IN THE HIGH COURT OF GUJARAT AT AHMEDABAD



     SPECIAL CIVIL APPLICATION No 8617 of 1996


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     SUO MOTU
Versus
     MINERAL OIL & AGRO INDUSTRIES
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     Appearance:
          SUO MOTU for Petitioner
          NANAVATI ASSOCIATES for Respondent No. 1
          MR HARESH J TRIVEDI for Respondent No. 2
          GOVERNMENT PLEADER for Respondent No. 3
          MR YF MEHTA for Respondent No. 4
          MR MD PANDYA for Respondent No. 5
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CORAM : MR.JUSTICE B.C.PATEL and
        MR.JUSTICE M.S.SHAH
     Date of Order: 08/04/97


ORAL ORDER

The unit, engaged in the manufacture of Castor Oil and Dehydrated Castor Oil, has been served with a notice not only by the State Government but also by this Court.

2.Officers of the GPCB visited the unit on 21.5.1996 in exercise of powers conferred upon them under section 5 of the Environment (Protection) Act. No adequate facilities for treatment of effluent were noticed. Facilities are required to be provided by the standard specified by the Government. A sample was collected for analysis and that indicated that the effluent was acidic and the concentration of T.D.S., Sulphate, BOD, COD, Oil and Grease were higher than the permissible limits specified. It appears that the unit was also served with a notice under section 5 of the Environment Protection Act. It appears that a show cause notice has also been issued for breach of provisions contained in Hazardous Waste Management and Handling Rules, 1989.There are reports of sample collected on 2.5.96 and looking to the result, it is very clear that the parameters are not within the prescribed limits.

3.The unit was granted consent under section 21 of the Air (Prevention of Pollution) Act, 1981. In the order dated 12.8.1993 passed by GPCB refusing consent, it is informed to the unit that in order to qualify for the consent of the Board under the Air Act, one of the conditions is that the height of the stack attached to the emission source/scrubber/any air pollution control system shall be atleast 50 mtrs. from the ground level. In the application submitted by the unit on 25.2.1997 for the consent under the Air Act, in the column regarding emission details in clause 12(b)(4) of the application, against height of vent/outlet/stack from ground level in meters, it is mentioned 13 mtrs, 12 mtrs and 4.2 mtrs. while in the column for name and location of process vessel to which the stack/vent is attached, it is indicated as boiler No.1, boiler No.2 to 4 and 5. The unit has submitted an affidavit wherein it is mentioned that there are three boiler house out of two having the stage monitoring facilities and one without S.M.S. It is also stated that they have started the work of providing S.M.F. to the stack. Mr. Trivedi stated that he shall produce the past reports. Today, copy of the recent inspection report is given to Mr. Nanavati.

The matter is adjourned to 21.4.1997.

( B.C. PATEL, J. )( M.S.SHAH, J. )