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Supreme Court of India · body

1996 DIGILAW 648 (SC)

World Saviors v. Union of India

1996-03-13

A.M.AHMADI, K.VENKATASWAMI, M.K.MUKHERJEE

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JUDGMENT : 1. The U.P. Pollution Control Board has pursuant to the order dated 24th April, 1995 prepared a chart indicating the extent of compliance, if any. According to this chart the industries shown at serial Nos. 4, 5, 6, 7, 9, 13, 14, 15, 17, 19, 20, 21, 23, 24, 26, 27, 29, 41, 68 and 76 have complied with the directions of this Court and have achieved the standard required. Therefore, so far as these industries are concerned, nothing further remains to be done and the notices shall stand discharged. However, the Pollution Control Board will continue to inspect these industries periodically and if there is any lapse in the operation of the pollution control system already installed and or in the maintenance of the standard required, the Board will immediately take action against them. 2. Industries mentioned at serial Nos. 1, 2, 3, 10, 16, 22, 25, 28, 30, 37, 38, 67, 72, 74 and 75 have also installed APCs and achieved the required standard but it is alleged that they have resorted to illegal conversion of flat kiln to round kiln. Of course, the industries dispute this fact. We would direct the industries to apply for conversion to the Pollution Control Board by way of abundant caution and the Pollution Board would consider their applications on merits and dispose them of by short speaking orders indicating the ground on which the application is rejected. The industries may apply within three months from today. The Board will dispose of the applications within three months from the date of receipt thereof. 3. In regard to industries at serial Nos. 8, 31, 63, the findings are that although they have installed the APCs, they have not achieving (sic) the required standard. In other words, they have continued to pollute. So far as industry at serial No. 8 is concerned, although the APC has been installed jointly for two kilns, the standard achieved is for only one round kiln. Since only one round kiln is in operation, the standard can be taken Order dated March 13, 1996 in W.P. (C) No. 320 of 1994. as achieved so long as they operate only one round kiln. The other kiln will have to be kept idle. Since only one round kiln is in operation, the standard can be taken Order dated March 13, 1996 in W.P. (C) No. 320 of 1994. as achieved so long as they operate only one round kiln. The other kiln will have to be kept idle. Any attempt at operating it on the basis of the existing APC, will amount to a violation and the Pollution Board will be required to take action to close down the extra kiln. So far as industry at serial No. 31 is concerned, the APC has been installed and the standard is stated to have been achieved but some modification in the hood and gate is required which the industry may carry out within three months. There is a flat kiln which is presently not in operation. That shall remain closed. If any attempt is made at operating it the Board will be entitled to take action to close it. So far as industries at Sr. No. 63 is concerned, we find that the APC has been installed jointly for two kilns and is not achieving the required standard and also needs modification. In view of the same we direct that if the industry does not achieve the required standard within two months from today the Board shall take action to close it down. No further time will be allowed and no application for extension o time will be entertained. 4. The industries at serial Nos. 11, 12, 32, 39, 42, 44, 47, 55, 56, 58, 59, 73, 79 and 80 have installed the APCs but since power is not available they are not in a position to operate the same. The learned counsel for these industries state that the industries have already applied for power but because of the pendency of the cases in this court the authorities are not taking a decision. If there is any apprehension on that count we make it clear that the authority which has to take a decision in regard to the grant or otherwise of power, will be free to take that decision. But till the power is supplied to the industries, the said industries will not operate and the Pollution Board will see to it that they do not operate. But till the power is supplied to the industries, the said industries will not operate and the Pollution Board will see to it that they do not operate. After the power is given, the concerned industry will inform the Pollution Board and the Pollution Board will test the APCs installed and determine whether the required standard is met. Till such determination and certification by the Pollution Board, these industries shall not operate. If they continue to operate, it will be a violation of this Court's order and the consequence for violation shall follow. The Pollution Board will immediately ensure the non operation of these industries. 