The Chhattisgarh High Court dismissed a Public Interest Litigation (PIL) filed whereby the petitioner is aggrieved by the inaction on the part of the respondent authorities in not framing relocation policy for shifting highly toxic industries from residential/Municipal areas, which are discharging hazardous and toxic substances within the vicinity of 1000 meters, where the residential areas are situated.
It is the case of the petitioner that the Chhattisgarh Housing Board has constructed different types of houses in the colony, wherein, about 500 families are residing. However, at about 100 meters from the said Colony, different types of industries are running, which fall under the category of most hazardous and pollution causing industries. These industries release hazardous gas like black smoke and dust particles of coal and chemicals resulting in environmental pollution. The said industries also cause noise pollution on account of working of heavy machinery. Several complaints in this regard were made to the State Authorities to contain the pollution, but till date, no effective steps have been taken to find out a permanent solution to it. Due to the hazardous chemical released by these industries, the wells situated nearby the area are also getting polluted. Moreover, not only the aforesaid Society, but there are other residential colonies, School and Hi Tech Bus Stand also, which are adjacent to the Society .
Earlier, the petitioner had filed a PIL in 2016 raising similar issue, which was disposed of by the High Court vide order dated 21.8.2018, wherein, an affidavit was filed by the Pollution Control Board categorically stating that they are closely monitoring the pollution standards laid down under the various statutory provisions in relation to the industries, which are said to be polluting industries in that area. However, despite the affidavit filed by the Pollution Control Board in the earlier round of litigation before this Court, the Industries are not taking proper measures and not following the protocol mandated under the law. One of the industries, which is running without complying with the pollution check measures and emitting white air dust pollutants in the atmosphere causing environmental pollution. The Industry is a Coal Washery Unit causing serious environmental pollution. Massive quantities of washed coal are being stored in the premises without proper vigilance. In the process of washing , large quantities of water are discharged through the pipes, which get carried to the storage ponds constructed for the purpose of retaining slurry. Disposal of Coal Washery waste is potentially a serious problem as its ejection consists of waste coal, slate, carbonaceous and pyretic shales and clay associated with the coal seam. Apart from the above, various other problems considering the environmental issues have been highlighted in the present petition. Hence, the petitioners seek intervention of this Court in the matter.
The counsel for the petitioner submitted that the issue pertaining to relocation of hazardous industries from the residential premises remains undecided. He further submits that the State instrumentalities should give first priority for developing Green Belt in the residential area or installation of domestic effluent treatment plants. He submits that neither any plantation has been made in the outer area of the colony nor such pollution has been reduced. He submits that for the interest of the public at large, the respondent authorities should create green cover between the industrial area as well as the housing colony.
The respondents have filed their reply. The Division Bench of Chief Justice Ramesh Sinha and Justice Deepak Kumar Tiwari noted that earlier in 2016 a PIL was filed for the same cause of action, which has already been disposed of by this Court. However, again, the petitioner has again come up before the Court seeking similar relief and therefore, the same is liable to be dismissed at the threshold. As regards the contention of the counsel for the petitioner with regard to air, noise and water pollution being caused by the industrial units, the same has been dealt with by respondents in their detailed reply. Regular Monitoring is being conducted by the Board, in which particulate matter was found well within the prescribed limits. The present colony is situated near the industrial area and the said colony has been developed much after the establishment of the industrial area. It is further stated in the reply that pursuant to the directions issued by the Court in the earlier round of litigation, various steps have been taken by the Housing Board to plant more and more trees to improve the general living conditions of the residents of the colony. Further, a large number of industrial units/ancillary units are being set up in the area, therefore, reliefs claimed by the petitioner to relocate the industries cannot be granted.
So far as the relief sought for green belt area, the Housing Board has stated in its reply that at the very inception of the project only, Town and Country Planning Department has passed the layout plan by which it has been shown as to on which area, construction would be done and on which area, plantation would be carried out. It has been further stated that the relief sought by the petitioner to develop the green belt in the area where the construction is to be made cannot be granted for the reason that for those areas permission has already been obtained to construct residential houses from the initial stage of the project .
Chhattisgarh Environment Conservation Board in its return stated that the said Board has been continuously directing the industries to control and maintain the air and water pollution in the area and the aforesaid industries are being inspected from time to time and necessary letters in this regard are also being issued by the Chhattisgarh State Electricity Board. The industries have arranged water sprinklers to control the dust emitted during the loading and unloading of coal and the height of the boundary walls have also been increased. The coal deposit from the side of the Residential Area has been removed and hence, arrangements have been made to immediately dispatch/transport the washed coal which is evident from the inspection report attached with the reply.
Moreover, Respondent has also filed its return stating that the petitioner-Colony was required to take environmental clearance from the Chhattisgarh Environment Conservation Board before establishing the Colony, which they failed to obtain. It is also stated that the Industry has been functioning for the last three decades and the petitioner has not alleged in the petition that the said industry has violated any law or rules or regulations and as such, the present petition is not maintainable.
From the return filed by the respondents, the Bench noted that vehicles/trucks are not allowed to ply without being sufficiently covered and the industries are required to construct concrete road on the approach road. They are also required to ensure that water sprinklers are installed to ensure that no dust is emitted during transportation of the vehicles which is evident from the inspection report available on record. Further, various directions/notices have been issued by the Chhattisgarh Environmental Conservation Board to the industries for strict compliance of the provisions concerning pollution. As per the Notification dated 14.9.2016 issued by the Ministry of Environment, Government of India, all the housing board societies are required to obtain environmental clearance for setting up their colonies. On the basis of categories and grades, such boards and societies are established within the limit above 20,000 square meter. However, the petitioner-Society has not obtained such clearance.
It is also stated in the return filed by the Conservation Board that time and again, the Board has directed the industries to control and maintain air and water pollution in the area and the said areas are being inspected from time to time and if needed, necessary letters are being issued by the CSEB. The industries have arranged water sprinklers to control the dust in the area and the height of the boundary wall has also been raised. The coal deposit from the side of Abhilasha Parisar has already been removed and arrangements have already been made to immediately dispatch the coal.
The Court was satisfied with the averments made in the return filed on behalf of Chhattisgarh Environment Conservation Board herein and accordingly hold that sufficient steps are being taken by the said Board to curb the air and water pollution in the area and water sprinklers are also being used by the industries to reduce the pollution. Moreover, in the earlier round of litigation, while deciding PIL of 2016 , the Court has already take note of the affidavit filed by the Pollution Control Board that they are closely monitoring the pollution standards laid down under the various statutory provisions in relation to the industries, which are said to be polluting industries in that area.
As regards the other issues concerning green cover to be created between the industrial area as well as the housing colony, the Court observed that personal initiative of all the residents of the colony by itself can be a good gesture to self preservation and the Housing Board Authority have no objection for making plantations to improve the general living condition of the residents of the colony in question. “Lastly, the people whose interest the petitioner represents must learn to live in harmony with the neighbours as well as the general surrounding.”