The court can strike a balance between the necessity to preserve the environment and the pressing need for industrialisation by allowing polluting industries to continue operating with adequate safeguards and on the fulfilment of certain conditions.

AFTAB ALAM, J.

1. C.W.J.C. No. 6928/1989 This application under Arts. 226 and 227 of the Constitution of India, based on a report published in a weekly Magzine named "Raviwar" of 18th to 24/06/1989, has been filed by the petitioner, claiming to be a social worker, in public interest. It brought to the notice of the Court that M/s. Shiv Shankar Chemical Industries, Private Limited, situated within Jagdishpur block at a distance of about 15 Kilo Meters from Bhagalpur town and engaged in the manufacture and production of ethyl alcohal (rectified spirit) had been discharging, beyond its premises, untreated effluents, chemical wastes and sewage. This, in addition to the obnoxious fumes and odours emanating from the distillery was contaminating the water resources and polluting the environment and thereby seriously affecting not only crops and cattle but also the health and well being of the people inhabiting the village in its vicinity, particularly that of village Raipura which was only at a short distance from this distillery. It was said that such toxic discharge from the Chemical factory was in complete contravention of the statutory provisions of Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Environmental Protection Act, 1986 and the action of the different authorities under the State Government and the respondent Bihar State Pollution Control Board (hereinafter "the Board" for the sake of brevity) in turning a blind eye to such statutory violations by the respondent-company and their failure to protect the inhabitants of the locality from the poisonous and highly injurious effects of the distillerys effluents and fumes amounted to an infringement of the inhabitants rights guaranteed under Acts. 14 and 21 read with Arts. 47 and 48A of the Constitution of India.

2. When this Court first took up this application on 13-9-1989, it directed the 5th respondent (the Chemical Company) to file its show cause in the matter. Notices were also accepted on behalf of the State and the Board by their respective counsels.

3. Pursuant to the order dated 13-9-1989 the respondent-Chemical Company and the Board filed their show cause petitions. The Chemical Company in its show cause strenuously denied that any discharge from the distillery contaminated the water reservoir of the piparia Bandh, the main source of water in the area or any other sources of water. It also denied the allegation that the distillery was a health hazard for the local villagers or was causing damages to their cattle or crops. From the two show cause petitions, it also came to light that the Board had asked respondent No. 5 to install a modern effluent treatment plant by 30/09/1989 and till then it was allowed the old conventional method of having earthen lagoons to contain and hold its wastes and effluents. From these lagoons the effluent allegedly overflowed into a nullah that led up to the piparia Bandh. The Board in its petition made a complaint that respondent No. 5 had failed to keep the time schedule and there had been no material progress towards the installation of the modern effluent treatment plant. Respondent No. 5 in its petition, on the other hand, appeared aggrieved with the Board for allowing in a much shorter time for the change over to the modern treatment plant as compared to some other similarly situated industries in Bihar. On a consideration of their show cause petitions, this Court by order dated 9-11-1989 ordered for an enquiry "as to the nature of the discharge of sewage or trade effluent by the Chemical Industry". So that it could be ascertained as to whether any further discharge of trade effluent or sewage by the distillery beyond its premises may not be so hazardous as to deserve to be altogether stopped. This Court accordingly directed the State of Bihar to constitute a Committee of experts and to submit a report to this Court on points specified in that order. By this or