: (Per R.A. Mehta, J.) The Gujarat Pollution Control Board (hereinafter referred to as "GPCB" for brevity) has produced a tabular statement of 9th July 1996 pertaining to the outlet of common secondary effluent treatment plant of Nandesari Industrial Association ("NIA" for brevity). Ms.Mahrook Keravala, learned counsel for respondent has produced analysis report from NIA. There is a wide variance between these reports. The reports of Central Pollution Control Board (hereinafter referred to as "CPCB" for brevity) have not been received. The tabular statement of analysis results of Effluent Channel Project ("ECP" for brevity) laboratory of GIDC has also shown that there is wide variance between ECP laboratory report and GPCB laboratory.
2.The CPCB is directed to produce sample analysis reports along with summary in a tabular statement by 7th August 1996. Whatever analysis reports are available should be produced before the Court on the said day.
3.Ms.Keravala, learned counsel for respondent no.6 states that they are in the process of improving and upgrading their effluent treatment plant and for this purpose they are lacking in financial resources. Their requirement for this purpose is only Rs.25,00,000/(Rupees twenty five lakhs only). Now it has the membership of more than 200 industrial units having primary treatment plant and discharging industrial effluent.
4.It is to be borne in mind that the liability to treat the effluent and meet the parameters lie on each industrial unit. The liability is to have complete treatment facility and to discharge the effluent which meets with all the parameters and each unit has to discharge its liability; and for this purpose each unit will be required to have its own secondary treatment plant which is bound to cost huge amounts. By having a common secondary treatment plant these industrial units are saving huge amounts and they must have at least such common secondary treatment plant which meets with the parameters and for that they must incur all the expenditure and they have to bear the consequences that on failure to meet with the parameters the secondary treatment plant of 200 and more units will have to be closed which would necessarily entail closure of all the units, numbering more than 200, sending their effluents to the CETP. It is, therefore, of utmost importance that the secondary treatment plant is required to be efficacious and efficient and is properly improved and upgraded and for that the industrial units have to raise necessary finance and each industrial unit must contribute to the Association. If the Association and the members are unable to muster necessary means, resources and will to achieve the parameters there will be no point in granting further extension and on the ground of failing to meet with the parameters and discharging pollutants, the CETP as well as the industrial units may have to be closed. The Association and the member units are required to take a serious warning and the Association is directed to report to this Court latest by 7th August 1996 as to progress made in achieving the parameters by its members and give particulars of the members who have contributed and also of the members who have not contributed to the necessary extent.
5.In view of the above, it is directed that at least once a week a composite sample be collected spread over a period of about 8 hours at CETP outlet point and such homogeneous sample shall be divided into five parts and each one shall be given for analysis to GPCB, CPCB, ECP, Nandesari Industrial Association and also to Modi Committee for getting it analysed in the laboratory of the Chemistry Department, M.S. University. The sample analysis charges shall be borne by the NIA.
6.Each industrial unit/member of CETP has to meet the CETP inlet norms and if it fails to meet the CETP inlet norms it has to stop discharge of effluent and close the unit and the NIA is also bound to direct stoppage of effluent and closure of the concerned industrial unit.
7.It would be proper and necessary to monitor this aspect also and the NIA and the GPCB to look after this part. It is, therefore, directed that the GPCB may take random samples at the outlet point of the individual units and/or the cluster of units and get those samples analysed and wherever the parameters are not met, to bring the same to the notice of the Court as well as the NIA so that appropriate further orders can be passed. The NIA is also directed to take samples at clusters from which effluents flow into the CETP and to immediately inform the GPCB as to at which cluster(s) the CETP inlet norms are not met so that the units attached to that cluster can be monitored by the GPCB more closely.
8.Even preliminary reports of analysis, if they are adverse should be reported by NIA to GPCB and by GPCB to NIA to the Court immediately without waiting for the analysis report of all the parameters which may take considerable time for analysis and results. The NIA will give a list of its members cluster-wise to the Regional Officer, GPCB at Vadodara by 2nd August 1996. The extension which was earlier granted is extended till 9th August 1996. The question of giving extension will also be considered unitwise on the basis how the unit is treating its effluent in primary treatment and what it has contributed to the common effluent secondary treatment plant and what amount it has contributed so as to see that the secondary treatment plant is properly upgraded.
Adjourned to 7th August 1996.
(R.A. Mehta, J.) 31st July 1996(M.S. Shah, J.)