Gujarat High Court
Lord'S vs Chairman on 2 July, 2010
Bench: S.J.Mukhopadhaya, Akil Kureshi
SCA/7652/2009 10/ 12 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 7652 of 2009 ================================================= LORD'S SEASIDE COOPERATIVE HOUSING SERVICE SOCIETY LTD & 9 - Petitioner(s) Versus CHAIRMAN / MEMBER SECRETARY & 8 - Respondent(s) ================================================= Appearance : MR PC KAVINA, SR. ADVOCATE with MR TS NANAVATI for Petitioner(s) : 1 3. MR BHUSHAN B OZA for Petitioner(s) : 4 - 10. RULE SERVED BY DS for Respondent(s) : 1 - 7. MR TUSHAR MEHTA, SR. ADVOCATE with MR SUNIL L MEHTA for Respondent(s) : 1 - 2. M/S TRIVEDI & GUPTA for Respondent(s) : 3 - 4. GOVERNMENT PLEADER for Respondent(s) : 5, MR MP SHAH for Respondent(s) : 6 - 7. MS. KRUTI M SHAH for Respondent(s) : 6 - 7. MR SP MAJMUDAR for Respondent(s) : 8, MR PP MAJMUDAR for Respondent(s) : 8, MR ANIP A GANDHI for Respondent(s) : 9, ================================================= CORAM : HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA and HONOURABLE MR.JUSTICE AKIL KURESHI Date : 02/07/2010 ORAL ORDER
(Per : HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA) The report dated 1.7.2010 submitted by the SVNIT has been enclosed with the paper book (Phase III, Part - I) covering 36 industries. In the said report, while recommendation for extension of closure has been made, partial closure order has been recommended for 4 industries, trial run of 3 months at 50% of approved capacity for another 4 industries and trial run of 3 months/6 months has been recommended for other 25 industries, the details of which are as follows :-
A. EXTENSION OF CLOSURE :
S.No. Name of Industry Brief Reasons 1 M/s Bella Beauty Cosmetics Pvt. Ltd.
Failed to submit compliance report. Not having valid consent/NOC 2 M/s Jyoti Chemicals
(i)
(ii)
(iii) Approval of GPCB for amalgamation with Alchmie Industries is awaited.
Compliance to recommendations is pending.
Adequacy of combined ETP to be used for Two units is to be verified for combined effluent load.
3M/s Hardcastle & Waud Manufacturing Co. Ltd.
(i) Applied for revised consent of GPCB, which is still awaited.
The company has not yet installed EMS for the production of synthetic resins, varnishes and thinners as stipulated in their consent order.
B. PARTIAL CLOSURE :
S.No. Name of Industry Brief Reasons 1 M/s Perfact Enviro Control System Ltd.
Incineration system could not be modified/upgraded as per GPCB guidelines and certification to this effect from competent authority is required to be obtained. The company may need about 3 months time for suitable upgradation of incineration system.2
M/s Sunways Laboratories Compliance report awaited.3
M/s Shree Sai Krupa Enterprise Compliance report awaited.4
M/s Pharma Cell Compliance report awaited.
C. TRIAL RUN OF 3 MONTHS AT 50% OF APPROVED CAPACITY :-
Sr. No Name of Industry Brief Reason
1.
M/s Boon Metal and Alloys Corporation The company has installed a multicyclone separator to thermite reactor and has given notarized undertaking for installation of bag filter within 90 days time. The unit may be allowed for 100 % production after installation of bag filter as per the undertaking.
2. M/s Shubh Synthetic Compliance reports awaited
3. M/s Sabero Organics Gujarat Ltd upgradation of their incineration system as per CPCB guidelines and obtain certification from competent authority. Similarly, TOC meter in the final outlet in ETP is still be installed.
4. M/s Konark Synthetic Ltd Compliance reports awaited D. TRIAL RUN OF 3 MONTHS / 6 MONTHS Sr. No Name of Industry Period of Trial Run Brief Reason M/s Mac Industry 6 Months Satisfactory Compliance The report in this regard has alrealy been submitted to the Hon ble Gujarat High Court on 14/06/2010.
M/s.
Rashtriya Metal Industries Ltd.
6Months Satisfactory Compliance M/s.
Ashirwad Tube Industries 3 Months Satisfactory Compliance NOC and consent to be obtained from GPCB M/s.
