During year 2001-2002 the following major/important legal matters have been listed before the Hon’ble Supreme Court and accordingly orders/directions have been issued for compliance of Central Pollution Control Board.

The Writ Petition was filed in public interest in 1995 seeking Hon’ble Court’s intervention to impose ban on the import of toxic wastes from the industrialized countries into India.

11.1.2 Pollution in Medak District, Andhra Pradesh

The Indian Council for Enviro Legal Action filed petitions in 1990 in respect of the industries who were discharging untreated effluents over a period of time. various orders have been passed by the Hon’ble Supreme Court for compliance and constantly monitored the progress made by the concerned authorities. The further progress during the period under report is as follows:

The follow up and progress in the action plan is being monitored by the Hon’ble Court. On 6.2.2001, the Hon’ble Court has directed the Central Pollution Control Board to submit their response as to what standard is being followed and what it proposes to follow. As per the Joint Action Plan the standard of total dissolved solids (TDS) before discharge is 3000 mg/l. In compliance of Hon’ble Court’s Order, dated 6.2.2001, the Central Pollution Control Board has submitted its response vide affidavit, dated 5.3.2001 before the Hon’ble Court for their consideration.

The Hon’ble Court after hearing the matter on 10.10.2001 has finally directed that further proceedings in the matter now be monitored by the Andhra Pradesh High Court. The High Court will ensure the implementation of the orders passed by this court and will deal the Writ Petition as well as Application filed therein in accordance with the law.

The Hon’ble Court after hearing the matter on 27.9.2001 issued following directions to all the States and all the Union Territories to control noise pollution arising out of bursting of firecrackers, in view of the Deshehra and Diwali and other festivals :

The Hon’ble Court has further directed that these directions shall be given wide publicity both by electronic and print media.

In compliance of Hon’ble Supreme Court’s direction, dated 7.11.2000 regarding installation of four air quality monitoring stations in Agra region the Central Pollution Control Board submitted before the Hon’ble Supreme Court, a detailed proposal for setting up of the ambient air quality monitoring stations in Agra. According to the direction of the Hon’ble Court, the four air quality monitoring stations are to be run continuously for one year, all the seven days in a week by the Central Pollution Control Board. The Hon’ble Court has given appropriate directions on 4.5.2001 for setting up of four air quality monitoring stations in Agra region.

The Hon’ble court has considered the proposal of the Central Pollution Control Board and accepted the recommendations of the Mahajan Committee on 4.5.2001 and directed that the full cost of Rs.1,20,50,000/- towards the hardware for monitoring stations and hardware for Central Laboratory would be provided by the Mission Management Board and with regard to the remaining amount of operational cost of Rs.49.45 lacs would be made available to the Central Government to the Central Pollution Control Board within four weeks from the date of this order. The Hon’ble Court further directed that the Central Pollution Control Board shall use these funds for the purpose for which they are provided as stated in their proposal. The Central Pollution Control Board is to establish these four air quality monitoring stations in Agra region.

The Central Pollution Control Board has filed a Interlocutory Application (IA) before the Hon’ble Supreme Court seeking directions from the Hon’ble Court in respect of the municipalities/Nagarpalikes/local bodies located in the State of Uttar Pradesh, Uttaranchal and Bihar to maintain sewage treatment plants/ sewerage systems, pumping stations, crematoria, low cost toilets or any other assets or infrastructure created under the Ganga Action Plan (GAP). The Hon’ble Court on 28.3.2001 after consideration of the replies of the States of Uttar Pradesh, Bihar and West Bengal directed that it is appropriate that the Central Pollution Control Board jointly with the respective State Pollution Control Boards, examined and inspected the functions of the aforesaid assets/infrastructure created under the Ganga Action Plan in the State of Bihar, West Bengal, Uttar Pradesh and Uttaranchal and submitted a comprehensive report indicating to what extent the orders of this court have been complied with by the respective authorities. The Hon’ble court has further directed that each of the State shall deposit a sum of Rs.1.5 lacs each to meet the expenses of the inspection. The Central Board after carrying out in-depth inspection in each of the State, has submitted its report before the Hon’ble Court and the Hon’ble Court has accordingly accepted the report of the Central Board and directed the concerned State Governments to submit their comments on the said report. The Hon’ble Court has directed the Registry of the Supreme Court to release an amount of Rs.6,00,000/- (six lacs) to the Central Pollution Control Board. The matter is under consideration of the Hon’ble Court.

