BHAVANI RIVER SAKTHI SUGARS LTD Vs. STATE

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment and order of a Division Bench of the High Court of Judicature at Madras in Writ Petition No. 17333 of 1995 dated 17th July, 1997.

(3.) After hearing learned counsel for the parties and examining the record we are satisfied that the matter before the High Court was one of public interest and required an in-depth examination by the Court. The Division Bench of the High Court, it appears to us, failed to appreciate the true significance of the matter regarding the need to arrest the unabated pollution, which had become a health hazard and environmental enemy because of discharge of objectionable effluents from the distillery into Bhavani River and adjoining areas. The High Court fell in error to dispose of the writ petition merely on the consent of the Tamil Nadu Pollution Control Board. Matters like this, which involve greater public interest should not normally be decided merely on consent of the Pollution Control Board. We are somewhat unhappy about the manner in which the Pollution Control Board gave its consent unmindful of the grave consequences, which have been amply demonstrated before us. The order of the High Court, therefore, cannot be sustained. We accordingly, allow this appeal and set aside the order of the High Court and remand the writ petition to it for its fresh disposal in accordance with law.