Pollution board directed to notify judge,collector of polluting units

The move is aimed at expeditious dispensation of compensation to people affected by industrial pollution.

A Division Bench comprising Chief Justice K S Radhakrishnan and Justice Akil Kureshi pronounced the judgment while acting on a petition filed by one Solanki Jaswant,a farmer of Sabarkantha district.

The petitioner had demanded directions to authorities to check and curb the groundwater contamination in his village by industrial units,and to take steps against the same.

While passing the order on the petition,the Bench considered the issue of assessing the pollution caused by any industrial unit. It decided on the compensation to be paid to the affected parties and to expeditiously dispense the same to the parties at length. It also ordered an official mechanism to be set up for the same.

“We have come across several such cases where industrial and chemical factories simply get away after polluting the bore-wells and water courses on a massive scale,thereby causing serious health hazards and pollution. There is no system or mechanism to meet with such situations and to determine the extent of pollution caused and to determine the damage caused,” the Bench observed.

“In such a situation,the only course open to us is to direct GPCB to see that as soon as it finds an industrial unit causing serious environmental pollution,the matter may immediately be reported to the principal district judge and the district collector of the concerned district.” it added

“The district judge in consultation with the district collector will take immediate steps to depute a team comprising GPCB members,the district collector,secretaries of the Forest and Environment Department,Irrigation and Water Resources Department,Animal Husbandry Department,president of gram panchayat/mMunicipality or their representatives for inspection to assess the extent of pollution and harm caused to the environment,” the Bench further said.

The Committee will issue notice to the polluter,assess the compensation,and submit its report to the district judge,who will examine and decide on the damage caused to the environment and direct the polluting unit for the payment of a reasonable amount to the Environment Fund to be maintained by the state government.

HC slams GPCB for negligence in duty

The court came down heavily on GPCB for its negligence in performing its duties while refusing to endorse the view that people affected by pollution should spend money from their pocket for litigations in civil courts for getting compensation.

“If it (GPCB) discharges its official duties effectively and properly,such situation will not arise. Why should farmers be penalised for inaction on the part of GPCB officers?” the court added.