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 HON’BLE SUPREME COURT OF INDIA:

In connection with different orders passed by (Bijoy Krishna Bera & Ors., Appellant Vs the Board and subsequently by the Hon’ble Badal Chandra Mondal & Ors., Respondents), High Court, Calcutta, different applications, the Hon’ble Supreme Court of India passed special leave to appeals and special leave an order upholding the order of the Hon’ble petitions were filed to the Hon’ble Supreme High Court, Calcutta in connection with Writ Court of India. The Hon’ble 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.

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Date of Order: 13.08.2003 the Hon’ble Supreme Court of India disposed [Dhananjoy Ghosh & Ors., Petitioners Vs of all applications filed by the parties to the Union of India & Ors., Respondents] Hon’ble 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 Hon’ble 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. Hon’ble Supreme Court of India disposed of this matter on 13.08.2003 setting aside the order The Hon’ble 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 Hon’ble High Court, anyone until 98 old and displaced tannery Calcutta. The Hon’ble 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 Hon’ble High Court, Calcutta plots by 31st December 2004. The Hon’ble earlier and remitted the matter to the Hon’ble 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 Hon’ble 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 HON’BLE HIGH COURT OF INDIA:

During the period under review, 96 writ Date of Order: 25.04.2003 petitions were filed before the Hon’ble 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 Hon’ble WBPCB & Ors., Respondents] High Court, Calcutta disposed of 51 writ petitions during the period with appropriate The Hon’ble 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 Hon’ble Court considered the fact that such prohibition alone will not solve The Hon’ble Court again directed the Board the problem. The Hon’ble 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 Hon’ble 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 Hon’ble 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 Hon’ble 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 Hon’ble 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 Hon’ble 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 HON’BLE POLLUTION CONTROL APPELLATE AUTHORITY (WEST BENGAL):

In view of the order passed by the Hon’ble under review, 23 appeals were filed and the Supreme Court, the State Government has Appellate Authority disposed off 55 appeals. constituted the Appellate Authority under the Some of the important orders are given below. provisions of the Water (Prevention and Control of Pollution) Act, 1974, the Air Date of Order: 08.04.2003 (Prevention and Control of Pollution) Act, Appeal No.; A-38/2002 1981, the Bio-Medical Waste (Management and [Indian Oil Corporation Ltd., Appellant Vs Handling) Rules, 1998 and the Hazardous W. B. Pollution Control Board, Respondent] Waste (Management and Handling) Rules, 1989 framed under the Environment Pursuant to this appeal, M/s. Indian Oil (Protection) Act, 1986. During the period Corporation Limited (IOCL) submitted to the

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Hon’ble Appellate Authority that all activities iv) Sri Subrata Ghosh, Senior Environmental relating to pollution control will be completed Engineer, West Bengal Pollution Control by June 2003, which is before the monsoons. Board; and The Hon’ble Appellate Authority desired that v) Sri Biswajit Mukherjee, Senior Law the Expert Committee accompanied by the Officer, West Bengal Pollution Control officers of the Board should visit to monitor Board as Member-Convenor of the the compliance. It was noted that apart from Committee. IOCL, other industries like Consolidated Fibres, Chemical Limited, Hindustan Lever, Date of Order: 26.08.2003 Shaw Wallace etc. were also discharging effluents into the Green Canal. The Hon’ble Considering the report of the Expert Appellate Authority directed the Board to Committee, the Hon’ble Appellate Authority investigate the matter in order to ascertain the disposed the said appeal considering the fact nature of discharge and also whether such that the appellant has already taken steps industries are maintaining effluent treatment towards improvement of the environment by plants in accordance with the norms. The adopting measures for abatement of pollution. industries were directed to extend necessary The leftover task will be taken care of within the shortest possible time. cooperation to the Board for the purpose of inspection. Regarding the request of the appellant towards waiver of a part of the Bank Guarantee imposed Date of Order: 10.06.2003 by the WBPCB, the Hon’ble Appellate Authority opined that it would not like to The Hon’ble Appellate Authority considered interfere with the matter and left it to the that one of the members of the Expert Board. Committee appointed by the Hon’ble Appellate Authority namely Professor Dipak Date of Order: 09.09.2003 Bhattacharya has been nominated by the State Appeal No. A-18/2002 Government as one of the members of the [Debrupayan Housing Finance Limited, Appellate Authority. Appellant Vs W. B. Pollution Control Board & Ors., Respondents] In view of the above, the Hon’ble Appellate Authority reconstituted the Expert committee The matter relates to the construction of a huge to monitor the compliance of the township by filling up of wetland by fly-ash environmental norms by M/s. Indian Oil in the district of North 24-Parganas. Corporation Limited (Haldia Refinery) who will visit the spot and submit report to the The Hon’ble Appellate Authority observed nd Appellate Authority on 22 July 2003. The that without obtaining any permission from members of the Expert Committee are as any statutory authority (including the Board), follows: the Appellant unit has started filling up the wetland. They also published advertisement i) Prof. Robin Majumdar, Professor of in newspapers and put up publicity hoardings Chemical Technology Department, inviting people to participate in the said project University College of Science at for purchase of properties. Rajabazar, Kolkata; ii) Prof. Siddhartha Dutta, Chemical The Hon’ble Appellate Authority, after Engineering Department, Jadavpur multiple hearings, dismissed the said appeal and University; directed the Appellant Unit not to proceed iii) Sri B. R. Naidu, Senior Environmental further with their construction job without Engineer, In-Charge, Central Pollution obtaining specific permission from the State Control Board, Eastern Zonal Office; Pollution Control Board.

