JUDGMENT Sanjay Karol, A.C.J. - On the basis of a letter petition, addressed by the residents of village Honda Kundi, Tehsil Nalagarh, District Solan, Himachal Pradesh, this Court, taking suo moto cognizance, issued notice. 2. Allegedly, M/s. Fuzikawa Power, Tehsil Baddi, District Solan, Himahcal Pradesh, was causing industrial pollution with the discharge of effluents from the unit established within the territorial limits of the village. The discharge of effluents is likely to increase diseases, including cancer. 3. The Principal Secretary (Health) to the Government of Himachal Pradesh has filed his personal affidavit dated 21.5.2017, stating that sometime in the year 2015, similar complaints were received and the matter was got investigated. However, one fact appears to have been admitted, and that being, that in Gram Panchayat Sanehar, several cases of different types of cancer stand identified. 4. The Superintending Engineer (IPH), Nahan Circle, has filed his affidavit dated 31.5.2017, stating that the water of village Honda Kundi was got tested and was found to be potable. Senior Environmental Engineer of the H.P. State Pollution Control Board has filed his affidavit dated 12.6.2017, only stating that periodically the unit was being inspected and there is no discharge of effluents in open. 5. The project proponent filed affidavit dated 4.7.2017, clarifying that all steps were taken for complying with the environmental laws and particular the Water (Prevention & Control of Pollution) Act, 1974; The Air (Prevention & Control of Pollution) Act, 1981; Environment (Protection) Act, 1986; Public Liability Act, 1991; and Environment Impact Assessment Notification, 2006. However, the factum of unit set up for manufacture of batteries is admitted. The affidavit also encloses reports of experts, who carried out tests on samples of ETP Sludge, stack emission, ETP Inlet Water, ETP Outlet water, STP Inlet Water, STP Outlet Water, Soil, etc., which were earlier collected from the site. 6. On 6.7.2017, this Court passed the following interim order: "CWPIL No. 11 of 2017 It is mutually agreed between learned counsel for the parties that the learned Amicus Curiae,Mr. Shivank Singh Panta and Ms. Nishi Goel, Advocates shall visit the spot alongwith the officials of the Pollution Control Board, on 9.7.2017 at 10:00 AM and submit status report within a period of one week. Mr. Anup Rattan, learned Additional Advocate General, assures that officials/officers of the Forest as well as Revenue department shall remain present at the spot. Ms. Shivank Singh Panta and Ms. Nishi Goel, Advocates shall visit the spot alongwith the officials of the Pollution Control Board, on 9.7.2017 at 10:00 AM and submit status report within a period of one week. Mr. Anup Rattan, learned Additional Advocate General, assures that officials/officers of the Forest as well as Revenue department shall remain present at the spot. Ms. Nishi Goel, learned counsel states that the Law Officer Sh. Jitender Gupta, Pollution Control Board alongwith Scientist/Expert shall remain present at the time of inspection. However, keeping in view the seriousness of the allegations, we direct that the Secretary and concerned Scientist(s)/Experts shall also remain present at the spot. Also the Pollution Control Board shall make all arrangements for travel of the learned counsel. Also all necessary arrangements for comfortable stay shall be made by the Board. List on 20.7.2017. CWPIL No. 45 of 2017 Mr. Surender Thakur is appointed as Amicus Curiae in this case. Registry to reflect the name of Mr. Surender Thakur, Advocate, as Amicus Curiae in the cause list henceforth. Registry is directed to supply complete paper book to the learned Amicus Curiae. Reply be filed by the respondents." 7. Pursuant to the same, learned Amicus visited the spot alongwith the concerned Officers and submitted his report, which reads as under: "8. That the local residents and complainants also wanted to meet the Amicus Curiae, therefore they were given ample time to spell out their grievances in detail and as per the interaction with the residents of the aforesaid village, following facts are being brought to the kind notice of this Hon''ble Court. i. That one Sh. Ram Ashra S/o Tikku Ram, aged 36 years whose house is adjoining to the boundary wall of the factory is suffering from tuberculosis. Copies of the medial reports are collectively annexed as Annexure A-1 (Colly). His 12 years old daughter is also suffering from piles. His wife Smt. Sheela Devi was suffering from fever and has pain in the abdomen from past 2 years. Due to constant health troubles he has abandoned the house and shifted to Saini Majra. The photograph of his abandoned house adjoining to the boundary wall of the respondent unit is being appended herewith as Annexure A-2. ii. That one Sh. Birbal, S/o Tikku Ram, aged 34 years is suffering from cardiac disease. His medical report is attached herewith as Annexure A-3. iii. The photograph of his abandoned house adjoining to the boundary wall of the respondent unit is being appended herewith as Annexure A-2. ii. That one Sh. Birbal, S/o Tikku Ram, aged 34 years is suffering from cardiac disease. His medical report is attached herewith as Annexure A-3. iii. That from past few years there has been tremendous increase in the number of cases of renal and gall bladder