Calcutta High Court Directs Pollution Control Board To Conduct Surprise Inspection On Rice Mills Allegedly Discharging Toxic Effluents

The Calcutta High Court on Tuesday directed the West Bengal Pollution Control Board (“PCB”), to carry out surprise inspections on certain rice-mills in Arambagh allegedly discharging toxic effluents into a kuchha ‘drain’ along the side of a busy National Highway.

Upon noting that the PCB had previously ordered the closure of the aforesaid rice mills due to their illegal and polluting actions, a division bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya observed:

“As long as the order of PCB has not been revoked, altered or modified, the private respondent rice mills are not entitled to carry on their actions It is not clear as to why the PCB has not made any further inspection in the matter. Therefore, there will be a direction to the appropriate authority of the WB PCB to conduct an immediate surprise inspection of all the respondent rice mills. If it is found that despite the order of closure, or in non-compliance with any directions issued by PCB, the mills are operating, then immediate action must be taken against them.

If they are complying with direction by establishing effluent treatment plant among other conditions, then only will the PCB be entitled to permit them to carry on business. The surprise inspection shall be carried out not later than ten days from the communication of the server copy of this order.”

It was argued by the petitioner that the respondent-rice mills were previously discharging toxic effluents into a river, which had been taken cognizance of by the PCB, which ordered their closure, till they complied with the PCB’s directions for proper effluent treatment.

It was alleged that in order to side-step the order of the PCB, the respondents had utilised an uncovered kuchha ‘drain’ which was present adjacent to their rice mills and a National Highway, for the discharge of the toxic effluents.

The petitioners submitted that due to such an uncovered kuchha drain being present adjacent to a busy National Highway, it posed a road-safety risk for those who commuted on the said Highway, and the same had directly led to three casualties among commuters and locals.

Upon taking note of these submissions, the Court disposed of the petition by further ordering:

“The allegation is that a drain has been dug along the highway, and the toxic water was being led into the drain. It is submitted that the drain is a kuchha drain, which is a hazard and three people have died by falling into the drain. This shall be noted by the WB Highway Development Corporation and the safety of the public shall be ensured.”

Case: Tanushree Hazra Vs State of West Bengal And Ors.

Coram: Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya

Citation: 2023 LiveLaw (Cal) 194