In the High Court of Punjab and Haryana, at Chandigarh


                  Civil Writ Petition No. 7869 of 2009

                        Date of Decision: 13.7.2012


Anti Corruption and Crime Investigation Cell
                                                                  ... Petitioner

                                   Versus

State of Punjab and Others
                                                             ... Respondents

CORAM: Hon'ble Mr. Justice Jasbir Singh, Acting Chief Justice.

Hon'ble Mr. Justice Rakesh Kumar Jain.

Present: Mr. Raman Sharma, Advocate for the petitioner.

Mr. Alok Jain, Additional Advocate General, Punjab, for respondents No.1 and 2.

Mr. D.S. Patwalia, Advocate for respondent No.3.

Jasbir Singh, Acting Chief Justice (Oral) In this writ petition, it is stated that a large number of industrial units in the District Ludhiana are not complying with the provisions of Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as "the 1974 Act") and Air (Prevention and Control of Pollution) Act, 1981.

Taking notice of the averments made in this writ petition, notice of motion was issued on 22.5.2009. Counsel for respondent No.3- Punjab Pollution Control Board (hereinafter referred to as "the Board") was directed to file a specific affidavit as to whether any proceedings have been initiated for violation of Sections 25 and 26 of the 1974 Act against the hotels, restaurants and resorts etc. discharging sewage/trade effluent into a stream or a well or sewer or on land. It Civil Writ Petition No. 7869 of 2009 2 was further directed that in case no such action has been taken against those violating the requirements of the statutes mentioned above, the reasons for the failure to do so shall also be indicated in the affidavit. Thereafter, many orders were passed. Affidavits were filed by the officials of the Board stating therein as to how many industries not complying with the provisions of Sections 25 and 26 of the 1974 Act have been identified and also as to what action has been taken against those polluting units.

On the last date of hearing i.e. on 28.2.2012, the following order was passed by this Court.

"We have perused the affidavit dated 19.12.2011 filed by the Environmental Engineer, Regional Office-II, Ludhiana of the Punjab Pollution Control Board. We have taken note of the steps that have been stated to have been taken against the polluting industrial units under the provisions of the Water (Prevention and Control of Pollution) Act, 1974.

Shri D.S. Patwalia, learned counsel for the Punjab Pollution Control Board has prayed for further time to complete the exercise that is to be undertaken and inform the Court of the further developments in the matter.

On due consideration of what has been stated in the affidavit dated 19.12.2011 and after hearing Shri D.S. Patwalia as well as the learned counsel for the petitioner we adjourn the case for three months by which time we would expect all necessary actions against the polluting industrial units to be Civil Writ Petition No. 7869 of 2009 3 completed. The result of the steps undertaken be laid before the Court by the Punjab Pollution Control Board on the next date fixed."

In compliance to the above order, an affidavit has been filed by Rajeev Sharma, Environmental Engineer, Regional Office-II, Ludhiana, and relevant contents thereof read thus:-

"3. That in compliance to the orders of this Hon'ble Court, it is stated that the respondent Board continue to take action against the violating industries as and when such violations are observed during regular monitoring being carried out by the Board from time to time. The answering respondent had earlier filed an affidavit dated 19.12.2011 before this Hon'ble Court and the contents of the said affidavit dated 19.12.2011 may kindly be read as part of the present affidavit. Regarding the status of the polluting units as mentioned in the affidavit dated 19-12-11, 66 industrial units had not installed the necessary effluent treatment plants or taken adequate measures to control pollution. Presently, out of these 66 units, 21 units have closed their polluting/wet processes or have closed their units permanently. Out of the remaining operating units 14 units have installed their effluent treatment plants and 6 units have joined common effluent treatment plant (CETP) to get their effluent lifted for treatment. The balance 8 industrial units have been issued directions u/s 33-A of the Water (Prevention and Control of Pollution) Act, 1974 not to operate their polluting processes without installation of necessary effluent treatment plant and 7 units have been given directions for closure u/s 33-A of Water (Prevention and Control of Pollution) Act, 1974. The balance 10 units do not generate any effluent and are not required to install Effluent Treatment Plant. The status report of these 66 Civil Writ Petition No. 7869 of 2009 4 industrial units is enclosed as Annexure R3/1 for the kind perusal of this Hon'ble Court.

