Dismissed

Ashok Anand, v. Union Territory of Puducherry

Madras HC11 Jun 2018WP/11694/2018

Case brief

AI extract

What is this about?

The High Court heard a writ petition challenging a proposal for the expansion of an industry and alleging water pollution. The court held the petition was premature as the proposal had not been finalised and a public hearing was fixed/dismissed on the ground that objections should be raised at that stage.

What did the court decide?

The writ petition was dismissed. No intervention with the proposed expansion is warranted at this stage.

Ashok Anand, Vs Union Territory of Puducherry — Environment and Pollution | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 11.06.2018

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CORAM :

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The Hon'ble Ms.INDIRA BANERJEE, CHIEF JUSTICE

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AND

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The Hon'ble Ms.JUSTICE P.T.ASHA

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W.P. No.11694 of 2018
and W.M.P.No.13665 of 2018
Ashok Anand ... Petitioner
-vs-
1.Union Territory of Puducherry,
Rep. by Chief Secretary to Govt.,
Secretariat, Puducherry 605 001.
2.The Secretary to Government,
Environment Department cum Chairman
Puducherry Pollution Control Committee,
Secretariat, Puducherry 605 001.
3.Puducherry Pollution Control Committee,
Rep. by Member Secretary, 3rd Floor,
Housing Board Building, Anna Nagar,
Puducherry 605 005.
4.R.Samitha
Member Secretary, Puducherry Pollution
Control Committee.
5.The Chief Inspector of Factories and
Boilers, Dept. of Labour, Gandhi Nagar,
Puducherry.
6.The District Collector,
Revenue Complex, Saram, Puducherry.
7.M/s.Strides Shasun Limited,
Rep. by Managing Director.
8.The Town and Country Planning Dept.,
Rep. by its Chief Town Planner,
Jawahar Nagar, Puducherry.

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https://hcservices.ecourts.gov.in/hcservices/

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9.Puducherry Planning Authority, Rep. by its Member Secretary, Jawahar Nagar, Puducherry. 10.The Govt. of Puducherry, Rep. by its Secretary, Housing Dept., Chief Secretariat, Gubert Avenue, Puducherry-1.

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11.The Govt. of Puducherry, Rep. by its Director, Agriculture Dept., Light House Street, Puducherry-1.

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12.The Central Ground Water Authority, Rep. by its Member Secretary, Gurgaon, New Delhi.

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13.The Puducherry Ground Water Authority, No.15, III Cross Street, Mariamman Nagar, Puducherry.

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14.Oulgrate Municipality, Rep. by its Commissioner, Jawahar Nagar, Puducherry.

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15.Ministry of Environment and Forests, Rep. by its Secretary, Union of India, Lodhi Road, New Delhi.

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16.The Director of Industries, Puducherry, Puducherry-1.

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17.The Central Pollution Control Board, Parivesh Bhawan, CBD-cum-Office Complex, East Arjun Nagar, Delhi 110 003.

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18.The Superintendent of Police, Puducherry. ... Respondents

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Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the 1 to 3 and 15th respondents to forthwith desist from pursuing the proposals of the 7th respondent for expansion including conducting of public hearing and to reject and said proposals as such and to restrict the 7th respondent to draw ground water only up to the permissible limits failing which to dislocate the industry beyond the 6kms from Puducherry coastal line and to initiate appropriate action against the Fourth respondent herein

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https://hcservices.ecourts.gov.in/hcservices/

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For Petitioner : Mr.M.Ravi For Respondents : Mr.A.Gandhiraj Govt. Pleader (Puducherry) for Mr.J.Kumaran, G.A. (P) for RR 1 to 3, 5, 6, 8 to 11, 13, 14, 16 & 18. : Mr.AR.L.Sundaresn, Sr. Counsel for Mr.S.Sai Sathyajith for R-7

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O R D E R (Made by Ms.Indira Banerjee, Chief Justice)

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This writ petition is directed against the proposal for expansion of M/s.Strides Shasun Limited, the respondent no.7.

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2.It is the case of the petitioner that the seventh respondent is situate within 6 kms from Puducherry Coast line. It is alleged by the petitioner that the 7th respondent is indiscriminately discharging industrial effluents contaminating drinking water and subsoil water in the nearby coastal villages.

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3.The Pollution Control Board is bound to take steps to ensure that drinking water and/or subsoil water is not contaminated by discharge of industrial effluents. If, as alleged by the petitioner, there is any pollution caused by discharge of industrial effluents, the Pollution Control Authorities shall take immediate steps to stop such discharge of industrial effluents. The Pollution Control Authorities shall ensure that there is no contamination of drinking water.

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4.However, so far as the proposal for expansion is concerned, on the face of the averments in the affidavit in support of the writ petition, a public hearing had been fixed on 08.05.2018. The proposal has not even been finalised. We are informed that the public hearing has been postponed. As such, this writ petition is premature. All objections might be canvassed at the time of public hearing. Valid objections, if any, would obviously be taken into consideration before a final decision is taken in this regard. In our view, intervention with the proposed expansion is not warranted at this stage.

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https://hcservices.ecourts.gov.in/hcservices/

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5.The writ petition is, accordingly, dismissed with the above observations. No costs. Consequently, W.M.P.No.13665 of 2018 is closed.

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Sd/Assistant Registrar(CO)

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//True Copy//

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Sub Assistant Registrar
sra
To
1.The Chief Secretary,
Union Territory of Puducherry,
Secretariat, Puducherry 605 001.
2.The Secretary to Government,
Environment Department cum Chairman
Puducherry Pollution Control Committee,
Secretariat, Puducherry 605 001.
3.The Member Secretary,
Puducherry Pollution Control Committee,
3rd Floor,Housing Board Building, Anna Nagar,
Puducherry 605 005.
4.The Chief Inspector of Factories and
Boilers, Dept. of Labour, Gandhi Nagar,
Puducherry.
5.The District Collector,
Revenue Complex, Saram, Puducherry.
6.The Chief Town Planner,
Town and Country Planning Dept.,
Jawahar Nagar, Puducherry.
7.The Member Secretary,
Puducherry Planning Authority,
Jawahar Nagar, Puducherry.
8.The Secretary to Govt. of Puducherry,
Housing Dept., Chief Secretariat,
Gubert Avenue, Puducherry-1.

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https://hcservices.ecourts.gov.in/hcservices/

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9.The Director to Govt. of Puducherry, Agriculture Dept., Light House Street, Puducherry-1.

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10.The Member Secretary, Central Ground Water Authority, Gurgaon, New Delhi. 11.The Puducherry Ground Water Authority, No.15, III Cross Street, Mariamman Nagar, Puducherry. 14.The Commissioner, Oulgrate Municipality, Jawahar Nagar, Puducherry. 15.The Secretary, Ministry of Environment and Forests, Union of India, Lodhi Road, New Delhi. 16.The Director of Industries, Puducherry, Puducherry-1. 17.The Central Pollution Control Board, Parivesh Bhawan, CBD-cum-Office Complex, East Arjun Nagar, Delhi 110 003. 18.The Superintendent of Police, Puducherry. +1cc to Mr.M.Ravi, Advocate Sr.36209 +1cc to Mr.Jai Sathya Jith, Advocate sr.36384 +1cc to the Government Pleader Sr.36482 W.P.No.11694 of 2018 sr[co] srg 20/06/2018

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Ashok Anand, v. Union Territory of Puducherry

Case brief

What is this about?

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Ashok Anand, v. Union Territory of Puducherry

Case brief

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What did the court decide?

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