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, 25, 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 systems 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 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.
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 of 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. 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.
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 at any time and if it is put in operation, the Board will take immediate action to have it dismantled. The same is the position so far as industry at serial No. 65 is concerned. There also one kiln is 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.
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. Industries at serial Nos. 35,36,43,45, 46,48,4, 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 complementing 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 the earlier order along with the report. 10. Let the matter come up after three weeks.