B. C. PATEL, J. ( 1 ) THIS application is preferred by Deepak Nitrite Limited inter alia praying that the applicant unit be permitted to recommission/restart the additional capacity plant in the Nitro Aromatic Division on such condition as may be deemed just and proper. In view of the urgency shown by the Company, the permission was granted but it was made clear in our order dated 29. 1. 1997 that after the details are furnished by the Company, an order for payment of one per cent of the turnover of the Company will be passed, as similar orders are being passed since August, 1995 in case of many such industries, including the polluting industries in Baroda District, where the Applicant Company is carrying on its manufacturing activities. ( 2 ) THE Company has placed before us the figures of turnover. According to that for the year 1993-94, the sale was to the tune of Rs. 6377. 41 lacs, for the year 1994-95 it was to the tune of Rs. 8341. 97 lacs and for the year 1995-96 the turnover was Rs. 8668. 56 lacs. The maximum turn over is for the year 1995-96 and as per the principle applied in all matters, in view of the decision in the case of Pravinbhai J. Patel vs. State of Gujarat, 1995 (2) GLR 1210 , the Unit is required to pay Rs. 86,69,000/- towards compensation and betterment of environment on the turnover of 1995-96 being the highest annual turnover out of the last three years. ( 3 ) EARLIER the learned Counsel for the Unit has argued the matter and at the conclusion of his submissions, with vehemence learned Counsel submitted that the Unit is not liable to pay any compensation as in part no breach of any parameters prescribed by the Gujarat Pollution Control Board (for short hereafter referred as GPCB) has been committed by the Unit. Learned Counsel, without admitting past pollution caused by the unit submitted that an amount of Rs. 30 lacs in lumpsum will be paid by the unit for betterment of environment. We thought it fit to direct the GPCB to place on record the report of analysis. The data of the analysis reports are as under : Sr. no. Date of Collection of sample Permissible : PH 6. 5 to 8. 30 lacs in lumpsum will be paid by the unit for betterment of environment. We thought it fit to direct the GPCB to place on record the report of analysis. The data of the analysis reports are as under : Sr. no. Date of Collection of sample Permissible : PH 6. 5 to 8. 5 S. S 100 TDS 5000 BDD 100 COD 250 NH3n 50 Oil and grease 10 Phenolic compound 1. 00 1 2 3 4 5 6 7 8 9 10 1. 15. 2. 94 8. 98 130 4426 150 848 403 7 1. 00 2. 11. 7. 94 7. 97 4. 0 4756 141 374 270 33 0. 22 3. 14. 10. 94 7. 03 112 7662 122 390 148 02 0. 72 4. 30. 11. 94 4. 68 54 5186 115 232 96 2. 4 - 5. 05. 1. 95 7. 59 362 2508 23 77 28 03 - 6. 20. 5. 95 7. 74 140 5254 78 272 33 12 - 7. 27. 5. 96 8. 07 12 4340 73 133 76 2. 0 - 8. 31. 7. 95 8. 19 122 3198 58 264 96 09 - 9. 20. 9. 95 8. 91 326 7298 33 450 68. 9 7 10. 28. 9. 95 7. 75 130 6038 81 495 98 8 - 11. 13. 11. 95 7. 93 336 9014 34 238 96. 3 3 - 12. 31. 1. 96 8. 89 46 3646 81 281 109 7 - 13. 27. 3. 96 7. 89 22 5178 116 204 46 3 - 14. 27. 5. 96 8. 07 12 4340 73 133 76 2 - 15. 03. 9. 96 8. 44 118 3912 84 299 140 9. 2 - 16. 5. 11. 96 7. 58 300 5086 65 385 168 6. 8 - 17. 27. 12. 96 8. 18 100 3540 115 273 56 5. 2 - 18. 27. 12. 96 7. 45 94 4002 135 362 95. 2 4. 4 - 19. 27. 12. 96 4. 14 154 3578 100 194 16. 8 4. 6 - 20. 9. 1. 97 7. 42 30 4838 25 111 28. 0 1. 2 21. 18. 1. 97 7. 64 102 4174 150 273 3. 36 3. 2 underline shows breach of norms and extent. Solitary report indicating no breach. 2 4. 4 - 19. 27. 12. 96 4. 14 154 3578 100 194 16. 8 4. 6 - 20. 9. 1. 97 7. 42 30 4838 25 111 28. 0 1. 2 21. 18. 1. 97 7. 64 102 4174 150 273 3. 36 3. 2 underline shows breach of norms and extent. Solitary report indicating no breach. Out of 21 sample analysis, from 1994 to 1997, only on one occasion the unit has met with the norms and that too for the samles collected on 9. 1. 1997 and thus, all these years, the Unit was manufacturing products in violation of pollution control laws. The unit has been consuming 12 lakh litres of water and discharging 9. 80 lakh litres of industrial effluent of the above quality (GPCB inspection report dated 18. 1. 1997.) ( 4 ) IN the application, it is stated that the Company had already installed Nitro Cresol recovery plant. Representatives of the NEERI seem to have pointed out that though the colour found in the effluent was within the prescribed limit (at the relevant time), additional burden of the additional plant may result in colour parameter not being met with and suggested that additional plant should be comissioned only after the new larger capacity carbon treatment plant is commissioned. In CA No. 2949/97, the unit has submitted that it has carried out certain jobs to achieve the norms and "nox" emission is within the norms. Shri R. V. Shah, Environmental Engineer of the GPCB has pointed out in his affidavit dated 4. 3. 