KINFRA INDUSTRIES CHAMBER Vs. THE STATE OF KERALA

JUDGEMENT

(1.) The challenge in both these writ petitions is with regard to allotment of a plot of land to the 5 th respondent in W.P(C).No.14612 of 2014. The contention of the petitioners is that the allotment of land is in a food park. It is contended that the allotment of 2.25 acres of land for a highly polluting industry in an industrial park, which is established for the purpose of food manufacturing and allied industries, is completely violative of the very purpose for which the industrial park is set up. Relying on the decisions of the Apex Court in Vellor's Welfare Forum v. Union of India and others [(1996)5 SCC 647] and Bhopal Gas Peedith Mahila Udyog Sangathan v. Union of India [(2012)8 SCC 326], it is contended that a general area attached to a food processing park cannot be used for a highly polluting industry like a gold manufacturing unit which uses extremely toxic materials. It is stated that the original proposal submitted by the 5 th respondent was admittedly for an industry in the red category and the grant of integrated consent treating the unit as a green category is completely violative of the categorisation provided in Rule 12 of the Prevention and Control of Pollution (Uniform Consent Procedure) Rules, 1999. It is stated that the revised list of red category industries would show that gold and silver smithy using sulphuric acid is liable to be treated as a red category industry and the recategorisation is completely without any basis.

(2.) The learned Senior Counsel appearing for the petitioner in W.P(C).No.3692 of 2015 would submit that Exhibit P2 licence agreement would make it clear that the industrial park in question is conceived as a food processing park. It is stated that the final document of revised classification of industrial sectors under the 'red', 'orange', 'green' and 'white' categories as on 29.2.2016 would make it clear that gold and silver smithy is admittedly red category industry. It is stated that melting, anodizing, burn out, casting and chatka process, which is essential in the case of a ornament manufacturing unit would undoubtedly render the industry red category industry. It is stated that the use of sulphuric acid, nitric acid, potassium cyanide, copper, cadmium, zinc, nickel, selenium, tellurium, ruthenium, iridium etc. would result in toxic fumes containing chlorine dioxide, sulphur dioxide and nitrogen dioxide and metal vapor contaminating the nearby atmosphere and will produce dry deposition which would be detrimental to the food manufacturing units of the petitioners. The learned Senior Counsel has also stated that a gold chatka unit is used for polishing gold jewellery with the use of sulphuric acid and nitric acid and is a highly polluting exercise.

(3.) The KINFRA has filed a detailed counter affidavit contending that the industrial park is not conceived as a food park alone and that it has several zones including food zone, agro based zone, IT/ITES zone and a general zone. It is stated that the revised proposal submitted by the project proponent had been scrutinized in detail and found that it answers all the requirements of an industry under the green category and integrated consent had been granted for the same. It is stated that all due precautions will be taken by the KINFRA to see that the industry does not cause pollution as is apprehended by the petitioners and that it conforms to all the requirements of a green category industry. It is submitted that the consent to establish the industry had been given as early as in 2014 and no challenge is raised against the said consent even in these writ petitions. It is unequivocally stated that the KINFRA park at Kakkancheri is not a food park, but is an industrial park with a specifically defined food manufacturing zone as well.