Indian Council for Envirolegal Action v. Union of India
1998-11-10
A.P.MISRA, SUJATA V.MANOHAR
body1998
DigiLaw.ai
JUDGMENT : Pursuant to our order of 12th May, 1998 and in accordance with the short term and long term action programmes submitted by it, the Central Pollution Control Board along with Andhra Pradesh Pollution Control Board has submitted a follow up action report indicating the measures taken so far jointly by the Central and State Pollution Control Boards. The report has dealt with short term and long term measures which were to be initiated during the period of the report. As per this report both the Boards have sought measures to stop unregistered tankers illegally dumping effluents at random sites, particularly in the night. These tankers are obviously causing great harm to the lands on which the effluents are dumped. To prevent such dumping of effluents and to ensure that effluents are sent to Effluent Treatment Plants, it is suggested that the State Pollution Control Board should maintain a register of the tankers which deliver effluents to ETPS. The register should also indicate from which industry or plant the effluent is carried and the ETP to which the effluent is to be delivered. We direct accordingly. It has also been recommended in the report that unregistered tankers, particularly, those which dump effluents illegally in unauthorised areas, should be confiscated so as to prevent such unauthorised dumping. For this purpose, learned counsel appearing for the State of Andhra Pradesh has agreed that the question of penalising such tankers or ordering their confiscation, wherever necessary shall be examined and appropriate Notification and/ or any other enforceable directions shall be issued to appropriate authorities by the State Government on or before 31st of December, 1998. The State Government shall submit a report on this question by the middle of January, 1999. The State Government shall also examine the question of introducing a manifest system for tankers as set out at page 5 of the joint report. 2. In our order of 5th of May, 1998 directions had been given for supply of drinking water to 15 villages which were identified in the report of the Central Pollution Control Board submitted in March, 1998. The State Government shall file a report about the supply of drinking water to these 15 villages on or before 15th of January, 1999. 3. The State Pollution Control Board shall pursue the project for providing a waste water pipeline of 18 Kms.
The State Government shall file a report about the supply of drinking water to these 15 villages on or before 15th of January, 1999. 3. The State Pollution Control Board shall pursue the project for providing a waste water pipeline of 18 Kms. which is referred to at page 9 of the Joint Report at Item No. 3. The State Government shall assist the State Pollution Control Board and the Hyderabad Metropolitan Water Supply & Sewerage Board in implementation of the said project. Since this is a part of long term action plan under our order of 12.5.98, a report on the progress of this scheme shall be submitted by the State Pollution Control Board jointly with the State of Andhra Pradesh by 15th of January, 1999. 4. In respect of the Jeedimetla Effluent Treatment Plant (JETP) a supplementary report on its functioning has been submitted by the Central Pollution Control Board as of October, 1998. Learned counsel appearing for JETP is agreeable to the recommendations made in the said report. The following directions are given as recommended in the said report: 1. There will be no new member and no additional industrial load from outside Jeedimetla area in the present CETP at Jeedimetla. 2. Neighbourhood concept and single membership issue shall be sorted out in consultation with other CETPs. 3. There will be periodic monitoring by the State Pollution Control Board of JETL effluent at the outlet of CETP; and in the event of violation, fines may be imposed as per norms fixed by the said Board. 4. The State Pollution Control Board, in consultation with JETL management, shall evolve a programme for gradual reduction of total dissolved solids either at individual industry level, or at combined level so as to ensure that the microbial activities at aeration land is not perturbed and also from the point of view of desirable limit in combined wastewater discharge at Amberpet sewage treatment plant, considering the beneficial uses of receiving water body (canal/river). 5. The State Board shall instruct the JETL management in proper storage of ETP sludge at their own premises till the common TSDF facility is developed. 5. The State Pollution Control Board shall maintain routine surveillance of the functioning of the said plant and may submit a report whenever any directions are required.
5. The State Board shall instruct the JETL management in proper storage of ETP sludge at their own premises till the common TSDF facility is developed. 5. The State Pollution Control Board shall maintain routine surveillance of the functioning of the said plant and may submit a report whenever any directions are required. It is made clear by learned counsel for JETP that in view of the second direction contained herein regarding sorting out of the single membership issue and neighbourhood concept with other such plants under the supervision of the State Pollution Control Board, the show cause notices which they have issued to those industries which do not conform to neighbourhood concept will be kept in abeyance for the time being in consultation with the State Pollution Control Board. However, this is subject to our direction that there will be no new members and no new industrial load from outside Jeedimetla area in the present CETP at Jeedimetla. The report on single membership issue and neighbourhood concept shall be submitted by JETP jointly with the State Board by 15th of May, 1999. 6. On the question of compensation to be paid to farmers whose lands have been affected by the discharge of effluents for the years 1997 and 1998, the District Judge shall submit a further report stating the compensation which is required to be awarded village use for these two years. The District Judge shall also frame guidelines for the recovery of compensation from the concerned industries, if not already framed as per our earlier order. In the report he shall also give credit in the amount already distributed for these two years and shall state the balance amount which requires to be distributed. Such report shall be submitted by 15th of May, 1999. When the report is submitted the office shall furnish a copy of the report to the Central Pollution Control Board for its comments, particularly, in relation to industries which have failed to carry out directions given by it or by any other authority for pollution control. 7. The Central Pollution Control Board shall continue its work of surveying the remaining industries. A report in this connection shall be submitted by 15th of March, 1999. 8.
7. The Central Pollution Control Board shall continue its work of surveying the remaining industries. A report in this connection shall be submitted by 15th of March, 1999. 8. In respect of defaulting industries, it is issued by the State Pollution Control Board that there are, in fact, 19 such defaulting authorities and not 13 as set out in Annexure 3 of the Joint Report. The State Pollution Control Board has stated that it is taking appropriate action to see that they comply fully with the directions given to meet the pollution standard for discharge of effluents. The Pollution Control Board shall, in their report to be submitted before 15th of March, 1999, also mention the stage of action taken against these 19 industries. The short note which is submitted in this connection by the State Pollution Control Board is also taken on record. 9. I.As. filed by Mr. Parthasarathy are disposed of. 10. No order on I.As. filed by Ms. Nandini Gore. Order accordingly.