M C MEHTA III Vs. UNION OF INDIA

JUDGEMENT

(1.) This Court by its order dated 29.3.1990 appointed a Committee of Experts to visit Kanpur and submit its report after inspection of the Treatment Plants alleged to have been set up by a number of Tanneries. This order was passed with a view to ascertain the correct facts. The Committee so appointed visited Kanpur, inspected the Tanneries and the Primary Treatment Plants and it has submitted a detailed report. The Committee reported that some of the Tanneries have not taken any steps for installing Primary Treatment Plants and they are continuing to discharge the industrial effluent without treating the same. The Committee has further reported that some of the Primary Tanneries have no doubt installed Primary Treatment Plants but they are not operating and maintaining the same properly. While in others the Primary Treatment Plants though installed are not in working order. Some of those who have installed the Primary Treatment facilities do not operate the same regularly. The Committee has categorised on the basis of its inspection, the existing tanneries in five categories as detailed in report. It has also made recommendations for taking suitable steps including imposition of heavy fine on the tanneries. Since the respondent- tanneries challenged the correctness of the report of the Committee, the Court afforded opportunity to them for filing objections. The objections so filed have been considered by us after hearing learned Counsel for the parties at length. We do not find any merit in the objections. We, accordingly, accept the report submitted by the Committee.

(2.) The Committee has recommended for taking punitive steps against the tanneries but after hearing learned Counsel for the parties we are postponing the punitive action as we would grant one more opportunity to the tanneries for compliance of the order of this Court for setting up Primary Treatment Plants to avoid pollution. It is not necessary to refer to the earlier orders of this Court where detailed instructions had been issued to the tanneries as they are fully aware of the steps which they were directed to take.

(3.) In accordance with the report of the Committee of Experts we issue the following directions:-