SOLANKI JASWANTSINH KALUSINH Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) PETITIONER has raised grievances about the inefficiency and the incapacity of the officers of the Pollution Control Board to control the contamination of underground water in Boriya Khurad village, causing serious health hazards.

(2.) CONSIDERABLE duties and responsibilities have been bestowed on the Officers of the Gujarat Pollution Control Board (for short `gpcb') under the Water (Prevention and Control of Pollution) Act, 1974, (for short `the Water Act') for prevention and control of water pollution and to ensure that the industrial and domestic effluents are not allowed to be discharged into the water courses without adequate treatment, as such discharges would render the water unsuitable for human consumption, irrigation and the marine life.

(3.) THE 4th respondent had set up a dyeing and manufacturing unit in the above mentioned village for manufacturing dyes and intermediates which had discharged chemical and other toxic subject into the underground bore-wells of the 4th respondent factory, which in turn contaminated the water in nearby bore-wells causing serious water pollution and health hazards to the villagers and farmers. This fact was noticed by the Environmental Engineer of the GPCB in an inspection conducted on 19. 04. 2004. Samples of water from the bore-wells were taken by the Officers of the GPCB and were tested. It was revealed that there was contamination of underground water in the nearby areas due to discharge of effluents into the underground bore-wells by the 4th respondent's Unit. Consequently, a closure order dated 13. 04. 2004 was issued to the 4th respondent by the GPCB in exercise of powers conferred under the Water Act, the Air (Prevention and Control of Pollution) Act, 1981, (for short `the Air Act') and the Hazardous Waste (Management and Handling) Rules, 1989, (for short `the Rules') framed under the Environment (Protection) Act, 1986, (for short `the Environment Act' ). An application preferred by the 4th respondent unit for manufacture of certain products was also rejected stating as follows:-