1997 that the unit was granted consent in the year 1993 which was valid upto 30th September, 1994. After the expiry of the consent in 1994, the period was extended on trial basis only for a period upto 31. 3. 1996 on the terms laid down earlier. It is pointed that the stack analysis report of September, 1995 did not conform to the norms prescribed by the GPCB, and therefore, vide order dated 28. 11. 1995, the consent has been refused to the unit. Again an application was made for consent. Sample from stack was also taken for which analysis report of 21. 5. 1996 indicates that the norms prescribed by GPCB were violated ,and, therefore, consent was refused by letter dated 30. 11. 1996. It is pointed out that on further visit on 12. 2. Again an application was made for consent. Sample from stack was also taken for which analysis report of 21. 5. 1996 indicates that the norms prescribed by GPCB were violated ,and, therefore, consent was refused by letter dated 30. 11. 1996. It is pointed out that on further visit on 12. 2. 1997, the sample was taken from the stack, "nox" emission shown as 246. 5 which is much higher than prescribed norm of 25. It is further pointed out that the norm with regard to Nitric Acid has been also violated. Thus, considering the affidavit and the reports it is very clear that the learned counsel is not justified in stating before the Court that the unit has committed no breach of pollution laws. ( 5 ) THE Counsel seems to have made the statement earlier under incorrect information supplied to him. It would have been better for the advocate concerned to verify the information which is supplied to him by the client. He submitted that the industry must run irrespective of the fact whether the norms prescribed by the GPCB are satisfied or not and that no action should be taken as now the Unit has already taken steps to see that the trade effluent and air emissions are within the norms prescribed by the provisions of law. ( 6 ) IT is suprising that though the Unit is claiming to have a treatment plant right from inception yet the results have indicated that the effluent which was discharged by the unit, was not according to the norms prescribed by the GPCB. Therefore, it is clear that 5 either the plant was not operated as it ought to have been operated for achieving the norms or the same was not functioning properly. The underlined figures of the analysis results indicate that the same was not functioning as it ought to have functioned so as to bring the parameters within the prescribed limits. ( 7 ) THE Unit was inspected by NEERI and it submited its first report on 31. 10. 1996. Perusing the report as a whole, it is clear that the results of stack emissions were not even as per the standard laid down by the GPCB. Nitrogen Oxide and Sulphur Dioxide, as indicated in the Report of NEERI, were much more on the higher side. 10. 1996. Perusing the report as a whole, it is clear that the results of stack emissions were not even as per the standard laid down by the GPCB. Nitrogen Oxide and Sulphur Dioxide, as indicated in the Report of NEERI, were much more on the higher side. About the effluent neeri has also opined after analysis of the effluent, that the treated effluent does not conform to the prescribed limits of the MEF and GPCB for inland surface water discharge with reference to colour, SS, TDS, BOD, COD, Kheldhal nitrogen, ammonia nitrogen and nitrate. ( 8 ) THE observations made by NEERI are as under :"storm water drains are being used to convey the wastewater to ETP. No provision exists for removal of emilsified oil in the ETP. The existing ETP. s for Nitrite/nitrate and Nitro Aromatic Divisions of M/s dnl have not been designed on scientific basis. The treated effluent, being discharged into GIDC- EC, does not conform to the limits prescribed by the MEF and GPCB with reference to the following parameters :- Colour - Suspended solids - TDS - BOD - COD - Kjeldhal nitrogen - Ammonia nitrogen - Nitrates. The inspection team observed that there was no mixing facility in the equalization basin. The sludge drying beds were empty at the ETP of Nitrate/nitrite Division during inspection, while the sludge drying beds were full at the ETP of Nitro aromatic Division. No information was provided by the industrys management to the inspection team regarding the disposal of sludges. SPM concentration in the ambient air within the industry premises does not conform to the limit prescribed by the GPCB. The stack emissions with reference to NOx and SO2 do not conform to the limits prescribed by the GPCB. " ( 9 ) IT is also pointed out by NEERI on analysis of stack emissions that Ambient Air quality does not meet the GPCB standards for SPM and stack emissions do not meet the gpcb for NOx and SO2. 6 ( 10 ) SO far as water consumption and wasted water generation is concerned NEERI has observed as under :consumption wastewater generationm/s Deepak Nitrite Ltd. Nitro Aromatics. 