SC notice to cpcb officials for wrong report on polluting unit

R C Kataria, C Bhaduri and M C Choudhury submitted a joint inspectionreport to the court certifying that Mahabir Coke Industry, situated in athickly populated area of Guwahati in Assam, has conformed to the stipulatedpollution standards but a later report suggested that the unit was, in fact,a polluting one.

A bench comprising Justices K T Thomas and D P Mohaptra said in a recentorder that "we are disturbed to note that the three signatories of the jointinspection report, who are seemingly experts in the field, had prima facieabdicated their duties while reporting to this court that the industry hasconformed to the stipulated standard."

It said "parliament has chosen to repose confidence in the authoritiesunder the pollution control board so that human beings, who are to surviveby breathing air while living in thickly habitated places located nearindustries, can have a reasonably healthy life."

The bench said, "When such authorities have themselves prima facie shownsuch dereliction of their duties, they must be made answerable for it" andasked them to showcause why the court should not pass necessary directionsin the matter.

The court while issuing the notice asked the respondents to reply to itwithin four weeks.

The court, doubting the joint inspection report which had said that unit 1and unit 2 of the company had conformed to the stipulated standard ofsuspended particulate matter (SPM) level of 350 grammes per cubic metre(gm/m3), had asked the CPCB to clarify the position.

In the later report, CPCB said, "As per the masterplan for Guwahati,Mahabir Coke is situated in a public area and therefore standards of ambientair quality for SPM 140 gm/m3 (annual average) and 200 gm/m3 (24 hours) willapply."

Taking note of the recent report, the court asked authorities to close downthe two polluting units immediately saying, "All authorities concernedshould ensure that this order of the court is complied with strictly."

The bench, however, said it was open for Mahabir Coke either to conform tothe required standards and inform the court or substantiate that thefacilities already installed were sufficient to keep up the requiredstandard.