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Judgment
The Intervention Applications are disallowed. However, learned Advocate representing the Intervener is permitted to argue the matter on behalf of the Intervener to the extent of nature of the order, which is being passed for the purpose of disposing of the present Appeal.
We have perused the Appeal and Misc. Applications and the order of closure of the Industry. We find that the closure order is issued under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974, on the basis of assumption that hazardous effluents are being discharged by the Industry, which resulted into pollution and caused problem to the health of the members of nearby residential area. There are complaints received from the inhabitants of localities surrounded by the Industry.
Upon considering the material placed on record, it is manifestly clear that the impugned order is passed without giving hearing to the Industry/ Appellant and moreover, copy of the impugned order was not served on the Industry, as required under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974, which could have given opportunity to the Industry to make representation within period of fifteen (15) days, as permitted under the said provision. Thus there is clear violation of provision of the Law and, therefore, the impugned order is unsustainable
Gujarat State Pollution Control Board (GSPCB), could not have acted only upon grievances of the group of residents of the localities residing in the area near the Industry, without verification of actual quality, quantity and standards of effluents discharged from the Industrial unit. The norms of load of pollution discharge, the type of pollutants so discharged, water quality, the presence of hazardous elements in the water and other factors ought to have been reflected in the Inspection Report, or closure order, which are not communicated to the Industry, nor they are shown in the report of Technical Expert Committee.
Under the circumstances, we deem it proper to allow the Appeal and quash the impugned order with following directions:
i) The Industry shall furnish additional Bank Guarantee of Rs.25 lakh to GSPCB for continuation of industrial activity and on such basis order to re-start may be issued afresh and only thereafter the Industry shall commence industrial operations.
ii) Necessary Pollution Control arrangements, including the Effluent Treatment Plant (ETP), shall be installed by the Industry, within period of eight (8) months and be made functional, as per the standards which are specified in the Report of Technical Expert Committee dated 16th March,2015, which shall be verified by GSPCB through the Regional Officer and one more responsible officer of the GSPCB, after prior Notice of Inspection, at least, eight (8) days before, when the Industry is in full operation and ETP, discharge is reported to be zero discharge, as per the specifications indicated in the Report of above referred Committee.
iii) The Industry shall bear the cost of Inspection, including verification of Expert Committee, if the Committee is required to again verify the compliances, in case, the Industry is not satisfied with verification done by the officer of GSPCB and for such purpose, the Industry shall place on record particular objections for inviting the Expert Committee to do the work of verification;
iv) The Intervener is also at liberty to take objection in regard to deficiencies as far as verification is concerned, though the Intervener will have no direct concern with the remedy available regarding functioning of the Industry and may be required to adopt any other remedy available under the Law for which liberty is granted;
v) The Industry shall initially start with production of products to the extent of 60%, which can be gradually increased to the extent of 15% per month during relevant period of eight (8) Months.
vi) The Industry shall submit a time bound action plan with clear milestones to be achieved every month, to comply with above directions, within a period of two (2) weeks to GSPCB. Industry/GSPCB, shall submit monthly compliance report to the Tribunal.
vii) The Industry shall continuously and effectively operate the pollution control system, so as to ensure compliance of standards, and consent conditions.
The Appeal and Mic. Applications are, accordingly, disposed of. No costs.