Research › Search › Judgment

Himachal Pradesh High Court · body

2016 DIGILAW 2179 (HP)

Court on its own motion v. State of H. P.

2016-10-06

MANSOOR AHMAD MIR, SANDEEP SHARMA

body2016
ORDER : Mansoor Ahmad Mir, J. Mr. Anup Rattan, learned Additional Advocate General, stated that after noticing the orders and observations made by this Court, the Government, vide notification dated 5th October, 2016, has constituted a Committee of the following to ensure connectivity of individual member industries to the Common Effluent Treatment Plant, established at Baddi: 1. Member Secretary, HP PCB – Chairman 2. Joint Chief Executive Officer, BBNDA Baddi – Member 3. Joint Director, SCWA, Baddi, - Member 2. The notification supra further provides that the Committee shall monitor the progress regularly, assist Member Industries and the SPV running the Common Effluent Treatment Plant and shall report to the Principal Secretary (Industries), and the Principal Secretary (Environment, Science and Technology), to the Government of H.P., fortnightly. Accordingly, we deem it proper to array the Principal Secretary (Environment, Science and Technology), to the Government of H.P., as respondent No.8 in the writ petition. Issue notice to the newly added respondent. Mr. Anup Rattan, Additional Advocate General, waives notice for the said respondent. 3. The learned Amicus Curiae stated at the Bar that respondent No.2 has filed affidavit, which finds place at page 72 of the paper book. In paragraph 5 of the said affidavit, it has been stated that there are 428 number of water polluting industries in the catchment of the common effluent treatment plant. It is apt to reproduce paragraph 5 of the said affidavit, hereunder: “5. There are 428 number of water polluting industries in the catchment of the CETP. They have already provided their own ETP, ETP cum STPs or STPs which are operational. Out of 428 units, 42 major polluting industries have already started sending their effluent to the CETP for treatment through pipeline/tankers. The State Board has already issued notices to remaining 386 nos of industries to get connectivity with the CETP though M/s Baddi Infrastructure for sending their effluent (raw effluent/primary treated effluent/treated water) to CETP for treatment. The detailed report of the Senior Environmental Engineer, HPPCB Regional Office Baddi is annexed as Annexure R-2/1.” 4. Mr.B.C. Negi, learned Amicus Curiae stated that the National Green Tribunal , in its order dated 24th April, 2015, passed in Original Application titled Ajay Sipahiya vs. State of Himachal Pradesh and others, has observed that there were 2162 water polluting units in Baddi. Mr.B.C. Negi, learned Amicus Curiae stated that the National Green Tribunal , in its order dated 24th April, 2015, passed in Original Application titled Ajay Sipahiya vs. State of Himachal Pradesh and others, has observed that there were 2162 water polluting units in Baddi. Therefore, it was submitted by the learned Amicus Curiae that the affidavit, dated 4th October, 2016, filed by respondent No.2, referred to supra, is in conflict with the observations made by the National Green Tribunal, and therefore, appears to be incorrect. 5. Learned Amicus Curiae also pointed out that in terms of order dated 13th July, 2016, respondent No.2 has already filed affidavit dated 26th July, 2016, wherein it has been stated that in the area in question, 2033 industries have been covered under the Water Act, 1974 and Air Act 1981. It is apt to reproduce relevant portion of the said affidavit hereunder: “Status of point no.2 of the news item/status of Industries. The environmental condition in BBN Industrial area by and large is attributable to inadequate civil infrastructure, unplanned/haphazard urbanization in the area besides setting up of larger number of industries. Presently BBN area has 2033 number of industries have been covered under Water Act 1974 and Air Act 1981………….” 6. Upon this, learned counsel for respondent No.2 reiterated the stand taken in the affidavit supra. 7. In view of the above, we direct respondent No.2 to file affidavit afresh and explain the position. 8. The Committee constituted by the Government vide notification dated 5th October, 2016, referred to above, is directed to do the needful within four weeks, failing which, this Court shall be constrained to shut down/close the erring industrial units. 9. All the respondents are commanded to file status reports by or before next date of hearing. 10. Sub Divisional Magistrate, Nalagarh, present in person in the Court, is also directed to take measures, including beat of drum, to apprise all the stakeholders about the passing of this order.