Bhavani River Vs. Sakthi Sugars Ltd.  INSC 370 (30 July 1998)
Anand, B.N. Kirpal, V.N. Khare
O R D
appeal is directed against the judgment and order of a Division Bench of the
High Court of Judicature at Madras in
Wrist Petition No. 17333 of 1995 dated 17th July, 1997.
hearing learned counsel for the parties and examining the record we are
satisfied that the matter before the High Court was one of public interest and
required an in-depth examination by the court. The Division Bench of the High
Court, it appears to us, failed to appreciate the true significance of the
matter regarding the need to arrest the unabated pollution, which had become a
health hazard and environmental enemy because of discharge of objectionable
effluents from the distillery into Bhavani River and adjoining areas. The High Court
feel in error to dispose of the writ petition merely on the consent of the
Tamil Nadu Pollution Control Board. Matters like this, which involve greater
public interest should not normally be decided merely on consent of the
Pollution Control Board. We are somewhat unhappy about the manner in which the
Pollution Control Board gave its consent unmindful of the grave consequences,
which have been amply demonstrated before us.
order of the High Court, therefore, cannot be sustained.
accordingly, allow this appeal and set aside the order of the High Court and
remand the writ petition to it for its fresh disposal in accordance with law.
the pendency of the proceedings in this court, certain affidavits and
undertakings were filed on behalf of the industry respondent No. 6, and on 29th
January, 1998 we gave certain directions including the direction for the
closure of the operation of the Industry (respondent No.6) on or before 2nd
February, 1998 because of continuing pollution from its distillery and sugar
division. We also directed inspection of the industry and the site adjacent to
it by NEERI, who was also asked to submit a report to this Court whether the
pollution control devices have been installed by the Industry and proper steps
taken to control pollution in accordance with the provisions of the Water
(Prevention and Control of Pollution) Act, 1974 (hereinafter Act) or not. NEERI
was also directed to inspect the surrounding areas with a view to assess
damage, caused due to discharge of effluent by the Industry and to indicate the
cost of restitution.
to the directions issued by us on 29th January, 1998, NEERI has submitted two reports.
The first inspection report was submitted on 9th March, those reports and since
we are remanding the writ perused those reports and since we are remanding the
writ petition to the High Court for its disposal, it appears appropriate to us,
to request the High Court to consider those reports and the suggestions made
therein while passing orders in the Writ Petition from time to time.
learned Senior counsel appearing for the Industry, submits that remedial steps
have already been taken as suggested by this Court as well as by NEERI and that
Pollution to prevent pollution of water and the Industry may, therefore, be
permitted to operate.
Salve, learned amicus curiae on the other hand submits that all steps required
to check pollution have not been taken and in support of his submission, relies
upon the two reports submitted by NEERI to this Court.
High Court may, therefore:
Consider in consultation with NEERI, whether the Industry may be permitted to
have a test run or become operational and, if so, with what further safeguards
and/or remedial measures to be taken. For this purpose NEERI shall appear
before the High Court of Madras and inform the Court regarding the viability of
the Industry starting either the test run or its operation. The High Court may,
thereafter, pass appropriate orders regarding the lifting of the ban on
operations which was imposed by this Court on operations which was imposed by
this Court on 26.1.1998.
High Court may also direct supervision by any of the agencies including NEERI
or the Pollution Control Board, with a view to see that the Industry does not
cause any type of pollution, in case it is permitted to become operational.
High Court shall also examine the question of restitution of the areas damaged
on account to the pollution already caused. The costs of the pollution already
caused. The costs of the restitution shall be borne by M/s. was requested to
submit its report.
High Court shall monitor the case till such time as is considered necessary by it
High Court may appoint amicus curiae to assist it for disposal of the case and
burden the Industry with such costs as it may deem fit.
parties, through their learned counsel are directed to appear before the High
Court on 6th August,
1998. NEERI shall also
be requested to appear before the High Court on the same date to give its
opinion on technical matters regarding the operational viability of the
for as the costs in this Court are concerned, learned amicus curiae, Mr. Harish
Salve assisted by Mr.S.Muralidhar Services Committee. We appreciate the gesture
show by the learned counsel. We also wish to place on record our appreciation
for the assistance rendered by Mr.Harish Salve, Senior Advocate and Mr.S.Muralidhar
in this Court.
Industry M/s.Sakthi Sugars Ltd., Tamil Nadu shall pay a sum of Rs. 20,000/- by
way of costs, which shall be deposited in the account of the Supreme Court
Legal Services Committee within one week.
Registry shall transmit the complete record of the case to the High Court
without any delay. The record may be sent by courier for which the expenses
shall be borne by respondent No. 6.