JUDGEMENT
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(1.) A letter written by Sri Vineet Kumar Mathur pointing out the pollution caused in the river Gomti and its causes was treated as a writ petition by this Court and orders passed from time to time. Mohan Meakins Breweries is said to be one of the industries polluting the river. It is not necessary to refer to the various orders passed in this matter from time to time. It would be sufficient to refer to the order made on January 15, 1993 which reads as under:
'The following order will apply to: (1) M/s.Mohan Meakins, Daliganj, Lucknow; (2) M/s.Oudh Sugar Mill, Hargaon, Sitapur; (3) M/s.Bajaj Hindustan Ltd., Gola Gorakhnath, Kheri (Sugar Unit-Distillery); (4) M/s. Sharda Sugar Mill, Palia Lakhimpur Kheri (New Name - Bajaj Hindustan Ltd., Unit Palia Lakhimpur Kheri); (5) M/s.Balaji Vegetable Product, Sitapur; (6) M/s.Kissan Cooperative Sugar Mill, Majhola, Pilibhit; (7) M/s.U.P.State Sugar Corpn., Maholi, Sitapur; (8) M/s.HAL Lucknow; (9) M/s. Lucknow Producers Milk Union, Lucknow Industries.
'The officers of the State Pollution Board will visit the above industrial establishments and make a fresh inspection of the effluent treatment plants installed in the said establishments and of their working. If there are any applications made by these industries for consent of the Board, they will be disposed of after inspection and within three weeks from today. If after inspection, it is found that the treatment plants are deficient in any respect or the deficiency pointed out earlier still continues, the Board will give reasonable time for the industries to cure the deficiencies. However, the time so given should not extend beyond 21st March, 1993. The officers of the Pollution Board will visit the industrial establishments concerned after the expiry of the time given to them to cure the deficiencies, and, make their report to this Court before 7th April,1993.
If the industries in question do not obtain the consent of the State Pollution Board for running their units, before 31st March, 1993, the industries will stop functioning after 31st March, 1993.
As regards the Municipal Boards of Pilibhit, Barabanki, Sitapur, Sultanpur, Jaunpur, Lakhimpur Kheri, they are directed to install the effluent treatment plant on or before 30th April, 1993 and obtain a certificate from the State Pollution Board that the plant installed is upto the standard and its working is satisfactory. The Chief Officers and the Presiding Officers of the concerned Municipalities are required to file their affidavits on or before 30th April, 1993 that they have complied with the above directions.
Mr.R.B.Misra appears for the State Government. The State Government is directed to let the Court know what steps they have taken to release the funds to the Jal Nigam for installation of the sewerage treatment plant at Lucknow. The affidavit to be filed on or before 30th April, 1993.
As regards the industries, the matter shall come up for hearing on 7th April, 1993. As regards the municipalities, it would come up for hearing on 3rd May, 1993.'
(2.) Inasmuch as Mohan Meakins did not remove the deficiencies in its effluent treatment plant by 21st March, 1993, no consent was granted to it by the Pollution Control Board. It stopped functioning from Ist April, 1993 onwards. The letter dated March 31, 1993 addressed to Mohan Meakins by the Uttar Pradesh Pollution Control Board (at Pages 422-425 of the record) states that in the circumstances stated therein, consent cannot be granted to Mohan Meakins under the Water (Control of Pollution) Act, 1974 (for short, the 'Water Act').
(3.) On April 2, 1993, Mohan Meakins addressed a letter to the Pollution Control Board (P.C.B.) stating that they have since complied with the order of this Court and, therefore, the consent may now be granted to them under the Water Act. Before we refer to the orders passed on this application, we may refer to some other developments which have taken place in the meanwhile.;