• PAGE ONE
• INDEX
• HOME

Karnataka PCB directed to decide KSCMFL case

Sanjay Bhatia

BANGALORE, March 7

THE Karnataka High Court has ordered the issue of emergent notice to the Karnataka State Pollution Control Board (KSPCB) and others including Karnataka State Co-operative Marketing Federation Ltd (KSCMFL) upon a writ petition filed seeking a direction t o the KSPCB to immediately adjudicate the proceedings pending before it with respect to the environmental law violations committed by KSCMFL.

In the above writ petition, filed by Auma (India) Ltd, the petitioner has claimed that it is engaged in the manufacture of electrical actuators and gear boxes and has invested over Rs. 3.5 crores in installing the modern machinery at its factory in Peen ya, where it employs over 210 people.

The petitioner has alleged that, since 1994, the Pesticide Formulation Unit of KSCMFL, which is located next to the petitioner's factory, has been emitting foul smell in the process of the manufacture of pesticides, including the DDT.

The petitioner has claimed that the emission of foul smell and dust particles has continued in spite of complaints made to the KSCMFL and the pollution control board, which has caused serious health problems to the petitioner's staff.

It has further been alleged that when the pollution became unbearable in 1999, the petitioner's company was forced to file a complaint against KSCMFL with the pollution control board, alleging violations of the Air Act on the part of KSCMFL.

Although a show-cause notice was issued to KSCMFL, it has continued to pollute the surrounding air resulting in injury, discomfort and inconvenience to the petitioner's employees.

Aggrieved by the failure/go-slow attitude of the pollution control board in adjudicating the dispute, the petitioner has filed the above petition contending, among other grounds, that the failure of the pollution control board in adjudicating the disput e has resulted in the violation of the right to life of the petitioner's employees, which is guaranteed by Article 21 of the Constitution.

The petitioner has prayed for the immediate adjudication of the dispute and also for a direction against KSCMFL to either close its Pesticide Formulation Unit at Peenya or to conform with the emission standards laid down by the Air Act.

After hearing the preliminary arguments, the court directed the issue of emergent notice to the respondents.