JUDGMENT : 1. This letter petition by residents of Arayapalli, Vivekanandpalli, Chanditala Main Road, Pasupati Bhattacharya Road in the city of Calcutta - complaining about the environmental pollution being created by the factories in the said areas - was treated as a public interest petition under Article 32 of,, the Constitution of India. This Court on February 4, 1994 passed the following order: "This Public Interest petition relates to two industries viz. M/s. Lubricating Oil Company and M/s Hydro Carbons and Chemicals Ltd., Calcutta. These two industries are situated in the area which is by and large residential. The residents of the area have been constantly complaining that it is difficult for them to live in this area due to air pollution created by these industries. This Court initially directed closure of these industries but on affidavit being filed by the West Bengal Pollution Control Board that the necessary air pollution control devices and effluent treatment plants had been installed, we directed suspension of the closure orders. We request Dr. P. Khanna, Director National Environmental and Engineering Research Institute (NEERI), Nagpur, to send a team of technical experts to inspect these two industries and the area in general and report to this Court within six weeks from the receipt of this order. The team shall go into the question as to whether it is necessary, in the ultimate analysis, to shift these or any other industries from within the residential area. Needless to say that the two industries shall bear the expenses of the NEERI inspection team. We make it clear that if there are more industries in this area, which are the cause of air and water pollution, the NEERI team shall inspect those industries also and make similar report." 2. Pursuant to the above quoted order the National Environmental Engineering Research Institute (NEERI) filed its inspection report dated March 29, 1994 indicating various performance evaluation of effluent treatment plants and ambient air quality survey at M/s. Hydro Carbon & Chemicals, M/s. Lubricating Oil Company, Chanditala, Calcutta and other industries operating in the area. The relevant part of the report is as under: "5.0 Conclusions 5.1 M/s. Hydrocarbon and Chemicals (HCC), Chanditala, Calcutta. - The effluent treatment plant has not been properly designed. The influent data reveals that physico-chemical system of treatment adopted by the management is not suitable. The relevant part of the report is as under: "5.0 Conclusions 5.1 M/s. Hydrocarbon and Chemicals (HCC), Chanditala, Calcutta. - The effluent treatment plant has not been properly designed. The influent data reveals that physico-chemical system of treatment adopted by the management is not suitable. An extensive treatability study is warranted to arrive at a cost effective and viable treatment system. The dilution of treated effluent with cooling water overflows being practiced at present is not a solution to meet the effluent standards. Possibilities must be explored in the tractability study to reuse/recycle the treated effluent. - The sludges produced by the plant are hazardous in nature. These sludges are being sold as informed by the management of the industry. - The air pollution control equipment at the industry is not adequate. The management must take immediate action to contain the emissions to the prescribed limits. During winter season, the residents face severe problems because the wind direction is N, NE and NW. - The congestion in the factory premises must be reduced to prevent potential risks, arising out of fire. - The wooden warehouse must be replaced by suitable structure with proper ventilation. - Measures taken to combat leakages from oleum, caustic, sulphuric acid storage Tanks and delivery pipe lines must be improved both from economic and environmental view points. - The plant is fire prone. The contiguous residential population is thus faced with the risk of fire hazards. 5.2 M/s. Lubrication Oil Company (LOC), Chanditala, Calcutta. - An effluent treatment plant must be constructed. The treated effluent can be reused and recycled within the plant. - Two types of hazardous sludges have been noticed by the inspection team. These sludges must be properly disposed in consultation with WBPCB. - The air pollution control devices are not adequate. The scrubber is a small reactor vessel. Most of the gases leak out from this vessel. In addition, the entire plant is old and there are air leakages in the long network of air cooled condenser pipes. The Kettles (reactors) are also not air tight. - For safety of the workers, the locations of kettles (reactors) need to be changed to allow free movement around the kettles. - It is considered necessary to make the production process continuous instead of the present batch operation. - The plant is fire prone. The safety measures adopted by the management are not adequate. - For safety of the workers, the locations of kettles (reactors) need to be changed to allow free movement around the kettles. - It is considered necessary to make the production process continuous instead of the present batch operation. - The plant is fire prone. The safety measures adopted by the management are not adequate. 