JUDGMENT : Item 'A' 1. This Court on February 2, 1996 passed the following order: "This Court in the order dated 28th July, 1995 noted the request of Mr. Chakraborty, Member Secretary, Central Pollution Control Board to the effect that it is necessary to set up an Environment Surveillance Squad in each of its zonal offices in the country. He undertook to send a proposal to the Ministry of Environment within one week of the order. We are informed that this was done. We further directed the Ministry to examine the proposal and pass directions in that respect expeditiously. We are informed that till date the necessary surveillance Squad has not been sanctioned/provided to the Board. Needless to say that the Central Pollution Control Board has to inspect and keep surveillance on various polluting industries throughout the country. We are of the view that it is necessary that the Board would have Environment Surveillance Suad. Despite our order dated July 28, 1995 and Subsequent orders the needful has not been done. We direct Mr. N.R. Krishnan, Secretary, Ministry of Environment and Forests to have this matter examined and finalised within four weeks of the receipt of this order. He shall further file affidavit of a responsible officer in this respect in this Court. List the matter on 15.3.1996". 2. No affidavit has been filed any officer of the Ministry of Environment and Forest as directed by us. Before we take any stringent action in this matter, we give one week's time to Mr. N.R. Krishnan, Secretary Ministry of Environment & Forest to give his response. Item 'B' 3. Pursuant to this Court's order dated February 2, 1996, an affidavit has been filed on behalf of the Bihar State Pollution Control Board. The Board has filed its status report regarding the Patratu Thermal Power Station (Power Station). A statement of facts regarding efforts made by the Power Station in the construction of temporary/permanent pollution control devices has also been filed. Despite various orders passed by this Court from time to time, the Power Station is still generating pollution. The Board has filed its status report regarding the Patratu Thermal Power Station (Power Station). A statement of facts regarding efforts made by the Power Station in the construction of temporary/permanent pollution control devices has also been filed. Despite various orders passed by this Court from time to time, the Power Station is still generating pollution. The Board's report indicates that so far as the Russian side of the Power Station is concerned, the discharge includes drainage from PTPS units and the suspended solids in the discharge have been found to be 5710 mg/L as against the limit of 100 mg/L. Oil and grease was found to be 498 mg/L as against the limit of 5 mg/L. It is stated by learned counsel appearing for the Power Station that because of the obstruction from the people living around the area, the construction of the permanent pollution control devices could not be undertaken. He further states that necessary police help has not been provided by the State. 4. The Board's report indicates that even the temporary pollution control devices for controlling pollution is not operating effectively. Despite imposing Rs. 2,00,000/- (two lakhs) as fine and despite issuing Contempt Notice twice to various authorities of the Power Station and the Bihar Government, no progress is being made. We give last opportunity to the General Manager, Superintending Engineer and other officers of the Power Station and also the Deputy Commissioner, Hazaribag and the Home Secretary, Bihar to make concerted efforts and have the construction of the pollution control devices expedited. We direct the Deputy Commissioner, Home Secretary, Bihar and the Superintendent of Police of the area to provide adequate Armed Police to the Power Station so that the work of the construction can be undertaken. We adjourn the hearing of this case to July 12, 1996. The Superintending Engineer of the Power Station and the Deputy Commissioner of the area shall file affidavit indicating compliance of this order. Copy of this order be sent to all authorities concerned within one week. Item 'C' 5. The Central Pollution Control Board has submitted its report regarding M/s. Magadh Bone Fertilizers Ltd., Akbarpur Village, Patna. According to the report, three villages are located within one kilometre from Bone Mill. Copy of this order be sent to all authorities concerned within one week. Item 'C' 5. The Central Pollution Control Board has submitted its report regarding M/s. Magadh Bone Fertilizers Ltd., Akbarpur Village, Patna. According to the report, three villages are located within one kilometre from Bone Mill. According to the Board, the Bone Mill at such a close vicinity from the Human population will only create nuisance and health problems for the people of the area. The Mill should be located at least 2 kms. away from human settlement. Mr. Arun Jaitley, learned counsel appearing for the mill states that the Pollution by way of smell, if any, can be further curtailed by raising boundary wall and by construction of new pucca shed. The Central pollution Control Board may take into consideration this aspect of the suggestion and give its response within two weeks from today. 