SUO MOTU Vs. VATVA INDUSTRIES ASSOCIATION

JUDGEMENT

(1.) This suo motu petition was at the instance of a note filed by the Assistant Environment Engineer of the Gujarat Pollution Control Board. That note dated 1-12-1998 records that during the visits and inspections, Board officials observed huge quantity of hazardous wastes dumped near Ramol village. It is stated that earlier under similar circumstances, this Court had initiated suo motu action against some industrial units situated at G.I.D.C., Vatva, in Special Civil Application Nos. 5258 to 5264 of 1997 and the directions issued in those proceedings were not complied with. It is then stated that the Gujarat Pollution Control Board had received a number of complaints from the nearby villagers/farmers and the President of the Ramol Nagar Palika, alleging that due to the pollution by some units, their well-water was contaminated with colour. Accordingly, it is stated that the Board visited the site on 13/10/1998. A copy of the report was attached with this note. It is then stated that in view of the above, the High Court was requested to take appropriate action against the defaulting units and the Vatva Industries Association may be directed to take action to stop unauthorised movement/disposal of waste by its member units. By order dated 8-12-1998, this note was registered as a petition. It is stated that this note was directly given by the learned Counsel to the Court on that day. This Court had directed the Association to appear through a responsible officer with necessary particulars. Five industrial units shown in the report were required to furnish the copy of the report with notice to the Association.

(2.) . The five units who were named, appeared and they filed their affidavit and by order dated 26-7-1999, notices to those respondent Nos. 3 to 7 were discharged. The Counsel for the Board was directed to investigate into the facts against the proprietorship of the dumping site and its managers as well as the persons responsible for dumping the industrial waste in the said area and submit the same before the Court. A visit report has been filed with the affidavit-in-reply of the Assistant Environmental Engineer, Mr. P. N. Pandya. In that report it is stated that the Assistant Environmental Engineer and the Senior Scientific Assistant had visited the Ramol Nagar Palika office and they contacted a clerk and a peon and gathered the survey numbers. Survey No. 329A belongs to the Ahmedabad Electricity Company, while in Survey No. 329-B, a 'Prathmik Arogya Kendra' is situated. On Survey No. 330, the sludge was dumped and that land belonged to 'Bhudan Karyalaya' and owned by one Akbarmiya. It is stated that Akbarmiya passed away some time back and the land was with Mr. Jakshi Bharwad and he is the person who can tell as to who had dumped the sludge and why. It is stated that they also contacted Shankerbhai Patel, President of the Vatva Industries Association, to identify the industries who had dumped the sludge waste, but they were told that the area was out of G.I.D.C and not within the purview of the Vatva Industries Association. It is stated that they therefore not knowing as to who had dumped the sludge waste, has asked the owner of the land Jakshi Bharwad to tell about the dumping of the solid waste.

(3.) . A peculiar feature of this petition is that a note prepared by an Assistant Environmental Engineer of the Gujarat Pollution Control Board was directly submitted to the High Court, through the Board's Counsel as stated by him, with a request to take action against the defaulting units and issue necessary directions on the Vatva Industries Association to take steps to stop unauthorised movement/ disposal of waste by its member units. It was sought to be submitted that this note was placed before the Court pursuant to the directions given earlier in a group of matters being Special Civil Application Nos. 5258 to 5264 of 1997, which was disposed of by a Division Bench of this Court on 17-11-1997. A copy of that order is shown to us. That was a suo motu petition against six named industries and not against the Association. In that order, the Court took note of the fact that one of those six industries had its own arrangement for storage of hazardous waste material and proper records were maintained. It also took note of the fact that one other industry out of those six, were closed since long and there was no question of that unit dumping any hazardous waste. The remaining four units who were Alpanil Industries, Assish Chemicals, Tapship Industries and Meghmani Dyes and Intermediates, made a statement that they are willing to pay a sum of Rs. 20,000.00 each for the default committed by them within two weeks from that date. Those units were directed to pay the amount within two weeks and the registry was directed to deposit the same in the default account. It is made clear that the note of the Assistant Environmental Engineer on the basis of which suo motu action was started, was not filed in connection with non-payment of the amount as directed in that earlier order of the Court by those four units. Reliance was however, placed on paragraph 2 of the order in which it was recorded that assurance was given to the Court that henceforth all the units will see that hazardous waste is stored in accordance with law and no breach will be committed. Undertaking was required to be filed by all those units within a period of two weeks from the date of the order. It is not made clear in the note of the Assistant Environmental Engineer as to whether there was any breach of the undertaking given by any of those units. If there was any breach of undertaking, the proper course was to file a petition for taking action by way of contempt proceedings.