NARENDRABHAI DHANABHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed against the respondent No.3 - the Chemical Company as well as the State Pollution Control Board to comply with the directions issued by this Court in Special Civil Application No.5280/1995. The petitioner has prayed for the following reliefs :-

(2.) It is the case of the petitioner that he is the Vice President of Khedut Utkarsh Mandal, which works for the benefit of the farmers of Panchmahal District and is having 2700 members, many of whom are having agricultural lands at Village Ranjitnagar, Taluka Ghoghamba, District Panchmahals surrounding the respondent No.3 - the chemical Company.

(3.) It is also the case that on account of the pollution caused by the manufacturing activity carried out by the respondent No.3, not only the crops have been damaged but even subsequently, the underground water and the air are damaged to such an extent that the same is affecting the health of the villagers. It is the case that the respondent No.3 is engaged in the manufacture of Refron Gas and for such an activity, the respondent is using chemicals like chlorine, Oleum, Hydrochloric Acid, Chlorocarbon Gypsm etc. It is alleged that in the night hours, the poisonous gases are released by the respondent No.3 causing irritation in the eyes and other respiratory problems to the public at large and has affected the crop yield as well as the milk yield from the cattle.