Research › Browse › Judgment

Supreme Court of India · body

1996 DIGILAW 703 (SC)

Hariram Patidar v. M. P. Pollution Control Board

1996-03-18

KULDIP SINGH, S.SAGHIR AHMAD

body1996
JUDGMENT : 1. The Central Pollution Control Board has filed its report. The Board has made five recommendations to be followed by the industry. Mr. Kapil Sibal, appearing for the industry states that except recommendation No. 2, all other recommendations have been complied with. The industry has to comply with all the recommendations including recommendation No. 2. The Board may have a fresh inspection done and make a report within four weeks from today. We direct the Board to inspect the surrounding areas of this industry to find out the extent of permanent contamination created by the industry by operating without pollution control devices from 1972 onwards. Diesel Locoshed, Western Railway, Ratlam 2. The Central Pollution Control Board after inspection has recommended that the diesel shed should provide complete effluent treatment system with the recovery of oil and re-cycling of water. It is further recommended that any effluent after re- circulation if required to be disposed of should comply with the standards before discharge. We give six weeks time to the Western Railway Shed, Ratlam to set up the necessary effluent treatment devices failing which the shed shall be liable to be closed. We further make it clear that the shed shall also be liable to pollution fine in addition. M/s. Shriram Chemicals 3. The Central Pollution Control Board has inspected the industry. Learned counsel for the industry states that the Board's recommendations have already been complied with. The Board is directed to inspect the industry once again within four weeks and make a fresh report. The impact of the industry by operation without pollution control devices for years may also be examined to enable this Court to impose compensatory pollution fine. 4. The Central Pollution Control Board has filed its report. Learned counsel appearing for the industry states that the recommendations of the Board have been complied with. The Board may inspect the industry and file a fresh report within four weeks. M/s. Ratlam Alcohol & Carbon Dioxide 5. The industry has been inspected by the Central Pollution Control Board. The Board has made six recommendations. It is stated that the industry is lying closed. The industry shall not reopen till the recommendations of the Board are complied with. Even if the industry is operating, it shall be closed forthwith and shall operate functioning when the recommendations of the Board are complied with. The Board has made six recommendations. It is stated that the industry is lying closed. The industry shall not reopen till the recommendations of the Board are complied with. Even if the industry is operating, it shall be closed forthwith and shall operate functioning when the recommendations of the Board are complied with. Learned counsel for the industry has very fairly stated that the recommendations have not yet been followed. As and when these recommendations are followed, the industry may approach the Board. The Board shall immediately make a report in respect of the industry. If the industry is working, it shall be closed forthwith. We direct the District Magistrate and the Superintendent of Police of the area to have this order complied with immediately. M/s. Stallar Drugs Ltd. 6. The Central Pollution Control Board - after inspection - has filed its report. The operative part of the report is as under: "M/s. Stallar Drugs Ltd. A. General: The Company is located in Doshigaon Industrial Estate at Ratlam. The main products of the company are: (a) Trimethoprim, I.P. & B.P. (b) Pyrazinamide, B.P. (c) Atenolol, B.P., and (d) Isoniazid, I.P. B. Observations: (i). During the inspection, no responsible p,--son was present. It is observed that license fro manufacturing has expired and the instructions of Madhya Pradesh State Pollution Control Board have been totally violated. (ii). During the process of production of the above bulk drug, various chemicals, like Bromine, Methanol. Acidic acid etc. are utilized. However, the storing of these chemicals is not proper and susceptible for hazards. The used activated carbon as waste is disposed to fill up the low lying areas within the premises without any consent of M.P. State Pollution Control Board. (iii). The effluent generated from this factory is thrown within the premises as well as into Doshigaon drain, without any treatment. Consequently, the soil within the premises got spoiled and the drain itself got contaminated. (iv). Most disgusting fact is that the industry is not at all concerned with respect to pollution control, safety, handling of hazardous chemicals and waste management. The sodium bromide solution is kept in the open drum which is corrosive and as a result these solutions are leaking to the grounds. (v). The production practice within the factory is not beyond any doubt with regard to safety lapses. C. Recommendations (i). The sodium bromide solution is kept in the open drum which is corrosive and as a result these solutions are leaking to the grounds. (v). The production practice within the factory is not beyond any doubt with regard to safety lapses. C. Recommendations (i). Seeking this noxious atmosphere in and around the factory, the visiting team is convinced that M/s Stallar Drugs need to be closed. (ii). It is also recommended that a Committee comprising the Disaster Management Institute, Bhopal, M.P. State Pollution Control Board and expert from Hazardous Substance Management Division of the Ministry of Environment & Forests (MDEF) may be constituted to oversee the decontamination of the area." 7. Mr. Sushil Kumar Jain, learned counsel appearing for the industry has invited our attention to the consent granted to the industry by the M.P. Pollution Control Board in the years 1988 and 1990. The consent was for a limited period of 12 months. The said consent was subject to various conditions. The learned counsel appearing for the Madhya Pradesh Pollution Control Board states that the conditions were not complied with despite notices served on the industry. Mr. Jain, however, states that the conditions were complied with. The fact, remains that there is no consent from the M.P. Board after 1990 to run the industry. Mr. Jain fairly states that the industry has been applying for consent but the Board has neither rejected nor accepted the application. The fact remains that the industry is operating without consent from the Board. The report of the Central Pollution Control Board indicates that the industry is a polluting industry. We, therefore, direct the closure of the industry with immediate effect. The industry shall only be re-opened when the M.P. Board grants the necessary consent to the industry and the conditions and recommendations of both the Board are complied with. The M.P. Board must dispose of the applications of the industry for grant of consent within two weeks from today. As directed by us the industry shall be closed forthwith. We direct the District Magistrate and the Superintendent of Police of the area to have this order complied with immediately. 8. Mr. Sushil Kumar Jain states that there are number of other industries who are operating in similar circumstances. As directed by us the industry shall be closed forthwith. We direct the District Magistrate and the Superintendent of Police of the area to have this order complied with immediately. 8. Mr. Sushil Kumar Jain states that there are number of other industries who are operating in similar circumstances. We direct the Madhya Pradesh Pollution Control Board to place on record the list of all those industries which are polluting and are operating without consent so that appropriate action can be taken against them. 9. To be listed immediately after two weeks.