stones. The villagers have also reported huge number of cases of recurrences of stones following removal. iv. That as stated by the villagers around 13 persons have died of cancer. There are several cases of pulmonary diseases in the surrounding areas. v. That nearly all the villagers have stated that in the evening the air is filled with red shining dust and it causes irritation and watering of eyes. The red dust increases so much in night that it becomes difficult for them to open the eyes. vi. That there is also sharp increase in cases of death of cattle. As stated by the villagers cattle shows common symptom of shivering and then collapses. The also stated that duration of lactation of local cows has unprecedently decreased. The psot mortem report of a buffalo of Smt. Karmi Devi clearly specifies that death is due to heavy metal toxicity. A copy of the same is annexed herewith as Annexure A-4. vii. That the villagers further stated that the respondent company had blocked the water outlets with fresh soil. The roof of the factory was freshly painted, which is otherwise covered with red dust owing to the discharge of rd oxide. The photographs and videos pertaining to the same are collectively being placed on record as Annexure A-5 (colly). 9. That apart from M/s. Fujikawa Power Ltd. (Respondent no.5) there are four other battery manufacturing units in Baddi i.e. Sukam, Eastman, A.S. Enterprise and Lipguard Luminous. As informed by the officials of the respondent unit, the unit is also engaged in some developmental activities in the area. They have donated computers and setup a laboratories for imparting basic computer education. The respondent unit has donated water filters to the villagers and is encouraging sports activities. A gaushala is being funded by the unit in the village; scholarships are also being given to the Meritorious Students. The unit has also promised to build a Community Centre in the village. The respondent unit has donated water filters to the villagers and is encouraging sports activities. A gaushala is being funded by the unit in the village; scholarships are also being given to the Meritorious Students. The unit has also promised to build a Community Centre in the village. A tree plantation drive was organized in cooperation with Saned Village Panchayat. The Unit donated solar lights to a village Panjehra, and similar proposal is for village Handa Kundi. The unit has also provided free ambulance service to the surrounding 9 villages for free medical facility at door step. Initiatives for blood donation camps and Swachh Bharat Abhiyan are also being taken up by the Unit. However, the residents of the village have denied any such developmental activities by the respondent unit and have claimed that this is a mere eyewash. 10. That in pursuance to my discussions with the officials of the State Pollution Control Board (respondent no.4) certain discrepancies/shortcomings were found in the unit of respondent no.6 which need to be rectified immediately. The shortcomings which were found are as follows:- i. That the containers storing concentrated H 2 SO 4 (acid) are in open under a shed. A Bund wall (retaining wall) of an adequate height needs to be constructed in order to avoid any spillage or leakage. The required measures need to be taken to avoid any unintended escape of material from that area. Bunding failure can pose serious health hazards to the adjoining village. For the kind perusal of this Hon''ble Court, copy of the photograph of this area are laced on record as Annexure A-6. 11. That the fume extraction system over the battery charging section needs to be installed. Suction hoods over the battery charging bays needs to be installed, apart from the terminal vapour arrestors which are presently installed by the unit. The entire suction should be passed through an online alkaline/caustic wet scrubber before final release into the atmosphere through a chimney/stack of appropriate height. The photograph of battery charging unit is annexed herewith as Annexure A-7. iii. That the unit of Air Pollution control devices (APCDs), needs to be upgraded and additional APCD unit in the form of wet scrubber with online chemical dozing for suppressing any traces of lead in the stack emissions needs be installed. iv. The photograph of battery charging unit is annexed herewith as Annexure A-7. iii. That the unit of Air Pollution control devices (APCDs), needs to be upgraded and additional APCD unit in the form of wet scrubber with online chemical dozing for suppressing any traces of lead in the stack emissions needs be installed. iv. That the unit needs to upgrade by Zeor Liquid Discharge System (ZLD) where the entire waste water generated shall be reused/recycled/evaporated in the premises, no water shall be allowed to be discharged outside the unit and the unit shall only extract the makeup water from the bore-wells. This is an advanced technology that eliminates wastewater streams and leave behind clean water and sold salt crystals. v. That an alkaline dozing system needs to be installed by the unit to neutralize the cooling water from the batter charging section. vi. That the batter making unit needs to make provisions for observatory bore wells till the first water table with one well preferably at the downstream of the unit towards River Sirsa. The same shall be to ascertain any contamination in the ground water should the same happen at any later stage. The unit shall carry out self monitoring at regular intervals and the HPPCB shall also carry out regular sampling from the same. vii. That the employees of M/s. Fujikawa (respondent no.5) especially the one''s working in the battery charging unit need to be thoroughly examined by a medical team to ascertain any alteration in their health due to discharge of pollutants." 