6. So far as M/s. Glue and Chemicals owned by the same Management is concerned, Mr. Jaitley states that the same is closed and there is no likelihood of being re-opened in the near future. To come up after two weeks. Item 'F' 7. The Central Pollution Control Board may submit status report regarding M/s. Dugdh Utpadak Sahkari Sangh, Raibareilly, U.P. within three weeks from today. The amount of pollution fine paid by various polluting industries/units deposited with the Registrar of this Court already stands deposited in the UCO Bank. We direct that the amount be converted into Fixed Deposit in the name of the Registrar General of this Court for a period of three months. 8. This Court on March 15, 1996 passed the following order: "Pursuant to this Court's order dated February 16, 1996, the West Bengal Pollution Control Board has placed on record an affidavit of Ms. Biswajit Mukherjee. Mr. P.K. Mullick, learned counsel appearing for M/s Surindra Khanij industries states that he would file an affidavit on behalf of his client within one week from today. He may do so. Mr. Raj Kumar, learned counsel appearing for Nagrik Manch states that so far as the workmen suffering from occupational diseases are concerned they are not being given any medical help by the State of West Bengal. We direct the Secretary, Health, State of West Bengal and Director, Health Services, State of West Bengal to render all possible help to the workmen who are suffering from occupational diseases. We direct the Secretary, Health, State of West Bengal and Director, Health Services, State of West Bengal to render all possible help to the workmen who are suffering from occupational diseases. The list of such workmen is enclosed as annexure(I). The Director, Health Services shall depute a team of Doctors to contact these workmen and render all necessary help. List the matter on March 29 1996". 9. Mr. Raj Kumar, learned counsel appearing for workmen - Nagrik Manch states that the Director, Health services has not sent any doctor to contact the workmen and treat them. We are, prima facie, of the view that the Secretary, Health West Bengal and Director, Health Services, West Bengal have violated the orders of this Court. We are, however, not inclined to take any action against these two officers as at present. Copy of this order be sent to the officers concerned by the Registry within two days, stating that the order dated March 15, 1996 be complied with immediately. The Director, Health Services, West Bengal shall file an affidavit in this Court within four weeks, indicating the extent of medical help rendered by him to the workmen suffering from occupational disease. We further direct the Nagrik Manch through its counsel Mr. Raj Kumar to depute a person to approach the Director of Health Services for obtaining necessary medical help. 10. Mr. M.C. Mehta v. Union of India & Others, Writ Petition (Civil) No. 3727 of 1985 is pending and is being monitored by this Court from time to time. The letter dated March 28, 1995 was addressed to this Court by the General Secretary, West Bengal Unit INTUC and various other Labour Organisations, indicating that a large number of workmen were suffering from occupational disease called Byasionasis. This Court by Order dated July 21, 1995 directed the West Bengal Pollution Control Board to get in touch with the Unions/Authorities concerned and find out the details of the suffering workmen. The Pollution Control Board has filed its report. This Court on February 16, 1996 passed the following order: "Mr. Biswajit Mukherjee has filed a report on behalf of the West Bengal Pollution Control Board. It is stated in the report that 20 (twenty) workmen have died from occupational diseases. These workmen worked in the industry called M/s. Surendra Khanij, Chinchugeria, Jhargram, Midnapore, West Bengal. This Court on February 16, 1996 passed the following order: "Mr. Biswajit Mukherjee has filed a report on behalf of the West Bengal Pollution Control Board. It is stated in the report that 20 (twenty) workmen have died from occupational diseases. These workmen worked in the industry called M/s. Surendra Khanij, Chinchugeria, Jhargram, Midnapore, West Bengal. The list of the workmen is given in Annexure 'C' at page 18 of the Report. It is also stated that 12 (twelve) workmen named in Annexure 'C' at page 19 are suffering from occupational diseases. They are also working with M/s. Surendra Khanij industries (P) Ltd. We direct the West Bengal Pollution Control Board to send copy of this order to the industry within one week from today. We direct the industry to file its affidavit in this Court giving its response and comments to the facts brought out in the report of the Board. This may be done within three weeks from today. We direct the Superintendent of Police to extend all help to the Pollution Control Board to comply with this Court's order. We further direct the West Bengal Pollution Control Board through Secretary, Labour to file an affidavit in this respect responding to the communication dated August 28, 1995 addressed to the Secretary by the Board. List on March 15, 1996. The matter regarding the condition of workers in coal-mines stone crushing units, textile industries, asbestos handling units, jute industries etc. shall be taken up on February 23, 1996". 