5. In regard to industries at serial Nos. 33 and 65, it is noticed that between these two industries there is one common APC for both the industries but it meets the standard for one only and, therefore, one of them cannot be allowed to function. In the case of industry at serial No. 33, the second kiln was found to be not in production at the time of inspection which means that it was kept closed and was not in operation and if any attempt is made to put it in operation the Pollution Board will take action to have the same dismantled. Therefore, unless the APC is installed for the other also and the Pollution Board grants the permission to operate that kiln it shall remain closed and any attempt to operate it, will entitle the Pollution Board to have it dismantled. 6. So far as industries at serial No. 66 are concerned, there are in all 9 round kilns and two flat ones. Out of these only two round kilns are in production and APCs has been installed and the required standard has been achieved. These two round kilns may operate but the other round and flat kilns which are presently not in production and for which no APC has been installed shall not operate till the APC has been installed and the required standard is achieved and the Pollution Board's permission to operate it is obtained. Any attempt to operate these kilns without clearance from the Pollution Board shall be liable to be dismantled. 7. Industries at serial No. 18, 34, 40, 54 and 62 have installed incomplete APCs and they are not in operation and are lying idle. Any attempt to operate these kilns without clearance from the Pollution Board shall be liable to be dismantled. 7. Industries at serial No. 18, 34, 40, 54 and 62 have installed incomplete APCs and they are not in operation and are lying idle. They shall not be put in operation till the APCs are completed and reach the required standard to the satisfaction of the Board. Till then they shall not be put in operation at any point of time and if they do so, it will be on pain of the Board having them dismantled. 8. Industrial at serial Nos. 35, 36, 43, 45, 45,46,48,49,50,51,52,53,57,60,61,64, 69, 70, 71, 77, 78, 81, 82, 83, 84, 85 and 86 (26 industries in all) which have not installed the APCs and some of them have even ignored to file an undertaking and those who have filed the undertaking, have not adhered to the time granted to them under the undertaking for compliance.. Therefore, these industries cannot be allowed to operate or exist. They must, therefore, be closed altogether. The Pollution Board will ensure their closure and file a compliance report in the Registry of this Court. The District Magistrate concerned will extend assistance to the Pollution Board in implementing the aforesaid order as and when assistance is sought. 9. The NEERI Report has yet not been received. The learned counsel for the Union of India states that the report is almost complete and will be placed before the Court at the next date of hearing. The Union of India will also file the affidavit which was called for by earlier order along with the report. 10. Let the matter come up after three weeks. SI. No. Name of Industries 1. M/s Ravi Lime Industry, Raipur Road, Dehradun 2. M/s H.S. Chemicals Raipur Road, Dehradun 3. M/s Anand Brothers, Sahastra Road, Dehradun 4. M/s Lime Centre Raipur Road, Dehradun 5. M/s Roshan Lal Sahastra Road, Dehradun 6. M/s Dung Chemical Raipur Road, Dehradun 7. M/s Harbans Singh & Sons Raipur Road, Dehradun 8. M/s. Prem Prakash & Sons Raipur Road, Dehradun 9. M/s Premier Call Chemicals Raipur Road, Dehradun 10. M/s. Asian Chemicals, Raipur Road, Dehradun 11. M/s. Jashmer Singh & Sons Raipur Road, Dehradun 12. M/s Kartar Singh Deol & Co. Raipur Road, Dehradun 13. Ws Shakumbari Chemicals, Kuanwala, Dehradun 14. M/s. Bhushan Chemicals, Kuanwala, Dehradun 15. M/s. Prem Prakash & Sons Raipur Road, Dehradun 9. M/s