POLLUTION CONTROL BOARD ASSAM Vs. MAHABIR COKE INDUSTRY

JUDGEMENT

(1.) On reading the joint inspection report dated 10/11/1999, we entertained a serious doubt as to how the "experts" who signed the said report could say that the emission level of particulate matter of Units 1 and 2 conformed to the stipulated standard of 350 mg/nm, particularly when the factory is situated in a thickly-populated area. We, therefore, directed them to clarify the position. In the affidavit, now sworn to by Shri Lalit Kapoor, senior Environmental Engineer, Central Pollution Control Board (CPCB) , east Arjun Nagar, Delhi dated 4/2/2000, he has stated thus:

(2.) We are disturbed to note that the three signatories (their names are: r. C. Kataria, EE, CPCB; C. Bhaduri, REE, PCB, Assam; and M. C. Choudhury, EE, CPCB) of the joint inspection report, who are seemingly experts in the filed had prima facie abdicated their duties while reporting to this Court that the industry has conformed to the stipulated standard. Parliament has chosen to repose confidence in the authorities under the pollution Control Board, so that human beings, who are to survive by breathing air while living in thickly-habituated places located near to industries, can have a reasonably healthy life. When such authorities themselves have shown prima facie such dereliction of their duties, they must be made answerable for it. We, therefore, require them to show cause why we should not pass necessary directions in the matter.

(3.) Notice should go to the above three signatories of the report returnable within 4 weeks.