S. JAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, a former employee of the Travancore Titanium Products Limited, Thiruvananthapuram (hereinafter referred to as the Titanium Company), seeks transfer of investigation in VC 01-2015/SIU-1 of VACB (Special Investigation Unit-I), Thiruvanathapuram to the Central Bureau of Investigation.

(2.) The Titanium Company is a Public Sector Undertaking owned by the Government of Kerala. The Company is engaged in the manufacture of Titanium Dioxide Pigment. The manufacturing process generates large quantities of liquid effluent containing ferrous sulphate and sulfuric acid. This effluent was being discharged to the Arabian Sea. The Titanium Company was required to initiate steps to mitigate the pollution in view of the mandatory provisions in the Water (Prevention and Control of Pollution) Act, 1974. In the year 1976, the Titanium Company entrusted M/s.National Institute of Oceanography (NIO), Goa to carry out a detailed survey of the extent of sea pollution and suggest methods for disposal of the acid effluent. NIO suggested disposal of the diluted effluent through a submarine pipeline. But this was objected to by the local fishermen folk.

(3.) The Titanium Company engaged FACT Engineering and Design Organization (FEDO), an engineering consultancy division of the Fertilizers and Chemicals Travancore Limited (FACT), as a consultant to recommend the measures for abatement of pollution. FEDO recommended setting up a Neutralization Plant at an estimated cost of Rs.10.00 crores. The detailed project report submitted by the FEDO for the Integrated Effluent Treatment Project was approved by the Government on 20/1/2001 at an estimated cost of Rs.108.00 crores. Though a tender was floated to implement the project, the same was later abandoned.