The Hindu : Kerala News : Treat PCB directive as show-cause notice: High Court

Online edition of India's National Newspaper
Wednesday, Sep 01, 2004

Kerala

Kerala

Treat PCB directive as show-cause notice: High Court

By Our Staff Reporter

KOCHI, AUG. 31. The Kerala High Court today ordered that the directive issued by the Pollution Control Board (PCB) for closure of as many as 32 industries in the State be treated as show-cause notice and 15 days time be granted to the industries to file objections as provided in the Environment (Protection) Rules.

Justice K.A. Abdul Gafoor issued the directive while closing the writ petitions filed by five industries, including FACT Udyogamandal, Binani Zinc, and Travancore Cochin Chemicals.

Hearing

The court made it clear that the PCB could pass appropriate orders after hearing the industries concerned. The closure orders were issued on the basis of the report given by the Supreme Court Monitoring Committee on hazardous wastes.

The committee reportedly found that these companies were improperly handling hazardous wastes generated at their units.

Petitioners' contention

According to the petitioners, if any violation of the Hazardous Wastes (Management and Handling) Rules was noticed it was incumbent upon on the PCB to publish a draft proposal on the proposed action.

In fact, the Environment (Protection) Rules made it mandatory on the part of the PCB to grant 15 days time to file objection to such proposals before the competent officer.

The petitioners contended that if they had been given an opportunity, they would have been able to convince the board about the steps taken by them to properly handle the hazardous wastes.

In fact, the industries had been functioning with the consent given by the PCB.

According to the petitioners, no legal procedure had been followed before issuing the closure order.

The board had issued the closure order on extraneous consideration and was vitiated by mala fide.

PCB's contention

When the petition came up, counsel for the Board submitted that the closure order could be treated as show cause notice in terms of Rule (4) of the Environment (Protection) Rules and the legal procedure would be scrupulously followed.

While closing the petitions, the court also recorded the submission of the counsel.

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