IN THE HIGH COURT OF GUJARAT AT AHMEDABAD



     CIVIL APPLICATION No 5132 of 1996


           in


     SPECIAL CIVIL APPLICATIONNo 2922    of 1995




     --------------------------------------------------------------
     KAVERI HOLDINGS PVT LTD
Versus
     AJIT PADIWAL
     --------------------------------------------------------------
     Appearance:
          MR BH CHHATRAPATI for Petitioner
          MR AD PADIVAL for Respondent No. 1


     --------------------------------------------------------------


CORAM : MR.JUSTICE B.C.PATEL and
        MR.JUSTICE M.S.SHAH
     Date of Order: 11/02/97


ORAL ORDER

The Unit is closed to-day and by this application has requested the Court to permit the unit to go for trial production.

We have heard the learned Counsel for the applicant as well as the GPCB. We have perused the report submitted by the Modi Committee and the affidavit alongwith other record in this behalf. Reading the affidavit it appears that the unit is keen to carry out the recommendations suggested by the Modi Committee. Mr.Nanavati requested the Court that in view of this the Unit may be given permission for a trial production. He fairly submitted that if the Unit is inspected by the NEERI, the Unitwill have the benefit of the said Report. He submitted that the Unit will deposit Rs,1,00,000/-for the said purpose.

Mr.Nanavati has submitted that the Unit had agreed to pay Rs.ten lacs for the purpose of utilization towards general welfare, improvement of environment, monitoring charges, etc. by 23.10.1996. However, on account of the difficulties the Unit could not make the payment. Mr.Nanavati however, requested that the Unit will make payment of Rs.9 lacs within one week from to-day and for payment of Rs.one lac he requested for time and stated that within three weeks that amount of Rs.one lac will be paid. The amount of Rs.one lac which is required to be paid for NEERI inspection, will be deposited within one week. Accordingly, time of one week is granted as aforesaid.

Mr.Baxi learned Advocate pointed out that fresh consent application is not given by the Unit. Mr.Nanavati states that the application is already forwarded but in case it is not forwarded, the Unit will forward the same immediately.

Learned Counsel submitted that the petitioner shall file undertaking within the time stipulated to the effect that the amount of Rs.9 lacs and the amount of Rs.1 lac towards the inspection of NEERI shall be paid as aforesaid and the unit shall make consent application, if not made so far. Undertaking to be filed on or before 14-2-1997. After filing the Undertaking the Office will send intimation to the GEB to reconnect the electric supply at the cost of the Unit and subject to clearance of all past dues.

In the facts and circumstances of the case, we permit the Unit to go for trial production on general conditions and on condition that the amount as aforesaid is deposited and the application for consent is made to the GPCB immediately. The GPCB will process the consent application in accordance with law.

S.O. to 19-2-1997.

(B.C.Patel J. ) (M.S.Shah J. ) IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLN NO. 5132 of 1996 ANNEXURE TO ORDER DATED: 11.2.1997.

GENERAL TERMS & CONDITIONS FOR CHEMICAL INDUSTRIES & OTHERS PRODUCTS:

1. The manufacturing/processing activities of the Unit shall be confined to the product/s mentioned in its application to the GPCB for consent under the Water (Prevfention and Control of Pollution) Act,1974; Air(Prevention and Control of Polution ) Act, 1981 and in its application for authorisation under the Hazardous Wastes (Management and Handling ) Rules, 1989. The Unit shall not manufacture or process any other product. If the product/process falls in Schedule I or II to the Scheme of Environmental Audit the Unit shall also abide by the said Scheme. The application for consent/authorization shall mean the last application before this order.

PROHIBITION AGAINST REMOVAL/SALE OF GOODS:

2. The unit shall undertake production/ processing activities only for the limited purpose of satisfying the GPCB and other monitoring agencies that the unit meets with all the norms prescribed by the GPCB for the treatment of the effluent.Hence the Unit shall not remove the goods from the factory premises nor shall the unit issue any Excise Gate-pass without prior permission of the Court.

EFFLUENT TREATMENT:

3(a). The unit shall operate fully and efficiently all its effluent treatment plant/s and shall close down all its manufacturing/processing activities whenever the effluent treatment plant/s or any part thereof are fully or partly non-operational for any reason whatsoever (whether for maintenance/repairs/electricity failure or otherwise) and shall not restart such activities unless and until all the effluent treatment plants of the unit are fully operational.

(b) The Unit shall have and operate all the requisite equipments/facilities for prevention and control of air pollution and shall operate the same. The unit shall also have stackmonitoring facilities.Whenever the equipments/facilities for prevention and control of air pollution are fully or partly nonfunctional, the unit shall close down all its manufacturing /processing activities and shall not restart its manufacturing/processing activities unless and until all its air pollution protection and control equipments and facilities including stock monitoring facilities are fully operational.