5.3 M/s. Calcutta Galvanising Company (CGC), Chanditala, Calcutta. - An effluent treatment plant must be installed. The treated effluent can be recycled. - The sludges produced are hazardous. The storage and transportation of sludges are critical in this area. Special care must be taken in their disposal in consultation with WBPCB. - The pan operated galvanising system must be replaced by a closed furnace system which is directly connected to the stack. At present the stack has no function. Particular attention must be directed to contain SPM and zinc vapour concentrations. - The congestion within the factory premises must be avoided for safety reasons coupled with good house keeping practices. 5.4 M/s. Calcutta Printing Ink (P) Ltd. (CPI), Chanditala, Calcutta. - It is necessary to install a well designed ETP. The treated effluent can be recycled and reused in the plant. - Air pollution control devices must be installed to contain air pollutants. The plant must have a well designed stack instead of exhaust fans. - The air pollutants from the industry cause nuisance to the residents in this area. The effect is more pronounced during winter when the wind direction is N, NE and NW. 5.5 M/s. Crown Moulding Company (CMC), Chanditala, Calcutta. - The effluent can be treated and recycled and reused within the plant. - The congestion caused by raw materials and products must be avoided for safety reasons. Adequate safety facilities do not exist at the moment in the plant. - The temperature in the entire plant area is about 5 degree C higher than the ambient air temperature. A proper ventilation system is required at the industry. 5.6 Ponds in Chanditala, Calcutta. - It is possible to rejuvenate the ponds by debilitation, insist treatment, and preventing the dumping of untreated/ partially treated industrial wastes and sludges. 5.7 Ambient Air Quality at Residences of Mr.D.P. Bhattacharya and Mr. Udayan Paul, Chanditala, Calcutta - The concentrations of air pollutants at both the house premises indicate that the air emissions are caused by factories. - It is possible to rejuvenate the ponds by debilitation, insist treatment, and preventing the dumping of untreated/ partially treated industrial wastes and sludges. 5.7 Ambient Air Quality at Residences of Mr.D.P. Bhattacharya and Mr. Udayan Paul, Chanditala, Calcutta - The concentrations of air pollutants at both the house premises indicate that the air emissions are caused by factories. This is particularly because of presence of NOx, SO2 and hydrocarbons. - The effect of air pollution is enhanced during night hours and in winter months. 6.0 Recommendations - Engineering and electrical industries do not cause major pollution problems. These industries may thus be allowed to function in the area with proper approval of all concerned departments, viz. Fire & Safety, WBPCB. etc. These industries comprise about 60% of the total 250 industrial units in the area. - Major pollution causing industries are: * chemicals (M/s. HCC, M-h LOC) * metal plating (MIs. CGC) * printing (M/s CPI) * industries relating to fish based poultry feed and styrene based moulding process of fibre glass (M/s KMC and M/s MPEI) - These industries need to be shifted in the first phase to protect the life, property and public health in the area. The remaining industries may be shifted if they continue to violate the norms prescribed by the MEF and WBPCB." 3. So far as M/s. Kamdenu Mess Company is concerned, the report is as under: "The inspection team also visited the following industries viz. * M/s. Kamdenu Mess Company. * M/s. Malvin Powell and Engg. Inds. Ltd. Both these factories were not in operation. M/s. Kamdenu Mess Company (KMC) Manufacturers poultry feed. The foul smell was discernable as the factory stores crushed fish which is one of the ingredients in poultry feed. M/s. Melvin Powell and Engineering Industries Ltd. (MPEI) stores styrene which is a carcinogenic organic compound and is used in the moulding of fibre glass for manufacturing cooling towers. The house keeping in both the factories was poor. These small scale units use dry process and do not discharge any effluents. No sanitation facilities exist in these units." 4. M/s. Melvin Powell and Engineering Industries Ltd. (MPEI) stores styrene which is a carcinogenic organic compound and is used in the moulding of fibre glass for manufacturing cooling towers. The house keeping in both the factories was poor. These small scale units use dry process and do not discharge any effluents. No sanitation facilities exist in these units." 4. After examining the NEERI report in detail, this court on April 15, 1994 passed the following order: "Pursuant to this court's order dated February 4, 1994, NEERI's team of technical experts inspected the ambient air around M/s. Hydro Carbon & Chemicals Ltd.,Chanditala Main Road, Calcutta and other industries in the area and have submitted its report. NEERI has recommended that M/s. Hydro Carbons and Chemicals, Chanditala, M/s. Lubricating Oil Company, Chanditala, Main Road, Calcutta/53, M/s. Chanditala Galvanising Works and M/s. Calcutta Printing Ink Pvt. Ltd., Chanditala and the industries relating to fish based poultry feed and styrene based moulding process of fibre glass need to be shifted to protect the life, property and public health in the area. We, therefore, direct the West Bengal Pollution Control Board to issue notice to these industries stating therein that it is proposed to shift these industries from the area where they are operating to some other suitable place. Industries be asked to give the following information: 1. Name, Registration Number, Location and the ownership/status of the industry. 