Kumkum Industries 6 Months Satisfactory Compliance M/s Ronak Metal Industries 6 Months Satisfactory Compliance NOC and consent to be obtained from GPCB M/s Ramco Industries 6 Months Satisfactory Compliance M/s SDA Products 3 Months Satisfactory Compliance subject to condition that revised consent for change of process and raw material is obtained from GPCB M/s Udit Chemicals 6 Months Satisfactory Compliance M/s Laxmi Industries 6 Months Satisfactory Compliance M/s Umiya Industries 6 Months Satisfactory Compliance M/s Konark Natural and Photo Chemical 3 Months Satisfactory Compliance consent from GPCB and disconnection certificate from GIDC to be obtained M/s.
Alicon Pharmaceuticals Pvt. Ltd.
3Months Satisfactory Compliance consent from GPCB to be obtained M/s Arihant Rubber Industries 3 months Satisfactory Compliance Balance work to be carried out during trial run period and consent from GPCB to be obtained M/s Shree Raghvendra Metal Industries 3 Months Satisfactory Compliance consent from GPCB and disconnection certificate from GIDC to be obtained.
M/s Concare Technologies 3 Months Satisfactory Compliance consent from GPCB and disconnection certificate from GIDC to be obtained M/s HOC Chem 3 Months Satisfactory Compliance consent from GPCB and disconnection certificate from GIDC to be obtained.
M/s Pushpak Pharma 3 months Partial Compliance Needs two weeks time for satisfactory compliance M/s Prakash Chemical & Fertilizers 3 months Partial Compliance Needs two-three weeks time for satisfactory compliance M/s.
Harshil Industries 3 months Partial Compliance Needs two-three weeks time for satisfactory compliance M/s.
Shreeji Industries 3 months Partial Compliance Needs four weeks time for satisfactory compliance M/s.
Pooja Phospho Chem 3 months Partial Compliance Needs four weeks time for satisfactory compliance M/s.
J.B.Chem Industries 3 months Partial Compliance Needs four weeks time for satisfactory compliance M/s.
Krystal Pharma Pvt. Ltd 3 months Partial Compliance Needs four weeks time for satisfactory compliance M/s.
Neral Paper Mills Pvt ltd 3 months Partial Compliance The unit has given a notarized undertaking that they will not be using coal as a fuel in their boiler till they install a suitable bag filter within three months.
M/s Jas Chemical Industries 6 Months Satisfactory Compliance
2. Another report dated 1.7.2010 is enclosed with the paper book (Phase III, Part II) relating to 68 other units wherein while recommendation has been made for closure of units, partial closure has been recommended for 4 other units and trial run of 3 months at 40% of approved capacity for another 4 units, another 50 units have been recommended to go for trial run of 3 months/6 months as detailed hereunder :-
CLOSURE :
Sr. No Name of Industry Brief Reason
1.
M/s.
VIMAL ROLLING MILL Acid proof tile lining in acid tank storage area, dyke wall collection pit, flow meter etc to be provided.
2. M/s.
VIRAJ ENGINEERING Acid proof tile lining in acid tank storage area, dyke wall collection pit, flow meter etc to be provided.
3. M/s.
VEER METAL INDUSTRIES LIMITED Acid proof tile lining in acid tank storage area, dyke wall collection pit, flow meter etc to be provided.
4. M/s.
FILTRA EXIM PVT. LTD Provide ETP of required size and capacity as mentioned in NOC document
5. M/S KHUSHI CHEMICALS Operating plant without NOC and consent
6. M/s JALARAM INDUSTRIES Construction work of industry and installation of plant, ETP etc is under progress
7. M/s BHAGYODAYA INDUSTRIES Mastic lining and dyke wall, collection pit, fixed pipe line system, proper record of spent acid, storage tank with acid proof tile lining is required
8. M/s AMARDEEP DYE CHEM Full fledge ETP is required to achieve GPCB norms, adequate capacity of storage tank is required to replace carboys/ drumps for storage of liquid, revised consent form GPCB is required
9. M/s NIKI REDI CARE PHARMA PVT LTD ETP is required to be upgraded and adequacy certificate in regard from schedule I Environmental auditor is required
10. M/s DIAMOND AGRO PRODUCT Self closure : Closure be continued till EMS is installed and certificated by schedule I Environmental Auditor and proper consent from GPCB is obtained PARTIAL CLOSURE Sr. No Name of Industry Brief Reason
