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2018 DIGILAW 1993 (HP)

Court on its motion v. H. P. State Pollution Control Board

2018-11-16

AJAY MOHAN GOEL, SURYA KANT

body2018
JUDGMENT : Surya Kant, J. 1. The discharge of untreated effluents by some of the industries, who were operating without consent from the H.P. State Pollution Control Board, led to initiation of these suo motu proceedings by this Court in public interest. The orders passed from time to time, reveal that the Authorities of H.P. State Pollution Control Board were made alive of their responsibilities under the Statute to ensure timely action, supervision and monitoring of over ten thousand industries under different capacities set up in the State of Himachal Pradesh. 2. The last status report-cum-affidavit dated 20th September, 2018, filed by the Chairman of H.P. State Pollution Control Board, disclosed that in order to ensure that no industry operates without prior consent, the State Pollution Control Board has decided to shift from current 'Consent Management System' to a new online system namely 'Online Consent Management System'. The new system has become functional w.e.f. 1st October, 2018. Special campaigns/trainings have been started for adaptation of the new system and in this regard the training schedules have been notified through public notices. The affidavit reveals that since January, 2018, the State Pollution Control Board is processing the consent cases/applications in a time bound manner and 4488 cases of consent have been disposed of between January, 2018 to September, 2018. 3. As a punitive measure against defaulting industries, State Pollution Control Board has initiated action under Section 33-A of the Water Act, 1974 and Section 31-A of the Air Act, 1981, which includes the disconnection of the power supply to the industrial units. It is averred that 194 number of directions for power disconnection of the industrial units have been issued in the month of September, 2018 alone. 4. The affidavit further reveals that the State Pollution Control Board, as a special campaign, has deployed an additional Assistant Environmental Engineer from the Head Office and one Junior Environmental Engineer from Regional Office, Bilaspur, to clear the pendency of the consent cases of the Regional Offices at Parwanoo and Baddi. 5. It is revealed that since there is only one CETP installed in Baddi Industrial area, the Pollution Control Board in coordination of the Department of Industries and HPSIDC has decided to install CETPs at Poanta Sahib, Kala Amb, Una and Kangra and the proposals for these four CETPs are in pipeline. 6. 5. It is revealed that since there is only one CETP installed in Baddi Industrial area, the Pollution Control Board in coordination of the Department of Industries and HPSIDC has decided to install CETPs at Poanta Sahib, Kala Amb, Una and Kangra and the proposals for these four CETPs are in pipeline. 6. In this regard, we direct the State Pollution Control Board, Department of Industries, Himachal Pradesh State Industrial Development Corporation as well as Forest Department, to finalize the pending proposals and start the process to set up four CETPs as per the averments made in Para-8 of the affidavit. 7. The State Pollution Control Board is said to have launched a massive plantation drive across seven attainment cities, including Una, under the 'Pollution Abating Plantation Abhiyan' for mitigation of air pollution and air purifying plants are being planted under the said programme. 1,60,445 air purifying outdoor and indoor plants across the eight cities are said to have been planted and plantation drive is still continuing. It goes without saying that the State Pollution Control Board shall continue with this project to cover up the entire affected areas of Himachal Pradesh in a phased manner. 8. It also goes without saying that the State Pollution Control Board cannot discharge its duties/responsibilities effectively to the entire satisfaction of the general public unless it is well equipped with the requisite manpower. The Board has already proposed to create some posts, for which we direct that let a final decision for creation of such posts by the Board in association with the State Government be taken within a period of three months. The experts in different fields be recruited at the earliest. 9. The affidavit also reveals that the State Pollution Control Board in association with Department of Urban Development, have identified and finalized five clusters and twenty five sub-clusters for setting up of viable Solid Waste Management facility in the State. Let necessary action in this regard be taken by the State and State Pollution Control Board and if need be, after taking opinion/guidance from the Forest Research Institute, Dehradun. As regards to Baddi cluster, let the fresh tendering process be completed at the earliest and the work be commenced, for which a separate status report be sent to the Registrar General of this Court for perusal of the Court. 10. As regards to Baddi cluster, let the fresh tendering process be completed at the earliest and the work be commenced, for which a separate status report be sent to the Registrar General of this Court for perusal of the Court. 10. The State Pollution Control Board is stated to have provided Plastic Shredding Machines at Mandi and Sundernagar for disposal of plastic wastes. Let the Board consider the desirability of providing such shredding machines in other Municipal areas as well and a separate compliance report be sent to this Court. 11. It goes without saying that the measures adopted or in pipeline as disclosed in affidavit dated 20th September, 2018 or in the previous affidavits, shall continue to be taken by the Board-Authorities, regardless of the fact that the present proceedings are being closed and the petition stands disposed of. 12. The respondents/Industries, who have been found guilty of operating for years together without obtaining consent from the State Pollution Control Board and further found to have violated the provisions of the Air Act, 1981 and the Water Act, 1974, are hereby burdened with cost of buying Plastic Shredding Machines. Each industry shall buy two such machines and entrust the same to the State Pollution Control Board for onward entrustment to the Municipal Councils, as may be identified by the Pollution Control Board. Needful be done within a period of two months. The writ petition stands disposed of in terms of above directions, so also pending miscellaneous applications, if any.