V.K. Jhanji, J. - (1.) This shall dispose of Civil Revisions No. 2734 and 2735 of 2000. Both the civil revisions are directed against order of the Courts below whereby application filed by the Plaintiff under Order 39, Rule 1 and 2 of the Code of Civil Procedure (for short the Code) for grant of temporary mandatory injunction in a pending civil suit, has been allowed and Defendants No. 1 to 4 have been directed to unseal and open the factory premises i.e. the Plant, Machinery and the Generating Set at the Industrial Unit of the Plaintiff and Defendant No. 5 has been directed to restore electricity supply to the factory premises of the Plaintiff. Defendants have however, been given liberty to proceed against the Plaintiff -company after complying with the provisions of law.
(2.) In brief, the facts are that the Plaintiff company is engaged in the manufacturing of the industrial alcohol and rectified spirit at its factory on the Hissar -Delhi Bye -Pass Road, Hissar.
(3.) In regard to discharge of effluent, by the distilleries in Haryana, the Hon'ble Supreme Court in the matter of News Item Hindustan Times of A.O.F.M. Yamuna Central Pollution Control Board and Anr., (Writ Petition (CIVIL) No. 725 of 1994) vide its order dated August 9, 1999 directed the Central Pollution Control Board (for short the CPCB hereinafter), Delhi to file anaffidavit. Pursuant to the said order, P.M. Ansari, Additional Director, CPCB filed his affidavit on August 24, 1999. The relevant part of the affidavit relating to the distillery of Plaintiff company was to the following effect: 1. That I, in the capacity of the Additional Director of the CPCB, am well conversant with the facts of the case and hence competent to swear this affidavit. 2. That the Hon'ble Court, vide its order dated 9.8.99 has directed that the Central Pollution Control Board should file, by the next date of hearing, a further report with regard to all the distilleries in Haryana, in particular M/s. Frost Falcom Distillers and M/s. Haryana Organics. xx xx xx xx xx xx xx 8. That M/s. Associated Distillery, Hissar has ETP consisting of bio -digesters followed by secondary ETP. The analysis of the effluent samples collected from the ETP as well as before application to field indicates that the ETP is not operated regularly. The absence of sludge in the Sludge Drying Beds also indicative of the non -operation of the ETP. M/s. Associated Distillery do not have adequate land for irrigation with the effluent of the industry. As such, the land is being polluted by over -application of the effluent. The unit is not complying with the prescribed standards.;