An Interlocutory Application (IA) has been filed in the Supreme Court in respect of the mercury pollution being caused by the industries in Singrauli area in U.P. located in the river Ganga Basin. The study conducted by the Central Board and report prepared thereafter on various aspects beside other agencies have been relied upon, in support of the contention raised by the petitioner. The Petitioner has also referred the problem area identified by the Central Pollution Control Board. The Central Board has submitted its detailed reply before the Hon’ble Court. In compliance of the Hon’ble Court’s order, dated 17.10.2001, the Central Board is to submit its report relating to the study report on bio-monitoring of Rihand reservoir and mercury balance in Thermal Power Plants.

This Writ Petition has been filed regarding air pollution in Delhi. The Petitioner prayed before the Hon’ble Court that due to pollution by industries and vehicular pollution, appropriate direction may be issued to the concerned authorities for taking action. The Hon’ble Court from time to time passed several orders/directions to reduce the impact of air pollution generated in Delhi. The Hon’ble Court in series of their directions further passed following orders on 26.3.2001 for compliance:-

The matter was again considered by the Hon’ble Court in the month of February, 2002.

The Special Leave Petitions were filed by the Delhi Pollution Control Committee (DPCC) against the order of the High Court of Delhi passed on 1.11.1999. The DPCC earlier identified these industries as ‘H’ Category under the Master Plan of Delhi-2001. These industries are manufacturing plasticizers Di-butyl Phthalate (DBP) by using chemical (N-Butyl alchohal and Pthalic anhydride) as raw material. Against the categorization these industries got stay orders from the High Court of Delhi. On 13.12.2000, the Hon’ble Court after consideration of the joint inspection report of the Central Pollution Control Board and the DPCC, vacated the stay granted by the Delhi High Court and directed that the manufacturing activities of both the industries shall be closed within ten days from the date of the order. The Hon’ble Court with the above mentioned directions finally disposed of the matter.

The Hon’ble Court has considered the petitions filed by the Distilleries located in Haryana on 23.1.2001 and directed that a committee consisting of Additional Secretary or such other senior officer as may be deputed by the Ministry and the Chairman of Central Pollution Control Board and Haryana State Pollution Control Board be constituted and the said committee, shall take decision with regard to allowing all or any of the distilleries to operate or not to operate. The said committee may seek such technical assistance, as it may deem fit and proper. Accordingly, the committee has consulted experts in the field of environment, particularly those who are well acquainted with the distilleries and its effluent treatment, to evolve criteria for treatment and disposal of distillery wastewater.

The Hon’ble Court on 10.4.2001 after considering various reports submitted by the Central Pollution Control Board on the status of Yamuna River, directed that the entire pollution take place only in the stretch which the Yamuna passes through Delhi which is about 22 km. The quality of water of river Yamuna is far superior than when it leaves Delhi and by the time Yamuna enters into Agra canal. The Hon’ble court further directed that when an Integrated Action Plan has been furnished, steps may be taken so as to ensure that at least by 31.3.2003 the minimum desired water quality (i.e. of class-C) of the river Yamuna is achieved.

The Hon’ble court on 6.11.2001 while considering the status of pollution in the river Yamuna observed that the deterioration of water quality which has become serious health hazard for the inhabitants of Delhi. The Government with all the resources at their command to ensure that unpolluted water or tolerable standard of water is maintained. The Hon’ble Court directed the Delhi Administration to submit a time schedule as to what it proposes to do and also indicate the phases in which the pollution level will come down to ensure that by March, 2003 no untreated sewage enters river Yamuna.

The Hon’ble Court on 4.12.2001 directed that the Government cannot allow construction without increasing the corresponding civic amenities because any such addition in the construction would increased population and the extinction of the river Yamuna. The Hon’ble Court further directed the Central Government to consider and inform the Court whether amendment is required under the Environment (Protection) Act, 1986 so as to the Environment Impact Assessment for the purposes of the town planning is incorporated.

The Petition was filed in 1998 regarding pollution caused by the several industries located in the Gajraula (Jyotiba Phule Nagar) District, U.P. It is alleged that those industries are discharging untreated effluent and emission beyond the prescribed limit as a result of which the health of the people and agricultural crops in the region severally affected. The discharge from the industries carrying industrial and chemical waste in the Bagad nullah which ultimately pollute the river Ganga. The Hon’ble court issued various directions to control the pollution in the area and the Central Pollution Control Board has submitted various inspection reports in compliance of the Hon’ble Court.

