(Per : HONOURABLE THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN)

Petitioner has raised grievances about the inefficiency and the incapacity of the officers of the Pollution Control Board to control the contamination of underground water in Boriya Khurad village, causing serious health hazards.

Considerable duties and responsibilities have been bestowed on the Officers of the Gujarat Pollution Control Board (for short `GPCB') under the Water (Prevention and Control of Pollution) Act, 1974, (for short `the Water Act') for prevention and control of water pollution and to ensure that the industrial and domestic effluents are not allowed to be discharged into the water courses without adequate treatment, as such discharges would render the water unsuitable for human consumption, irrigation and the marine life.

The 4th respondent had set up a dyeing and manufacturing unit in the above mentioned village for manufacturing dyes and intermediates which had discharged chemical and other toxic subject into the underground bore-wells of the 4th respondent factory, which in turn contaminated the water in nearby bore-wells causing serious water pollution and health hazards to the villagers and farmers. This fact was noticed by the Environmental Engineer of the GPCB in an inspection conducted on 19.04.2004. Samples of water from the bore-wells were taken by the Officers of the GPCB and were tested. It was revealed that there was contamination of underground water in the nearby areas due to discharge of effluents into the underground bore-wells by the 4th respondent's Unit. Consequently, a closure order dated 13.04.2004 was issued to the 4th respondent by the GPCB in exercise of powers conferred under the Water Act, the Air (Prevention & Control of Pollution) Act, 1981, (for short `the Air Act') and the Hazardous Waste (Management & Handling) Rules, 1989, (for short `the Rules') framed under the Environment (Protection) Act, 1986, (for short `the Environment Act'). An application preferred by the 4th respondent unit for manufacture of certain products was also rejected stating as follows:-

AND WHEREAS during the inspection of your industrial plant on 19/5/2004 under Section-23 of the Water Act. Samples of bore well near by area were collected by the authorized officers of the Board. Copy of the AR No 1113-2004, 1114-2004, 1115-2004, 1116-2004, 1117-2004, 1118-2004, 1119-2004 dated 19.05.2004 of this Bore Wells sample was sent by the Board. This analysis report indicates that there is contamination of underground water in the near by area due to the discharge of waste water by the M/s SWASTIK ORGANIC.

The GPCB had to take strong measures due to the objections raised by the villagers and ultimately the factory was closed down, but the problems of the complainant-petitioner and other villagers still subsists. The pollution caused by the 4th respondent factory is a perennial problem and the contaminated water still causes serious health hazards. The pollution already caused is still to be eradicated. Petitioner has, therefore, approached this Court seeking a direction to the authorities to take appropriate steps to check and curb the pollution of the underground water at village Boriya Khurad and to take appropriate action against the offending industrial units responsible for the pollution of the underground water and also take appropriate steps against the erring officers and also for the consequential reliefs.

4th respondent has filed a detailed counter affidavit and stated that having noticed the pollution caused by the discharge of the effluents into the bore-wells of the factory, factory was closed down and claims made by few farmers were found tenable and were paid compensation. It is further stated that one Arjunsinh Mansinh Solanki did not come forward to receive the compensation, and in turn he has filed Special Civil Suit No. 17 of 2007 in the Court of Civil Judge (S.D.), Himmatnagar, praying for compensation of Rs. 10.00 lacs with 9% in