850 m/d 685 m/d 367 m/d 460 m/d1535 m/d i. e. , i. e. , 15,35,000 litres per day 826 m/d 8. 27,000 litres per day. 6 ( 10 ) SO far as water consumption and wasted water generation is concerned NEERI has observed as under :consumption wastewater generationm/s Deepak Nitrite Ltd. Nitro Aromatics. 850 m/d 685 m/d 367 m/d 460 m/d1535 m/d i. e. , i. e. , 15,35,000 litres per day 826 m/d 8. 27,000 litres per day. NEERI has suggested in this behalf as under :"physico-chemical treatment system for recycle and reuse of treated effluent is warranted for wastewater generated from the units of M/s DNL based on scientific treatability studies. " ( 11 ) SO far as hazardous waste is concerned NEERI has observed :"good sludge and wasted oil storage practice were not observed during the inspection period. Scientifically designed storage facilities must be constructed in consultation with the GPCB. The solid wastes generated by the industry fall under the categories 11 and 12 of the hazardous wastes of the MEF Guidelines as per the Notification No. 465 dated July 28, 1989 published in the Gazette of India, Part II Sec. 3, sub-sec. (ii ). These sludges must be collected, stored, transported and disposed of/utilized, including scientific leachate management, in consultation with the GPCB. " ( 12 ) NEERI again inspected the Unit and submitted its 2nd Report on January 15, 1997. Its observations are as under :"storm water drains are being used to convey the wastewater to ETP. The treated effluent from Nitrite/nitrate plant of M/s. DNL does not conform to the prescribed limit of the GPCB with respect to chlorides (GPCB ). The other parameters are within the limits prescribed for marine coastal areas discharge. The treated effluent from Nitro Aromatic Division of M/s DNL does not conform to the limits prescribed by the MEF and GPCB with respect colour (GPCB), SS, BOD, COD, Chlorides, (GPCB), and NH3-N. The final treated effluent does not conform to the prescribed limits of MEF and GPCB for marine coastal area discharge with respect to BOD, COD, chlorides (GPCB) and NH3-N. Conclusion : the solid wastes generated by the industry fall under the category 12 of the hazardous wastes of the MEF Guideliness as per the Notification No. 465 dated July 28, 1989 published in the Gazette of India, Part II Sec. 3, Sub-sec. (ii ). These sludges must be collected, stored, transported and disposed of/utilized, including scientific leachate management, in consulation with the gpcb. (ii ). These sludges must be collected, stored, transported and disposed of/utilized, including scientific leachate management, in consulation with the gpcb. "7 thus, reading the reports submitted by NEERI and by GPCB which we have referred to it is clear that there has been flagrant violation of pollution laws. 12a. The learned Counsel for the unit submitted that when the unit is discharging its effluent into Effluent Channel Project run by the GIDC which ultimately sends the effluent from all the industries in the area to the Gulf of Cambay (Khambhat) through a 55 km. long pipeline, no damage is being caused to land or to any person. ( 13 ) IN this connection, it is necessary to refer to the affidavit of R. C. Shah, environmental Engineer of GPCB in CA No. 5132 of 1996 in Spl. C. A. No. 2922/95 pointing out that for industries discharging effluent into ECP, relaxed norms or marine norms are applied on the basis that effluent will go to the sea, but as a matter of fact, it is found that on account of acute shortage of ground water, the farmers cultivating agricultural lands in areas abutting the above channel pipeline are making use of the above effluent for irrigation purposes. ( 14 ) IT is pointed out in the above affidavit of Shri R. C. Shah, Environmental Enginer of Gujarat Pollution Control Board (in CA No. 5132/96 in SCA 2922/96) the TDS standards in any case have been prescribed as 2100 mg/1. It is pointed out that so far as tds is concerned, it is hazardous to relax such standards for simple reason that the said effluent is consumed for irrigation and human consumption in transit before it reaches sea. The effluent with more TDS is responsible for causing kidney stone and if it used in agriculture, it adversely affects fertility of the land. Therefore, even its consumption in transit, is required to be prohibited. It is noticed by the officers of the GPCB that number of farmers utilise this effluent for agricultural purpose while it is in transit starting from tanora village to "j" point near village Saroj, Dist. Bharuch. It was also noticed that about 60 Diesel pump sets were utilized for the purpose of drawing the water from the pipeline eventhough notice board is erected/placed specifically stating that his effluent is not useful for agricultural purpose. Bharuch. It was also noticed that about 60 Diesel pump sets were utilized for the purpose of drawing the water from the