C/WPPIL/13/2012                                 ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                   WRIT PETITION (PIL) NO. 13 of 2012

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                   AMARSINHBHAI CHOPRA....Applicant(s)
                               Versus
                     CHAIRMAN & 11....Opponent(s)
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Appearance:
MR NIRAV C SANGHAVI, ADVOCATE for the Applicant(s) No. 1
DELETED for the Opponent(s) No. 3 , 6 - 7
MR RUTURAJ NANAVATI, ADVOCATE for the Opponent(s) No. 4 - 5 , 8 - 9
MR VAIBHAV A VYAS, ADVOCATE for the Opponent(s) No. 1 - 2
MR YASH N NANAVATY, ADVOCATE for the Opponent(s) No. 10 - 12
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        CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
               and
               HONOURABLE MR.JUSTICE J.B.PARDIWALA

                            Date : 23/09/2014


                              ORAL ORDER

(PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA) By this writ-application in the nature of a public interest litigation, the petitioner, a resident of Veraval, has brought to our notice few problems regarding pollution caused by the Seafood Industries in the area.

Shorn of facts, the case of the petitioners is that the city of Veraval is known for its fishing activities. There are large number of fishing processing units situated in the GIDC at Page 1 of 6 C/WPPIL/13/2012 ORDER Veraval, which exports prime quality of seafood overseas. It is the case of the petitioners that the Government launched a scheme through its Industries and Mines Department for providing Common Effluent Treatment Plant (CETP) and Reverse Osmosis Plant (RO) for purifying the polluted water used by the industries. The plants were installed by way of a grant of Rs.4 crore. As on today, there are 68 odd industries which are mainly related to fisheries and fish packing industries functioning in the GIDC at Veraval.

According to the petitioners, the CETP as well as the RO plants are not working to the maximum. Since the CETP and the RO plants are not functioning properly, it has resulted in pollution which needs to be taken care of by the authorities. Apart from the State authorities, the respondent no.5 Veraval Industries Association is also before us. The petitioner has also impleaded few other fishing industries as party respondents. It is in the aforesaid background that the petitioner has prayed for a mandamus upon the respondent no.1, viz. Gujarat Pollution Control Board, to ensure due compliance of the provisions of the Water (Prevention and Control of Pollution) Act, 1974. Various other reliefs have also been prayed for in the petition.

Page 2 of 6

C/WPPIL/13/2012 ORDER On notice being issued, the respondents have appeared and have filed their respective replies.

It appears from the affidavit-in-reply filed on behalf of the respondent nos.1 and 2, viz. Gujarat Pollution Control Board, that pursuant to the order passed by this Court dated 2 nd February 2012, various industries operating in the GIDC were inspected and samples were drawn for the purpose of examining, whether the industries were meeting with the parameters fixed by the Board. It also appears from the affidavit-in-reply that the CETP plants were found in operation barring few deficiencies. However, overall compliance was found by the GPCB. It also appears that on 21 st July 2012 the officers of the Board had inspected the CETP plants of three industries who are not the members of the Association and it was found that the CETP plants were unable to meet with the parameters, as a result, notices under Section 33A of the Water Act were issued against the three units, viz. M/s. J.M.Sea Foods, M/s. Ocean Aquatic Products and M/s. King Fish Products Pvt. Ltd. All the three units were asked to stop their production for a period of three months and were also directed to upgrade/modify their treatment system of the unit. Page 3 of 6

C/WPPIL/13/2012 ORDER Today, when the matter is taken up for hearing, Mr.Vyas, the learned advocate appearing on behalf of the GPCB, brought to our notice that even after the affidavit-in-reply was filed in the year 2012, monitoring of the various industries in the GIDC has continued. Samples are being drawn from the outlet point as well as the inlet point of the CETP. According to Mr.Vyas, every month a report as regards the parameters of the effluent treated in the CETP is to be forwarded at the Regional Office. According to Mr.Vyas, the situation at the Veraval GIDC as on today is normal. No such major deficiencies have been noticed. Mr.Vyas submitted that such monitoring would continue periodically by way of surprise inspection.

We inquired with Mr.Vyas about the present condition of the Central Effluent Treatment Plant and the Reverse Osmosis Plant, as according to the petitioners, both these plants are not working upto the mark. However Mr.Vyas, on instruction, has submitted that the CETP plant is functioning to their satisfaction and as such there is no complaint in that regard.

Mr.Nanavati, the learned senior advocate appearing on behalf of the Association, has drawn our attention to the fact Page 4 of 6 C/WPPIL/13/2012 ORDER that the private industries named in the reply of the GPCB are not the members of the Association.

Be that as it may, we propose to close this petition and dispose of the same by issuing the following directions : (1) The Gujarat Pollution Control Board shall periodically inspect the fishing industries operating at GIDC, Veraval. Samples be drawn at the regular intervals with a view to ensure that the same are meeting with the parameters fixed by the Board, in accordance with the provisions of the Act.

(2) There shall be periodical inspection of the Common Effluent Treatment Plant and the Reverse Osmosis Plant. If they are not found to be functional or upto the mark, then necessary steps be taken immediately in that regard with the Association.

(3) If some of the industries like the one named in the affidavit-in-reply filed by the Board are not the members of the Association, even then the Board shall periodically inspect those industries with a view to ensure that they are not causing any pollution. Samples of the trade effluent be regularly drawn with a view to see that the parameters fixed are adhered to.

Mr.Vyas, the learned advocate appearing on behalf of the Page 5 of 6 C/WPPIL/13/2012 ORDER GPCB has drawn our attention to the fact that the RO plant is not functioning to their satisfaction. According to Mr.Vyas the samples drawn indicate presence of higher amount of suspended solid. In such circumstances, we direct the Association to take care of this problem at the earliest and rectify the deficiencies in the functioning of the RO plant. Such corrective measures be taken by the Association within a period of three weeks from today without fail. After everything is taken care of, the Association shall inform the GPCB so that the officers of the GPCB can visit and examine the RO plant. Even if thereafter the Board is not satisfied with the functioning of the RO plant, then it shall be open for them to proceed in accordance with law.

With the above observations and directions, we close this public interest litigation and dispose of the same. No costs.

Direct service is permitted.

(AKIL KURESHI, J.) (J.B.PARDIWALA, J.) MOIN Page 6 of 6