Passing a series of directions on contempt petitions, the First Bench comprising Chief Justice M.Y.Eqbal and Justice T.S.Sivagnanam, in its interim order, said such CETPs/Integrated Effluent Treatment Plants (IETPs)/Units should not be permitted to operate unless they achieved zero liquid discharge (ZLD) as per the court directions in 2006.
All CETPs, IETPs and units should be individually inspected by an officers' team nominated by the TNPCB along with the members of the monitoring committee and a detailed report should be prepared individually for each treatment plant and unit.
The report should be the sole basis to assess whether the CETPs/IETPs/units should be permitted to commence operations.
“If the CETPs/IETPs/units are deficient or have not achieved the required parameters, they shall not operate and be directed to rectify the deficiencies and report to the Pollution Control Board for fresh inspection by the team of officers of the board and the monitoring committee.”
The Noyyal River Ayacutdars Protection Association, represented by its president, A.P.Kandasamy, filed the petitions against PWD and TNPCB authorities alleging wilful disobedience of the court orders and directions. Its grievance was against bleaching and dyeing units of the Tirupur area as due to their indiscriminate discharge of trade effluents into the Noyyal, the river was polluted. The association complained that nothing had been done after the Supreme Court upheld a Division Bench's decision. The pollution had increased.
The TNPCB submitted it had formed five inspection teams consisting of three members each and 10 teams comprising two members each to carry out the court directions of April last year. On inspection, the board found there were violations. Hence, show cause notices were issued to 300 units. Despite such notices, 286 units continued to violate the directions. Hence, closure orders were issued against them.
The Bench observed, “If as stated by the board there had been periodic monitoring and constant vigilance, the violations committed by these units would have come to light much earlier. Thus, prima facie, we are of the view that there has been dormancy/lethargy on the part of officials in implementing the directions of the High Court even after the disposal of the appeal by the Supreme Court in October 2009.”
If the board had issued consent to operate the CETPs, merely on the establishment of the machinery for achieving ZLD, it amounted to violation of the court orders.
The TNPCB should initiate criminal prosecution against such CETPs/Integrated Effluent Treatment Plants (IETPs) and units which had flouted the court orders and the board's conditions, continued to cause pollution and failed to rectify the defects despite the board's show cause notice.
Going a step further, the Bench said the board should furnish the list of names of the board officers during the relevant time when the treatment plants and units failed to comply with the court orders and the board's directions so that appropriate action may be taken against them.
It was a matter of great concern that in spite of the court's specific direction, the units continued discharging effluents and did not achieve zero liquid discharge. At the same time, the Pollution Control Board failed to close the units. Only after the matter was taken up by the High Court, did the board close some units.
“Report shocking”
The river water samples collected in October last year were sent to the National Environmental Engineering Research Institute (NEERI) for analysis. The institute's report was alarming and shocking. In one sample, the total dissolved solids (TDS) was 5,660.
The acceptable standard for drinking water was 500. This was a prima facie indication that pollution in the river had not stopped. The matter has been posted for March 21.