1. M/s.
HENA CHEM Upgradation of ETP is needed records of generation and disposal of solid waste
2. M/s GANESH CHEMICAL INDUSTRIES Manufacturing of pesticide formulation and metallic sulfates is to be closed down till installation of proper EMS
3. M/s BHILAD CHEMICAL PVT LTD Consent of GPCB is to be obtained properly designed bag filter is needed
4. M/s ORACLE PHARMA Proper ETP is required TRIAL RUN OF 3 MONTHS AT 50 % OF APPROVED CAPACITY Sr. No Name of Industry Brief Reason
1. M/s.
AARTI DRUGS LIMITED Incineration system is to be upgraded and to be certified as per CPCB guidelines
2. M/s GOOD EARTH AGROCHEM Proper Scrubber system to reactors is required provide shed over solid waste storage area acid proof tile lining etc.
3. M/s.
OM TITANATES Proper ETP for treatment of scrubber effluent and other effluent as per EC/NOC condition is required
4. M/s VALIANT ORGANIC PRIVATE LIMITED Incineration system is to be upgraded and certified as per CPCB guide lines TRIAL RUN OF 3 MONTHS / 6 MONTHS Sr. No Name of Industry Period of Trial Run M/s PARAMOUNT ADHESIVE TAPES PVT LTD 3 Months M/s LAMI FAB INDUSTRIES 6 months M/s SHIVAM TEXTILES AND PROOFING INDUSTRIES 6 months M/s SHV ENERGY PVT LTD 6 Months M/s.
K. R. INDUSTRIES 3 Months M/s.
SHREE DAMODAR YARN MFG. PVT. LTD 3 months M/s.
ZAIN TUBE INDUSTRIES 6 months M/s J.R.FIBERGALSS INDUSTRIES PVT LTD 6 months M/s PRABHAT ELASTOMERS PVT LTD 6 months M/s.
SHIVAM EXTRUSION PVT. LTD 3 months M/s.
NEW CHEMI INDUSTRIES LIMITED 6 months M/s.
AARTI INDUSTRIES LIMITED (AMINE DIVISION), 3 months M/s.
KRISH CHEMICALS PVT LTD 3 months M/s.
RELIANCE RUBBER INDUSTRIES 3 months M/s.
INDUSTRIAL CHEMICALS & PAINTS 3 months M/s.
KAPOTEX INDUSTRIES PVT. LTD 6 months M/s CALIRON CHEMICALS PVT LTD 6 months CLEAR PLASTICS LIMITED (UNIT SARIGAM) 6 months CLEAR PLASTICS LIMITED (UNIT PPMF) 6 months M/s.
GETCO FORGING PVT LTD 6 months M/s.
HINDUSTAN CHEMICAL CORPORATION 3 months M/s KOMAL CHEMICALS 6 months M/s LUCKY CHEMICAL INDUSTRIES 6 months M/s.
PARIRANG INDUSTRIES 3 months M/s.
RIKO FORGE PVT LTD 6 months M/s.
SARIGAM CONTAINERS PVT LIMITED 3 months M/s.
SHIV INTERNATIONAL LTD 6 months M/s SHREE VARDHAN INDUSTRIES 3 months M/s VELLOILS LUBRICANT & PETROCHEM 6 months M/s.
ASCON PAINTS PVT. LTD 3 months M/s.
LYKA INDUSTRIES 6 months M/s.
COTSWOLD PRODUCTS INDIA PVT. LTD., 6 months M/s SANDHYA INDUSTRIAL1 CHEMICALS 3 months M/s.
SRANIK INDUSTRIES 6 months M/s.
POLYFIL RUBBER PRODUCTS 6 months M/s UNIQUE ENTERPRISES 3 months M/s MAAZ ALLOYS PVT LTD 3 months M/s ARKIL CHEMICALS 3 months M/s AAVRAN PACKAGING PVT LTD 6 months M/s PHARMA CHEMICAL INDUSTRIES 3 months M/s SHREE GHANSHYAM INDUSTRIES 3 months M/s KRISHNA KRISHNA FURNISHING PVT LTD.
6months M/s MICRO INDUSTRIAL 3 months M/s COSMOS TWISTERS PVT LTD 3 months M/s TIRUPATI CHEMICALS 3 months M/s JAI CORP LTD 6 months M/s.
