…We are satisfied that the A.P.Pollution Control Board has not committed any illegality in granting CFE to the industry. However, the fact remains that setting up of this industry requires no public consultations, Environment Management Plant and Environment Impact Assessment studies are not envisaged. As such, the present ambient air quality, surface and ground water quantity have not been assessed and monitoring stations are also not been mandated. In the course of arguments and also in the written arguments the counsel for the Appellants expressed that the segregation of MSW, homogenisation and drying up in the open land, more particularly in the rainy season shall cause pollution of ground water by infiltration of contaminated storm water. For this the counsel for the 3rd respondent answered that the entire process will be undertaken in the covered shed. In our opinion the Appellants apprehensions shall be answered only when the entire operations are under covered area and contaminated storm water if any is diverted to treatment facility and prevented from escaping from the premises. We would like to emphasise that the A.P.Pollution Control Board should ensure that the MSW processing unit is completely covered, that all the conditions stipulated in the CFE order are strictly complied with by the industry and the ambient values are within the prescribed parameters, before granting consent for operation. The industry shall transport the MSW in closed vehicles only and ensure that there is no spillage of MSW during transportation. We would also like to add that if there is any laxity on the party of the industry in implementing the pollution control measures, if will be held liable for all the consequences including the damage if any caused to the surrounding agricultural lands and the environment as the “polluter-pays” principle is now firmly established as an integral part of the environmental law of the land.