pipeline eventhough notice board is erected/placed specifically stating that his effluent is not useful for agricultural purpose. It seems that farmers, having no other alternative to get water, are utilising the effluent for agricultural purpose. ( 15 ) AT this stage, it would also be useful to refer to survey carried out by the Gujarat ecology Commission recommending giving priority to ecological restoration of degraded lands, degraded water bodies and depletion of bio-diversity, inter alia, in Baroda and bharuch District, particularly between the river Mahi and the river Narmada. It is pointed out by the Commission in its status report published in February, 1997 that the maritime history of Gujarat provides a glimpse of the past prosperity of the area around the Gulf of khambhat. The spread of agriculture and animal husbandry became the major determinants for the growth of human population in this regiqn. The abudance of water and alluvium brought by several rivers draining through this region and extensive biotic resources of the coastal zone provided the necessary support. Over exploitation of groundwater, neglect of inland fresh water bodies, heavy cutting of mangroves, etc. , and other human interventions, however, contributed to deterioration of overall environment quality. The natural balance thus got disturbed and the fallout has been increasingly stressed ecology and steady decline of productive potential of natural resources. In the process of degradation, a dominant role has been played by the spread of salinity affecting the basic resources of land water, vegetation and coastal regime. The increasing concentration of salinity within the region and its spread to the neighborhood has become a matter of major ecological concern for the State, especially at a time when large-scale developmental activities have been planned and are taking place. ( 16 ) PROFESSORS of Environmental Engineering and Sanitary Chemistry, in their book, 8 chemistry for Environmental Engineering (Fourth Edition) published by Mcgraw-Hill international Editions have discussed on water, waste water and water pollution, industrial and hazardous waste and air pollution and global environmental change. The book says that water is one of the materials required to sustain life and has long been suspected of being the source of much human illness. The book says that water is one of the materials required to sustain life and has long been suspected of being the source of much human illness. It was not until approximately 150 years ago that definite proof of disease transmission through water was established. For many years following, the major consideration was to produce adequate supplies that were hygienically safe. However, source waters (surface water and ground water) have become increasingly contaminated due to increased industrial activity. The public has been more exacting in its demands as time has passed, and today water engineers are expected to produce finished waters that are free of colour, turbidity, taste, oror, nitrate and harmful metal ions, and a wide variety of organic chemicals such as pesticides chlorinated solvents. Health problems associated with some of these chemicals include cancer, birth defects, central nervous system disorder and heart disease. Some gases such as carbon dioxide, water vapor, methane, chlorofluoro carbons, oxides of nitrogen and ozone absorb thermal radiation near the earth surface and are called greenhouse gases. The concentrations of these gases are increasing in the earths atmosphere due to human activities. Since they do trap heat trying to escape from the earth, they have the potential for warming the earth, a process sometimes called global warming. There is consensus that the concentrations of these gases are increasing beyond safe limits. ( 17 ) THE Commission undertook the study by covering some of the parts of six districts of Bharuch, Vadodara, Kheda, Ahmedabad, Surendranagar and Bhavnagar. Earlier the source of water was just adequate to meet the minimum needs but the same gradually came under stress from other competing demands from irrigation, industry and urban centres. So far as rainfall is concerned, the Commission examined various records and has found that between 1931 to 1960 rainy days were from 31. 2 days to 45. 