P.M. PAREETH AND OTHERS Vs. STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, STATE SECRETARIAT, THIRUVANANTHAPURAM

JUDGEMENT

(1.) The petitioners have approached this Court aggrieved by the conduct of an Industrial Unit by the 6th respondent. In the writ petition, it is stated that they own property, neighbouring the Industrial Unit conducted by the 6th respondent, where 'Papaya crusts' are manufactured. It is the case of the petitioners that the effluents discharged from the Industrial Unit of the 6th respondent are causing pollution to the Wells in their property and this has become a source of nuisance for the petitioners, which they seek to get abated. The prayer in the writ petition is for a direction to the Panchayath, as also the Pollution Control Board, to refrain from granting extensions of licenses to the 6th respondent, and to prevent the 6th respondent from running the Unit in gross disregard of the pollution control norms.

(2.) Through a report submitted by the Environmental Engineer of the Kerala State Pollution Control Board, pursuant to the directions of this Court on 17.11.2016, it is stated that, although initial measurements done by the Pollution Control Board indicated that the Industrial Unit carried on by the 6th respondent did not have satisfactory effluent control measures, thereby leading to contamination of the Wells in neighbouring properties, including that of the petitioners' herein, the respondent Board had issued necessary instructions to the 6th respondent for the purposes of improving the effluent treatment process. A subsequent inspection conducted by the Board revealed that the 6th respondent had not complied with the conditions required of it and when pursuant to a third inspection of the premises, it was noticed that the 6th respondent had not taken adequate steps, the respondent Board issued a closure intention notice to the 6th respondent's Unit. It is stated that, thereafter, and apprehending a possible closure of the Unit itself, the 6th respondent installed an additional effluent treatment plant, and also installed a solid waste burner with water scrubbing arrangement and adequate Chimney height for the purposes of disposal of solid wastes. The net result of the above measures adopted by the 6th respondent was that, in the analysis that was conducted subsequently, the parameters for effluent discharge from the 6th respondent's Unit were found to be at a satisfactory level, as evident from Ext.R4(k) analysis report pertaining to the Unit of the 6th respondent. In particular, it is seen that the PH level of water arose from the earlier lower level to a range of between 5.8 and 6.7, which is within the permitted range stipulated by the Pollution Control Board for the effluent discharged from the premises of the 6th respondent Unit. The analysis report also indicates that the other parameters such as BOD (Biochemical Oxygen Demand), SS (Suspended Solid), Iron, Chloride, Nitrate, Sulphate and Sulphide Oil and Grease were also within the specified limits. The analysis report in respect of the water drawn from the Wells of the petitioners also showed a considerable improvement in terms of PH levels from what prevailed earlier. It is stated that, no doubt, even going by the present analysis report in respect of the water drawn from the Wells of the petitioners, the PH level is lower than the ideal state, but it is opined that, this would improve over a period of time, if the effluent discharge by the 6th respondent continues to be maintained with the present levels of compliance with the norms stipulated by the Pollution Control Board.

(3.) Taking note of the said analysis report of the Pollution Control Board, which is the statutory authority entrusted with the task of monitoring the levels of pollution in Industrial Units, I dispose the writ petition, by directing the respondent Panchayat to consider the application of the 6th respondent for renewal of the license based on the report of the 4th respondent Board, and by directing the said Panchayath and the Pollution Control Board to also ensure that the 6th respondent adheres to the limits set by the Pollution Control Board in respect of the effluent discharged from the Unit. I make it clear that, nothing in this judgment shall stand in the way of the petitioners herein approaching the respondent Panchayat with a complaint, in the event of any pollution/contamination noticed in the water in the Wells maintained in their premises, as also on account of any solid waste that is discharged into their premises from the Unit of the 6th respondent. In the event of any such complaint being received by the respondent Panchayat, the respondent Panchayat shall promptly look into the said complaint and take remedial measures, after consulting the 4th respondent Board, as also the District Medical Officer concerned.