(1.) A letter from the Principal of Acharya Narendra Dev University, Babnan, Distt. Gonda, (U. P. ) was treated as an application under Article 32 of the Constitution. Grievance had been made by the educational institution through its Principal alleging pollution to the locality by respondent 3, a sugar factory by discharge of polluted effluent as also the ash component from the boiler.
(2.) We have heard counsel for the parties. Counsel for respondent 3 agrees that effluent treatment instruments shall be fixed so as to meet the requirement before the factory is commissioned again some time in October 1991. Sugar manufacturing is a seasonal business depending upon the availability of sugarcane and the cane production is carried on for about five months period between October and March every year. On the basis of the representation made on behalf of the factory that effluent treatment would be completed before the manufacturing process in October is re-started we hope and expect that the mischief caused by the discharge of the effluent would abate by October this year.
(3.) So far as the ash component is concerned we have been told by counsel for respondent 3 that the factory was set up in 1932 and the device available then never took into account problem of atmospheric pollution. It has also been pointed out that there were hardly any people living around the factory when it was set up. He assures us that steps hava already been taken to replace the boiler system by which there would be control of the ash component going out from the factory area into the atmosphere. But for this purpose, orders have been placed at a cost of about four crores of rupees and it is expected to be fitted by June 1992. The Pollution Control Board of Uttar Pradesh shall ensure that before the manufacturing process is commissioned in the current year effluent treatment is made to the fullest extent and before the same process is re-started in the year 1992 discharge of the ash component is appropriately arrested so that atmospheric pollution is not continued. The Uttar Pradesh Pollution Control Board shall file appropriate affidavit in the Registry of this court first in the course of September 1991 and again in the course of September 1992 indicating compliance of our respective directions based upon the undertaking of counsel to this court.