3 days and from 22 to 38 days between 1960 to 1989 on an average basis. Thus, rainfall is not helpful. So far as the region between Narmada and Mahi is concerned, it is indicated that the quality progressively deteriorates towards the coast and the water table varies from 5 mtrs. to 50 mtrs. Water is drawn by open wells and by shallow tube wells, and, since there is no surface water source, ground-water is heavily exploited. Ground-water discharge does not indicate a happy picture. to 50 mtrs. Water is drawn by open wells and by shallow tube wells, and, since there is no surface water source, ground-water is heavily exploited. Ground-water discharge does not indicate a happy picture. It is observed by the Commission that from 1979 to 1991, extraction of ground-water has greatly increased. The safe limit of extractin is concerned as 65% of recharge. The limit was crossed in 1991 and in the subsequent years, with the increasing withdrawal trends. The ground-water has been overstressed, which results in lowering of water levels and progressive, deterioration of quality of ground-water. Overuse of such poor quality of water for irrigation results in increasing salinity of the agricultural land. Survey carried out by Gujarat Water resources Development Corporation indicates that in 1991 extraction was to the tune of 79. 68% and it is increasing day by day. It is pointed out by studying 12 years that there is overstress. In the area between Narmada and Mahi covering five talukas of Bharuch and baroda Districts, the extraction has increased from 24. 4% to 65. 6%. There is no canal water available, and the ground-water source has been over-stressed. In the area between mahi and Sabarmati covering four talukas of Kheda District, the extraction rate has increased from 35. 3% to 52. 6%. There is canal irrigation in major part of the area. In the west of Sabarmati covering four talukas of Ahmedabad District, the extraction has increased from 25. 6% to 65. 3%. So far as the water leval is concerned, seven tubewells in 9 three talukas of Bharuch and Vadodara Districts showed general lowering in the range of 5 to 13 mtrs. average being 7 mtrs. The area suffers from the problems related to overdrawal. In the three talukas of Ahmedabad there are ten tubewells under observation, and it is seen that within 12 years the water levels in tubewells have depleted in the range of 10 mtrs. to 54 mtrs. , average being 24 mtrs. This indicates excessively high rate of depletion and area suffers from problem of ground-water mining. In some parts of the area, there is canal irrigation of Fathewadi Irrigation Project. In spite of some positive influence by way of added recharge, overdraw situation is rather severe. ( 18 ) SOIL is the most valuable life-saving natural resource. The soil forming processess are influenced by geology, physiography, climate and vegetation. In some parts of the area, there is canal irrigation of Fathewadi Irrigation Project. In spite of some positive influence by way of added recharge, overdraw situation is rather severe. ( 18 ) SOIL is the most valuable life-saving natural resource. The soil forming processess are influenced by geology, physiography, climate and vegetation. The land around the Gulf of Cambay has been formed under marine influence and, therefore, the soils of the area have inherent salts in their composition. The changing environmental conditions and human interventions have caused increase in spread and concentration of soil salinity over the past several decades. It is seen that in the course of last three decades, the environment has fast degraded and the problem of soil salinity has got aggravated. The survey indicates that 19 talukas for which the study was undertaken, 54% of the area is salt affected area. From the studies undertaken, the Commission came to the conclusion that the salt affected areas in the study area has increased at an accelerated pace during the period from 1960 to 199. 3, though the area has increased from 1420 sq. kms. to 8301 sq. kms. during a period of first 15 years (1960 to 1975), the figures of 8301 by SAC (1975) and 8276 by Department of Agriculture (1980) have negligible difference. This difference in five years could be due to methodology used by different survey departments. Area affected by salinity thereafter increased progressively. The data of 1985, by experts committee, gives the figures of 8945 sq. kms. in 1986 as 11056 sq. kms. and further 12279. 12 sq. kms in 1973. This indicates a clear increase of salt affected areas. The picture placed is of only 19 talukas of six districts, and if survey is carried out all over Gujarat, it would have given possibly frightening figures. ( 19 ) ON account of shortage of natural resources, i. e. , shortfall of rain, ponds are dry/without water and there is no natural recharge. Water table has gone down and the industries are more responsible for disturbing the water table. Farmers, who are small landholders, are not capable to have their own tubewells and other agricultural equipments. Majority of the farmers have no irrigation facilities, even that of a well. Network of canal is not satisfactory in the State of Gujarat. Need of water increases on account of various factors. Farmers, who are small landholders, are not capable to have their own tubewells and other agricultural equipments. Majority of the farmers have no irrigation facilities, even that of a well. Network of canal is not satisfactory in the State of Gujarat. Need of water increases on