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2016 Supreme(J&K) 453

IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
N. PAUL VASANTHA KUMAR, TASHI RABSTAN, JJ.
Ab. Hamid Wani and Ors. - Appellants
Vs.
State of J&K and Ors. - Respondents
PIL No. 20 of 2015 and MP No. 01 of 2016
Decided On : 29-06-2016

Advocates Appeared:
For the Appellant :M. Ashraf Wani, Advocate.
For the Respondents: M.I. Dar, AAG.

The judgment emphasizes the need for adherence to pollution control norms by cement plants and highlights the importance of balancing environmental concerns with sustainable development.

Headnote:

Pollution - Cement Plants - Air (Prevention & Control of Pollution) Act, 1981 - Water (Prevention & Control of Pollution) Act, 1974 - [Mantaki and Seerbagh Colony of Khrew] - [Air (Prevention & Control of Pollution) Act, 1981, Section 21, 22] - The court addressed the pollution caused by cement plants and emphasized the need for adherence to pollution control norms. It directed the Pollution Control Board to consider renewal applications expeditiously, inspect the plants, and issue renewal of consent only upon satisfaction of pollution control standards. The court also highlighted the need to balance environmental concerns with sustainable development, citing relevant Supreme Court decisions.

Fact of the Case:

Residents of Mantaki and Seerbagh Colony of Khrew filed a public interest litigation contending that huge industrial pollution is being caused by the Cement plants. They sought a writ of mandamus to stop commissioning of new Cement plants and prevent, control, and abate environmental pollution caused by existing cement plants.

Finding of the Court:

The court directed the Pollution Control Board to consider renewal applications expeditiously, inspect the plants, and issue renewal of consent only upon satisfaction of pollution control standards. It emphasized the need to balance environmental concerns with sustainable development.

Issues: Adherence to pollution control norms by cement plants, renewal of consent by Pollution Control Board, and balancing environmental concerns with sustainable development.

Ratio Decidendi: The court emphasized the need for adherence to pollution control norms by cement plants and highlighted the importance of balancing environmental concerns with sustainable development.

Final Decision: The writ petition was disposed of with directions for the Pollution Control Board to consider renewal applications expeditiously, inspect the plants, and issue renewal of consent only upon satisfaction of pollution control standards. The court also highlighted the need to balance environmental concerns with sustainable development.

JUDGMENT :

N. Paul Vasantha Kumar, J.

1. This public interest litigation is filed by the petitioners, who are residents of Mantaki and Seerbagh Colony of Khrew, contending that huge industrial pollution is being caused by the Cement plants of respondent Nos. 12 to 18 as the said Cement plants do not adhere to the norms which are provided for abatement of pollution caused by the cement plants. The activities which are undertaken for manufacturing of cement is querying of lime stone and the burning of fuel and chemical compounds which are hazardous. The carrying capacity of the air of suspended particulate matter (SPM) has crossed the threshold point resulting in great threat to the lives of people of the area including flora and fauna. According to the petitioners, the Pollution Control Board has not taken steps to check the pollution and prevent causing of pollution by the Cement Plants. Hence the petitioners have approached this Court by filing this writ petition, praying to issue writ of mandamus, directing the official respondents to stop commissioning of new Cement plants with carrying capacity of 600 metric tones, namely, Mehboob Cement Project at Wuyun Khrew and to prevent, control and abate the environmental pollution caused by existing cement plants which are owned Dy. the Government and other private persons, by directing them to adhere to the safety measures which are undertaken by them when NOCs are issued and to cancel/withdraw the NOCs of the Cement Plants which violate the safety measures required to control abate and prevent the air pollution and for directing the official respondents to conduct detailed survey of the area and other ancillary reliefs. When the matter was heard by this Court on 15.03.2016, an interim direction was issued to the authorities of the Pollution Control Board to inspect the cement factories and submit the report before this Court. Pursuant to the said direction issued, inspection report with regard to the Cement units operating in the area, stating that Cement Units of Khrew and Khanomoh belt are regularly inspected by the Board and status of these units as observed during the inspection made on 10.03.2016 by the team of scientists and technical officers in respect of pollution control devices installed, pollution control measures adopted, status of consent and self monitoring reports etc. The report was filed before this Court along with the status report on 27.05.2016. In the inspection report the status of the Cement Plants of respondent Nos. 12 to 17 is stated as follows:-

"Respondent No. 12: (M/S Green Land Cements)

The Plant has been commissioned in the year 2013 of 100 TPD at Wuyun area and is of Vertical Shaft type. The Consent under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 has been granted by the Board and was valid up to September, 2014. The renewal of consent in under process. In the remarks column it is stated that the crushing section is under renovation. Housekeeping needs improvement besides plantation needs to be enhanced and internal roads to be black topped.

Respondent No. 13: (M/S J.K.C.L. Khrew)

The Plant has been commissioned in the year 1981 with capacity of GOO TDP with expansion of 600 TDP in the year 2010 and is of rotary type. The Consent under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 has been granted by the Board and was valid up to March, 2014. The renewal of consent in under process. In the remarks column it is stated that the Electrostatic Precipitator is not functional effectively, the pollution machinery needs to be repaired/replaced on regular interval. The plantation needs enhancement. Stock yard needs to be fully covered. Compound wall needs to be constructed fully to the adequate height of more than 10 feet around the unit. Water sprinkling in and around the premises needs on regular basis.

Respondent No. 14: (M/S TCI Max)

The Pla


































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