The Central Pollution Control Board has recently submitted its inspection report on 20.3.2001 after conducting inspection of M/s Insilco. In compliance of Hon’ble Court’s order dated 31.10.2001 the Central Pollution Control Board has submitted its comments on the report of the NEERI in respect of the Sodium Absorption Ratio (SAR). The matter is pending for consideration of the Hon’ble court.

This writ petition was filed in 1990 regarding pollution caused by the industries located in the cities of Lucknow, Sitapur, Lakhimpur Khiri. The Central Pollution Control Board has submitted various inspection reports in respect of the status of pollution in the river Gomti. In the same matter the Hon’ble court ordered that it seems that Nagarpalikas and Municipalities are directly discharging the polluted water into the river Gomti without any treatment. It has been suggested that modern low cost technologies have now been available where with least expenses the water could be treated before it is discharged into the river. The Hon’ble court directed the Central Pollution Control Board to submit a detailed scheme indicating for adoption of these modern low cost technologies. The Central Board has submitted on 9.5.2001 the details of the modern low cost technologies. The matter is under consideration of the Hon’ble court.

The United Communist Party of India has filed a writ petition in 2001 against the Union of India, in the High Court of Delhi at New Delhi. Central Pollution Control Board is Respondent No.2. The Petitioner has alleged that there are more than 1000 big and medium size hotels in Delhi using generator sets of 100 kVA and above ranging upto 3000 kVA and one generator of 2000 kVA create more pollution than 30 passenger buses at a time. Combustion system including boilers and big size gas burners are being operated in the kitchens and also for the health clubs of these hotels are major sources of pollution in the city of Delhi and no action is being initiated against these multinationals and against big hotels at the cost of poor person who reside in open and inhale toxic cancer causing polluted air.

Thee Hon’ble High Court of Delhi directed the following on 10.12.2001:

1. Ministry of Environment & Forests, Government of India, has to notify the emission standards for D.G.Sets (upto 800 kw) with in four weeks (i.e.by 7.1.2002).

2. The Central Board has to handle objections from concerned parties in relation to emission standards for DG sets ( above 800 kw) and draft standards are to be communicated to the Ministry of Environment & Forests, Government of India within 8 weeks (i.e. 4.3.2002). The last date of receipt of objections was 15th December, 2001.

The matter will be relisted on 4.3.2002.

The Petitioner have alleged that Respondent No. 1, the Union of India has issued public notice through Respondent No. 3, the Central Pollution Control Board in order to regulate the re-use/reprocessing of the recyclable waste in an environmentally sound manner. The actual user and registered with the Ministry of Environment & Forests, Government of India shall be allowed to participate in the sale, auction, negotiation and content of waste oil etc. No trader shall be allowed to participate in the auction. The tender was floated by the Respondent No.2, which is a generator of waste oil, regarding the allotment of transformer oil generated by the respondent company.

The Petitioner No. 2 bid for the said tender called by the Respondent No.2 for disposal of 1000 KL transformer oil but was not awarded tender despite the submission of the valid consent under the Water Act, 1974 the Air Act, 1981 and valid authorisation under Hazardous Waste (Management & Handling) Rules, 1989. It has been alleged that tender was allotted to Respondent No.5, M/s Sun Chem Industries, who is neither registered with the District Industries Centre, Ministry of Petroleum nor has any valid authorisation from the State Pollution Control Board.

The Central Pollution Control Board filed its counter affidavit taking a stand that Respondent No. 5 is processing waste oil which is ‘H’ category activity as per Delhi Master Plan (MPD-2001). And, as per Supreme Court order ‘H’ category activity is not permitted in NCT - Delhi, the industry processing hazardous waste may be shifted away from NCT of Delhi. It may be located in the industrial area.

The Hon’ble High Court in its order stated that award of the contract shall be subject to the outcome of the writ petition.

The Petitioner Hemraj & others have filed CWP No.3419/1999 in the High Court of Delhi at New Delhi against the Commissioner of Delhi Police & others. By this writ petition, the petitioner seek to enforce the statutory obligations of the police authorities to exercise their powers under the provision of Regulation 30 of Delhi Police Act, Control of Vehicular and other traffic on roads and Street Regulation, 1980 which have been framed by virtue of power vested in the Commissioner of Police under Section 28 of Delhi Police Act, 1978. The Petitioners have prayed before the Court to impose restrictions on movement of heavy and medium goods traffic movement on the entire main road from Chattarpur Mandir leading towards Bhatti mines during peek hours in the morning as well as in the evening.

Impose total prohibition on restrictions on movement and/or plying of and /or parking of heavy and medium traffic goods vehicles for all 24 hours on all the approach roads by-lanes or streets leading to various village abadi or residential areas including the approach road to Fatehpur Beri and Deragaon Village.

