IMTIAZ AHMED Vs. UNION OF INDIA
SUPREME COURT OF INDIA
UNION OF INDIA
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(1.)M/s. Insilco, carrying on the silica Industry filed an affidavit in this Court indicating that the company has taken all precautionary measures and safeguards and has complied with the recommendations of the Central Pollution Control Board (CPCB). On the basis of the said affidavit the CPCB was requested to inspect the premises of the company and pursuant to that direction, the premises of the company had been inspected on 6th July, 2000. The Additional Director, CPCB, Shri Ansari had submitted a report indicating how Insilco has not been complying with all the recommendations. On behalf of the company an objection had been filed to the aforesaid report of the CPCB. In view of the objections filed, the Court directed that the report of the CPCB should be re-examined by an independent agency and accordingly NEERI was requested to examine the report of the CPCB and inspect the premises of Insilco and give its independent response on the datas which had been furnished by the CPCB. The neeri pursuant to the aforesaid direction submitted a report indicating therein that Insilco has been complying with the norms and standards.
(2.)To the aforesaid report a response of the CPCB has been filed indicating some minor infractions. But having considered the report of NEERI as well as the subsequent response of the CPCB, we are of the considered opinion that the Insilco has complied with the required norms and measures in accordance with the recommendations of the CPCB. We, therefore, dispose of this petition by permitting the Insilco to continue with its industry on the premises in question.
(3.)The CPCB had submitted a report after inspection of several industries located in Gajraula with several remarks thereon. The aforesaid remarks are quoted herein below :
" 1. Gajraula has been declared as industrial estate because of its location on the State highway and also having direct linkage through rail. Though it has potential for future industrial development, the same needs to be regulated, so that receiving air and water quality is maintained, as desired. 2. All the industries have their effluent treatment plants and air pollution control devices installed or are meeting stack height regulation, but there is a possibility that the industries may discharge untreated waste water in odd hours, for which interlocking of effluent treatment plant operation with the process operation is necessary. 3. During festival days and mass-congregation, at Kuchla Ghat on the ganga, upstream of which Mahova river/bagad river joins the Ganga, the local administration of Moradabad is imposing ban on industries to dispose their effluents into Bagad. Under these circumstances, the industry should have controlled discharge after treatment of effluents in a manner to be decided by the State Pollution Control Board. Since the ground water table in the area is very high, the industry should take precautions for storage of their treated effluents in lined storage tanks only. 4. The largest waste water generating unit in the area is M/s. Vam organics and Chemicals Ltd. who has developed storage capacities for holding of treated effluents from distilleries through construction of lined-storage lagoons to store the effluents for ten months. The effluent is stored for evaporating and for regulated discharge only during rainy season. The industry should also ensure that the water quality of the Ganga, after meeting with Mahova/bagad river, should not be below BATHING quality, i. e. Class b (according to the classification done for the surface water quality). They should also maintain records for quantity of treated effluent water discharge and waste water balance. No discharge should take place without the prior knowledge/permission/consent from the State Pollution Control Board and the local administration. The U. P. State Pollution Control Board should also monitor the ground water quality in and around the lagoons for early detection of any seepage to cover ground water pollution at the expenses of the industry. In case of compensation if provided the industry should be responsible for remedification of ground water quality. 5. The U. P. State Industrial Development Corporation, agency responsible for, the development of area, or Industries Association should draw an environmental management plan after conducting Environmental Impact assessment for the group of industries. Till such time the Environmental management Plan is made, neither any new large and medium polluting unit should be allowed to corne up nor expansion of the existing unit be allowed by the concerned department. "
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