4. That as already stated in affidavit dated 19-12-2011, the respondent Board had issued notices u/s 33-A of the Water (Prevention and Control of Pollution) Act, 1974 to 264 industrial units during the period 01-01-2011 to 30-11-2011. Out of these 264 industries, 209 industrial units have now complied with the provisions of the Water (Prevention and Control of Pollution) Act, 1974, 23 industrial units have closed the polluting process, Directions for closure have been confirmed u/s 33-A of the Water (Prevention and Control of Pollution) Act, 1974 against 17 industrial units and Bank Guarantee of 5 industrial units as an assurance to comply with law has been obtained. Further action against the remaining 10 units, is under process with the office of the answering respondent for violation of the provisions of the Water (Prevention and Control of Pollution) Act, 1974. The present status of these 264 industries is mentioned before in a tabular form for the kind perusal of this Hon'ble Court:-

          Period     Total no.    No.       of   Industrial   Directions   Bank        Further
                     of           industrial     units        confirmed    Guarantee   action
                     industries   units          closed/      subsequently taken as    under
                     issued       complying      polluting    u/s 33-A     an          process
                     notice u/s                  process                   assurance
                     25/26                       closed
          01/01/11      264          209             23           17          5            10
              To
          30-11-11

The detailed status report of these 264 industries is attached as Annexure R3/2.

5. That the respondent Board has also given notices for violation of the provisions of Section 25 & 26 of the Water (Prevention and Control of Pollution) Act, 1974 to 162 industrial units, 144 have complied with the provisions of law, Civil Writ Petition No. 7869 of 2009 5 4 industrial units have closed the polluting process, Directions u/s 33-A of the Water (Prevention and Control of Pollution) Act, 1974 have been confirmed against 2 units and Bank Guarantee of 2 units as an assurance to comply with law has been obtained. The cases of remaining 6 units is under process with the office of the respondent Board. The present status of these 162 industries is as under:-

          Period     Total no.    No.       of   Industrial   Directions   Bank        Further
                     of           industrial     units        confirmed    Guarantee   action
                     industries   units          closed/      subsequently taken as    under
                     issued       complying      polluting    u/s 33-A     an          process
                     notice u/s                  process                   assurance
                     25/26                       closed
          01/01/11      162          148             3             3          2            6
              To
          30-11-11

The detailed status report of these 162 industries is attached as Annexure R3/3.

6. That as part of its continued effort, the respondent Board after filing the affidavit dated 19-12-11, has issued notices u/s 33-A of the Water (Prevention and Control of Pollution) Act, 1974 during the period 01-12-2011 to 31-05-2012 to 195 violating units as per list annexed as Annexure R3/4. During the said period, directions u/s 33-A of the Water (Prevention and Control of Pollution) Act, 1974 have been issued to 52 industries and list of these industries is attached as Annexure R3/5. During this period of 01-12-2011 to 31-05-2012, the Board has encashed Bank Guarantees amounting to Rs. 8.75 Lacs from 7 violating industries. The details of industries from whom Bank Guarantees have been encashed to Rs.76.25 Lacs from 51 industries as an assurance to comply with the provisions of Water (Prevention and Control of Pollution) Act, 1974 and the details of such industries is as per Annexure R3/7.

7. That with the consistent and concerted efforts of the Civil Writ Petition No. 7869 of 2009 6 respondent Board, a large number of industrial units have complied with the provisions of the Water (Prevention and Control of Pollution) Act, 1974. The Board is still continuing its efforts to impress upon the remaining industrial units to comply with law, which at present are not complying the provisions of the Water (Prevention and Control of Pollution) Act, 1974. Necessary action in accordance with law is also being taken by the Board from time to time against the industrial units not complying with the provisions of the Water (Prevention and Control of Pollution) Act, 1974."

A large number of industrial units have complied with the provisions of the 1974 Act. It is further stated that in terms of the notices issued under Section 33-A of the 1974 Act to those who are not complying with the norms/provisions of the 1974 Act, Rules & siting norms, action has been taken by the Board. An assurance has been given that the Board shall continue its efforts to impress upon the remaining industrial units to comply with the provisions of the 1974 Act and Rules/siting norms framed thereunder and suitable action shall also be taken against such units which shall be found violating. It is also stated before us that the process to launch prosecution has also been initiated against some defaulter industrial units and requisite complaints shall be filed in near future.

Mr. D.S. Patwalia, Advocate, appearing on behalf of the Board, has stated that in case the petitioner still feels that any industrial/commercial unit is not complying with the provisions of the 1974 Act or the Rules or siting norms, he can bring to the notice of the Secretary of the Board who will take action thereupon within seven days Civil Writ Petition No. 7869 of 2009 7 from the date of receipt of such complaint.

In terms of the above facts, we dispose of this writ petition.

(Jasbir Singh) Acting Chief Justice (Rakesh Kumar Jain) Judge July 13, 2012 "DK"