2. Total land/including built up area which is at present under the possession of the industry. 3. Nature/quantum of the fuel which is being used. 4. Number of the workers/other staff employed. 5. Total Capital Investment/turnover of the industry. 6. Extent of the land required by the industry in the new industrial area. 7. The product of the industry and the raw material used for such production. 8. The nature/extent of the alternate safe fuel, if required. 9. Financial assistance in the shape of loan etc., if required, and to what extent. The notices be sent to all these industries individually within a week of the receipt of this order. The industries concerned shall file their replies within four weeks of the receipt of the notice. The replies be filed before the West Bengal Pollution Control Board. A copy of the reply shall also be sent to the Director of Industries. The notices be sent to all these industries individually within a week of the receipt of this order. The industries concerned shall file their replies within four weeks of the receipt of the notice. The replies be filed before the West Bengal Pollution Control Board. A copy of the reply shall also be sent to the Director of Industries. Meanwhile, we direct the State of West Bengal, through the Secretary, Department of Cottage and Small Scale Industries to locate some suitable land where the above mentioned industries can be shifted in due course. The Secretary concerned shall file an affidavit in this Court within four weeks showing the progress made in this respect." 5. Pursuant to this Court's order quoted above, Mr. Jyotirmoy Ghosh, Joint Secretary, Cottage and Small Scale Industries filed an affidavit in this Court on May 12, 1994. Along with the affidavit he attached a list of seven industrial estates where the industrial plots for allotment were available. Meanwhile, the West Bengal Pollution Control Board issued notices to these industries to construct necessary pollution control devices within the specified time. The Pollution Control Board filed an affidavit in this Court stating that the industries did not even submit their reply to the notices. 6. During the course of the hearing of these matters, at the request of the industries, NEERI was asked to examine the industries once again and submit its report. This Court on October 28, 1994 examined the supplementary report of NEERI and passed the following order: "Pursuant to this Court's order dated 7.9.1994, NEERI has submitted its supplementary report which has been placed on record. NEERI has reiterated its earlier findings in respect of the four industries and has stated that these industries are transporting, storing and processing hazardous chemicals in the vicinity of thickly populated residential area which can cause intensive damage." 7. On November 11, 1994, this Court passed the following order: "Pursuant to this Court's order dated October 28, 1994, Mr. N.N. Gooptu, Advocate General, State of West Bengal is present in Court. He has placed before us the initial modalities regarding shifting of the industries to suitable industrial estates. Needless to say that these industries should be given the choice to shift to the nearest available industrial estates. After discussing the matter with the learned counsel for the industries and the learned Advocate General, we request Mr. He has placed before us the initial modalities regarding shifting of the industries to suitable industrial estates. Needless to say that these industries should be given the choice to shift to the nearest available industrial estates. After discussing the matter with the learned counsel for the industries and the learned Advocate General, we request Mr. Gooptu to sort out the matter within a reasonable time. Mr. Gooptu along with Mr. Jyotirmoy Ghosh, Joint Secretary, Cottage and Small Scale Industries, who is also present in Court shall identify the plots to be earmarked for these industries and sort out other problems arising out of the proposed shifting. We direct the representatives of the industries through their counsel to be present in the office of the Advocate General at 4.30 PM on November 23, 1994. The representatives of the industries may collect the details of the plots available for allotment in various industrial estates from Mr. Jyotirmoy Ghosh within one week. We make it clear that apart from the industries, subject matter of this petition with any other industry, situated in Calcutta and wanting to shift outside may also approach Mr. Jyotirmoy Ghosh for details of the plots available for allotment in the industrial estates. " 8. Thereafter, Mr. N.N. Gooptu, learned Advocate General for the State of West Bengal, along with two Government Officers met the representatives of various industries. Mr. Gooptu placed a note regarding the discussions held with the industrialists on the record of this Court. This Court examined the various suggestions and passed the following order on December 9, 1994: "Pursuant to this Court's order dated November 11, 1994, Mr. N.N. Gooptu, learned Advocate General for the State of West Bengal has filed a short note for our consideration. He has mentioned that pursuant to the above said order a meeting was held in his Chambers on November 23, 1994. The said meeting was attended by the following: (a) Shri Jyotrimoy Ghosh Joint Secretary, Cottage & Small Scale Industries Deptt., Govt. of