VAL ORGANICS PVT LIMITED 3 months M/s LAB CARE DIAGNOSTICS (INDIA) PVT LTD 3 months M/s PRAVINA PHARMA CHEM INDUSTRIES 3 months M/s.
SHREEJI PAPERPACK INDUSTRIES 6 months
3. Taking into consideration the aforesaid reports, we direct the Gujarat State Pollution Control Board to take steps for closure and partial closure of the units, as recommended by the SVNIT and to ensure that trial run of 3 months at 50% of approved capacity and trial run of 3 months/6 months is made by the industries as recommended by SVNIT. Immediate order be issued to such industries as per the recommendations of SVNIT. On failure, one or other industries may be closed, apart from those which have been ordered to be closed or ordered for partial closure.
4. The learned counsel appearing on behalf of the Gujarat State Pollution Control Board brought to the notice of the Court that the following industrial units have not yet paid the fees to SVNIT, Sarigram so as to make inspection of their respective units :-
PCB-ID Sr. No Industry Name & Address PLOT NO/ ADDRESS Type of Industry 23044 1 Vinayak Industries GIDC, SARIGAM Chemical & Products 12778 2 Systematic Steel Industries Ltd.
GIDC, SARIGAM Metal Treatment 14439 3 Allwyn Alloys Pvt. Ltd.
GIDC, SARIGAM Foundry 32977 4 A1 Alloys Pvt. Ltd.
GIDC, SARIGAM Lead Processing 23261 5 Century Smelters P. Ltd.
GIDC SARIGAM Miscellaneous 27350 6 Cytech Coatings Private Limited C-1/3221 AND 3223/1, synthetic resin 27443 7 Empire Lead Refineries Private Limited P NO:1674,GIDC, SARIGAM Lead Processing 26776 8 Ferrox Chemical Pvt. Ltd.
1665,GIDC,SARIGAM Chemical & Products 31595 9 Fine Industries GIDC SARIGAM Chemical & Products 23499 10 GHCL Ltd 4712, GIDC SARIGAM Textile 25451 11 Golden Chemical Pvt. Ltd.
GIDC SARIGAM , Chemical & Products 23848 12 Gujwool Glass Fibre Composites 1026,Road NO:10,GIDC, Sarigam glass & fibre glass 23565 13 Hem Crysotiles Pvt. Ltd.
PLOT NO.A-1/311, GIDC SARIGAM Asbestose base 23745 14 Karam Petroleum Products Pvt Ltd.
GIDC SARIGAM Recovery plant 23752 15 Kaycee Industries.
GIDC SARIGAM Miscellaneous 13416 16 Kunal Conchem Pvt. Limited.
CHEMICAL ZONE,GIDC, SARIGAM Chemical & Products 23828 17 Lion Smelters Pvt.Ltd GIDC SARIGAM Chemical & Products 34805 18 Lucky Chemicals GIDC SARIGAM Chemical & Products 23902 19 Mehta Petro Refineries Ltd.
GIDC SARIGAM Chemical & Products 27294 20 Nano Inks And Coating Pvt.Ltd GIDC, SARIGAM Inks & Reducers by Blanding 23982 21 Natraj Industries PLOT NO.1215 Feric and Non ferric 13838 22 New Tech Polychem Pvt. Ltd.
GIDC, SARIGAM Chemical & Products 24095 23 Parth Speciality Chemicals GIDC, SARIGAM Chemical & Products 27893 24 Platina Oil Field Pvt. Ltd.
GIDC, SARIGAM Miscellaneous 21787 25 Polysol Industries.
106, GIDC, SARIGAM Chemical & Products 24434 26 Prestige Process GIDC, SARIGAM Miscellaneous 24192 27 RD Metal Company A-2/2303.
Acid Pickling 24207 28 Raj Borax Ltd.
C-1-2404/2, 2406 Fertilizer plant 24239 29 Ravi Metals PLOT No. 1505, 1506 Miscellaneous 23358 30 Rishika Packaging GIDC, SARIGAM Thermocol sheet 12880 31 Sarigam Oxytrade Pvt. Ltd.
GIDC, SARIGAM Industrial gases 24748 32 Shakti Sulphate GIDC, SARIGAM Chemical & Products 31961 33 Sheth Metal P Ltd.