11. The West Bengal Pollution Control Board in its report dated October 17, 1995 stated as under: "In respect of the stone crushing units, the State Board has already issued notices upon all the units (as per list supplied by District Authorities) in the State of West Bengal and incident of death from Surendra Khanij has been reported to the State Board through a Science Club as well as by the Nagrik Manch. The District Magistrate had also been requested to submit his views and the District Magistrate, Midnapore has also confirmed that a number of workers had died due to the environmental pollution from Surendra Khanij situated at Chinchurgeria, Jhargram, Midnapore and some labourers are still suffering from occupational disease. The District Magistrate had also been requested to submit his views and the District Magistrate, Midnapore has also confirmed that a number of workers had died due to the environmental pollution from Surendra Khanij situated at Chinchurgeria, Jhargram, Midnapore and some labourers are still suffering from occupational disease. List of the workmen died and are still suffering from the occupational diseases from the said unit is enclosed herewith as Annexure 'C' which is received from Science club and Nagarik Manch". 12. The list and particulars of the workmen who are stated to have died from occupational diseases while in the service of Surinder Khanij Industries (P) Ltd. is as under: SI. Name of the person No. who died Age in years Date of birth Father/husband's Name. Period of Employment 1. Kanai Murmu 38 June, 1992 Late Kanka Murmu (Fa) 1988-'91 2. Fari Hansda (F) 16 June, 1992 Sri Matal Hansda (Fa) 1988-'91 3. Sukhi Baskay(F) 22 Jan, 1993 Sri Fuka Baskay (Fa) 1989-'91 4. Sembari Baskay (F) 28 Feb, 1993 Sri Kanu Baskay (Hu) 1989-'91 5. Gopal Hansda 25 Aug. 1991 Sri Sukhlal Hansda (Fa) 1988-'92 6. Lachman Hansda 16 Sept.1991 Sri Matal Hansdsa (Fa) 1991-'93 7. Dukhu Hansda 45 Sept. 1991 Late Ram Hansda (Fa) 1992-'93 8. Dala Hansda 16 Oct. 1991 Late Dukhu Hansda (Fa) 1988-'90 9. Luski Mandi (F) 25 Janu. 1991 Sri Sambhunathmandi(Hu) 1988-'91 10. Binoy Handa 02 March, 1992 Sri Jammu Hansda (Fa) CHILD 11. Kama Mandi 50 Aug. 1992 Late Daso Mandi (Fa) 1989-'91 12. Ram Hansda 22 April, 1992 Late Dukhu Hansda (Fa) 1988-'91 13. Fulmoni Mandi(F) 25 Oct., 1993 Sri Mandal Mandi(Fa) 1989-'91 14. Bandal Murmu 40 May, 1994 Late Joyram Murmu (Fa) 1989-'91 15. Sona Murmu 25 Jan, 1994 Late Joyram Murmu (Fa) 1988-'90 16. Ramesh Mandi 29 Jan, 1993 Sri kunu Mandi (Fa) 1988-'90 17. Kanai Soren 36 Dec, 1992 Sri Pradhan Soren 1988-'91 18. Champai Hembram 30 August, 1993 Sri Masang Hembram (Fa) 1988-'92 19. Shukantala Mahata (F) 32 Dec. 1994 Sri Raian Mahata (Fa) 1989-'91 20. Rebati Mahata (F) 32 March, 1993 Latge Sudhir Mahata (Fa) 1989-'91 The list of 12 persons suffering from occupatioal diseases who were also stated to be working with the Surinder Khanij Industries (P) Ltd is as under: SI. Shukantala Mahata (F) 32 Dec. 1994 Sri Raian Mahata (Fa) 1989-'91 20. Rebati Mahata (F) 32 March, 1993 Latge Sudhir Mahata (Fa) 1989-'91 The list of 12 persons suffering from occupatioal diseases who were also stated to be working with the Surinder Khanij Industries (P) Ltd is as under: SI. Name of the person who No. are suffering Age in years Father's/Husband's Name Name of the hospital where they are being treated Period of employment 1. Sushil Murmu 30 Late Kunhun Murmu Jhagram S.D. Hospital 1988-91 2. Ratan Hembram 29 Sri Kalicharan Hembram (Fa) Jadavpur T.B. Demonstration & Trg. Centre, Medical College Hospital (24.11.93 to 05.06.95) 1988-92 3. Sankro Hansda 35 Sri Manik Mansda (Hu) Jhargram Hospital 1990-92 4. Saraswati Makata 40 Late Lachman Mahata (Hu) No treatment 1990-92 5. Rabi Mahata 33 Late Dhiren Mahata(Fa) Dr. Prattush Kar Jhargram 1989-92 6. Panchanan Mahata 42 Late Dhiren Mahata(Fa) No treatment 1991-92 7. Nanda Mahata 39 Late Bhuchung Mahato (Fa) No treatment 1991-92 8. Balram Hansda 38 Late Sasa Hansda No treatment 1989-91 9. Rupchand Mandi 40 Late Srinath Mandi No treatment 1988-91 10. Silabatui Murmu (F) 20 Sri Duma Murmu No treatment 1988-90 11. Laxman Hansda 25 Sri Matal Hansda (Fa) No treatment 1988-90 12. Jumu Hansda 22 Sri Sukhlal Hansda (Fa) No treatment 13. We direct the Labour Commissioner, West Bengal, Calcutta to hold an enquiry to find out as to whether the workmen listed above were working (those who are stated to have died and those who are living and suffering) with the Surindra Khanij Industries, Chinachurgeria Jhargram, Midnapur. The Labour Commissioner shall further indicate whether the workmen in fact suffered from occupational diseases as a result of the pollution generated by the Stone- crusher units. The Labour Commissioner shall hold the enquiry himself or he can entrust the same to any other equally responsible officer, who shall complete the enquiry within two months from the receipt of this order and send a report to this Court. The West Bengal Pollution Control Board through a responsible officer shall assist the Commissioner in the enquiry. Needless to say that the Commissioner shall also give an opportunity to the industries concerned and the representative of the workmen including Nagarik Manch. We direct the Pollution Control Board to hand over the copies of its reports to the Labour Commissioner. 