West Bengal. (b) Shri Dilip Ghosh, Executive Director, West Bengal Small Industries Corporation (c) Shri Amal Kumar Chakraborty and Shri M. Dutta of M/s. Hydro Carbons & Chemicals, 25, Chanditala Main Road (d) Shri Govind Prasad Halwasia and Shri M. Dutta of Lubricating Oil Co. of West Bengal. (b) Shri Dilip Ghosh, Executive Director, West Bengal Small Industries Corporation (c) Shri Amal Kumar Chakraborty and Shri M. Dutta of M/s. Hydro Carbons & Chemicals, 25, Chanditala Main Road (d) Shri Govind Prasad Halwasia and Shri M. Dutta of Lubricating Oil Co. 35/2/2, Chanditala Main Road, Calcutta-700 053 (e) Shri Ashok Basu and Shri Sisir Ranjan Basu of M/s. Chanditala Galvanising Works Calcutta-700 053 (f) Shri K.L. Biswas and Shri Debesh Chandra Dey Malvin Powell Vanaspati Engg. & Inds. Ltd. (g) Shri P.K. Banerjee of Calcutta Printing Inks (P) Ltd. 22/2 Chanditala Main Road, Calcutta-700 053 (h) Shri Niranjan Agarwalla and Shri M. Dutta of Kamdhenu Industries 20, Chanditala Main Road Calcutta 700 053. The representatives of the industries in the first instance, as stated by mr. N.N. Gooptu, raised objection that apart from these industries, there are about 200 units in the same area carrying on the same or similar kind of business and that they had not been served with any notice to shift. He further states that the representatives were then invited to express their response to the offer made by the State Government of the four industrial estates of Haldia, Asokenagar, Bauria and Kharagpur where alternate sites were available. Representatives of the industries expressed their unwillingness to accept any of the sites for the following reasons: (a) Lack of proper infrastructural facilities (b) financial stringency of the industries leading to inability to bear the burden of the cost of shifting. (c) unsuitability of the proposed sites for their business needs. (d) non-availability of the sites of adequate size at the industrial estates. It is obvious from the facts stated in the report that these industries are not in a mood to cooperate with this Court, which is trying to find out alternative land, other facilities for these industries to shift. These industries are health hazardous and also the main source of polluting the ambient air in the area. We give notice to these industries to show cause why these industries should not be closed down with immediate effect. The learned counsel appearing for these industries may assist us on 19.1.95 at 2 PM. Meanwhile, representatives, if they so desire, may approach Mr. Ajay Sinha, the Secretary, Department of Cottage and Small Scale Industries, Govt. We give notice to these industries to show cause why these industries should not be closed down with immediate effect. The learned counsel appearing for these industries may assist us on 19.1.95 at 2 PM. Meanwhile, representatives, if they so desire, may approach Mr. Ajay Sinha, the Secretary, Department of Cottage and Small Scale Industries, Govt. of West Bengal for allotment of plots of their choice in the above said four estates or any other area where the plots are available. Needless to say that they can always seek support and help of Mr. N.N. Gooptu, the Advocate General for the State of West Bengal." 9. Finally, this Court on May 8, 1995 Lssed the following order: "We have been monitoring this matter for over a year. Six industries are involved in this litigation. We have issued directions to various officers of the State Government from time to time and have been requested Mr. Somnath Chatterjee, Member Parliament to assist these industries in re-location. Various suggestions were given to these industries for consideration. Somehow or the other, the industries have not been able to finally make up their mind as to where and when they propose to shift. This Court has extended its maximum help to these industries. The Court has provided sufficient doors to these industries to knock ai:-' have their needs satisfied. This Court cannot assist these industries any further. Mr. Dilip Sinha, learned counsel appearing for West Bengal Industrial Corporation Ltd. has placed on record the Status Report regarding the offers made by the State Government to various industries. It is stated that so far as M/s. Hydrocarbons and Chemicals are concerned, they were offered land at Bauria but the industry was not interested. It is further stated that the industry wanted to visit Kharagpur Growth Centre which has been arranged. It is hoped that the industry may like the place at Kharagpur Growth Centre. It is further stated that M/s. Lubricating Oil Company has offered a plot of land at Haldia. M/s. Lubricating Oil Co. has agreed to take the land. The industry is in the process of having the formalities completed. Learned counsel appearing for M/s. Lubricating Oil Company states that they have not been offered the total required land. We have no doubt that the Corporation will offer more land to this industry as and when it is available. M/s. Lubricating Oil Co. has agreed to take the land. The industry is in the process of having the formalities completed. Learned counsel appearing for M/s. Lubricating Oil Company states that they have not been offered the total required land. We have no doubt that the Corporation will offer more land to this industry as and when it is available. So far as M/s. Chanditala Galvanising Works is concerned, the industry is insisting for a plot of land at Industrial