8. Now, this report falsified the rosy picture, which the State; its instrumentalities and the project proponent were otherwise projecting before the Court. 9. Only when on 20.7.2017, the Court directed the Member Secretary of the H.P. State Pollution Control Board to remain present in Court, did the said respondent file an affidavit, admitting (a) report of the samples collected from ETP & STP were not conforming to the norms; and (b) also, in the samples collected at 4 locations in the adjoining village revealed that contents of lead, copper, cadmium and iron were there. 10. Hence, on 26.7.2017, the Court passed the following order: "Learned Amicus Curiae invites our attention to the fact that on account of consumption of water downstream, cattle have died and the reason being multi organ failure due to heavy metal toxicity. 10. Hence, on 26.7.2017, the Court passed the following order: "Learned Amicus Curiae invites our attention to the fact that on account of consumption of water downstream, cattle have died and the reason being multi organ failure due to heavy metal toxicity. Also, residents of local area, solely on account of the alleged emission of pollutants are suffering from pulmonary and other diseases. In our considered view, the matter has not been examined by the State with the sensitivity which it ought to have exercised. On a complaint filed by the local residents, this Court, taking suo motu cognizance had issued directions, asking the committee headed by Member Secretary, H.P. State Pollution Control Board to visit the spot and examine the correctness of the allegations of the complainant. From the affidavit that of the Senior Environmental Engineer, H.P. State Pollution Control Board, we do find some merit in the complaint. However, the affidavit categorically does not deal with the following aspect:- As to whether the unit in question which is manufacturing lead batteries has violated any one of the provisions of the environmental laws or terms of letter of consent to operate?. Let, Member Secretary, H.P. State Pollution Control Board file his specific affidavit indicating the aforesaid aspect. Secretary shall also deal with the averments made by the complainant, the status report/suggestion that of the learned Amicus Curiae, as also the averments made in the affidavit dated 25th July, 2017 that of Senior Environmental Engineer, H.P. State Pollution Control Board. Also, he shall disclose as to what action stands taken by the board in ensuring complete and proper implementation of the environmental laws as also the terms of letter of consent to operate. List on 27.07.2017. Authenticated copy." 11. From the affidavit dated 26.7.2017, filed by the Member Secretary, Pollution Control Board, it became quite apparent that suddenly the Board woke up from slumber and took action against the project proponent, with a direction to either close the project or set up a proper effluents treatment plant. Resultantly, on 27.7.2017, we passed the following order: "Mr. Sanjay Sood, Member Secretary, H.P. State Pollution Control Board is present in Court. From the affidavit dated 26th July, 2017, so filed by the Member Secretary, we find the complaint to be factually correct. During inspection various deficiencies were found. Resultantly, on 27.7.2017, we passed the following order: "Mr. Sanjay Sood, Member Secretary, H.P. State Pollution Control Board is present in Court. From the affidavit dated 26th July, 2017, so filed by the Member Secretary, we find the complaint to be factually correct. During inspection various deficiencies were found. Also samples collected under the Water Act, 1974 and Air Act, 1981 did not meet the prescribed standards. We find the Member Secretary to have issued show cause notice, asking the polluter to take all remedial measures within one week. At this stage, we have two options. Either to immediately close the unit or as directed by the Member Secretary wait for one week''s time to enable the polluter to take all remedial measures for ensuring strict compliance of the environmental laws of the land. We are persuaded to opt for the second option on the assurance made out by Mr. R.K. Bawa, learned Senior Counsel, under instructions from Mr. Shivank Singh Panta, Advocate, that immediately all steps, in terms of directions issued by the Regulator as also obligation under the environmental laws shall be undertaken and definitely within a period of one week from today. In fact steps in that regard already stand taken. Ms. Shreya Chauhan, learned Amicus Curiae, points out that there are four other units of similar nature, which are also operating in close vicinity. She submits that it would be only desirable that some inspection is carried out by the same Committee, which had inspected the unit of private respondent. Mr. Dilip Sharma, learned Senior Counsel, states that latest by tomorrow, the Committee, already