UMESH CHANDRA BANERJEE, C. J.

( 1 ) GLOBAL maturity in recent years in regard to the concept of ecological imbalance cannot in any way be doubted - but what does the expression ecology means: Ecology in common acceptation mean and imply the study of home or the household of nature to be kept in order. George L. Clarke in his Elements of Ecology has stated that every living thing is surrounded by materials and forces which constitute its environment and from which it must derive its needs and contact with the environment is inescapable. It is on this perspective, it is to be considered as to whether on the wake of Twenty First century when there is such an awareness and maturity throughout the Globe in regard to maintenance of ecological equilibrium, Law Courts should be justified to lend a blind eye and deaf ear in regard to this concept of ecological imbalance if raised before it. Ecological imbalance, undoubtedly, is a social problem and in this context the observations of the Calcutta High Court in calcutta Youth Front and another vs. State of West Bengal and another seem to be rather apposite. In that decision, the Court held:"an ecological problem in contrast is a special type of social problem. To speak of a phenomenon as a social problem is not to suggest merely, or perhaps at all, that we do not understand how it comes about: It is labelled a problem not because, like a scientific problem, it presents an obstacle to our understanding of the world but rather because - consider alcoholism, crime, deaths on the roads - we believe that our society would be better off without it".

( 2 ) AS noted above, there is no manner of doubt that this is a social problem and considering the impact of the problem on the society, in our view, Law courts ought to rise up to the occasion to deal with the situation as it demands in the present-day context: Law Courts have a social duty since it is a part of the society and as such, must always function having due regard to the present-day problems which the society faces. It is now a well settled principle of law that socio-economic condition of the country cannot be ignored and social problems shall have to be dealt with in the way and in the manner called for, since benefit to the society ought to be the prime consideration of the Law courts.

( 3 ) TURNING attention on to the present writ petition, it appears that the entire thrust of challenge in the writ petition is in regard to avoidance of ecological imbalance by reason of pollutant discharge into Osman Sagar and Himayat sagar lakes in the city of Hyderabad. The grievance of the petitioner relates to an exemption being granted to Surana Oils and Derivatives India Limited, being the 7th respondent herein, from the G. O. Ms. No. 111, dated 8-3-1996.

( 4 ) MR. Ashok Reddy, the learned Advocate appearing in support of the petition, strenuously contended that G. O. Ms. No. 111, dated 8-3-1996 was issued by the second respondent as a precautionary measure to protect and preserve the lakes and the attempt to exempt the Surana Oils and Derivatives india Limited will defeat the very purpose for which such a notification in march, 1996 was issued. Mr. Reddy contended that apart from Osman Sagar and Himayat Sagar lakes, this city was proudly possessing Hussain Sagar lake, but by reason of indiscriminate grant of sanction to industries, the same has turned out to be a perpetual source of nuisance affecting the environment. Mr. Reddy submitted that at an earlier point of time, Hussain Sagar Lake was the main drinking water source for the people of this city of Hyderabad, but presently one dares not to touch the same, lest one would be under the grip of deadly diseases.

( 5 ) ADMITTEDLY, therefore, the totality of the situation depicts that the government issued a notification prohibiting setting up of industries in the catchment areas of Himayat Sagar and Osman Sagar lakes. Subsequently, the government has granted permission to Surana Oils and D

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