The Gujarat High Court dismissed a Public Interest Litigation (PIL) filed seeking direction to the competent authority to take action to repair the damages caused by construction and discharge of fluids nearby by the respondent No. 2 (Private Limited manufactures).
The petition has been filed by 12 persons who claimed to be residents of the area since the time of their ancestors and belong to the Scheduled Tribe community.
It is stated in the petition that the respondent No. 2 colour master batches, additive masterbatches, filled polymer compounds, blends, and alloys of plastics and thermoplastic elastomers, has purchased the lands for the purpose of establishment of a factory.
Respondent No. 2 after converting the agricultural land to nonagricultural purpose, the respondent No. 2 has started construction work for the factory.
After the purchase, respondent no. 2 has started the construction work for the factory, which has already started causing disturbances in nature.
The elders and leaders of the place nearby, after learning of the situation, have decided to take appropriate steps to protect the environment from further damage.
Being emotionally and spiritually attached to the land and culture and taking vigilant steps as soon as possible; otherwise, the environment may sustain irrecoverable loss in the long term. The petitioners have approached this honourable court.
4.4. For a long time, villagers have been approaching different authorities to get information about construction carried out in the area, that the petitioners had visited respondent authorities through visits to get an expiated solution to protect the flora and fauna in the area, but the respondent authorities have failed to take appropriate action.
That present petition fact has been laid after the institution. that the said destruction has caused a decline in the general health of nature in the aforesaid area, that currently the technological advancement has already disturbed the overall health of the nearby nature, and that if the aforesaid activity of construction is carried out further, there is every possible chance of destruction of humans and wildlife.
That the said construction is affecting the nature inhabitance of nearby 3 villages in the area, which consist of 5500 people in Vankhal, 6500 people in Faldhara, and 7000 people in Tiskari talat, for a total of around 21000 people in the area. Nearly 85% of the aforementioned population is of tribal origin.
That nearby location of the construction factor has already disturbed the nearby cultivation, and the gas and chemicals are affecting and, in the future, will severely affect the nearby locality, as within the 500 metres of range near the factory are located primary schools, hanuman temples, and tribunal people goddess temples.
The respondent no. 2 is involved in business, where the factory is sure to have several effects on the nearby locality and its roots. Which can and will cause unavoidable and irrecoverable loss to nature.
The said company’s discharge of chemical water is flowing through farmland, and their discharge of water is connected to a nearby water reserve near Vanjar Lake (Swargvahini).
The said destruction is not stopping, it will impact the environment on a very large scale in the area. A copy of the document related to town planning office condition for construction in the area, a copy of the gram sabha objection of the construction, a copy of the primary school coming in the area with another relevant document is attached herein as Annexure-B “Colly”.
On a pointed query made by the Division Bench of Chief Justice Sunita Agarwal and Justice Aniruddha P. Mayee as to whether the construction of factory is complete and manufacturing work has started, nothing has been brought before the Court.
The grounds taken in the petition for interim relief that the construction of discharge of fluids, which is putting the petitioners, villagers, family and wildlife at greater risk are without any support.
The Court noted that the prayer made in the petition is to cancel the construction permission and direct the competent authority to restrain for the activities being carried out by the respondent No. 2. On a careful reading of the entire petition, the Court cannot reach at a conclusion that manufacturing work in the factory has commenced.
Moreover, from the perusal of the record, it is evident that consent to establish (NOC) under Section 25 of the Water (Prevention and Control of Pollution) Act, 1974, 1974 and Section 21 of the Air (Prevention and Control of Pollution) Act, 1981 has been granted by the Gujarat Pollution Control Board (GPCB) to respondent No.2 by communication dated 27.06.2023 the said consent has been granted on the conditions mentioned therein.
In case of any violation of the conditions in the consent letter, the GPCB would have jurisdiction to take appropriate action. In the present writ petition, the GPCB has not been impleaded, nor any application having been moved by the petitioners before GPCB for bringing to its notice any violation on the part of the respondent No. 2 related to environmental issue has been brought on record.
For the above noted reasons, a doubt has arisen in the mind of the Court about the credentials of the petitioner to maintain the instant petition in the nature of Public Interest Litigation. The Court held that the petitioner herein have come up to settle some personal vendetta and personal grudges with the respondent No.2 or for some ulterior motive.
“Be that as it may, in absence of complete and correct facts, we cannot maintain the instant Public Interest Litigation. The same is, accordingly, DISMISSED. However, it is clarified that dismissal of the present petition will not come in the way of the petitioner to approach GPCB for any violation on the part of the respondent No.2”, the Bench ordered.