DEEPAK NITRITE LIMITED Vs. AJIT D PADIWAL

JUDGEMENT

(1.) This application is preferred by Deepak Nitrite Limited inter alia praying that the applicant unit be permitted to recommission/restart the additional capacity plant in the Nitro Aromatic Division on such condition as may be deemed just and proper. In view of the urgency shown by the Company, the permission was granted but it was made clear in our order dated 29.1.1997 that after the details are furnished by the Company, an order for payment of one per cent of the turnover of the Company will be passed, as similar orders are being passed since August, 1995 in case of many such industries, including the polluting industries in Baroda District, where the Applicant Company is carrying on its manufacturing activities.

(2.) The Company has placed before us the figures of turnover. According to that for the year 1993-94, the sale was to the tune of Rs. 6377.41 lacs, for the year 1994-95 it was to the tune of Rs. 8341.97 lacs and for the year 1995-96 the turnover was Rs. 8668.56 lacs. The maximum turn over is for the year 1995-96 and as per the principle applied in all matters, in view of the decision in the case of Pravinbhai J. Patel vs. State of Gujarat, 1995 (2) GLR 1210, the Unit is required to pay Rs. 86,69,000/- towards compensation and betterment of environment on the turnover of 1995-96 being the highest annual turnover out of the last three years.

(3.) Earlier the learned Counsel for the Unit has argued the matter and at the conclusion of his submissions, with vehemence learned Counsel submitted that the Unit is not liable to pay any compensation as in part no breach of any parameters prescribed by the Gujarat Pollution Control Board (for short hereafter referred as GPCB) has been committed by the Unit. Learned Counsel, without admitting past pollution caused by the unit submitted that an amount of Rs. 30 lacs in lumpsum will be paid by the unit for betterment of environment. We thought it fit to direct the GPCB to place on record the report of analysis. The data of the analysis reports are as under : <FRM>JUDGEMENT_476_GCD3_1997.htm</FRM> Underline shows breach of norms and extent. Solitary report indicating no breach. Out of 21 sample analysis, from 1994 to 1997, only on one occasion the unit has met with the norms and that too for the samles collected on 9.1.1997 and thus, all these years, the Unit was manufacturing products in violation of pollution control laws. The unit has been consuming 12 lakh litres of water and discharging 9.80 lakh litres of industrial effluent of the above quality (GPCB inspection report dated 18.1.1997.)