CWP NO. 5079 OF 2002. ::-1-:: IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 5079 of 2002. Date of Decision: 4th October, 2008. Court on its own motion Petitioner through Mr. M.L.Sarin, Sr. Advocate [amicus curiae] with Mr. D.B.Singh, Advocate. Versus State of Punjab & Ors. Respondents through Mr. Amol Rattan Singh, Addl.AG, Punjab with Ms. Sonu Chahal, DAG, Punjab. Mr. Rameshwar Malik, Addl.AG, Haryana. Mr. Dinesh Nagar, Advocate, for Haryana Pollution Control Board. Mr.Akshay Bhan, Advocate, for the Industry. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SURYA KANT. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? SURYA KANT, J. This order shall dispose of Civil Writ Petitions No. 5079 of 2002 and 5957 of 2007 as common questions of law and facts are involved in both the cases. For brevity, the facts are being taken from Civil Writ Petition No. 5079 of 2002, suo-moto initiated by this Court on the basis of a news item dated 21st March, 2002 which appeared in the Chandigarh News Line under the caption “This mill rides roughshod over rules, to discharge a torrent of disease”. [2]. M/s Rana Mohendra Papers Limited, Village Fatehpur [Sialba], District Ropar [here-in-after referred to as “the Industry”] was granted consent to manufacture Duplex Board @ 25 TPD on 5th CWP NO. 5079 OF 2002. ::-2-:: September, 1990. Some of the many conditions imposed by the Punjab Pollution Control Board [ in short “the Board”] were that “the industry shall dispose of treated effluents conforming to IS:2490 [Part-I]1981 onto land for irrigation and shall not allow to it stagnate any where inside or outside their premises; the industry shall submit the performance study of the treatment facility within a period of 3 months after commissioning of the treatment plant; and the industry shall lay down a proper net work of pipe lines for effective distribution of trade effluent for irrigation purposes”. It appears that the Industry started manufacturing 'Kraft Paper' in October, 1990 by using straw, sarkanda, bagasse, rag waste paper, caustic soda and alum as raw material in violation of the conditions of consent to establish. A sample of the trade effluent discharged by the Industry was collected by the Board on 6th February, 1991 and all the parameters like BOD, TDS and TSS were found in excess of the limits prescribed for such discharges into inland surface water. [3]. The report led to the issuance of a show cause notice to the Industry on 4th July, 1991. However, it was after a lengthy correspondence and various visits to the Industry by the Environment Protection Squad of the Board that a notice under Section 33-A of the Water [Prevention & Control of Pollution] Act, 1974 [for short “the Act”] was issued on 30th October, 1996, followed by an order dated 14th February, 1997 “for the closure of the industry”. The Industry then approached this Court by way of Civil Writ Petition No.7241 of 1997 in which interim directions to restore its electricity connection and to conduct comprehensive study of the Industry, were issued to CWP NO. 5079 OF 2002. ::-3-:: the Board. Thereafter, the Industry was allowed to operate only at that manufacturing capacity at which its existing effluent treatment plant was adequate. The Industry was further directed not to discharge any effluent into Siswan Choe and to utilize whole of its treated trade effluent onto land for irrigation. [4]. The samples of the effluent taken from the Industry on 11th May, 1998 having failed, the Board declined consent to the Industry vide order dated 29th July, 1998. On an appeal by the Industry, the Appellate Authority directed to inspect the industry and re-collect the samples of the treated trade effluent. The samples were collected on 28th January, 1999 and 7th April, 1999 respectively but the same did not meet with the prescribed standards. The Appellate Authority, in the circumstances noticed above, directed the Industry to submit “time schedule for providing adequate water pollution control devices” but it failed to do so. The Appellate Authority, after holding that the “Industry is creating water pollution and causing degradation to environment” and that “ample opportunity has been extended to the industry to cure these ills but they have failed to do so”, confirmed the directions issued by the Board under Section 33-A of the Act. [5]. The Industry thereafter applied afresh for “Consent to Operate” under the Act on 18th September, 2000 with the plea that it will use 20% waste paper as raw material instead of the present 5%. It also submitted affidavits from the nearby farmers that they will use its treated trade effluent on their land measuring approximately 36 acres. The Industry was allowed temporary power connection for two CWP NO. 5079 OF 2002. ::-4-:: months on consideration of this request. However, the sample taken by the Environment Protection Squad of the Board on 7th December, 2000 failed again. It further appears that even when the digesters of the Industry were sealed on 22nd March, 2001, it unabatedly continued to discharge its treated trade effluent into Siswan Choe, turning it into a disastrous torrent of disease as reported in the news item. [6]. On 26th July, 2002, this Court directed the Board Authorities to collect fresh samples and submit the report after getting them tested in three different Laboratories. The reports, however, having been found far from satisfactory, the Haryana Pollution Control Board was directed on 19th September, 2002 to collect samples of the effluents being discharged by the Industry and file a report. The Experts from the Punjab and Haryana Agriculture Universities were also associated to collect samples of the soil where the effluents were being discharged by the Industry and test them in the laboratory to find out whether the crops, fruits and vegetables etc. grown over there were inflected and could cause any disease to the consumers. [7]. Suffice it to say that based on these reports and meanwhile having regard to the assertion made by the Industry that various effective steps had been taken by it, this Court got joint inspections conducted from the Punjab and Haryana Pollution Control Boards. [8]. On 18th December, 2006, this Court reminded to one