Growth Centre at Behala. Learned Counsel appearing for the Corporation states that no suitable plot of land is available at Behala at present. The industry may go round and search for another suitable plot of land itself in some other industrial area. So far as M/s. Calcutta Printing Ink (P) Ltd. is concerned, it is stated that despite directed by the Chairman of the Corporation, the representative of the industry has not met any of the authorities of the Corporation. It is, however, stated that a representative of the industry met the District Magistrate ate, South 24 - Parganas and identified a plot of land at Dhapa. It would be advisable for the industry, to get in touch with the authorities of the Corporation. Similarly, M/s. Kamdhenu Industries have not met the Chairman of the Corporation despite directions by him. They have also met the District Magistrate, South 24 Parganas and have identified a plot of land at Dhapa. The industry, if so advised, may approach the Chairman of the Corporation in this respect. So far as M/s. Melvin Powell Vanaspati & Engineering Industries Ltd. is concerned, it is stated that they are not interested in re-location. The Status Report be placed on record. Under these circumstances there is no alternative left with this Court but to give a final notice to the above mentioned six industries to re-locate themselves within three months from today failing which they shall be liable to be closed. Meanwhile, we direct Mr. Ajay Sinha, Secretary, Cottage and Small Scale Industries and Mr. R.K. Basu, Financial Controller and Secretary, Wes( Bengal Industries Department to render all assistance to these industries for any kind of help which they wish to seek from the Government quarters. We once again request Mr. Meanwhile, we direct Mr. Ajay Sinha, Secretary, Cottage and Small Scale Industries and Mr. R.K. Basu, Financial Controller and Secretary, Wes( Bengal Industries Department to render all assistance to these industries for any kind of help which they wish to seek from the Government quarters. We once again request Mr. Somnath Chatterjee, Member Parliament and Chairman, West Bengal Industrial Development Corporation Ltd. to see that all the Government Authorities came to the aid of these industries regarding whom re-location orders have been passed by this Court. We direct Mr. Ajay Sinha, Secretary, Cottage and Small Scale Industries to file an affidavit in this Court within two months from today indicating the assistance rendered by the Government Authorities to these industries." 10. It is in the above background that this petition has come up for final disposal today. It is obvious from the orders quoted above and also from various affidavits filed by the State of West Bengal and Pollution Control Board that all the authorities have all the time been willing to cooperate with the industries. Somehow or the other, the industries have not been able to relocate themselves. These industries are located in a thickly populated industrial area. The NEERI report indicated that the ambient air inside the industrial premises in the area is also polluted. These industries are a serious health hazard for the residents of the area. We are left with no other alternative but to direct the closure of the following five industries from their present location: 1. M/s. Hydro Carbon & Chemicals, 25, Chanditala Main Road, P.O. New Alipore, P.S. Behala,Calcutta. 2. M/s. Lubricating Oil Co., 35/2/2, Chanditala Main Road, P.O. New Alipore, P.S. Behala, Calcutta - 53. 3. M/s. Chanditala Galvanising Work, 35/1, Chanditala Main Road, P.O. New Alipore, ' - P.S. Behala, Caleutta - 53. 4. M/s. Calcutta Printing Ink Pvt.Ltd., Chanditala, P.O. New Alipore, P.S. Behala, Calcutta - 53. 5. M/s. Kamdhenu Mess Co., Chanditala, P.O. New Alipore, P.S. Behala, Calcutta - 53. 11. We give the industries time till June 30, 1996 to make alternative arrangement and relocate themselves. We direct that the above-mentioned five industries shall not operate and function on the existing location with effect from July 1, 1996. We direct the District Magistrate and the Commissioner of Police of the area to have the above mentioned five industries closed w.e.f. July 1, 1996. 12. We direct that the above-mentioned five industries shall not operate and function on the existing location with effect from July 1, 1996. We direct the District Magistrate and the Commissioner of Police of the area to have the above mentioned five industries closed w.e.f. July 1, 1996. 12. We are giving three month's time to these industries so that they can approach the authorities for alternative sites. We have no doubt that the Government of West Bengal through the SEcretaries concerned and the West Bengal Industrial Development Corporation shall render all possible assistance to these industries in finding the alternative plots. 13. A copy of this order be sent to the District Magistrate, Deputy Commissioner and the Commissioner of Police of the area concerned. 14. Mr. M.C. Mehta has been assisting this Court during all this period. We place on record our appreciation for Mr. Mehta for the valuable assistance rendered by him. We direct the State of West Bengal to pay a sum of Rs. 50,000/- to Mr. Mehta for rendering services to this Court in this case. This may be done within four weeks. 15. The Petition be listed on July 12, 1996 to consider the status report to be filed by the West Bengal Pollution Control Board.