account of various factors. Therefore, water has become a commodity not easily available as was available in the part. The industries, because of the resources available at their command, are drawing large quantity of water by use of tubewells and therefore, water level has gone down and complaints are received that already wells of farmers are empty. On account of this, underground table of water is affected adversely. It is necessary, therefore, that industries should recycle the water and by recycling method, they must save potable water. It is hoped that GPCB and appropriate authority will consider this question in proper perspective. ( 20 ) FUTURE scenario in view of the studies indicates that 83% of the study area will be total saline area by 2001. In view of development, and particularly of the industries, land is fast turning into poison. Vast area has turned into saline and figure is increasing day by day. This poses a serious question to the agriculturists and authorities responsible for supplying water to general public. The industries are drawing large quantity of water and the effluent which is being discharged is by and large complained by the citizens that the same is not meeting with the norms. GPCB reports to a large extent also supports the same 10 view. The Court has issued notices in several matters, calling upon GPCB to take effective measures so as to see that the effluent which is being discharged by the industries is according to the norms prescribed by GPCB. . ( 21 ) IN view of large quantity of potable water which is potable is used by the industries for industrial purpose, the time has come for GPCB and the State Government to direct the industries to recycle the trade effluent so as to save the ground-water level. It appears that for these reasons, the industries are requested by institution like NEERI and others to recycle the water and use the same. If it is made compulsory, then that would avoid several complications such as the one apprenhended by the Environmental Engineer which we have referred to hereinabove. It appears that for these reasons, the industries are requested by institution like NEERI and others to recycle the water and use the same. If it is made compulsory, then that would avoid several complications such as the one apprenhended by the Environmental Engineer which we have referred to hereinabove. If recycled water is used, it may help to certain extent to save the level of ground-water table. It is not pointed out to us any step being taken for recharging of the ground-water level by any industry, particularly, the industry using large quantity of water. The time has come for the State Government to think about making a provisions for recharge of ground-water level by the unit consuming water so that poor citizens may not suffer. ( 22 ) WHEN the industries are found using large quantity of water, and discharging the effluent not according to the norms, the industry appears to be not only responsible for increasing the salinity only by drawing the water, but is also responsible for degrading the land by discharging the trade effluent which is not meeting with the norms prescribed by the GPCB and playing with the health of the public at large. The question would have been different if the unit is drawing large quantity of water but is also treating the effluent and is discharging the same which can be safely used by farmer for irrigation. The industries drawing large quantity of water for industrial purpose and discharging the trade effluent in large quantity without meeting with the norms safe for irrigation purpose is not only responsible for salinity but also responsible for degradation of land. Therefore, such units must be asked to pay amount for betternent of environment. ( 23 ) THIS Court in the case of Pravinbhai Patel (Supra) in para 119, for striking a balance between the industrilization and ecology, has observed as under : 119. In our opinion, the object underlying the promulgation of the aforesaid acts relating to environment is essentially to achieve this balance between industrialization and ecology. The fact that industrialisations affects the air, water and other factors of environment, cannot be denied. What the three Acts provide is that the emissions into the air, the discharge of water by the industry and other forms of pollution are to be contained within permissible limits. The fact that industrialisations affects the air, water and other factors of environment, cannot be denied. What the three Acts provide is that the emissions into the air, the discharge of water by the industry and other forms of pollution are to be contained within permissible limits. In other words, the extent to which pollution can take place, is permitted or legalized. In laying down various parameters, the Government and the pollution Control Boards are expected to take into consideration not only the state