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1996 Supreme(SC) 2247
SUPREME COURT OF INDIA
Kuldip Singh, S. Saghir Ahmad, JJ.
M.C. Mehta - Petitioner
Versus
Union of India & Ors. - Respondents
W.P. (C) No. 3727 of 1995
Decided On : 15-03-1996
Headnote:
Undergo simple imprisonment - Lead evidence – Jurisdiction - Contempt proceedings - After hearing learned counsel for the parties, we have no hesitation in reaching the conclusion that the industry is guilty of the contempt of this Court. We would have ordinarily imposed exemplary punishment in a situation like this where there is a patent disobedience of this Courts order. But keeping in view the fact that the main purpose of this Court in issuing various orders from time to time is to protect the environment and control pollution, we have already imposed a fine of Rs. two on the industry. We may say that this is the first type of case where an industrialist has violated the orders of this Court - Court are of the view that the interest of justice would be met if we impose penalty of tine - Court impose a fine of paid by within one month from today failing which he shall undergo simple imprisonment - While disposing of this contempt petition, we warn the industrialists all over the country that exemplary punishment shall be awarded for violating any orders of this Court in the matter of environment protection and pollution control. The orders of this Court have to be meticulously complied with – Held, It is stated in the report that the construction of pollution control system has been completed except in relation to boiler Twin Furnace - It is stated by learned counsel for the industry - the same has also been mentioned in the report by the Board - that the industry is not operating boiler Twin Furnace - They shall not operate the same till the necessary pollution control devices pertaining to the said boiler and twin furnace have been installed. They shall start operating the same with prior permission of the Pollution Control Board. Meanwhile, we give two months time to the Board to inspect the necessary pollution control devices and file a final report in this matter - learned counsel appearing for states that so far as the workmen suffering from occupational diseases are concerned, they are not being given any medical help by the State of West Bengal. We direct the Secretary, Health, State of West Bengal and Director Health Services, State of West Bengal to render all possible help to the workmen who are suffering from occupational diseases. The list of such workmen is enclosed as Annexure (I). The Director, Health Services shall depute a team of Doctors to contact these workmen and render all necessary help - List the matter on March - Central Pollution Control Board has placed on record the report regarding M/s. Indian Oil Corporation West Bengal. According to the report, the industry is in the process of construction of permanent pollution control devices and the industry is proceeding in accordance with the schedule already proposed - Central Pollution Control Board may have a surprise inspection of the refinery from time to time and file a report in this Court. Needless to say that expenses of inspection shall be borne by the refinery. The refinery shall also send monthly reports to the Central Pollution Control Board - In this Court gave six months time to M/s. Dunlop India Ltd. to set up permanent pollution control devices. The report placed on record by the Board indicates that the pollution control devices have not as yet been fully constructed - Learned counsel appearing for the industry states that the industry needs time – Court reject contention - Court direct the industry to set up the pollution control devices in every respect - air and water, if necessary failing which the industry shall be closed forthwith – Order accordingly
JUDGMENT :
1. Mr. Bikash Mukherjee, Chief Executive (Corporate Affairs), Bengal Paper Mills Co. Ltd. has filed reply in the contempt proceedings. It is not denied that the HPCF Boiler was being operated by the industry in violation of the orders of this Court. Mr. Kapil Sibal, learned counsel appearing for the industry has very fairly stated that he cannot justify the conduct of the industry. The plea taken by Mr. Mukherjee is that he had left clear instructions for one Mr. Sudipto Patronobish, Asstt. Power House Engineer, to strictly comply with the orders of this Court and not to operate the boiler without prior permission of the Pollution Control Board. He further states that his duties mostly keep him away from the industry and for most of the time, he operates from Calcutta He has tendered apology.
2. After hearing learned counsel for the parties, we have no hesitation in reaching the conclusion that the industry is guilty of the contempt of this Court. We would have ordinarily imposed exemplary punishment in a situation like this where there is a patent disobedience of this Court's order. But keeping in view the fact that the main purpose of this Court in issuing various orders from time to time is to protect the environment and control pollution, we have already imposed a fine of Rs. two lacs on the industry. We may say that this is the first type of case where an industrialist has violated the orders of this Court. We are of the view that the interest of justice would be met if we impose penalty of tine. We impose a fine of Rs. 2,000/- to be paid by Mr. Bikash Mukherjee within one month from today failing which he shall undergo simple imprisonment for 15 days. While disposing of this contempt petition, we warn the industrialists all over the country that exemplary punishment shall be awarded for violating any orders of this Court in the matter of environment protection and pollution control. The orders of this Court have to be meticulously complied with.
3. M/s. Bengal paper Mills Ltd. was closed by our order dated February 16, 1996. Mr. Sibal appearing for the industry states that necessary pollution control devices have been installed/repaired. We suspend the closure order for six weeks. The West Bengal Pollution Control Board to inspect the industry and file a status report within this period.
4. The West Bengal Pollution Control Board has filed a report by way of an affidavit of Mr. Biswajit Mukherjee. The report regarding various industries is as under:
M/s. Shah Wallace & Co. Ltd. Durgachak, Haldia, Dist. Midnapore
It is stated in the report that the industry has filed the necessary undertaking as directed by this Court in its order dated February 16, 1996.
M/s. Hindustan Fertiliser Corporation Ltd. Durgapur Unit, P.O. Durgapur-12, Distt. Burdwan
It is stated that necessary notice has been served on the industry. The notice is to expire in the 4th week of March, 1996. This matter to come up on April 4, 1996.
M/s. Jenson & Nicholson, Garifa, Distt. 24-Parganas (N)
The report indicates that this industry is a compliant industry and the BOD level has come down. Mr. Mohan states that the Board would like to inspect the industry once again. He may do so within the next six weeks and file a report.
M/s. Unitech Paper & Board Industries P.Ltd. Rajbasa, Jhargram, Distt. Midnapore
The report indicates that the industry is a compliant industry.
Thermal Power Stations
So far as the five thermal power stations listed in para 6 of the report are concerned, Mr. Mohan states that a detailed report shall be submitted by the Board within two weeks from today. He may do so.
M/s. Dunlop India Ltd., Sashaganj, Hooghly
In August, 1995, this Court gave six month's time to M/s. Dunlop India Ltd. to set up permanent pollution control devices. The report placed on record by the Board indicates that the pollution control devices have not as yet been fully constructed. Mr. Jaideep Gupta, learned counsel appearing for the industry states that the indust
