CHAPTER XI

PROSECUTIONS LAUNCHED, CONVICTIONS SECURED AND DIRECTIONS GIVEN FOR CLOSURE OF POLLUTING INDUSTRIES

POLLUTION BY INDUSTRIES IN DELHI

11.1 WRIT PETITION (CIVIL) NO. 4677 OF 1985, M.C. MEHTA VS UNION OF INDIA & ORS.

The matter relating to the industries located in residential/non-conforming area in Delhi was decided by the Hon’ble Supreme Court vide its order, dated. 7.5.2004. The Hon’ble court after considering the various aspects in the matter directed as follows:

1. Industrial units pertaining to extensive industries ‘F’ category within a period of four months
2. Industrial units pertaining to light and service industry (‘B’ to ‘F’) category within five months.
3. Impermissible house hold industries (‘A’ Category) within six months.
4. Six Thousand Industrial Unit on waiting list for allotment of industrial plots within 18 months.

HAZARDOUS WASTE

11.4 WRIT PETITION (CIVIL) NO. 657 OF 1995 STATUS ON IMPLEMENTATION OF THE DIRECTIVES OF HON’BLE SUPREME COURT

As per the Directives of Hon’ble Supreme Court of India in the matter of Writ Petition No. (C) of 657 of 1995, dated October 14, 2003, the Central Pollution Control Board (CPCB) is required to prepare and comply with the following directives:

i) Preparation & Issuance of Check list and ensuring its compliance;

ii) Preparation of Guidelines on HW incinerators;

iii) Preparation of Guidelines for proper functioning & up keep of disposal sites ;

iv) Preparation of guidelines for transportation of hazardous waste;

v) National Policy Document on Management of Hazardous Waste;

vi) To carry out random check of HW generating units, the inventory of which is submitted by the SPCBs/PCCs.

vii) To carry out random cross checks on inventory of HW dump sites submitted by the SPCBs/PCCs and evaluation of the rehabilitation plans of dumpsites.

viii) Preparation of Comprehensive report on Inventory of HW generation and HW dump sites and rehabilitation plans of dump sites and

ix) Co-ordination with Ministry of Environment & Forests ( w.r.to preparation and finalization of the draft Amendment to Hazardous Waste (M & H) Amendment Rules, 2003).

CPCB have prepared afore said draft guidelines, as per the directives of the Hon’ble Supreme Court, draft national policy document on management of hazardous waste, and proposed amendment to Schedule 3,4 & 8 of the Hazardous Waste (M & H) Amendment Rules, 2003. These drafts were circulated to all the State Pollution Control Boards (SPCBs), Pollution Control Committees (PCCs) of Union Territories ( UTs), Members of Supreme Court Monitoring Committee (SCMC), Ministry of Environment & Forests (MoEF), Experts, CSIR laboratories and Environment Secretaries of all the State Governments and others concerned with a request to provide their comments. Subsequently, the comments received from various SPCBs/PCCs, Members of SCMC, Experts and others concerned were considered and the following have been finalized:

• Check list for Issuance of Authorization;
• Guidelines for Proper Functioning & Up keep of Disposal Sites;
• Guidelines for Transportation of Hazardous Waste;
• Draft on National Policy Document on management of Hazardous Waste;
• Draft Amendment to Schedule 3, 4 & 8 of the Hazardous Waste (M & H) Amendment Rules, 2003:
• Guidelines for Common Hazardous Waste Incineration

TAJ POLLUTION MATTER

11.5 WRIT PETITION (CIVIL) NO.13381/1984, M.C.MEHTA VS UNION OF INDIA & ORS.

Air Quality Monitoring Stations at Agra

In compliance to the directions of the Hon’ble Supreme Court the Central Pollution Control Board has established four air quality monitoring stations and one Central Analytical-cum-Calibration Laboratory at Agra and monitoring the ambient air quality at Taj Mahal, Itmad-ud-daula, Rambag and Nunhai. The data so generated from these air quality monitoring stations are being submitted to the Hon’ble Supreme Court and also displayed at Taj Mahal.

Brick Kiln Matter

The Hon’ble Supreme Court on 26.7.2004 observed that this Court has directed the Central Pollution Control Board on 11.9.2003 to constitute a Committee. The Committee was constituted for the purpose of considering all applications of brick kilns. The hearing of the Committee will be held at Agra. The Committee can seek any information and expert opinion from the officers; the orders passed by the said committee shall be final. Applications which are at present being disposed of by this order are dismissed as withdrawn with a liberty to file them before the Committee. The applicants may submit all documents in support of their applications before the Committee. The Committee will dispose of all the applications within in four weeks from the date of their filing. The Hon’ble Court further clarified that make it clear that we do not intent to alter or amend the order, dated 11.9.2003 in any form whatsoever.

POLLUTION IN GOMTI RIVER

11.6 WRIT PETITION (CIVIL) NO.327 OF 1990, VINEET KUMAR MATHUR VS UNION OF INDIA & ORS.

The writ petition is relating to pollution in Gomti River in Lucknow. The Hon’ble Supreme Court on 4.11.2004 considered the matter relating to the Detailed Project Report (DPR) in respect of inclusion of certain towns in the State of U.P. in river action plan relating to the sewage discharge in river Gomti. The Hon’ble Court directed the State of U.P. to sort out its problems with National River Conservation Directorate (NCRD) regarding Detailed Project Report. All concerned parties including Central Pollution Control Board to submit individual reports relating to the required DPRs submitted by State of U.P. In compliance of the Hon’ble Supreme Court’s order, dated 4.11.2004 the Central Board has submitted its views with the recommendation that the maximum pollution load generated and discharge into river Gomti is from Lucknow city and as a result BOD of river Gomit increases. Therefore, the treatment of wastewater generated from Lucknow city is to be taken on priority to improve water quality of river Gomti. The matter is under consideration of the Hon’ble Court.

