LexIN RE: BHAYANI RIVER - SAKTHI SUGARS LTD. versus --
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IN RE: BHAYANI RIVER - SAKTHJ SUGARS LTD. A ~- JANUARY 29, 1998 [DR. A.S. ANAND, B.N. KIRPAL AND V.N. KHARE, JJ.] B Environmental Law : ~ Water (Prevention and Control of Pollution) Act. 1974 S. 33 A-River pollution-Industrial effluent polluting river water-Storage of effluent in lagoons for treatment, and disposal of treated effluent-Directions given to 'lndust1y' by Tamil Nadu Pollution Control Board-Non-compliance of- c Held, pollution is continuing because of actions of Industry-No remedial steps taken to prevent pollution and contemination of river water-Factory failed to arrest unabated pollution which has become a health hazard and environmental enemy-Closure of operation of Industry ordered-Afler the directions are complied with, it would be open to the Industry to approach D the Court for restarting its operations. _....; CIVIL APPELLATE JURISDICTION: Special Leave Petition (C) No. 22597 of 1997 From the Judgment and Order dated 17.7.97 of the Madras High Court E in W.P. No. 17333of1995. H.N. Salve, R.Mohan, B.Divan, Raju Ramachandran, S. Muralidhar, M.A. Chinnasamy, V.A. Pragasam, P.H. Parekh, Ms. Sunita Sharma, Ms. V. Mohana, C. Paramasivam, Rakesh K. Sharma and A. Mariarputham, for the apperaing i: parties. F ~ The following Order of the Court was delivered : ' •.:• An additional affidavit of Undertaking has been filed in Court today by Mr. P Natarajan on behalf of the Industry, respondent No. 6. G We have heard learned counsel for respondent No. 6, the learned Amicas Curiae as also the learned counsel apperaing for Tamil Nadu Pollution ·- r- Control Board. From a perusal of the affidavit filed by the Member Secretary, Tamil Nadu Pollution Control Board on 12-1-1998, it transpires that certain directions H 431 432 SUPREME COURT REPORTS [1998] l S.C.R. A were issued by the Borad in exercise of the powers conferred under Section 33A of the water (Prevention and Control of Pollution) Act, 1974, as amended in 1988 to respondent No. 6. These directions were inter alia aimed at ensuring proper storage of effluent in lagoons and for ensuring proper storage of effluent in lagoons and for proper treatment and disposal of the treated B effluent. As many as 11 directions, as detailed in the affidavit, were given. Para 5 of the said affidavit discloses that the Industry (respondent No. 6) has not complied with direction Nos. 6, 7, 8 and 9. It is also stated that during the inspection of the Industry on 23rd of November, 1997, it was noticed that the seepage of effluent from lagoon 'C' joined the drain and ultimately reached river Bhavani thereby contravening the conditions imposed in the C directions by the Board. The affidavit goes on to say that show cause notice was also issued by the Board to the Industry calling upon it to state why penal action for offences punishable under Section 44 read with Section 45 (a) of the Act should not be initiated for violating the conditions imposed by the Board. D Respondent No. 6 in its affidavit filed on 27th of January, 1998 has not denied that 11 directions had, been issued to it by the Board and that some of those directions have not been complied with. It is stated in para (d) as follows : "In respect of the direction of the Tamil Nadu Pollution Control Board E at Para (viii) that the Company shall give progress report on disposal of accumulated effluent in lagoons eve:-y fortnight and also fortnightly progress report on the action§ taken to comply with the conditions stipulated in the Consent Order issued by the Tamil Nadu Pollution Control Board, it is submitted that the Company has furnished daily F statements giving complete particulars of the effluent generated, effluent utilised for compositing and for concentration, inflow into lagoons, outflow from the lagoons and other detailed particulars. The receipt of these daily statements by the Tamil Nadu Pollution Control Board is acknowledge in their Affidavit filed before this Honourable Court. Apart from the daily statements, the Company has also furnished G consolidated and fortnightly reports to the Joint Chief Environmental Engineer of the Tamil Nadu Pollution Control Board." In the affidavit of Undertaking filed on behalf of respondent No. 6 today it is stated that since 16th of January, 1998, the production capacity of the Industry has been reduced and ferti-irrigation has been completely stopped. H It is also stated that the entire
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