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Legal Matters LEGAL MATTERS Being the pollution-related statutory authority steps to protect the environment of West of the state, the West Bengal Pollution Bengal during the time period 2003-2004. Control Board (WBPCB) has taken necessary Meetings with polluters To cope up with the need of the situation, the grievances. Based on this, the Board compels the Board arranged various meetings with the polluting units to take feasible measures for polluters. In these meetings, the polluters were erection of pollution control systems. 7apprised of the necessity to take pollution Complying units are encouraged but the control measures, to erect pollution control recalcitrant and non-complying units are not systems and to perform their duties towards spared. Regulatory orders such as restriction on social obligations in compliance with the operating time, closures, disconnection of existing environmental statutes. electricity, imposition and forfeiture of bank guarantee are issued to recalcitrant units. A Besides, the Board has also arranged public summary of such regulatory orders is given hearings involving the aggrieved complainants below. and the polluting units for redressal of their TABLE: 2.7.1 REGULATORY ORDERS OF THE WBPCB Sl. No. Description No. of Regulatory Orders 1. Closure orders issued 259 2. Closure Orders suspended 190 74 Annual Report 2003-2004 Legal Matters Sl. No. Description No. of Regulatory Orders 3. Disconnection of Electricity 251 4. Restoration of Electric Connection 188 5. Imposition of Bank Guarantee 147 6. Forfeiture of Bank Guarantee 07 Closure Orders To regulate and control the activities of the Board for erection of pollution control systems polluting industries, the Board issued closure in consonance with provisions of the Acts and orders against 259 industries during 2003-2004. Rules. After erection of suitable pollution Before issue of closure orders, the polluting control systems by some of the units, the units were given adequate time to submit Board has suspended closure order against 190 replies against show cause notices issued by the units, imposing certain conditions. Disconnection of Electricity The Board also issued orders for disconnection of the industries. However, after of electricity against 251 units during 2003- implementation of proper pollution control 2004. In most of the cases, the Board was system, the Board has issued orders for compelled to issue such orders due to non- restoration of electric connection against 188 compliance of the closure orders on the part units during the year under review. Imposition of Bank Guarantee The Board has imposed Bank Guarantee upon of which an amount of Rs. 17,59,000/- was the 147 polluting units who failed to comply forfeited from seven units who failed to with the statutory directions issued by the comply with the directions of the Board for Board during the period. Such Bank Guarantee erection of pollution control systems within totals to an amount of Rs. 3,24,67,000/-, out the stipulated timeframe. IMPORTANT LEGAL DECISIONS DURING THE YEAR 2003-2004 A. ORDERS OF THE HONBLE SUPREME COURT OF INDIA: In connection with different orders passed by (Bijoy Krishna Bera & Ors., Appellant Vs the Board and subsequently by the Honble Badal Chandra Mondal & Ors., Respondents), High Court, Calcutta, different applications, the Honble Supreme Court of India passed special leave to appeals and special leave an order upholding the order of the Honble petitions were filed to the Honble Supreme High Court, Calcutta in connection with Writ Court of India. The Honble Court passed Petition No. 7255 (W) of 2000 (Badal Chandra different orders and directions, some of which Mondal, Petitioner Vs State of West Bengal are given below. & Ors., Respondents) dated 12.10.2001 that brickfields operating within the vicinity of Date of Order: 04.04.2003 mango orchards within 1.6 kilometres shall not Pursuant to Civil Appeal No. 2735 of 2003 be allowed to operate from February to May arising out of S. L. P. (C) No. 4260 of 2002 every year. Annual Report 2003-2004 75 Part II Chapter 7 Date of Order: 13.08.2003 the Honble Supreme Court of India disposed [Dhananjoy Ghosh & Ors., Petitioners Vs of all applications filed by the parties to the Union of India & Ors., Respondents] Honble Court except the case of non- implementation of the status report. The matter relates to water / air pollution generated by the galvanising units located in The Honble Supreme Court, after hearing the Natabar Paul Road, Howrah and the Board parties directed that as soon as BOT (Build- issued regulatory orders to such units. Operate-Transfer) Party completes more than 50 per cent of the work (as certified by the Pursuant to Civil Appeal No. 6340 of 2003 West Bengal Government), the Central arising out of SLP (C) No. 15896 of 1999 Government would release 50 per cent of the [Dhananjoy Ghosh & Ors., Appellants Vs fund, as mentioned in the detailed project Union of India & Ors., Respondents], the report already submitted to the Court. Honble Supreme Court of India