POLLUTION BY SLAUGHTER HOUSES

11.7 WRIT PETITION (CIVIL) NO.309/2003, LAXMI NARIAN MODI VS UNION OF INDIA & ORS.

A Petition has been filed as a Public Interest Litigation in the Supreme Court of India in the year 2003 for incineration of all animal wastes to be made mandatory in all abattoirs, slaughter houses and meat processing units in the country and make use of animal waste like meat and bones as poultry/animal feed. The Hon’ble Supreme Court on 26.7.2004 directed the Central Pollution Control Board to collect information from various State Pollution Control Boards/Pollution Control Committees of UTs as to modes adopted in their respective areas for disposal of waste. The State Pollution Control Boards/Pollution Control Committees also directed to cooperate with the Central Pollution Control Board and supply the requisite information within the time stipulated in the communication send by the Central Board. The Central Board has collected the information from various State Pollution Control Boards/Pollution Control Committees of UTs and submitted the status of the information to the Hon’ble Supreme Court. The Hon’ble Supreme Court on 28.3.2005 observed that the information as compiled by the Central Board shows a dismal position in regard to the mode and manner of disposal of solid waste in slaughter houses and most of the slaughter houses are being run without obtaining statutory consent. The Hon’ble Court directed the Central Pollution Control Board and the Ministry of Environment & Forests to submit what steps to be taken in respect of efficient and proper disposal of solid waste from slaughter houses and running of slaughter houses without statutory consent. The matter is pending for consideration of the Hon’ble Supreme Court.

INDUSTRIAL POLLUTION IN THE STATES

11.8 WRIT PETITION (CIVIL) NO.460/2004, GOA FOUNDATION VS UNION OF INDIA

In this matter the Hon’ble Supreme Court after considering the submissions of the Ministry of Environment & Forests directed the Government of India to issue requisite order directing closure of defaulting units which are continuing to operate in violation of Environmental Laws. The Hon’ble Court also directed the State Government to comply the statutory directions issued by the Government of India. However the Hon’ble Court stayed the operation of the order, dated 2.3.2005 till the next date of hearing

ACTION PLAN FOR MANAGEMENT OF SILT IN BBMB PROJECTS

11.9 CIVIL WRIT PETITION NO.777/2003, BHAKRA BEAS MANAGEMENT BOARD VS HIMACHAL PRADESH STATE ENVIRONMENT PROTECTION AND POLLUTION CONTROL BOARD & ORS.

The Bhakra Beas Management Board, Chandigarh has filed a petition in the High Court of Himachal Pradesh at Shimla in the year 2003 challenging the applicability of the Water (Prevention and Control of Pollution) Act, 1974. The Hon’ble High Court of Himachal Pradesh on 24.3.2004 directed the Ministry of Environment & Forests and Central Pollution Control Board to examine the entire issue in its total and true prospect and in coordination with every concerned including the Petitioner Bhakra Beas Management Board and H.P. State Environment Protection and Control Pollution Board and thereafter submit a comprehensive action plan. To comply with the direction of the Hon’ble High Court, the Central Pollution Control Board in consultation with the Ministry of Environment & Forests constituted an Expert Committee for preparing the action plan for management of silt. The Expert Committee after consideration of various aspect has prepared the action plan for management of silt in environmentally and socio friendly manner. The final report of the Expert Committee has been submitted before the Hon’ble High Court of Himachal Pradesh at Shimla for consideration.

NOISE POLLUTION

11.10 COURT CASES REGARDING NOISE POLLUTION FROM GENERATOR SETS

The Ministry of Environment & Forests, Govt. of India notified the revised noise limits for diesel generator sets vide GSR 371 (E), dated May 17, 2002 (and its amendments). The noise limits became effective from 1.1.2005. Some manufacturers have challenged this notification in various High Courts. The status of the cases filed in the High Courts of Delhi, Kerala & Karnataka are as under:

11.11 NOTICES/DIRECTIONS ISSUED UNDER SECTION 5 OF EPA, 1986

• M/s Birla Power Solutions Ltd. was issued Show cause notice under Section 5 of Environment (Protection) Act, 1986 in January, 2004, for non-compliance with emission and noise limits. The directions were confirmed in April, 2004 and the manufacturer was asked to recall all two-stroke gensets sold and make them complaint with phase –II emission limits applicable from June 1, 2001, before they are sent back to the customers. The company was also asked to submit bank guarantee of Rs 0.81Crore until the recall process is completed i.e till June, 2006. The matter is pending for disposal.

• Notices under Section 5 of the Environment (Protection) Act were issued to 7 diesel genset manufacturers on March 10, 2005. These manufacturers were directed to install acoustic enclosure at the customers end or replace the non-compliant diesel generator sets with compliant diesel generator sets at their own cost.

11.12 DIRECTIONS REGARDING NOISE POLLUTION FROM FIRE WORKS

Based on the noise level testing results conducted at IIT, Chennai and NPL, New Delhi, directions were issued under Section 5 of Environment (Protection) Act, 1986 to 15 (fifteen) firework industries, which do not comply with the noise standards prescribed in G.S.R. 682 (E), dated 5^th October, 1999.