(c). The Unit shall make all the requisite arrangements for the safe storage and handling of solid waste including impervious flooring and leachate collection and the unit shall store and handle solid waste in accordance with the provisions of the relevant rules in this behalf.

EFFLUENT DISPOSAL:

4. The unit shall have and use only one outlet for the discharge of its effluent into ECP and no effluent shall be discharged without requisite treatment and without meeting with the GPCB norms. Such outlet shall be near the front gate /entrance of the unit. The unit shall not keep any bypass line or system, or loose or flexible pipe for discharging effluent outside or even for transporting treated or untreated effluent within the factory premises, within effluent treatment plants or in the compound of the unit.

DISPLAY BOARDS AND LIGHTING:

(5). The Unit shall, within one week from the date of the order:

(a). put up at the entrance and prominent places boards prominently displaying the name of the unit, particulars of the products/process and the names of the Proprietor/Partners/Directors of the Unit, the electricity consumer number and the name of the electricity consumer as on the record of the AEC/GEB.

(b). put up a board displaying the details mentioned in para 6(a) hereinafter.

(c)make adequate lighting arrangements all around the Effluent Treatment Plants and also above the boards mentioned in both the above clauses;

INFORMATION TO BE SUPPLIED TO THE GPCB & OTHERS:

6(a). The Unit shall submit, within one week from the date of the order, to the GPCB and the Chairman of the Coordinating Committee appointed by the Court, the site plan of the unit indicating the location of manufacturing/processing plants as also the effluent treatment plants, and also a separate plan indicating the channel through which water/ effluent passes from different stages of manufacturing/processing and the effluent treatment process right upto the stage of its final outlet. Such plans shall also be displayed by the Unit on a Board of adequate size within its compound and near its effluent treatment plant/s.

(b). The Unit shall, within one week from the date of the order, furnish to the GPCB and the Chairman of the Coordinating Committee details about the raw materials and the nature of manufacturing process/ reactions.

(c). The unit shall supply to the GPCB the figures of production and consumption of electricity and water for each day during the period of trial production, though such figures shall be supplied on weekly basis. The unit shall supply separate figures for consumption of electricity for running the effluent treatment plant/s by having a separate meter/sub-meter for such effluent treatment plant/s. The number of Units consumed by operating the diesel generating sets,if any, shall also be supplied to the GPCB on weekly basis.

(d) The Unit shall also supply to the GPCB, within one week from the date of the order, the documents regarding monthly production and consumption of electricity in the six months prior to the date on which the unit was closed.

ENTRY & INSPECTION :

7(a). The unit shall permit the officers/employees of the GPCB/AMC/Govt., Member/s of the Committee appointed by this Court, Member/s of the monitoring Committee of the Association/s of the Industries to enter the factory premises and to inspect and take samples from the unit at any time without any prior intimation. Any delay in giving any of the above persons entry into the factory premises or any part thereof or effluent treatment plants shall entail closure of the unit. All the watchmen /security personnel of the unit shall be immediately appraised of the above.

(b). It shall be open to the GPCB through general instructions or circulars and to the GPCB Officer/s inspecting the Unit to give on the spot instructions regarding location of the outlet and/or any other appropriate directions regarding effluent treatment plants, their operations and processes and disposal channel and disposal system. The Unit shall comply with all such instructions, whether general or special.

FUTURE PAYMENTS :

8(a). The unit shall deposit an amount of Rs.4000/on each occasion when sampleS are taken by the GPCB. The unit shall initially deposit with the GPCB Rs.4000/- for the first sample, within one week from the date of the order.

(b). The unit shall pay all the instalments of the contribution/s for laying,maintaining and repairing effluent drainage pipeline/s as and when demanded by a public authority or by the Association of Industries in the area or as and when ordered by this Court.

(c). The Unit shall pay the Association of Industries in the area and the body managing the Solid Waste Dumping site for the industries in the area all the charges and contributions as and when demanded by them for preparing the dumping site, removing solid wazste to such site and for connected activities.

(d). The unit shall pay such amount as may be determined by the Court/Govt./GPCB/Association for compensation and remedial measures for the affected areas and people and for monitoring, for the period after commencement of trial production.

IN THE EVENT OF CLOSURE:

9. When electricity supply or water supply is disconnected in future on account of noncompliance with the GPCB norms or on account of the closure order which may be passed by this Court or by the Government/GPCB under any statutory provisions relating to environmental protection and prevention and control of pollution;

(a) the unit shall not use any diesel generating set or any other alternative source of energy;

(b) the Unit shall pay wages to its workers regularly every month or at such shorter intervals as per the central/practice followed so far.

...

sharma