'Lakhs Of Fishes Have Died' : Chhattisgarh HC Takes Suo Moto Cognizance Of Alcohol Factories Polluting River In State

On Monday, the Chhattisgarh High Court took suo moto cognizance of severe pollution caused by alcohol factories in the Mohbhatta-Dhooma region of District Mungeli in the state. The pollution resulted in mass fish deaths in the river and community distress.

A bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal took suo moto note of the alcohol factories polluting river in the region on a disturbing report published in the Bilaspur Bhaskar (on July 20, 2024), highlighting the environmental devastation wrought by Factories of M/s. Bhatia Wine Merchants Pvt. Ltd.  operating in the region.

"The aforesaid news report portrays a very alarming and terrifying situation as lacs of ishes have died because of the eluents being released in the culvert adjacent to the factory which further merges with Shivnath river making the river polluted," the Court observed.

It may be noted that the newspaper report on which the Court took suo moto cognizance states that the pollutants being emitted/discharged from M/s. Bhatia Wine Merchants Pvt. Ltd. are threatening the environment and surroundings.

It goes on to add that the industrial activities of M/s. Bhatia Wines are affecting the entire population of about 20,000 people, and due to the poisonous effluents, paddy of more than 350 acres has been affected.

The report also states that the foul smell from those effluents has made the lives of the people of the surroundings miserable, causing difficulty breathing, itching, and burning sensations in the eyes, especially in children and elderly people. The police also took samples of water from the spot.

Appearing for the state government, the Advocate General submitted that on April 27, 2024, the Sub Divisional Magistrate of Pathariya had directed the Regional Manager of the Environment Conservation Board in Bilaspur to investigate the death of fish due to the release of untreated water with hazardous chemicals from a factory. This inquiry was to be reported by May 2, 2024.

The AG also stated that a show cause notice was issued to M/s. Bhatia Wine Merchants Pvt. Ltd. regarding the chemical discharge into the river, requesting an explanation by the same date. Further, a reminder was also sent to the Regional Manager on July 12, 2024, requesting the inspection report by July 23, 2024, but no report has been received. Another memo was sent to M/s. Bhatia Wine Merchants Pvt. Ltd. on the same day, asking for a response by July 23, 2024.

Advocate Amrito Das, appearing for the Environment Conservation Board, requested more time to verify the actions taken in the matter. Before the Court, he produced a letter dated July 20, 2024, directing M/s. Bhatia Wine Merchants Pvt. Ltd. will cease operations until water analysis and committee reports are obtained, warning of potential environmental compensation.

On the other hand, Senior Advocate Abhishek Sinha, representing M/s. Bhatia Wine Merchants Pvt. Ltd. submitted in the Court that he was unsure if the company had received the July 20 letter (of the Environment Conservation Board). He, however, stated that the company is willing to undergo an inquiry.

In light of these submissions, while posting the matter for further hearing on July 30, 2024, the Court directed that M/s. Bhatia Wine Merchants Pvt. Ltd. be impleaded as a respondent.

Importantly, on the next date, the counsel appearing for the Environment Conservation Board has been directed to inform the Court as to what action the Board has taken after the Sub Divisional Magistrate, Pathariya, issued a memo on April 27, 2024.

The Court has further directed the counsel for M/s. Bhatia Wine Merchants Pvt. Ltd. to inform the Court whether it has received the notice (dated July 20, 2024) issued by the Chhattisgarh Environment Conservation Board, Bilaspur, and whether it has submitted any response to the same.