T.S.THAKUR,C.J. - (1.) THIS writ petition assails the validity of an order dated 27.6.2008 passed by the Punjab Pollution Control Board, Patiala, issuing directions under Section 33-A of the Water (Prevention and Control of Pollution) Act, 1974 (for short 'the Act'), and proceedings of even date based on a personal hearing held on 23.6.2008, whereunder certain further directions regarding compliance of the provisions of the Act aforementioned, have been issued by the Board. The petitioner also prays for a mandamus directing the respondent-Board to permit the petitioner to operate its industrial unit to its full capacity and to extend the time for filling up of two katcha Lagoons and submission of the scheme for rejuvenation of ground water by a further period of four months. In addition, the petitioner seeks extension of time to instal and commission the equipment's (Boiler, Evaporator and Incinerator) by 12 months from the date of passing of the order. It has also prayed for dispensing with the condition, under which the petitioner has been asked to furnish a bank guarantee for a sum of Rs. 75 lacs to the respondent-Board. The controversy arises in the following circumstances.
(2.) THE petitioner-company has established and is running a distillery and a food division in the name and style of Jagatjit Industries at G.T. Road, Hamira, District Kapurthala (Punjab). It claims to be producing approximately 120 KL of alcohol per day in its distillery. The Food Division is similarly producing a number of food items sold under different brand names. Since the industrial process which the petitioner's unit undertake is prone to cause pollution, the respondent Pollution Control Board appears to have taken note and pointed out shortcomings in compliance with the statutory requirements, and directed removal of the same. The measures taken by the petitioner were not, however, to the satisfaction of the Board, who appears to have withdrawn the consent given by it in terms of Sections 25 and 26 of the Act. Aggrieved, the petitioner has appealed to the competent Appellate Authority. It is not in dispute that said appeal is pending disposal even at present. In the meantime, the Pollution Control Board passed an order on 27.6.2008, in which, it referred to the various stages through which the proceedings have progressed in the past and the orders issued by the Board from time to time, calling upon to it to comply with the requirements of the statute so as to bring the pollution levels of the effluents within permissible limits. The Board has eventually taken the view that since the measures adopted by the petitioner-industry were not satisfactory, it was required to take further steps to ensure that the same are in place within a time frame. In the meantime, the petitioner was directed to reduce its production capacity to half of the permitted capacity. According to the respondent-Board, the petitioner industry having been permitted to manufacture 70 K.L. of alcohol per day, it could not take the output beyond 35 K.L. per day. The Board had also directed the petitioner-industry to take necessary steps and to upgrade its existing treatment system to achieve the prescribed levels within a period of two months from the date of the order. The petitioner-industry was further directed to submit a scheme for making adequate and environmentally sound arrangements to rejuvenate the quality of ground water within two months. In the event of the failure on the part of the petitioner-industry to comply with the directions issued to it, the units were to be deemed to have been closed in terms of Section 33-A of the Act.
(3.) BY a separate order passed on the same date and described as "proceedings of personal hearing taken by the Chairman of the Board on 23.6.2008", the following directions were issued by the Board :- " 1. The industry be issued directions under section 33- A of the Water (Prevention and Control of Pollution) Act, 1974, as amended in 1988 that : a) The industry shall operate its industrial plant (distillery division) for the manufacture of potable liquor @ 35 KLD i.e. half of its production capacity. b) That the industry shall make the necessary upgradation in its existing treatment system and achieve the prescribed standards within a period of two months. c) That the industry shall submit the scheme for making adequate and environmentally sound arrangements to rejuvenate the quality of groundwater within a period of two months. 2. Environmental Engineer, Regional Office, Jalandhar be directed to seal the fermentation section, distillation columns and other product related machinery/equipment of the industry, so as to reduce the production capacity of the industry to 35 KI/day. He may also be directed to ensure the compliance of directions issue to the industry. 3. Assistant Excise and Taxation Commissioner, Jalandhar be directed to ensure that the industry should not be operated at capacity more than 35 KI/day. 4. The industry should furnish a bank guarantee amounting to Rs. 75 lacs as an assurance to achieve the standards prescribed by the Board under Water (Prevention and Control of Pollution) Act, 1974 to comply with the provisions of Water (Prevention and Control of Pollution) Act, 1974 and as an assurance for lining of katcha lagoons and filling them good earth within 2 months, installation of evaporation and incineration technology within six months. You are requested to comply with the said decisions." ;