To issue directions to remove the illegal encroachment, workshops on the side of the main roads from Chattarpur Temple to Bhatti mines.

The Central Board has filed its counter affidavit stating therein that CPCB has delegated the powers for enforcing and implementing the provisions of Water Act, 1974 and Air Act, 1981 to committee known as Delhi Pollution Control Committee. Further, it was said that if the trucks and other vehicles are allowed to carry badarpur sand/gravel bricks in an open vehicles, these are likely to cause air pollution besides nuisance and traffic hazard. The Hon’ble Supreme Court of India in Writ Petition No. 13029 of 1986 along with Writ Petition No.393 of 1996 has earlier passed an order, dated 20.7.1998 directing the authorities to take urgent steps to tackle the acute problem of vehicular pollution in Delhi. Directorate of Transport, Government of NCT of Delhi has already issued a notification putting restrictions/prohibitions on the movement of vehicles in the NCT of Delhi.

The Hon’ble High Court vide its order, dated 10.5.2001, appointed a committee of amicus curie to assist the Court. Action taken report is to be filed on the next date of hearing. Committee constituted by the Hon’ble High Court filing its report before the High Court from time to time. Two officers of the Central Board has been nominated members of the said Committee.

These batch of 14 writ petition filed before the Hon’ble High Court of Delhi under article 226 of the constitution of India, raising common question relating to the ‘H’ category units as per Master Plan – 2001. The DPCC had issued closure direction under section 31 A of the Act to all the Units manufacturing urea formaldehyde in Union Territory of Delhi. Aggrieved by the order of closing the units approached the High Court of Delhi and same also obtained stay order. However, when the matter came up for hearing, the CPCB had to play a big role since it was CPCB who had categorized these units as ‘H’. The CPCB had to file various reports, affidavits and orders to Hon’ble Supreme Court of India, and had proved before the Hon’ble High Court that these units fall under ‘H’ category and have to shift out of Delhi. The Hon’ble High Court of Delhi, that these units falls under ‘H’ category and have to shift out of Delhi. The Hon’ble High Court dismissed the petition - stating that they are without any merit and each unit will have to pay Rs. 5000/- as cost, to be shared equally by CPCB and DPCC.

This Petition relates to the vehicles playing on Delhi roads which do not have their pollution under control. Among all such polluters the trucks using Delhi roads (especially in nights) and the DTC and blueline buses are major culprits. Among these DTC is the single largest identifiable polluter. Most of the DTC buses are old and even the newer ones run under DTC are so ruthlessly and negligently driven that the engine exhaust is extremely black and concentrated with solid particulate pollutants, leave aside invisible gaseous pollutants. The buses and trucks are driven unmindful about the health of other road users, whose lungs and eyes they fill with dirty and harmful smoke. The running of these buses in violation of provision of Environment (Protection) Act, 1986 and The Air (Prevention and Control of Pollution ) Act, 1981.

The matter was heard by the Hon’ble High Court of Delhi and after considering all the steps, the Hon’ble court on 1^st March, 2001 disposed of the petition with a view that the pendancy of CP(W) No.13029 of 1985 (M.C. Mehta Vs UOI & Ors.) in the Supreme Court involving the issues similarly to those raised in the petition, we do not consider it appropriate that those colour proceedings should be allowed to be continued in this Court. Let the petitioner approach the Supreme Court if so advised.

The fourth edition of the ‘Pollution Control Acts, Rules and Notification Issued Thereunder’ has been updated after compilation of the Acts, Rules and Notifications relating to the Pollution Control. Since the 3^rd edition published in the 1994, several enactments and notification have been issued which include the following

In addition to the above Acts and Rules several amendments in the Acts and Rules have also been incorporated and the recently notified industry specific standards for the industries like, Pesticide, Pharmaceuticals (Bulk Drugs), Soda Ash, emission standards for Brick Kilns, Specification for two Stroke Engine Oil, emission standards for new Generator Sets and Noise Standards for Fire-Crackers, etc., have also been included in this edition. The various amendments brought out to Rules such as The Manufacturing, Storage and Import of Hazardous Chemicals (Amendment) Rules, 2000, The Hazardous Waste (Management and Handling) (Amendment) Rules, 2000, etc. have also been incorporated in the existing Rules at appropriate places. The fourth Edition of the ‘Pollution Control Acts, Rules and Notification Issued Thereunder’ has been brought out in the month of September, 2001.