disposed of this matter on 13.08.2003 setting aside the order The Honble Court also directed the BOT under challenge and restoring the writ petition Party not to transfer the remaining plots to to the file of the Honble High Court, anyone until 98 old and displaced tannery Calcutta. The Honble Supreme Court of India holders form a co-operative society or allowed this appeal by setting aside the order partnership and apply for allocation of the said passed by the Honble High Court, Calcutta plots by 31st December 2004. The Honble earlier and remitted the matter to the Honble Court further directed the Calcutta Leather High Court, Calcutta for consideration in Institute to submit a detailed project report accordance with law. within one month (from the date of receipt of a copy of this order) regarding safe solid waste Date of Order: 05.09.2003 disposal system. [M. C. Mehta, Petitioner Vs Union of India & Ors., Respondents]{Tannery Matters} The WBPCB has been directed to give Consent to Operate to the tannery units only The matter relates to the operation and shifting after they develop proper facilities for of tannery units from eastern fringe of Kolkata separation of solids from other liquid wastes to Bantala Leather Complex installed by the and for operation of chrome or other effluents Government of West Bengal. after taking into consideration the relevant Acts and Rules. All applications were disposed Pursuant to Writ Petition Civil No. 3727 of of by the Honble Supreme Court of India 1985 [M. C. Mehta, Petitioner Vs Union of with liberty to the parties to file interim India & Ors., Respondents] and in applications in case of non-implementation of consideration of all the interim applications, the status report. B. ORDERS OF THE HONBLE HIGH COURT OF INDIA: During the period under review, 96 writ Date of Order: 25.04.2003 petitions were filed before the Honble Writ Petition No. 30667 (W) of 1997 Environment Bench, High Court, Calcutta [Pundoah Thana Brickfields Owners under writ jurisdiction and provisions of the Association & Ors., Petitioner Vs Chairman, Public Interest Litigation issue. The Honble WBPCB & Ors., Respondents] High Court, Calcutta disposed of 51 writ petitions during the period with appropriate The Honble Court directed the Board to take directions. Some of the important orders are actions against the errant brickfields who are furnished below: not complying with the Central Government 76 Annual Report 2003-2004 Legal Matters directions regarding erection of fixed chimney. Regulation Zones, hilly areas of Darjeeling District and the forests areas of West Bengal. Date of Order: 27.06.2003 However, the Honble Court considered the fact that such prohibition alone will not solve The Honble Court again directed the Board the problem. The Honble Court thus directed to submit report of the pollution status of the state Government to take necessary steps hotels and restaurants of Digha and Darjeeling in exercise of its power similar to other states Sub-Division. The Honble Court further like Delhi, Himachal Pradesh etc to solve the directed the Board to inspect the discharged problem. points of municipalities under the Ganga Action Plan and submit report to the Honble Date of Order: 12.12.2003 Court mentioning the effluent treatment Writ Petition No. 31110 (W) of 1997 facilities and whether all sewer lines of the {M. C. Mehta, Petitioner Vs Union of India municipalities are routed through the effluent & Ors., Respondents} treatment plant before final discharge. [Arising out of Supreme Court Matter No. 3727 (C) of 1985] Date of Order: 08.08.2003 Writ Petition No. 1442 of 2001 [Pradip The matter relates to the discharge of municipal Sancheti & Ors., Petitioners Vs Union of India sewage water into the river Hooghly. & Ors., Respondents] The Honble Court considered the report This instant public interest litigation submitted by the WBPCB regarding major highlighted on the pollution caused by plastic wastewater discharges to river Hooghly carry bags. The Honble Court observed that between the stretch of Palta to Dhankheti many states like Himachal Pradesh, Sikkim, Khal. Delhi and Union Territory like Andaman Nicobar Islands and have framed necessary In order to check the flow of untreated sewage enactments in order to restrict the use of plastic in to the river Ganga, the Honble Court bags at public places due to its associated directed the Board to issue necessary notices environmental hazards. to all municipalities who discharge sewage into the river Ganga. The order further stated to The WBPCB has passed orders prohibiting the impress upon the concerned municipalities to use of plastic carry bags in ten tourist/heritage construct treatment plant so that only treated sites, the entire Sunderban region, Coastal water is discharged into the river. C. ORDERS OF THE HONBLE POLLUTION CONTROL APPELLATE AUTHORITY (WEST BENGAL): In view of the order passed by the Honble under review, 23 appeals were filed and the Supreme Court, the State Government has Appellate Authority disposed off 55 appeals.
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