IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 OP.No. 642 of 2000(S) ----------------------------- PETITIONER: ------------------- 'CRL ACQUISITION-KAKKAD-VENMANI ACTION COUNCIL', REP. BY ITS GENERAL CONVENOR, SRI.P.V.JOSE, S/O.VARKEY, AGED 48 YEARS, PARIYATH HOUSE, KAKKAD, MAMALA P.O., THUTHIYOOR. BY ADV. SRI.ISSAC NINAN SRI.A.X.VARGHESE RESPONDENTS: ----------------------- 1. UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY FOR ENVIRONMENT AND FORESTS, NEW DELHI. 2. SECRETARY, MINISTRY OF STATE FOR PETROLEUM AND NATURAL GAS, GOVERNMENT OF INDIA, SHASTRI BHAVAN, NEW DELHI. 3. CHAIRMAN, KERALA STATE POLLUTION CONTROL BOARD, PATTOM P.O., TRIVANDRUM. 4. CHAIRMAN AND MANAGING DIRECTOR, COCHIN REFINERIES LIMITED, POST BAG-2, AMBALAMUGHAL-682 302. 5. MANAGING DIRECTOR, HINDUSTAN ORGANIC CHEMICALS (HOC) AMBALAMUGHAL-682 302. 6. MANAGING DIRECTOR, INDIAN OIL CORPORATION (IOC) AMBALAMUGHAL-682 302. 7. DISTRICT COLLECTOR, ERNAKULAM. OP NO.642 OF 2000 - 2 - 8. STATE OF KERALA, REP. BY SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS, SECRETARIAT, TRIVANDRUM. 9. DIRECTOR, NATIONAL ENVIRONMENTAL ENGINEERING RESEARCH INSTITUTE (NEERI) NAGPUR. R1, R2 & R9 BY SRI.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR GENERAL R3 BY ADV.SRI.M.K. CHANDRAMOHAN DAS R4 & R6 BY ADV.SRI.E.K.NANDAKUMAR R5 BY SRI.U.K.RAMAKRISHNAN, SENIOR ADVOCATE SRI.E.K.MADHAVAN FOR R5 SRI.P.V.LOHITHAKSHAN FOR R5 R7 & R8 BY GOVERNMENT PLEADER SMT.R.BINDU ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.K.V.SABU SRI.BABU JOSEPH KURUVATHAZHA,SC,POLU.C. FOR R3 SRI.P.K.MOHAMMED PUZHAKKARA, ADDL.CGSC FOR R2 SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1,2,9 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 08/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO.642 OF 2000 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 PHOTOCOPY OF THE NOTICE PUBLISHED IN MATHRUBHOOMI DAILY DATED 18.10.98 EXT.P2 PHTOCOPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER COUNCIL DATED 15/12/98 BEFORE THE 3RD RESPONDENT EXT.P3 PHOTOCOPY OF THE LOCATION MAP EXT.P4 TRUE COPY OF THE RECEIPT FOR THE MASS PETITION RECEIVED FROM THE PETITIONER COUNCIL DATED 9.1.1999 EXT.P5 TRUE COPY OF THE REPRESETATION PREFERRED BY THE PETITIONER'S COUNCIL BEFORE THE DISTRICT COLLECTOR, ERNAKULAM DATED 11/1/99 EXT.P6 TRUE COPY OF THE REPLY PREFERRED BY THE 4TH RESPONDENT COMPANY TO THE PETITIONER COUNCIL DATED 4./2/99 EXT.P7 TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER COUNCIL DATED 30/3/99 BEFORE THE RESPONDENTS EXT.P8 TRUE COPY OF THE INTIMATION ISSUED BY 2ND RESPONDENT'S MINISTER DATED 13.4.99 EXT.P9 TRUE COPY OF THE JUDGMENT DATED 23/6/99 IN OP NO.9906/99-D EXT.P10 PHOTOCOPY OF THE INTIMATION DATED 10/9/99 ISSUED BY THE 4TH RESPONDENT EXT.P11 PHOTOCOPY OF THE REPRESETATION PREFERRED BY THE PETITIONER COUNCIL OF THE 3RD RESPONDENT DATED 18/10/99 EXT.P11(A) PHOTOCOPY OF THE ACKNOWLEDGEMENT RECEIPT EXT.P12 PHOTOCOPY OF THE REPORT WHICH CAME IN THE DESHABHIMANI DAILY DATED 31/12/98 EXT.P12(A) PHOTOCOPY OF THE REPORT PUBLISHED IN THE MATHRUBHUMI DAILY DATED 1/1/99 EXT.P13 PHOTOCOPY OF THE NEWS ITEM PUBLISHED IN THE MALAYALA MANORAMA DAILY DATED 10/12/98 EXT.P13(A) PHOTOCOPY OF THE REPORT PUBLISHED IN THE KERALA KAUMUDI DAILY DATED 8/12/98 EXT.P14 PHOTOCOPY OF THE NEWS ITEM PUBLISHED IN THE MATHRUBHUMI DAILY DATED 17/9/99 EXT.P15 PHOTOCOPY OF THE GOVERNMENT ORDER DATED 30TH AUGUST 2000 ISSUED BY THE 8TH RESPONDENT OP NO.642 OF 2000 - 2 - RESPONDENTS EXHIBITS: EXT.R4(A) TRUE COPY OF THE LOCATION MAP EXT.R4(B) TRUE COPY OF THE LETTER DATED 7TH JUNE, 2001 ISSUED BY GOVERNMENT