Chandrashekar Khawade vs State of Jharkhand & Ors

The grievance in the present original application is regarding running of SITCO Soap Industry in thickly populated area near Baidnath Mandir, Laxmi Bazar/ Ganesh Market in District Deoghar in violation of environmental norms.

Vide order dated 30.08.2022, this Tribunal constituted a Joint Committee and directed the same to submit Factual and Action Taken Report.

In compliance of order dated 30.08.2022, report of the Joint Committee has been filed vide email dated 14.03.2023.

Vide order dated 15.03.2023 notices were ordered to the issued to the respondents and interim injunction mandating closure of respondent no. 4 unit was also issued.

I.A. no. 455/2023 has been filed by respondent no. 4 for early hearing on the ground of compliance with the directions issued by JSPCB.

Notice of the application was issued to the applicant and the respondents but none has appeared to the applicant.

We have heard the learned counsel for respondent no. 4 and also Mr. K.K. Pathak, Regional Officer, JSPCB and in view of the facts and circumstances mentioned in the application request for early hearing is allowed and the original application is taken up for hearing today.

Learned counsel for respondent no. 4 has submitted that respondent no. 4 is a small unit being about 85 years old which has carried out all compliances in the light of the directions issued by the Joint Committee and if the interim order dated 15.03.2023 is not suitably modified by hearing this application at an early date, as early as possible the respondent no. 4 unit would not survive and photographs have also been attached in support of the averments regarding compliance of the directionsof JSPCB regarding rainwater harvesting, installation of oil trapper etc.

Mr. K.K. Pathak, Regional Officer, JSPCB has verified the factum of compliance of directions of JSPCB by respondent no. 4 but has stated that JSPCB has not renewed CTO due to pendency of the matter before this Tribunal.

In  these  facts  and  circumstances  interim  injunctive  order  dated 15. 03.2023 is modified to the effect that respondent no. 4 will be entitled to operate the industry in question on renewal of CTO by JSPCB while ensuring strict compliance with the environmental norms.

In the course of hearing it has transpired that respondent no. 4 is using coal which generates fly ash. Even though it is submitted that at present the fly ash is being disposed of through Deoghar Municipal Corporation for filling low lying areas, but we are of the considered view that it will be appropriate that the possibility of use of fly ash for brick manufacturing or supply to some cement manufacturing industry is explored by respondent no. 4 and appropriate contractual arrangement is made in this regard.The respondent no. 4 is using caustic soda and edible oils in manufacturing of the soap and the effluent generated is discharged in the municipal drain. No doubt the connecting drain has been now made pucca and oil trapper is also stated to have been installed but remedial measures are required to be taken to ensure that the effluent does not cause any environmental damage. Respondent no.4 is directed to explore the possibility of treating effluent by appropriate measures such as construction of settling tanks to ensure that it does not contain any chemicalsbefore it is discharged to municipal drain. Respondent no. 4 is directed to file additional reply mentioning in detail the further measures to be taken as referred to above within two months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.

Since none has appeared for the applicant today, we are constrained again to adjourn the original application to the date already fixed in order to provide the applicant an opportunity of being heard.

List for further consideration on 11.08.2023.

A copy of this order be forwarded to the applicant and the respondents by email for information/requisite compliance.