HIMANSHU CHANDOLA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) All these Writ Petitions have been filed in larger public interest seeking a direction to the State Government and the State Pollution Control Board to cause an inquiry through a body of experts, and to take action against those industries which are causing environmental degradation, and are acting in violation of the guidelines prescribed in the Environment (Protection) Rules, 1986 and the Water (Prevention and Control of Pollution) Act, 1974.

(2.) It would suffice for the disposal of these four writ petitions to take note of the contents of, and the relief sought for in, WPPIL No.77 of 2017; and the directions issued by this Court, therein, from time to time. WPPIL No.77 of 2017 is filed by Shri Himanshu Chandola, an agriculturalist from Udham Singh Nagar District, who complains of the failure of the respondents to take action against the recalcitrant industries which have caused severe environmental damage to the surrounding areas. He seeks a writ of mandamus commanding respondent nos.1 to 3, i.e. the State of Uttarakhand, the District Magistrate, Udham Singh Nagar and the Uttarakhand Environment Protection and Pollution Control Board to restrain the private respondents (industries causing pollution) from spreading pollution in the surrounding public areas, and to take action against them for causing water and air pollution. A mandamus is also sought commanding these private industries to ensure that they maintain the pollution standards as per the existing norms.

(3.) A Division Bench of this Court, by its order dated 17.08.2018, directed the Central Pollution Control Board to inspect each and every industry in the State of Uttarakhand, to ascertain whether or not the norms laid down under the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, the Hazardous Wastes (Management and Handling) Rules, 1989, and the Environment (Protection) Rules, 1986 are being complied with, and thereafter submit its report to this Court.