OF INDIA TO THE CHAIRMAN AND MANAGING DIRECTOR OF BHARAT PETROLEUM CORPORATION LIMITED EXT.R4(C) TRUE COPY OF THE MONTHLY REPORT FOR JANUARY 2002 ISSUED BY THE 4TH RESPONDENT EXT.R4(D) TRUE COPY OF THE EXTRACT FROM ENVIRONMENT EFFLUENT EMISSION AND NOISE STANDARDS & GUIDELINES PUBLISHED BY THE KERALA STATE POLLUTION CONTROL BOARD / TRUE COPY / K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - O.P. No. 642 OF 2000 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of March, 2010 JUDGMENT K.BALAKRISHNAN NAIR, J. This is a Public Interest Litigation. The Action Council representing the residents around the factory of Cochin Refineries Limited at Ambalamugal is the petitioner. They say because of the functioning of the Petroleum refining unit of the 4th respondent at Ambalamugal, air, atmosphere and water are polluted. The agricultural field in the locality are also rendered useless. The wet lands and paddy fields are lying as waste lands now. 2. Though they have prayed for various reliefs in the Writ Petition, at the time of final hearing, the learned counsel for the petitioner prayed that the 9th respondent may be directed to study the extent of air, water and atmospheric pollution caused by the Cochin Refineries Limited at Amabalamugal and to submit the report to the Company and the Pollution Control Board. A copy of the same may be made available to the petitioner also. He further submits that petitioner will be OP No.642 of 2000 -:2:- satisfied, if the Pollution Control Board is directed to take further consequential action based on the findings in the enquiry report of the 9th respondent. Regarding the claim for damages, the Action Council will work out its remedies, based on the findings in the enquiry conducted by the 9th respondent, it is submitted. 3. We heard learned counsel for the respondents. 4. Having regard to the materials on record, pollution of air, water and atmosphere is caused by the functioning of the Refinery. Its extent and the damage caused thereby are only in dispute. Having regard to the facts of the case, we direct the 9th respondent to conduct a detailed study into the air, water and atmospheric pollution caused by the functioning of the factory at Ambalamugal of the Cochin Refineries Limited and submit a report to the Pollution Control Board and the 4th respondent Company with copy to the petitioner within six months from the date of receipt or production of a copy of this judgment. The 4th respondent shall meet the bill of the enquiry held by the 9th respondent. The said respondent may raise demand for advance payment on the 4th respondent for starting the enquiry. In that event, the 4th respondent shall promptly pay the demand made by the 9th respondent. The 9th respondent may raise bills from OP No.642 of 2000 -:3:- time to time and also final bill claiming the actual expenses incurred for the enquiry. 5. Upon receipt of the report of the 9th respondent, the 3rd respondent-Pollution Control Board shall take consequential remedial action as per the relevant statutes. The 4th respondent shall also take steps to abate the pollution caused by their unit, if found by the 9th respondent. The claim of the members of the petitioner action council for compensation is kept open, which they may pursue before appropriate forums based on the report of the 9th respondent. These directions are issued not in lieu of any binding directions issued by the 3rd respondent or the directions, if any issued by the Supreme Court Monitoring Committee. The Original Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE P.N.RAVINDRAN, JUDGE ttb