IMPORTANT LEGAL MATTERS

Pollution by Chemical Industries in Gajraula Area in Uttar Pradesh

Writ Petition (Civil) No.418/1998, Imtiaz Ahamad Vs Union of India & Ors.

The Petition was filed one by Shri Imtiaz Ahmad, Advocate regarding pollution caused by the Chemical Industries operating in Jyotiba Phule Nagar in Gajraula area in Uttar Pradesh. In pursuance of the Hon'ble Supreme Court, the Central Pollution Control Board has made several inspection of each unit operating in the area and submitted various reports to the Supreme Court. On the basis of the CPCB reports, the Hon'ble Supreme Court on 28.2.2002 passed the orders that the industry should complied with the prescribed norms and recommendations of the Central Board. Keeping in view of the pollution impact part on the area, the Hon'ble Court has directed the U.P. Pollution Control Board to take affective measures in terms of the recommendations of the Central Pollution Control Board. The U. P. State Industrial Development Corporation (UPSIDC) to draw an environmental management plan so that no new large or medium polluting industry should be allowed to establish or no existing unit should be allowed any expansion without the consent of the appropriate authority. In view of these directions the Writ Petition has been disposed of.

Ganga Pollution Matter

Writ Petition (Civil) No. 3727/1885, M.C.Mehta Vs Union of India & Ors.

In the matter of Interlocutory Application filed by the Central Pollution Control Board before the Supreme Court of India. The Central Board has submitted the report in pursuance of Hon'ble Supreme Court's orders. In its report the Central Board has informed the Hon'ble Court the polluting sources of different municipalities which functions on the Ganga Basin. The Hon'ble Court on 23.9.2002 issued notices to all the 122 Municipal Councils as well as the concerned seven State Governments of Uttar Pradesh, Uttranchal, Bihar, Jharkhand, M.P., Rajasthan and West Bengal to explain why they have not erected the oxidation ponds and identify the land for the purpose. The mater is pending for consideration for the responses submitted by the Municipalities and the concerned State Governments.

Noise Pollution by Fire-Crackers Matter

Writ Petition (C) No.72/1998, In Re: - Noise Pollution - Implementation of the Laws for Restricting use of Loud Speakers and High Volume Producing Sound Systems Vs Union of India & Ors.

This writ petition is relating to noise pollution and is treated as public interest litigation. In order to minimize noise pollution various orders or directions have been passed by the Hon'ble Supreme Court for the implementation of the Laws or prescribed standards for restricting the use of loud speakers and high volume producing sound systems. The Hon'ble Supreme Court has also taken issues of the noise pollution by fire-crackers. It was observed that noise pollution causing health hazards. To control noise pollution and also to prevent accidents due to use of fire-crackers, the Hon'ble Supreme Court issued following directions to the Central Government all the State Governments and the Union Territories for implementation:

01. To take steps to strictly comply with the rules related to the noise standards for fire-crackers.

02. The use of fireworks or fire-crackers should not be permitted except between 6.00 p.m. and 10.00 p.m. No fireworks or firecrackers should be used between 10.00 p.m. and 6.00 a.m.

03. Fire-crackers should not be used at any time in silence zone.

04. The State Education Resource Centres in all the States and the Union Territories should take appropriate steps to educate students about the ill effects of air and noise pollution.

Now, the Central Board in the process for submitting its suggestions before the Hon'ble Supreme Court for their consideration for the effective implementation of the Noise Standards for fire-crackers.