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Judgment
S.B. Sinha, C.J.—One Sri Md. Nazeqr, claiming to be the Founder and President of Praja Rakshana Sankshema Seva Sangham. Chilakaluripet. Guntur District, has addressed a letter dated 14-3-2001 to the Hon''ble the Chief Justice of this Court, complaining about the air and water pollution caused by various industries viz., Tobacco, Cements. Fertilizers, Insecticides and Bio-chemical plants, in the constituency of Chilakaluripet and praying the Court to issue appropriate directions to the A.P. Pollution Control Board (for short ''the Board'') to either stop or close the industries responsible for polluting the environment.
The aforementioned letter was taken up as Public Interest litigation. The Member Secretary of the Board-respondent No. 1 herein has filed a detailed status report, annexing reports of ambient air quality, stack monitoring and effluent analysis as also a map of Chilakaluripet, Nadendla and Edlapadu mandals, indicating the concentration of industries category-wise (marked in red and orange colour).
It is staled in the status report that Chilkaluripet, Nadendla and Edlapadu Mandals of Guntur District house agro based industries as cultivation of cash crops like tobacco and cotton is predominant in those areas and that apart about 21 stone crushing units exist in Edlapadu Mandal. The status of pollution control measures taken by the red and orange category of industries is submitted at annexure-II and out of 4 Nos. of red category industries M/s. G. P. Industries. Thimmapuram has become sick and the other three industries have installed effluent treatment plants and air pollution control equipment. It is further stated the orange category of industries consist of 5 spinning Mills. 21 stone crushers. 4 para- boiled rice mills, 3 tobacco redrying units and one milk chilling unit and that notices have been issued to the para-boiled rice mills and action is being initiated against them for installation o air pollution control equipment and effluent treatment plant, that out of 21 stone crushers. 16 stone crushers arc located along NH 5 in Edlapadu Mandal, out of which 15 stone crushers have installed the required dust control equipment, that one unit has become sick and is not in operation, and the remaining five stone crushers are located inside near the hills and quarries and that a pesticide formulation unit which is located away from habitation is provided with pollution control equipment.
The status report further discloses that one tobacco redrying unit has already provided air pollution control equipment, and notices have been issued to other 2 tobacco redrying units directing them to provide Air Pollution Control Equipment to the boiler stacks. That the redrying units are in the watch list of the Hoard. Out of the 5 spinning mills in operation. 4 have provided dust collection system and one spinning mill has become sick. That the Board has issued CFE to three other spinning mills in Nalgonda Mandal.
It is further stated in the status report that the Board has initiated sustained action on the stone crushing units located along NH 5 and that all the units except M/s. Kakatiya Stone Crusher (sick unit) have installed pollution control equipment for dust control. That two units were issued closure orders u/s 31(A) of the Air (Prevention & Control of Pollution) Amendment Act, 1987 and that the said orders were revoked after the units installed the Air Pollution Control Equipment that the stone crushing units located in that area are some of the first units in the State to take up dust control measures that the NH 5 abutting the stone crushers is in the process of upgradation to four way lane causing dust nuisance, and that the Board is in the process of monitoring these stone crushers which have installed air pollution control equipment and action would be initiated suitably for the defaulting units: that the Board has issued notices to the paraboiled rice mills for not meeting the prescribed guidelines of the Board and that action is being initiated against the defaulting paraboiled rice mill units.
It is further stated in the status report that the green category of industries consist of raw rice mills, cotton ginning mills, tobacco grading units, dall mills, oil expellers and saw mills, and the pollution from these mills is comparatively negligible and the effect is limited to the immediate neighbours and that these units are exempted from obtaining regular consent of the Board and that the acknowledgment is issued by the District Industries Center on behalf of the Board with certain guidelines about the location of the proposed units away from human habitations. The Board received four complaints pertaining to pollution from the industries located in the area, and the directions issued by the Board to the industries causing pollution either to install or upgrade pollution control equipment, were complied with the industries. The Board is regularly monitoring the red and orange category of industries, and the other green category of industries against specific complaints.
Having regard to the status report submitted by the Board, there cannot be any doubt whatsoever that the Board shall monitor closely the activities of the industries to ensure that the pollution is not spread to the national highways. Since, it is stated that the tobacco redrying units cause pollution, the Board as well as the State shall take necessary steps/issue directions to the tobacco redrying units, directing them to arrest the pollution by installing pollution control equipment. If despite, issuance of notices/ directions, the tobacco redrying units do not take steps to provide/ install air pollution control equipment to the boiler stacks and continue to violate the directions, then the Board as well as the State shall take necessary steps in terms of the Air (Prevention & Control of Pollution) Amendment Act, 1987 as also the Environment (Protection) Act, 1986 and the Rules framed thereunder, for closure of the erring units or suspend the licences granted to them.
The application is thus disposed of.