a low height and causes lot of Air pollution for the surrounding areas. The unpleasant foul smell also creates a nuisance for the public. (B) Bone Cleaning & Fat Processing Industries: 26. There are 7 Bone cleaning fat processing Industries located at Rampur Road, Hapur, which is approx 300 Mtrs. away from the human settlement of Hapur (1) M/s Golden Bone Manure, Hapur, (2) M/s Mohd. Badruddin, Hapur, (3) Sri Badan, Hapur, (4) M/s Sri Mashita alias Mashitullah, Hapur, (5) M/s Gayasuddin, Hapur, (6) M/s Sri Iqbal Ahmad, Hapur, and (7) M/s Bio-Feed Products, Hapur. These Industries Collect waste bone with animal flesh from the frozen meat processing industries and slaughter houses and store in the open field. Then raw materials are being boiled with water in open pans. After boiling defleshed bones are removed manually from these pans and the rest part of the pans are collected in the settling tanks for removal of fat. The remaining portion of this tank is waste water, pieces of small bones, waste fats etc. and are being drained out to CHOIYA drain without any treatment which ultimately meets river Kali. These Units have not made any provisions to control water and air pollution. All the processing activities are being carried out in open space - hence a lot of foul smell create a great nuisance for the public. Due to the storage of raw materials in open space, vultures, crows and dog activities were observed at the time of inspection. (C): Animal Glue Manufacturing Industries: 27. There are 20 Animal glue manufacturing industries located at Rampur Road which is approx 200 Mtrs. away from human settlement of Hapur. Due to the storage of raw materials in open space, vultures, crows and dog activities were observed at the time of inspection. (C): Animal Glue Manufacturing Industries: 27. There are 20 Animal glue manufacturing industries located at Rampur Road which is approx 200 Mtrs. away from human settlement of Hapur. The name of these Industries are as under (1) M/s Asia Glue & Fertilizers, Hapur, (2) M/s A.C.C. Glue Factory, Hapur, (3) M/s S.S.A. Glue Factory, Hapur, (4) M/s Super Glue & Gelatine Factory Unit I, Hapur, (5) M/s Raj Glue and Gelatine Factory, Hapur, (6) M/s U.P. Glue Udyog, Hapur, (7) M/s R.J. Glue Udyog, Hapur, (8) M/s Hapur Glue & Gelatine, Hapur, (9) M/s Kamar Glue & Gelatine, Hapur, (10) M/s J.K. Glue Udyog, Hapur, (11) M/s Avon Glue and Gelatine, Hapur, (12) M/s G.M.G. Glue and Gelatine Factory, Hapur, (13) M/s Kalra Glue Factory, Hapur, (14) M/s Prabhat Glue Factory, Hapur, (15) M/s Madeena Glue Factory, Hapur, (16) M/s Super Glue & Gelatine Factory Unit 2. Hapur, (17) M/s Bharat Glue and Fertilizer, hapur, (18) M/s Batra Glue Udyog, Hapur, (19) M/s Chaudhary Glue & Gelatine Factory, Hapur, and (20) M/s Net Glue & Gelatine Factory, hapur. These Industries use waste leather cutting and bone sinues as raw materials after washing with fresh water. Same salt and acid is being used in washing. After washing the skin is being boiled in water in open pans and then extract is filtered in selves to remove solid particles. This extract is concentrated with drum type surface drier. These Industries have not made any provision to control water pollution, air pollution and process emission. 28. All the manufacturing activities are being carried out in open space, hence a lot of unpleasant foul smell create nuisance to the public. 29. As regards the Units mentioned at C (A) headed BONE MILLS, the U.P. Pollution Control Board has issued closure orders on 7.9.1995 to the Industries mentioned at Sr. Nos. 2,4 and 10 and show cause to Industries at Sr. Nos. 1 on 26.12.1995. 30. As regards the Units mentioned at C (B) under Heading - Bone Cleaning. & Fat Processing Industries, the U.P. Pollution Control Board has issued Closure orders on 6.9.1995 to the Industries mentioned at the Sr. Nos. 2,4,5 and 6. 31. Nos. 2,4 and 10 and show cause to Industries at Sr. Nos. 1 on 26.12.1995. 30. As regards the Units mentioned at C (B) under Heading - Bone Cleaning. & Fat Processing Industries, the U.P. Pollution Control Board has issued Closure orders on 6.9.1995 to the Industries mentioned at the Sr. Nos. 2,4,5 and 6. 31. As regards the Units mentioned at C (C) under Heading - Animal Glue Manufacturing Industries, the U.P. Pollution Board has issued Closure orders on 6.9.1995 to the Industries Listed at Sr. Nos. 4 and 5 and issued show cause notices on 26.12.1995 to the Industries listed At Sr. Nos. 3, 8, 9, 10, 13, 14, 15, 18, 20 and on 5.1.1996 to the Industries listed at Sr. Nos. 2, 6 and 11. C. (D) - Raw Hides Trading/ Storage Centre (Charm Panth) Hapur, 32. This Charm Panth is being operated by Mandi Samiti Hapur for trading/storage of 20-30 thousand raw hides per week on the Rampur Road, Hapur. It is located adjacent to a bone mill which is hardly 100 Mtrs. away from human settlement of Hapur. The raw hides are stacked by putting salt to preserve it. As all the activities are being carried out in open space, it creates unpleasant foul smell and public nuisance which is also unhygienic for the nearby public. No Pollution Control measures are being adopted by the Mandi Samiti to control water and air pollution. 33. These 40 Bone Mills, allied industries and charm panth are creating public nuisances and environmental pollution in the surrounding areas. Besides this there is a possibility of similar type of Industries operating in this area without any name. It is also pertinent to mention here that these Industries are being operated without obtaining consent/permission from the U.P. Pollution Control Board. The entire untreated effluents generated from these Industries is being disposed off in the nearby CHOIYA NALA through a Kacha Open drain. 34. The Detailed Survey/Inspection report alongwith analysis reports etc. are collectively being annexed and marked as 'Annexure II Colly'. IV. Inspection Report of The Vicinity of Hindon Airforce Base 35. The Officers of the Board also inspected the Trans - Hindon area in the vicinity of Hindon Airforce based on 13.12.1995. 34. The Detailed Survey/Inspection report alongwith analysis reports etc. are collectively being annexed and marked as 'Annexure II Colly'. IV. Inspection Report of The Vicinity of Hindon Airforce Base 35. The Officers of the Board also inspected the Trans - Hindon area in the vicinity of Hindon Airforce based on 13.12.1995. Inspection report reveals that the Bone Industry of Shri Noor Mohammad, where the Indian Airforce Planes was crashed on 18.9.1995 has been closed, but Bones remains and bird activities was still observed as the area has not yet been totally cleared after the closure of the Unit. The detailed inspection report of the Trans- Hindon Area in the vicinity of the Hindon Air force base is being annexed and marked as 'ANNEXURE III'.