and all the importance of ecological and environmental issues being the CWP NO. 5079 OF 2002. ::-5-:: foundation of a citizen's life as also the mandate of Article 21 of the Constitution which provides much more than an animal existence with clean air and healthy environment. Learned amicus-curiae was requested to inspect the site of the industry and submit a report regarding the discharge of its trade effluent in Siswan Choe. [9]. Vigorous monitoring done by this Court forced the authorities to come out of their slumber and take action against the Industry as permissible in law. The Punjab Board passed an order dated 5th April, 2007 under Section 33-A of the Act whereby the Industry was directed to dismantle and remove all its outlets and stop forthwith the discharge of its trade effluent onto land for stagnation or through any other mode. The Industry was restrained from restarting any process unless all necessary water pollution control measures were taken and concentration of various pollutants in its treated trade effluent conformed to the effluent standards laid down by the Board for such discharge. It was further directed that the Industry will not restart discharging the effluents until it obtains the consent of the Board under Section 25/26 of the Act. The Punjab State Electricity Board was also directed to disconnect the electricity supply available to the Industry. [10]. The aforementioned order dated 5th April, 2007 has been assailed by the Industry in Civil Writ Petition No. 5957 of 2007 which is also being disposed of by this order. [11]. As the Industry came up with the plea that all remedial measures have now been taken by it to ensure that its trade effluents conform to the standards prescribed by the Board, a status report CWP NO. 5079 OF 2002. ::-6-:: was asked from the Board authorities. The Assistant Environmental Engineer, Nodal Office, Mohali has submitted the latest status report which reads as follows:- “Earlier the petitioner industry was manufacturing duplex board using agro waste as raw material. The industry changed its manufacturing process and product in Dec. 2006. Presently the petitioner industry is engaged with the manufacturing of writing and printing paper using waster paper as raw material. The Industry has installed an effluent treatment plan consisting of collection sump, settling lagoon, settling tank and clarifier. The treated effluent is discharged onto land for irrigation. It has also installed 2 Boilers of steam generation capacity 8 T/hr. Out of which one is in operation and the other is in dismantled condition. Multi Cyclone with heat recovery unit has been installed as air pollution control device. The samples of the treated trade effluent from the outlet of Effluent Treatment Plant were collected by the Punjab Pollution Control Board on 13.09.2007. As per the analysis report, the various parameters of the effluent sample such as PH, Total Suspended Solids, Bio- chemical Oxygen Demand and Chemical Oxygen Demand were observed to be within the permissible limits as prescribed by the Board. Accordingly, consent to operate an outlet u/s 25/26 of Water [Prevention and Control of Pollution] Act, 1974 has been granted to the industry by the Board which is valid upto 14.10.2008. Emission samples from stack attached to the Boiler after air pollution control device were also collected by the Punjab Pollution Control Board on 13.09.2007. As per the analysis report, Suspended Particulate Matter in the emission was found to be 446 mg/Nm3 . The industry has CWP NO. 5079 OF 2002. ::-7-:: been granted consent to operate u/s 21 of Air [Prevention and Control of Pollution] Act, 1981 which is valid upto 31.12.2008”. [12]. In addition to the above reproduced status report, which does suggest that the trade effluents/emissions discharged by the Industry now conform to the parameters laid down by the Board, learned counsel for the Board has stated, at the Bar, that for the time being, no pollution whatsoever is being caused by the Industry. [13]. Having regard to the subsequent events noticed above and the categoric stand taken by the authorities of the Punjab Pollution Control Board that the Industry is no more causing any air or water pollution, the writ petition filed by the Industry impugning the action taken against it by the Board under Section 33-A of the Act, in a way, has been rendered infructuous. We order accordingly. [14]. We are further of the view that the stage is now ripe to dispose of the suo-moto proceedings as well, though with a caveat that the disposal thereof, in no circumstances, shall be construed to mean that the authorities in the Board are absolved of their statutory responsibility to take samples of the trade effluents of the industry from time to time and keep on monitoring to ensure that no air or water pollution is caused by the said industry. Since the consent has been granted by the Board to the Industry for a limited period, i.e., up to 31st December, 2008, we direct that before granting further consent, the Board authorities shall collect samples of the trade effluents/emissions and only after ensuring that the Industry conforms to the prescribed parameters that further consent shall be CWP NO. 5079 OF 2002. ::-8-:: accorded. [15]. We have purposefully referred to the facts and circumstances which led to the devastating impact on the air and water in the area around the Industry to remind the authorities concerned that remiss, if any, on their part in future, might lead to more serious implications and, thus, would invite stringent action by this Court against them as well as the Industry. [16]. While expressing our gratitude to the authorities of Haryana Agriculture University, Hisar as well as Haryana Pollution Control Board, who extended their expert assistance to this Court from time to time, we direct the Industry to pay a sum of Rs.21,870/- incurred by the HAU, Hisar in soil testing as also pay the amount billed by the Haryana Pollution Control Board for conducting the tests under the directions of this Court. The needful shall be done within a period of two months. [17]. Disposed of accordingly. No orders as to costs. ( SURYA KANT ) JUDGE October 04, 2008. ( T.S.THAKUR ) dinesh CHIEF JUSTICE