JUDGMENT

Ramesh Ranganathan, C.J. (Oral) - All these Writ Petitions have been filed in larger public interest seeking a direction to the State Government and the State Pollution Control Board to cause an inquiry through a body of experts, and to take action against those industries which are causing environmental degradation, and are acting in violation of the guidelines prescribed in the Environment (Protection) Rules, 1986 and the Water (Prevention and Control of Pollution) Act, 1974.

2. It would suffice for the disposal of these four writ petitions to take note of the contents of, and the relief sought for in, WPPIL No.77 of 2017; and the directions issued by this Court, therein, from time to time. WPPIL No.77 of 2017 is filed by Shri Himanshu Chandola, an agriculturalist from Udham Singh Nagar District, who complains of the failure of the respondents to take action against the recalcitrant industries which have caused severe environmental damage to the surrounding areas. He seeks a writ of mandamus commanding respondent nos.1 to 3, i.e. the State of Uttarakhand, the District Magistrate, Udham Singh Nagar and the Uttarakhand Environment Protection and Pollution Control Board to restrain the private respondents (industries causing pollution) from spreading pollution in the surrounding public areas, and to take action against them for causing water and air pollution. A mandamus is also sought commanding these private industries to ensure that they maintain the pollution standards as per the existing norms.

3. A Division Bench of this Court, by its order dated 17.08.2018, directed the Central Pollution Control Board to inspect each and every industry in the State of Uttarakhand, to ascertain whether or not the norms laid down under the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, the Hazardous Wastes (Management and Handling) Rules, 1989, and the Environment (Protection) Rules, 1986 are being complied with, and thereafter submit its report to this Court.

4. The Central Pollution Control Board submitted its report stating that an inspection was caused of 793 (highly pollutant industries) red category industries in the State; their inspection revealed that 239 of such units were complying with the prescribed norms; 323 establishments in the red category were not complying with the prescribed norms; 159 units were closed; 43 units were not traceable; 26 units were still under construction; and 2 units could not be assessed as they were inaccessible.

5. The Division Bench had, in its order dated 14.02.2019, noted the submission urged on behalf of the State Pollution Control Board that the total number of red category industries in the State were 734, the number of units in the orange category was 2732, and those in the green category were 2700; during the year 2018-19, closure notices were issued to 214 and show cause notices were issued to 1812 units; and the State Pollution Control Board was taking prompt action whenever it found that the industries were not complying with the prescribed norms. The Division Bench, by its order dated 14.02.2019, directed the Central Pollution Control Board to furnish the list of 323 red category industries which were found not to be complying with the prescribed norms. The Member Secretary of the Uttarakhand Pollution Control Board was directed to inspect each one of these 323 red category industries, and take action against the erring units, and submit an Action Taken Report to this Court.

6. A compliance report was, thereafter, filed by the State Pollution Control Board informing this Court that of the 323 red category industries, identified by the Central Pollution Control Board, 27 were under closure, 179 of these units satisfied the prescribed norms, and show cause notices were issued against the rest. It was also brought to the notice of this Court that the Common Effluent Treatment Plant at Gadarpur, District Udham Singh Nag