14. The West Bengal Pollution Control Board through a responsible officer shall assist the Commissioner in the enquiry. Needless to say that the Commissioner shall also give an opportunity to the industries concerned and the representative of the workmen including Nagarik Manch. We direct the Pollution Control Board to hand over the copies of its reports to the Labour Commissioner. 14. The West Bengal Pollution Control Board has placed its report dated March 26, 1996 on record. At page 72, a list of all categories of industries who have pollution hazards, has been given. The Pollution Control Board has issued notices to all the industries belonging to the 68 categories mentioned at pages 72-74, directing the industries to install the necessary pollution control devices within a reasonable time. Needless to say that in the event of failure to comply with the directions, the Board may take action in accordance with law. The Board shall file after every two months the progress report in this respect. The Member Secretary, West Bengal Pollution Control Board may contact the All India Institute of Hygiene & public Health at Calcutta to find out whether it would be possible for the Institute to conduct research and prepare a report in respect of occupational disease suffered by the workmen working in various industries. M/s Pachkari Ghosh & Sons (P) Ltd. 166, Belilions Road, Howrah. 15. We give time upto 31 March, 1996 to the industry to deposit the fine imposed by this Court. (1) M/s. Atta Iron Foundary 171, G.T. Road, Salkia, Howrah - 3. (2) Govardhan Das P.A. (Calcutta), P280/5, Benaras Road, Howrah - 8. (3) M/s. Hiralal Mondal, 7, Baishanab Para Lane Khurut, Howrah- 1. 16. According to the Report filed by the Central Pollution Control Board, the above mentioned three industries have installed temporary pollution control devices. We suspend the closure order in respect of these industries till further orders. (1) Bandel Thermal Power Station under West Bengal State Electricity Board, Tribeni, District Hooghly. (2) Santaldih Thermal Power Station under West Bengal State Electricity Board, Purulia. 17. The West Bengal Pollution Control Board has filed its report regarding the above mentioned two Thermal Power Stations. 18. So far as Bandel Thermal Power Station is concerned, it has taken all positive measures in respect of reduction of pollution both in respect of water and air excepting Unit No.1, which has been closed. 17. The West Bengal Pollution Control Board has filed its report regarding the above mentioned two Thermal Power Stations. 18. So far as Bandel Thermal Power Station is concerned, it has taken all positive measures in respect of reduction of pollution both in respect of water and air excepting Unit No.1, which has been closed. The report indicates that Santaldih Thermal Power Station has not set up pollution control devices to the satisfaction of the Board. The report indicates as under: "Parametres: Permissible limit Present findings PH 6.5 to 8.5 8.97 T.S.S. mg/1. 100 13,374 C.O.D. mg/1. 250 604.80 Oil & Grease mg/1. 20 4.00 Mercury mg/1. .01 .004 Zinc mg/1. 1.00 Not traceable Cromium (total)mg/ 2.00 Not traceable Cyanide mg/1. .20 0.23 Phosphate mg/ 1. 5.00 14.06 Iron (total) 1.00 2.5 19. Despite repeated orders of this Court, the power station has not been able to set up pollution control devices to the satisfaction of the West Bengal Pollution Control Board. Although this industry is liable to be closed, but keeping in view its public utility, we restrain from doing so. We, however, impose Rs. 1,00,000/- (Rs. one lakh) as pollution fine to be paid by the Santaldih Power Station, West Bengal, within one month from the receipt of this order. The Pollution Control Board shall communicate this order to the Power Station. We give further 8 weeks' time to the Power station to set up the pollution control devices to the satisfaction of the Pollution Control Board. M/s. Suraj Paper & Board Mill, Gagalheri, Distt. Saharanpur, U.P. 20. M/s. Suraj Paper & Board Mill, U.P. was closed under the orders of this Court. Learned counsel appearing for the industry states that pollution control devices have already been installed. This has been verified by the Central Pollution Control Board. We suspend the closure order in respect of this industry for a period of ten weeks to enable the Board to inspect the pollution control devices in working condition and file a status report in this Court.