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1991 Supreme(SC) 444
SUPREME COURT OF INDIA
K.N.Singh, K.Ramaswamy, JJ.
M.C.Mehta - Appellant
Versus
Union Of India - Respondent
W.P. No. 3727 of 1985
Date of Decision : 03/09/1991
Headnote:
Constitution Of India,1950 - State Pollution Control Board - Hindustan Tanneries Pvt Ltd - Tannery Kanpur that they have already set up Primary Treatment Plant and have removed defects pointed out by State Pollution Control Board- Court accordingly direct State Pollution Control Board to inspect establishment of these two tanneries and to submit its report to this court as to whether treatment plant alleged to have been set up by tanneries is according to standard and is in working order- report may be submitted within four weeks Tannery that they are not carrying out any tanning operation instead they are carrying out working of finishing and it does not involve flow of any industrial effluent or pollution of water or atmosphere- State Pollution Control Board is directed to inspect factory and submit its report to this court within four weeks –Held, Hindustan Chambers of Commerce that an agreement has taken place between and Hindustan Chambers of Commerce for disposal of sludge- On a perusal of affidavit it is not clear as to whether arrangement which was agreed upon being implemented - Pollution Control Board is directed to file affidavit as to whether agreement alleged to have been arrived at between Kanpur Nagar and Hindustan Chambers of Commerce is being implemented State Pollution Control Board it appears that following tanneries have not set up even Primary Treatment Plant in spite of time being granted to them- These are as under District Magistrate and State Pollution Control Board to take effective steps to close aforesaid tanneries and they will not be allowed to undertake any tanning operations till they set up Primary Treatment Plant- If any of aforesaid tanneries are able to set up Primary Treatment Plant they may contact State Pollution Control Board and obtain certificate to this effect and thereafter apply to this court for appropriate orders – Order accordingly
ORDER
I.A Nos. 5 & 6
(1) IT is stated on behalf of M/s Madina Tannery and M/s New Javed Tannery, Kanpur that they have already set up Primary Treatment Plant and have removed the defects pointed out by the State Pollution Control Board. We, accordingly, direct the State Pollution Control Board to inspect the establishment of these two tanneries and to submit its report to this court as to whether the treatment plant alleged to have been set up by the tanneries is according to the standard and is in working order. The report may be submitted within four weeks.
I.A. No. 8
(2) IT is stated on behalf of M/s Himalaya Tannery that they are not carrying out any tanning operation, instead they are carrying out the working of finishing and it does not involve flow of any industrial effluent or pollution of water or atmosphere. The State Pollution Control Board is directed to inspect the factory and submit its report to this court within four weeks.
M/S Shalimar Leather Industries and Mis Society Tanners
(3) IT is stated on behalf of M/s Shalimar Leather Industries and M/s Society Tanners that they have set up the Primary Treatment Plant and removed the defects pointed out earlier. But on a perusal of the inspection report we find that they have not made any arrangement for the disposal of the sludge coming out of the Primary Treatment Plant. We, accordingly, direct these two tanneries to contact the Kanpur Nagar Mahapalika and take immediate steps for the disposal of the sludge as directed earlier by our order dated 8/05/1991. It is further stated on behalf of these two tanneries that they have already deposited their contribution towards the setting up of the secondary treatment plant. The State Pollution Control Board may verify and submit its report within four weeks.
(4) ON a perusal of the affidavit of Ajay Kumar Sharma, Assistant Engineer (Environment), U.P. Pollution Control Board, Kanpur, nine tanneries have made partial payment which are as under:
1. M/s Jajmau Leather Finishers, Jajmau, Kanpur.
2. M/s Kasif Tannery, Jajmau, Kanpur.
3. M/s Greater Arafat Tanners, Jajmau, Kanpur.
4. M/s Hilton Tanning Industries, Jajmau, Kanpur.
5. M/s N.R. Tanners Industries, Jajmau, Kanpur.
6. M/s Delhi Tannery, Jajmau, Kanpur.
7. M/s Jonaid Tanning Industries, Jajmau, Kanpur.
8. M/s Aharwar Leather Finishers, Jajmau, Kanpur.
9. M/s Paramount Leather Corpn., Jajmau, Kanpur.
The following tanneries have not made any deposits:
1. M/s New Golden Tanning Industries, Jajmau, Kanpur.
2. M/s Nav Ratan Tanning Industries, Jajmau, Kanpur.
3. Universal Tanning Industries, Jajmau, Kanpur.
4. M/s Kohinoor Tannery, Jajmau, Kanpur.
5. M/s Azim Trade & Exports, Jajmau, Kanpur.
6. M/s Imperial Leather Finishers, Jajmau, Kanpur.
7. M/s Arjun Leather Industries, Jajmau, Kanpur.
8. M/s Alsafa Tanners Industries, Jajmau, Kanpur.
9. M/s Chaudhary Leather Finishers, Jajmau, Kanpur.
10. M/s Bhopal Tannery & Glue Works, Jajmau, Kanpur.
11. M/s Shamsher Ki Tannery Jajmau, Kanpur.
12. M/s Triveni Tannery, Jajmau, Kanpur.
13. M/s Babulal Tannery, Jajmau, Kanpur.
14. M/s Naaz Tanning Industries, Jajmau, Kanpur.
15. M/s Moon Light Tannery, Jajmau, Kanpur.
16. M/s Raj Leather Finishers, Jajmau, Kanpur.
17. M/s Shad Tanning Industries, Jajmau, Kanpur.
18. M/s Zeenat Tannery, Jajmau, Kanpur.
(5) IN the circumstances the aforesaid 27 tanneries are directed to be closed. The District Magistrate and the authorities of the U.P. Pollution Control Board are directed to take effective steps for implementation of this courts order. These tanneries will be allowed to function only after the entire money is deposited and a report is submitted by the U.P. Pollution Control Board to this court.
I.A. No. 7 of 1991: Hindustan Tanneries Pvt. Ltd.
(6) IT is stated on behalf of M/s Hindustan Tanneries Pvt. Ltd. that they have already set up a primary treatment plant, as directed earlier by this court. This fact could not be brought to the notice of the court as a result of which the tannery has been placed under seal, pursuant