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The Hon’ble Appellate Authority clarified that Police Authorities, North 24-Parganas were the Appellant Unit may apply to the Pollution directed to take adequate measures for Control Board in the appropriate manner for maintaining constant vigil in the concerned implementation of the project in accordance areas so that any attempt to fill the wetlands with law. The Hon’ble Authority made it clear could be stopped and penal actions be taken that without obtaining proper consent from against such unauthorised and mischievous the Board, the Appellant Unit is not free to acts. The WBPCB and the Environment fill up of any land or wetland or raise any sort Department, Government of West Bengal of construction in the concerned area. The were directed to monitor the situation closely Hon’ble Appellate Authority also barred the with the help of District Administration. Appellant Unit for putting up any advertisement for contemplating the project Date of Order: 23.03.2004 for public participation, without obtaining Appeal No. A-45/2001 clearance from all the authorities concerned, [Alloy Steel Rolling Mills, Appellant Vs W. including the State Pollution Control Board. B. Pollution Control Board & Ors., Respondents] All concerned authorities were directed to take prompt action in respect to any violation of The matter relates to the appeal of the appellant the order. The Hon’ble Authority further unit to allow them to continue manufacturing directed the WBPCB to give proper media with coal-fired system as they are conforming publicity of this order as well as the WBPCB to the standard of particulate matter direction (issued in this regard on 05.09.2003). emission.

Date of Order: 23.09.2003 The Hon’ble Authority carefully considered Appeal No. A-46/2001 to A-51/2001[Six the submissions made by the Appellant and Appellant Units] the WBPCB, as well as the all records and reports of the Board and the Experts. After Appeals were preferred against the order multiple hearings, the Hon’ble Appellate issued by the Board regarding closure and Authority, on 23.03.2004, dismissed the said shifting of units since the concerned area was appeal upholding the direction of the Board detected as wetlands, and that such appellant regarding changeover from the coal-fired units came up in the wetland area. After system to a cleaner fuel system. multiple hearings, the Hon’ble Appellate Authority dismissed all appeals upholding the The Hon’ble Appellate Authority further orders of the Board issued in this regard earlier. directed the Board not to grant ‘Consent to The Hon’ble Appellate Authority also granted Establish’ to any new industry in the a time period of three months for relocation concerned area unless convinced that the of the appellant units from the area. ambient air quality of the area will be able to bear the additional pollution load (particularly Subject to the order of the Hon’ble High in respect to the SO2 level within its prescribed Court, Calcutta, the CESC Authority was limit). The Board was also directed to keep directed by the Appellate Authority to take constant vigilance of the situation, specify the appropriate steps and adopt stricter measures sulphur content in fuel oil when necessary and so that flyash is not dumped in the wetlands. take remedial measures as may be warranted The CESC Authority was also directed to including steps to avoid incomplete ensure that flyash was not used for combustion of oil. unauthorised filling of the concerned wetlands. The appellant unit was allowed a time period of four months from the date of order for Also, the District Authorities and District changing over from the coal-fired system to

Annual Report 2003-2004 79 Part II Chapter 7 the cleaner fuel (oil or gas) system. The unit month from the date of order. In the case of was also directed to submit a time bound action non-compliance, the Board was directed to take plan to the Board for compliance within one action in accordance with law.

Committee on the Improvement of the Environment of Victoria Memorial Hall, Kolkata

An expert committee on the ‘Improvement of of safe drinking water; the Environment of Victoria Memorial Hall, l Necessary action be taken by the VMH Kolkata’ has been appointed by the Calcutta authority for improved management of High Court on November 27, 2003. Dr S K water bodies within the premises; Sarkar, Member Secretary, WBPCB is the l Parking of vehicles on all sides be banned ; Convenor of the 14-member Committee l Traffic jams be prevented in the vicinity to consisting of officials from the Memorial, the decrease vehicular pollution; Archaeological Survey of India, the Kolkata l Leaves not to be burnt in the compound Police and the West Bengal Pollution Control or near the Memorial; Board. The Committee has submitted l An expert committee be constituted for recommendations to maintain the historic restoration of the heritage building; structure of the Victoria Memorial Hall l Facilities for amusement and recreation be (VMH) and improve the environmental installed; condition of the area around it. The key l In line with the High Court order, no fairs recommendations are as follows: should be allowed on the Maidan surrounding the VMH; instead, new l A pilot study be conducted to understand plantations should be taken up in the impact of the prevalent air quality on consultation with the Botanical Survey of the VMH; India; l A reasonable entry fee be charged to enter l The elevated region at the southern and the premises; south-western side outside the VMH l No vendors be allowed within 50 metres premises be leveled by the Hooghly River of the complex; Bridge Commission or the concerned l Strict fines be imposed for littering, authority. spitting, smoking, use of plastic carry bags and even consumption of food on the Further, on March 18, 2004, the Calcutta High premises; Court has set up a five-member core committee l Steps be taken to clean premises, and to implement recommendations of this 14- maintain the sewerage and drainage lines; member expert committee, on improving the l The abstraction of ground water be structural and environmental conditions of completely stopped by the VMH auhority Victoria Memorial. The committee is currently and the KMC must ensure steady supply executing the recommendations accordingly.

Committee to review the Rules enacted under the Water & the Air Act

The Committee, as appointed by the along with the compilation and consolidation Department of Environment on November of the existing Rules. Till February 2004, the 11, 2003, is entrusted to review the Rules of Committee, chaired by Dr. S. K. Sarkar, the Water (Prevention & Control of Pollution) Member Secretary, WBPCB, met on four Act, 1974 and the Air (Prevention & Control occasions and discussed about the present status of Pollution) Act, 1981, taking into of the Rules taking into consideration the consideration of the amendments of these Acts present status of the aforesaid Acts.

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