INDIAN COUNCIL FOR ENVIRO LEGAL ACTION Vs. UNION OF INDIA

JUDGEMENT

(1.) Writ petition (C) No. 967 OF 1989 :

(2.) Bichhri is a small village in Udaipur district of Rajasthan. To its north is a major industrial establishment. Hindustan Zinc Limited, a public sector concern. That did not affect Bichri. Its woes began somewhere in 1987 when the fourth respondent herein. Hindustan Agro Chemicals Limited started producing certain chemicals like Oleum (said to be the concentrated form of Sulphuric acid) and Single Super Phosphate. The real calamity occurred when a sister concern, Silver Chemicals (Respondents No. 5), commenced production of 'H' acid in a plant located within the same complex. 'H' acid was meant for export exclusively. Its manufacture gives rise to enormous quantities of highly toxic effluents - in particular, iron-based and gypsum based sludge -which if not properly treated, pose grave threat to mother Earth. It poisons the earth, the water and everything that comes in contact with it. Jyoti Chemicals (Respondent No. 8) is another unit established to produce 'H' acid, besides some other chemicals. Respondents Nos. 6 and 7 were established to produce fertilizers and a few other products.

(3.) All the units/factories of Respondents Nos. 4 to 8 are situated in the same complex and are controlled by the same group of individuals. All the units are what may be called "chemical industries". The complex is located within the limits of Bichhri village.