K PRATAP REDDY Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed as a public interest litigation by an advocate of this Court. The main grievance is that extensive agricultural operations are taking place in Nalgonda District, but, on account of establishment of number of Cement Industries, the pollution has reached to a maximum stage, as a result, not only agriculture is being hampered but also creating health hazard to the inhabitants of the villages. Horticulture has been seriously affected apart from water pollution and air pollution. Number of Cement Industries have been established in Nalgonda District because of heavy deposits of lime-stone in between the villages which is the principal raw material for production of cement. The principal grievance of the petitioner is that there is enormous water, air and environment pollution and the authorities constituted under the Air (Prevention and Control of Pollution,) Act, 1981 (for short 'the Act') are not evincing any interest, with the result, the villagers are put to serious inconvenience apart from serious environmental pollution taking place in the entire area. It is also stated that even some of the Industries were issued notices identifying the pollution and they were directed to set-right the emission of pollution within the permissible limits. Large extents of areas running into miles are being polluted by the emission by means of air and water pollution and proper machineries are not being installed by the concerned cement industries Even if the pollution control devices are installed, they are not being operated for various reasons. Therefore, the petitioner seeks appropriate directions in this regard to the authorities to discharge their functions as set out in the various Prevention Acts.

(2.) The Pollution Control Board-respondent No.5, field a counter affidavit stating that the industries established in the Nalgonda District area are being inspected from time to time. They admit that the cement manufacturing activity involves use of raw material like limestone, coal, gypsum, etc. In the process of cement manufacturing, dust emits at various stages like kiln, raw mill, coal mill, crusher house, transfer points, cement mill and packing plants. The dust being light, gets carried over by air and falls on the nearby areas either on the tree plantation or on the water which is injurious to health. It is also adimitted that Cement Industry is injurious to plantation and it arrests the growth of the plant and also injurious to human health causing public nuisance etc. However, the learned Counsel for the Pollution Control Board submits that every possible steps are being taken to inspect all the Cement Industries and satisfy about the erection and functioning of the Pollution Control Devices and wherever such devices are not working, the management of the industries are being issued notices and appropriate actions are being taken against them.

(3.) The learned Counsel for the Cement Industries Mr. E. Monohar and J. Chalemeshwar submit that the pollution emitted from the industries are within the permissible limits and they assured that the industries are being run within the permissible limits prescribed under the Act. They also submit that it is open for the authorities to make surprise inspections in respect of the Units and if there is any deficiency in confirming to the standards prescribed under the respective Acts, necessary action may be initiated against them.