IMPORTANT POINTS
The Act and the Rules made thereunder, therefore, provide for separate parameters and norms for industrial and residential areas. Section 6(2)(a) and (b) of the Act, 1986 empowers the Central Government to make rules to regulate the standards of quality of air, water or soil for various areas and purposes and to prescribe the maximum allowable limits of concentration of various environmental pollutants including noise for different areas. What is sought to be achieved by the Act, 1986 and Rules, is to strive for and achieve certain minimised pollution levels in industrial, residential and other areas/zones. Therefore, no industrial unit can claim that it need to comply only with the parameters prescribed for industrial area, though the noise or emissions from the industry results in pollution of the nearby residential area violating the parameters prescribed for the residential area. An industry though functioning in an industrial area, cannot function in such a manner resulting in violation of pollution control norms and parameters prescribed for nearby residential areas.

JUDGMENT :

N. NAGARESH, J.

1. W.P. (C) No. 41275/2018 has been filed by two industrial companies seeking to set aside Exts.P3 and P4 integrated consent issued by the Kerala State Pollution Control Board to the extent they restrain operation of furnace of the industrial units from 10 p.m. to 6 a.m. W.P. (C) No. 4576/2019 has been filed by two permanent residents of Kanjikode in Palakkad District challenging Exts.P40 and P41 integrated consents issued to the petitioners in W.P. (C) No. 41275/2018 in its entirety. Since both these writ petitions relate to the alleged pollution caused by the petitioner companies in W.P. (C) No. 41275/2018, they are being heard and disposed of together. Parties are referred to in this judgment, as they are arrayed in W.P. (C) No. 41275/2018, for convenience.

2. The facts revealed from the pleadings show that M/s. Paragon Steels Private Limited and M/s. S.M.M Steel Re-Rolling Mills Private Limited, the petitioners in W.P. (C) No. 41275/2018, are running steel re-rolling mills in the Industrial Development Area, Kanjikode in Palakkad District. The units were established in the year 1995 and 1996. Those units were originally run by one Mr. M. Paramasivam. Consequent to a resolution plan approved by the Company Law Tribunal under Section 31 of the Insolvency and Bankruptcy Code, 2016, the units have now come under the ownership of the petitioners in W.P. (C) No. 41275/2018.

3. The petitioner companies state that these units situate in an Industrial Development Area which originally housed 40 different industrial units. On account of various adverse circumstances, 25 units have been closed and at present, only 15 units including two of the petitioners, are functioning. Each unit is liable to remit a minimum electricity charge of Rs. 20,00,000/- to KSEB every month. The electricity tariff during peak hours (6 a.m. to 10 p.m.) is Rs. 8.25 and during off peak time (10 p.m. to 6 a.m.), it is Rs. 4.125. The units are functioning under the monitoring of the Pollution Control Board. The Pollution Control Board has issued Exts.P3 and P4 renewal of integrated consent to operate, on 27.11.2018. However, in those consents, a condition has been stipulated that operation of furnace as well as loading and unloading activities shall not be carried out during night time (10 p.m. to 6 a.m.). Petitioners state that they are not doing any loading or unloading activities during night time. However, the condition in the integrated consent restraining functioning of the factory during night time not only causes huge financial burden on the units towards energy charges but also discriminates the industrial units. The units are located in an approved Industrial Development Area and pollution norms relating to industrial areas should be made applicable to the units. Petitioners, therefore, pray that Exts.P3 and P4 integrated consents be set aside to the extent they restrain the operation of the furnace of the units, from 10 p.m. to 6 a.m.

4. W.P. (C) No. 4576/2019 has been filed by additional rd and 4th respondents in W.P. (C) No. 41275/2018. Additional rd and 4th respondents state that they are permanent residents of Kanjikode. Additional 3rd respondent owns 15.75 cents of land and it shares the boundary of the industrial unit of the 1st petitioner. Additional 4th respondent owns 7 cents of land where he resides and the said house is hardly at a distance of 30 meters from the two units. They state that the two industrial units of the petitioners have been established in violation of the distance criteria and the industries are causing heavy air and sound pollution. The units are engaged in production of steel ingots. Shredded steel scrap and sponge iron are used as raw materials. The process involves shelting of the said raw materials. Unloading of the scrap and tearing down the same by the units, cause loud and unbearable noise pollution in the locality and such scrap is unloaded during night hours. The pollution control measures