When pollution exceeds tolerance limits, it invades the rights under Article 21 and justifies judicial intervention. Regulatory measures and the consideration of standards for pollution control are essential.

The reliefs sought in the two petitions are similar, and so are, the grievances. They are therefore disposed of by a common judgments

2. Petitioners 1 to 5 in O.P. 3473/88 are residents of Chingavanam, while petitioners 6 & 7 are Secretaries of two Associations in the area, said to be formed to fight pollution caused by the 5th respondent - the Travancore - Electro Chemicals Industries, called 'the Company', hereinafter. Petitioner in O.P. 4622/88 is another Association in that locality, with a grievance akin to that ventilated in O.P. 3473/88. Reference to documentation is with reference to O.P. 3473/88.

3. According to petitioners, 'the Company' runs a factory where Calcium Carbide and Acetylene black are produced in large quantities. The raw materials include, Calcium Carbon;, a in the form of lime-shells and carbon in the form of coal, charcoal, carbonised lignite, coke etc. Raw materials are processed under high temperature ranging to 2400 degree centigrade, and in the process 438 Kgs. of Carbon monoxides and 688 Kgs. of Carbon dioxides are generated, per ton of Calcium carbide produced. Acetylene black is produced by conversion of Calcium carbide. Lime slurry is one of the by-products. It is alleged that slurry is discharged into neighbouring streams, -Mulakanchira and Puthanthodu. The discharge percolates into neighbouring wells polluting potable water, besides causing silting in the navigable canal, a waterway linking Kuttanad, Vakathanam and other places, submit petitioners. Misaligned further that the effluents discharged, make an adverse impact on acquatic life. Gasous emissions pollute the air and, so do suspended particulate material in ambient air, submit petitioners. Pulmonary diseases and other ailments are caused by atmospheric pollution, it is said. Ext.P1 series health survey reports, Ext.P2 letter by an additional Director, and other materials are relied on to support this view. It is also alleged that the Kerala State Pollution Control Board, called 'the Board' hereinafter granted consent (Annexure VI) to the Company to discharge effluents into streams, unaware of their statutory responsibilities, and unmindful of the impact it would make on life and environment. Referring to a report of the Board dated 19-10-1987 (Annexure II in report filed on 29-6-1988), it is argued that the effluents are discharged without consent, or in excess of the permitted limits. It is seen that dissolved solids (inorganic) and Cyanides were discharged at dangerous levels exceeding the permitted level. The tolerance limit of Bio-Chemical Oxygen Demand is 30Mgl/l. But, it was 232 Mgl/1 on 13-11-1987. The tolerance limit of Chemical Oxygen Demand is 250 Mgl. and on 13-11-1987 it was found to be 352 Mgl. On 18-11-1987 Cyanides level was 13.9, while tolerance limit is 0.2.

4. Air pollution in disastrous proportions is also alleged. It is said that seven chimniesstacks spew out enormous output of Carbon Monoxide, Carbondioxide and Sulphur dioxide in to ambient air, without adequate dispersion facilities, causing toxicity of air and fall out of lethal particulate material. Five of the seven chimnies are said to be below 30 meters in height and this also makes a dent into ambient air quality, pushing it beyond tolerance limits. Referring to the counter affidavit of - the Board dated 10-11-1989, petitioners aver that the pollution load is 8.0% tons per day and that concentration of particulate material is 1872 Mg/NM`5. On the basis of the same affidavit, it is pointed out that the pollutants expelled emanating from the stacks is in the range of 19862 Kgs. of particulate material, and 7158 Kgs. of Carbon Monoxide per day. A report dated 29-6-1988 submitted by the Board is referred to by petitioners and they contend that while tolerance limit of Cyanide is 0.2 Mgl/1, it was actually 13.9 Mgl/1. Annexure I dated 27-10-1989 produced by the Board shows that emission of Sulphur Dioxide (SO„) was not noticeable. The emission of Carbon