11.1.15 Pollution By Coke Industry In Assam

Special Leave Petition (Civil)No.23158/1996 (Pollution Control Board Assam Vs. Mahabir Coke Industry and Others), the further progress during the period under report is as follows :

11.1.16 Pollution In Medak Districk, Andhra Pradesh

Writ Petition(Civil)No.1056/1990 (Indian Council for Enviro Legal Action & Others Vs. UOI & Others)

The further progress during the period under report as follows:

The follow up and progress in the action plan is being monitored by the Hon'ble Court. On 6.2.2001, the Hon'ble Court has directed the Central Pollution Control Board to submit their response as to what standard is being followed and what it proposes to follow. As per the Joint Action bPlan the standard of TDS before discharge is 3000 mg/l. In compliance of Hon'ble Court's Order, dated 6.2.2001, the Central Pollution Control Board has submitted its response vide affidavit, dated 5.3.2001 before the Hon'ble Court for their consideration.

11.1.17 In the matter of Arun Bhardwaj Vs. Union of India & Ors.(C.W.P.No.286/1996) and Aditya Kumar Chaudhary Vs. UOI & Ors. (C.W.P.No.3333/1996)

These PIL relates to the portable generator sets creating noise and emission problem in the NCT of Delhi. The emission standards were notified by the MoEF on October 5,1999. The test for the noise standard were carried out by the National Physical Laboratory(NPL) and Bureau of Indian Standard(BIS) and the report was submitted to MoEF for their consideration. The MoEF in consultation with CPCB and Ministry of Law and Justice has decided to adopt the same standards for generator sets having capacity of 2.5 KVA to 15 KVA and above regarding noise standards for generator sets of all capacity (petrol/kerosene) have been stated to be as follows :-

Date of ImplementationSep.01.2001Sep.01,2002
Sound power lavel (LWA)90 dBA86 dBA

The proposed notification had been sent to Govt. press for publication in third Gazette. The Hon'ble Court had further directed that it would be appropriate if the MoEF with consultation with the CPCB lays down norms, if any instance of Diesel generator sets below the capacity of 15 KVA is brought to its notice. With these observations the petition was disposed of on 26th Sept.2000.

11.1.18 In the matter of Sagun Kaushik Vs. Lt.Governor of Delhi & Others (CWP No.3364 of 1997)

This PIL was filed in the Hon'ble High Court of Delhi. The petition relates to the pollution caused by the crackers during the festivals like Diwali, Dusshera etc. The busting of crackers not only causes noise pollution but also air pollution besides heap of garbage is also accumulated in that day. Although authorities have been taking measures for controlling the pollution as directed by the Hon'ble High Court from time to time. Various meetings had also been conducted to get the relief. The standards for the fire crackers had been notified No.GSR 682(E), dated Oct.5, 1999. That the Hon'ble High Court of Delhi directed that: -

With the issue of these directions the Writ Petition had been disposed of on August 31,2000.

11.1.19 Enkay Plastic (P) Ltd. & Others Vs. Union of India & Others (C.W.P.No.3238/2000)

These batch of 14 Writ Petition filed before the Hon'ble High Court of Delhi under article 226 of the constitution of India, raising common question- relating to the 'H' Category units as per Master Plan-2001. The DPCC had issued closer directions under section 31 A of the Air Act to all the Unit manufacturing urea formalde hyde in Union Territory of Delhi. Aggrieved by the order of close the units approached the High Court of Delhi and same also obtained stay order. However when the matter came up for hearing, the CPCB had to play a big role since it was CPCB swho had category these units as 'H' . The CPCB had to file various reports, affidavits and orders of Hon'ble Supreme Court of India, and had proved before the Hon'ble High Court of Delhi, that these units falls under 'H' category and have to shift out of Delhi. The Hon'ble High Court dismissed the petition - stating that they are without any merit and each unit will have to pay Rs.5000/- as cost, to be share equally by CPCB and DPCC.

11.1.20 In the matter of Acti-Recti & Anothers Vs. UOI & Others(CWP No.3105/1999)

This Petition relates to the vehicles plying on Delhi roads which do not have their pollution under control. Among all such polluters the trucks using Delhi roads (especially in nights) and the DTC and blue line buses are major culprits. Among these DTC is the single largest identifiable polluter. Most of the DTC buses are old and even the newer ones run under DTC are so ruthlessly and negligently driven that the engine exhaust is extremely black and concentrated with solid particulate pollutants leave aside invisible gaseous pollutants. The buses and trucks are driven unmindful about the health of other road users whose lungs and eyes they fill with dirty and harmful smoke. The running of these buses in violation of provisions of Environment(Protection)Act,1986, and, Air (Prevention and Control of Pollution)Act,1981.

The matter was heard by the Hon'ble High Court of Delhi and after considering all the steps, the Hon'ble Court on 1st March,2001 disposed of the petition with a view that the pendancy of CP(W) No.13029 of 1985(M.C.Mehta Vs. UOI & Ors) in the Supreme Court involving the issues similarly to those raised in the petition, we do not considered it appropriate that those colour proceedings should be allowed to be continued in this Court. Let the petitioner is approach the Supreme Court if so advised