Premier Call Chemicals Raipur Road, Dehradun 10. M/s. Asian Chemicals, Raipur Road, Dehradun 11. M/s. Jashmer Singh & Sons Raipur Road, Dehradun 12. M/s Kartar Singh Deol & Co. Raipur Road, Dehradun 13. Ws Shakumbari Chemicals, Kuanwala, Dehradun 14. M/s. Bhushan Chemicals, Kuanwala, Dehradun 15. M/s Ranvir Line & Chemicals Raipur Road, Dehradun 16. M/s. Sardari Lal Oberoi Sahastra Road, Dehradun 17. M/s Darshan Lal Marwaha Raipur Road, Dehradun 18. M/s N.D. Dass Raipur Road, Dehradun 19. M/s Santosh Lime, Raipur Road, Dehradun 20. M/s Ex. Servicemen Raipur Road, Dehradun 21. M/s Swastic Chemicals Raipur Road, Dehradun 22. M/s M.S. Chemicals Raipur Road, Dehradun 23. M/s Bhartiya Chemicals, Rani Pokhri, Dehradun 24. M/s Ranvir Lime, Raipur Road, Dehradun 25. Mr Anil Singhal Lime, Sahastradara Road, Dehradun 26. M/s Suresh Mineral, Sahastradara Road, Dehradin 27. M/s Rajendra Singh Ravat Dehradin 28. M/s Chetna Mineral Dehradun 29. M/s Jagdish Prakash Padh Raipur Road, Dehradun 30. M/s Satish Chand Sharma Raipur Road, Dehradun 31. M/s Rajendra & Co. Raipur Road, Dehradun 32. M/s Jagdish Lai & Co. Raipur Road, Dehradun 33. M/s International Lime, Rani Pokhri, Dehradun 34. M/s Darumal Narayan Das Dehradun Raipur Road, Dehradun 35. M/s Narayan Das & Tanaja & Sons Adhoiwala, Dehradun Raipur Road, Dehradun 36. Santokh Singh (wrongly mentioned as M/s Sardar Singh) 37. M/s Manohar Lai & Sons, 38. M/s Suresh Chand Radhey Shyman, 39. M/s Deepak Lime Chemicals Works, 40. Tarachand, Tarla, Adhoiwala, Raipur Road, Dehradun 41. M/s Industrial Lime & Dehradun Chemicals (India), 42. M/s Arvind Lime Industries, Dehradun Raipur Road, Dehradun (wrongly mentioned as Balbir Singh & Sons) 43. M/s M/s Manohar Lai & Co., Adhoiwala, Dehradun 44. M/s Kanhaiya Lai Lime Kiln, Adhoiwala, Dehradun 45. M/s Smt. Savita Devi, Adhoiwala, Dehradun 46. M/s Khemraj Singh Adhoiwala, Dehradun 47. M/s Suresh Kumar & Sons, Dehradun (wrongly mentioned as Surinder Kumar) 48. M/s Bharatram, Adhoiwala, Dehradun 49. M/s Chandrabhan Gangaram Adhoiwala, Dehradun 50. M/s Nathu Sing, Adhoiwala, Dehradun 51. M/s Manohar Lal and Son Adhoiwala, Dehradun 52. M/s Bhuma Nand, Adhoiwala, Dehradun 53. M/s Mata Industry, Tarla, Adhoiwala, Dehradun 54. M/s Mata Chemicals, Tarla, Adhoiwala, Dehradun 55. M/s Gurucharan Das, Tarla, Adhoiwala, Dehradun 56. M/s Lal Chand and Sons, Tarla, Adhoiwala, Dehradun 57. M/s P.V. Kumar Lime Traders Tarla, Adhoiwala, Dehradun 58. M/s Janki Ram, Tarla, Adholwala Raipur Road, Dehradun 59. M/s Bhuma Nand, Adhoiwala, Dehradun 53. M/s Mata Industry, Tarla, Adhoiwala, Dehradun 54. M/s Mata Chemicals, Tarla, Adhoiwala, Dehradun 55. M/s Gurucharan Das, Tarla, Adhoiwala, Dehradun 56. M/s Lal Chand and Sons, Tarla, Adhoiwala, Dehradun 57. M/s P.V. Kumar Lime Traders Tarla, Adhoiwala, Dehradun 58. M/s Janki Ram, Tarla, Adholwala Raipur Road, Dehradun 59. M/s Arjun Lal Tajena, Tarla Adhoiwala, Raipur Road, Dehradun 60. M/s Suraj Lime & Mineral, Tarla, Adhoiwala, Raipur Road, Dehradun 61. M/s Surendra Kumar Gian Chand, Adhoiwala Raipur Road, Dehradun 62. M/s U.P. Minerals, Sahastradara Road, Dehradun 63. M/s Vigyan Chemicals, Tarla Adhoiwala, Dehradun 64. M/s Akhil Lime & Minerals Industry, Tarla, Adhoiwala, Raipur Road, Dehradun 65. M/s Singhal Lime & Chemical Industry Tarla, Adhoiwala, Raipur Road, Dehradun 66. M/s Marwaha and Co., Tarla, Adhoiwala, Raipur Road, Dehradun 67. M/s Kumar Limes, Sahastradhara Road, Dehradun 68. M/s Kishan Chand Kumar, Sahastradhara Raipur Road, Dehradun 69. M/s Manohar Lal Amarnath, Prem Nagar, Dehradun 70. M/s Gopal Singh Ravat, Sahastradhara Road, Dehradun 71. M/s Om Prakash Mehandiratta, Adhoiwala 72. M/s Marwaha and Co. Sahastradhara Road, Dehradun 73. M/s Arora Basic Chemicals Industry 74. M/s Manjeet Singh Lime and Chemical Industry 75. M/s Jai Lime and Chemicals, Kuanwala, Dehradun 76. M/s Calcium Chemicals Industries Kuanwala, Dehradun 77. M/s Ram Saran Chuna Udyog, Prem Nagar, Dehradun 78. M/s Manmohan Singh, Prem Nagar, Dehradun 79. M/s J.D. Chemicals, Adhoiwala, Raipur Road, Dehradun 80. M/s Surendranabh Dutta, Adhoiwala, Raipur Road, Dehradun 81. M/s Amarjeet Singh, Adhoiwala, Raipur Road, Dehradun 82. M/s Doon Valley Chemicals, Prem Nagar, Dehradun 83. M/s Sant Singh Chuna Udyog, Prem Nagar, Dehradun 84. M/s Triveni Calcium, Prem Nagar, Dehradun 85. M/s Smt. Nandi Devi, Adhoiwala, Raipur Road, Dehradun 86. M/s Jagdish Prasad and Sons. Adhoiwala, Raipur Road, Dehradun