constituted, in terms of order dated 6th July, 2017, shall visit and inspect the other four units. As prayed for, in place of Senior Law Officer, HP State Pollution Control Board Mr. Sandeep Sharma, Assistant Law Officer shall remain present at the time of inspection. Also all necessary action, if so required under the provisions of environmental laws, shall be taken by the H.P. Pollution Control Board for ensuring that pollutants, in whatever form, are not released so as to endanger public life and environment. Before the next date, respondent No. 6 shall file an affidavit of compliance specifically dealing with the averments contained in the affidavit so filed by the Member Secretary, H.P. Pollution Control Board. We request Ms. Before the next date, respondent No. 6 shall file an affidavit of compliance specifically dealing with the averments contained in the affidavit so filed by the Member Secretary, H.P. Pollution Control Board. We request Ms. Shreya Chauhan, learned Amicus Curiae, to also remain present at the time of inspection. Mr. Dilip Sharma, learned Senior Counsel, states that Mr. Parshant Sharma, Advocate, shall also remain present in place of Ms. Nishi Goel, Advocate. Mr. Dilip Sharma further states that all arrangements for their travel etc. shall be made by the H.P. State Pollution Control Board. List on 2nd August, 2017. Authenticated copy." 12. We notice that the project proponent has filed its affidavit dated 1.8.2017, inter alia stating as under: "4(A) .......I would like to bring it to the notice of this Hon''ble Court that the work of installation of Wet Scrubbers as Air Pollution control device in grid casting and Ball Mill sections has been installed with 90% completion. Connection to main stack is under progress, which shall be completed today..." B. Another issue, which was raised by the Member Secretary of the State Pollution Control Board in his affidavit, was regarding the observatory bore-wells. In compliance thereto, M/s. Fujikawa Power after rallying all its troops got down to business and resultantly, the Observatory bore-wells up to first water table at all 04 corners of the factory have been provided and are in place now....." C. One more issue which was pointed out at the time of inspection of the factory by the Member Secretary, State Pollution Control Board was a need to provide and raise bund walls in sulphuric acid storage area. M/s. Fujikawa Power addressed the said issue on war footing and the construction work of Bund Walls in Sulphuric Acid Storage Area is also complete and further, an acid resistant lining has been provided in accordance with "I.S. 4262:2002 (Suphuric Acid - Code of Safety)"......." 13. Even subsequently, the Member Secretary, Pollution Control Board, has filed his affidavit, indicating the action taken against the following five industrial houses, which have established their units for lead acid battery manufacturing and related processes: 1. M/s. Su Kam Power System Ltd, Plot No 07 IA Katha, Baddi, Tehsil Baddi, District Solan, HP. 2. M/s. Geon International, Plot No. 65 Bhatolikalan, Baddi, Tehsil Baddi, District Solan, H.P. 3. M/s. AH Enterprises, Village Bhataulikalan, Tehsil Baddi, District Solan, H.P. 4. M/s. Su Kam Power System Ltd, Plot No 07 IA Katha, Baddi, Tehsil Baddi, District Solan, HP. 2. M/s. Geon International, Plot No. 65 Bhatolikalan, Baddi, Tehsil Baddi, District Solan, H.P. 3. M/s. AH Enterprises, Village Bhataulikalan, Tehsil Baddi, District Solan, H.P. 4. M/s. Livguard batteries Pvt. Ltd. village Manpura, Baddi, Tehsil Baddi, District Solan, H.P. 5. M/s. Eastman Auto Power Ltd Village Rakh Ram Singh, Nalagarh, Tehsil Nalagarh, District Solan, H.P. 14. We are informed that now these units are fully compliant of the environmental laws of the land and as such we are persuaded to close the present proceedings, which we do so, but with the following directions: (a) . The Principal Secretaries of Health and Irrigation & Public Health, to the Government of Himachal Pradesh, respondents No. 2 & 3 respectively, shall have the entire area inspected. It should be done at least once every quarter and any signs of increase in the disease, directly related to the discharge of effluents, should be viewed seriously and appropriate action taken. (b) . The Chairman and the Member Secretary of the H.P. State Pollution Board shall ensure that every quarter all industrial units established in the area and more specifically five units, referred to supra, are inspected, for ensuring compliance of environmental laws. 15. A copy of this judgment be also sent to the concerned District Judge, who is otherwise Chairman of the District Legal Services Authority, for ensuring compliance. Also, he shall get the site inspected periodically from the Secretary of the District Legal Services Authority. Reports so submitted by him shall be examined and deficiencies, if any, shall be brought to the notice of the appropriate authority for taking appropriate action. The villagers be informed of the same and taken into confidence, so as to make them aware of their rights and corresponding duties and obligations to have the environment protected. 16. We place on record our appreciation for the assistance rendered by Ms. Shreya Chauhan & Mr. Surender Thakur, Amicus Curiae. 17. Present proceedings stand closed, so also pending application(s), if any.