Samatha Law Societ And Ors vs Union Of India And Ors

There is no representation on behalf of the applicant. The records show that ever since the date when the matter was transferred from the Hon'ble High Court of Kerala to this Tribunal, there has not been any appearance by the applicant. However, since the matter relates to environment, which is serious in nature, we have heard the learned counsel for the respondents, including the newly added respondents, extensively.

In our order dated 28.4.2015, we have discharged respondents 19 to 23 on the basis that they have valid consent to operate till 30.6.2015. However, we have made it clear that the Board shall constantly watch the function of STP and other instruments in the said units. The learned counsel for the Pollution Control Board would submit that in respect of those respondents, the renewal applications were considered and after inspection and having satisfied about the proper functioning of the Unit, the consent to operate has been renewed. The learned counsel has also submitted that the Board is constantly monitoring the functioning of the units in respect of these respondents.

The prayer in the application is for a direction to ensure that the Puthanthode Canal is not polluted and the effluents from the industries/units which are located nearby are not discharged to the Puthanthode canal and other suitable directions to the official respondents.

The case of the applicant is that by large scale of industrial activity of the respondents and discharge of untreated effluents into the canal, enormous pollution has occurred and that is the reason why the original writ petition was filed before the Hon'ble High Court of Kerala which stood transferred to this Tribunal.

The Chairperson of the Kerala State Pollution Control Board and the Member Secretary, who are present before this Tribunal in respect of other case have explained to us that apart from the above said respondents, there are nearly 150 small units which are carrying on the similar activities and are giving employment to a large number of people including women.

These small units are unable to have their own ETPs because of the cost effect and it is in those circumstances steps have been taken through the Government for the purpose of creating common effluent treatment plant (CETP). In furtherance of the same, sufficient amount has been allocated and place has also been earmarked. For the purpose of giving effect to the said Scheme, the Chairman of the State Pollution Control Board would submit that the Government has constituted a Special Purpose Vehicle bringing the CETP and according to the learned counsel appearing for the Government, recently the Ministry has also granted approval for the said Scheme and he has assured that the matter will be expedited for the purpose of installing CETP. The Chairman of the State Pollution Control Board has also submitted that the said 150 small units are not having CETP as on date and presently the effluents are being taken to the sceptic tank system and according to the Chairman of the Pollution Control Board, the Scheme is working to their satisfaction. In any event this is only a temporary measure till the CETP takes its place.

Taking into consideration of the over all situation of the case, we are of the view that suitable direction should be given to the official respondents for the purpose of completing the process of the CETP. With the above said idea, we dispose of the main application with the following directions:

(1) The Government of Kerala shall complete the administrative process of starting the CETP within two months from today.

(2) Thereafter the CETP shall be established, completed and commissioned within 9 months. For the purpose of forming CETP, it is for the Government to follow the procedure established.

(3) Till the CETP is commissioned in respect of 150 small units, the present septic tank system shall be followed which shall be monitored by the Board to ensure that the system works properly.

(4) We also make it clear that in respect of the respondents 19 to 23, who have been discharged as they are having their own STPs. The Board shall continue to monitor the effective functioning of the said system.

With the above directions the application stands disposed of.