GIDC, SARIGAM Patta Patti pickling 27376 34 Shree Trikur Industries 1009, GIDC, SARIGAM Synthetic & Detergent 24485 35 Shri Mahavir Metal Rolling Mill GIDC, SARIGAM Metal Treatment 23714 36 Somatic Pharma Salts CHEMICAL ZONE, GIDC, SARIGAM Chemical & Products 24525 37 Sona Phosphates Ltd.
GIDC, SARIGAM Chemical & Products 34949 38 Sudarshan Silicate Pvt. Ltd.
GIDC, SARIGAM Chemical & Products 18518 39 Sujas Leathercloth Mfg. Co. Pvt. Ltd.
C-1-B 711, 713, GIDC Miscellaneous 34929 40 Sweet Om GIDC, SARIGAM Chemical & Products 12741 41 Unichem Industries GIDC, SARIGAM Chemical & Products 24725 42 Uttam Steel PLASTIC ZONE, GIDC, SARIGAM Miscellaneous 24728 43 Uttam Alloys GIDC, SARIGAM Corrugated box 24729 44 Uttam Industries GIDC, SARIGAM Corrugated box 24730 45 Uttam Steel GIDC, SARIGAM Pickling & galvanizing 24744 46 Valsad Polymers Pvt. Ltd.
GIDC, SARIGAM Miscellaneous 26794 47 Vedanta Alloys Pvt. Ltd.
GIDC, SARIGAM Foundry 23044 48 Vinayak Industries GIDC, SARIGAM Chemical & Products 22979 49 Artee Graphite (P) Ltd.
GIDC, SARIGAM Miscellaneous 23426 50 Excel Adhesive Tapes P. Ltd. (old name Prince Adhesive Tapes P. Ltd.
GIDC, SARIGAM Miscellaneous 23454 51 G.M. Traders GIDC, SARIGAM Miscellaneous 23460 52 Galaxy Pharma GIDC, SARIGAM Pharma 23578 53 Hertex Silk MIlls (new Name Harnam Syntex P Ltd.) GIDC, SARIGAM Textile 23932 54 Mittal Industries GIDC, SARIGAM Pulverising 23934 55 Modifoam Latex GIDC, SARIGAM Petroleum Product 23953 56 N.N. Chemicals GIDC, SARIGAM Miscellaneous 23980 57 National Organics GIDC, SARIGAM Miscellaneous 23997 58 New Generic Drug House Ltd.
GIDC, SARIGAM Pharma 24053 59 P.R.K. Industries GIDC, SARIGAM Miscellaneous 24128 60 Plastic & Precision Machine Fabric GIDC, SARIGAM Miscellaneous 24853 61 S.P. Drug Company GIDC, SARIGAM Pharma 24399 62 Shivam Industries GIDC, SARIGAM Chemical & Products 24460 63 Shree Sidhi Industries GIDC, SARIGAM Miscellaneous 24544 64 Star Rubber Products GIDC, SARIGAM Miscellaneous 24562 65 Sulfavet (India) Pvt. Ltd.
GIDC, SARIGAM Miscellaneous 24600 66 Keaum Organics Pvt. Ltd.
GIDC, SARIGAM Miscellaneous 26363 67 Macro Impex GIDC, SARIGAM Dyes & Intermediates 25674 68 Narayan Refineries Pvt. Ltd.
GIDC, SARIGAM Lubricants & Petroleum base product 19265 69 Arcelor Chemicals Pvt. Ltd.
Road No. 10 Chemical & Products 23958 70 Nakoda Metal Industries Pvt. Ltd.
GIDC Estate Miscellaneous 25394 71 Venus Pharma Chem Opp.
S.P. Drugs Co., GIDC, Sarigam Pharma
5. The learned counsel appearing on behalf of the Sarigram Industries Association submits that as most of the units are small scale industries, they could not manage to pay the amount within time, but they will make the payment within two weeks.
6. In the facts and circumstances, while we allow time till 27th July, 2010 for the aforesaid industries to pay their respective fees to get their units inspected, on failure, the Gujarat Pollution Control Board is directed to take steps for closure of the aforesaid units in terms with earlier order of this Court dated 10.5.2010. The Pollution Control Board is allowed to file status report by the next date.
Post the matter on 30th August, 2010.
[S.J. MUKHOPADHAYA, CJ.] [AKIL KURESHI, J.] sundar/-