of the industry, but also the extent to which pollution will be accepted by nature. For example, norms have been laid down under the Water act, which require various parameters to be achieved for the discharge of effluents. The permissible norms show as to what extent water can be permitted to be polluted. For instance, according to the said norms, the total dissolved solids of the effluent into river should not be more than 2,100 mg/l. The meaning of this is that the pollution which is caused by the industry would be permissible or tolerated upto 2,100 mg/l and no more. Therefore, it is in this way that balance is struck between industrialization and ecology. " ( 24 ) IN the aforesaid case is Pravinbhai Patel, decided on August 5, 1995, this Court had directed all the polluting industires in Ahmedabad to pay 1% of their turnover, out of 11 the highest turnover for the preceding two financial years. The principle for paying this 1 % amount as compensation for betterment of the environment and as compensation for the affected people and affected area is based on the sound principle "polluter pays" which is now firmly entrenched in Indian legal system as clearly evinced in a catena of decisions of the Honourable Supreme Court including the decision in the case of Vellore citizens Forum reported in 1996 (5) SCC 647 . ( 25 ) LOOKING to the large number of industries in large industrial estates and also at other places where industries are established, the affected people and those concerned for the environment would find it difficult, if not impossible, to point out the exact damage being caused by an individual unit. Once as industrial Unit is found to be violating the GPCB norms, it would follow that damage has been caused to the environment. Once as industrial Unit is found to be violating the GPCB norms, it would follow that damage has been caused to the environment. Now, if an individual inquiry were to be made in respect of each industrial unit as to which particular area of soil was damaged or which particular sub-stratum of underground water level was affected on account of the discharge of untreated or improperly treated industrial effluent, not meeting with the GPCB norms, either on account of percolation or on account of such effluent going on to the agricultural fields or into the water sources of the community, such inquiry would not lend itself to easy quantification in a Civil Suit for damages which would take years, if not decades, for final decision. On the other hand, in last two years, this Court has in a number of decisions applied the aforesaid formula of 1% of the turnover as compensation for the betterment of the environment and allied purposes in various industrial areas of Ahmedabad, Nandesari (where the present unit is situate ). Vapi and ankaleshwar and 1% of the highest turnover has been found to be the lowest common denominator as the figure for compensation. If such inquiry is held, we are sure that the extent of damage would be more than 1% as assessed. At this stage, we would also like to place on record that after the decision of this Court in the case of Pravinbhai (Supra) covering industrial units of Ahmedabad, the formula of quantifying 1% of the highest turnover as compensation for damage caused to the environment on account of violation of pollution control laws during the period prior to judicial cognizance has come to be wiely accepted even by the industries in Baroda, Bharuch, Surat and other districts of Gujarat. ( 26 ) IT may not be out of place to mention at this stage that the association of Narol textile Processors in Ahmedabad had prayed for a review of the directions contained in the judgment in the case of Pravinbhai (Supra) for paying 1 % of the highest turnover as compensation. The said review application was rejected by this Court, and ultimately, slp (Civil) No. 18043 of 1996 filed by the Association also came to be dismissed by the honourable Supreme Court on 16. 6. 1996. The said review application was rejected by this Court, and ultimately, slp (Civil) No. 18043 of 1996 filed by the Association also came to be dismissed by the honourable Supreme Court on 16. 6. 1996. ( 27 ) IN view of what we have stated hereinabove, we direct the unit to pay one per cent of its highest annual turnover of the last three years. It is directed that the unit shall pay Rs. 86,69,000/- being one per cent amount of turnover of Rs. 8668. 56 lacs (nearer figure is taken) being the maximum turnover for the year 1995-96. The unit is directed to pay this amount within a period of six weeks from today. ( 28 ) AS and when the amount is deposited by the unit, the Registry is directed to invest the amount in a Fixed Deposit with any nationalised Bank, initially for a period of 181 days, and the Registry shall go on renewing the deposit for further periods of 181 days, if no further orders are passed by the Court to the contrary. .