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V.S. Damodaran Nair And Anr. vs State Of Kerala And Ors.

Pays/Territoire
Inde
Type de cour
Nationale - cour supérieure
Date
Avr 7, 1995
Source
UNEP, InforMEA
Nom du tribunal
Kerala High Court
Juge
SREEDHARAN, K.
SHANMUGAM., P.
Numéro de référence
AIR 1996 KERALA 8
Langue
Anglais
Sujet
Air et atmosphère, Environnement gén.
Mot clé
Normes de qualité de l'eau Pollution atmosphérique (sources fixes) Pollution des eaux douces/qualité des eaux douces
Résumé
The public interest litigation was instituted with a view to ensure healthy living and eradication of air pollution even though initially the provocation was the formation of fog in the city of Cochin. The scope of the writ petition was expanded by impleading industries and departments which were suspected to be the cause for the air pollution within the city and the adjoining areas of the city. An expert body like NEERI was entrusted with the work of study of the air pollution. The Government of Kerala had already notified under Sec.19(1) of the air (Prevention and Control of Pollution) Act, 1981 dated 31-7-1984 declaring the area coming under the Corporation of Cochin as an Air Pollution Control Area KEA No.1. The various sources of air pollution caused in Cochin are from industrial plants, motor vehicles, sewers and domestic drains emanating foul gases. Some of the major pollution are ammonia, sulphur dioxide, carbone monoxide, nitrogen dioxide etc..The Executive engineer, Air Pollution Control Cell of the Kerala State Pollution Control Board submitted a detailed report as per the directions of this Court. The report has given a background of the unusual phenomena called Smog in the city of Cochin, concluding that the presence of ammonia in humid winter conditions is one the principle cause of the often seen fog in Cochin city. The respondents replied that their factories have conformed to the standards prescribed and the emissions from their factories were within the norms prescribed by the Government. The Court, based on the reports of both these expert bodies, found that some of the major industries are yet to comply with the conditions of the consent orders. Similarly the Corporation of Cochin and the State Government are yet to make effective steps for the control of pollution, even with regard to the the emissions of gases from the open sewers,being one of the major air pollutant, and to pollution deriving from traffic congestion in the city. The Court held that the conclusion and recommendations of the NEERI are to be followed for maintaining the Cochin area clear of pollution,and are to be considered by the Pollution Control Board as to form part of the conditions for granting consent orders. Some of the recommendations of the NEERI are to be carried out by the State Government and the other departments. It direct The Executive Engineer, AIR Pollution Control Cell of the Kerala State Pollution Control Board to monitor and evaluate the performance of the industries and also the Corporation of Cochin and other bodies who are responsible in containing the air pollution in and around the city of Cochin and submit yearly reports on or before 31st December of the year, of the action taken in this regard to the Court.
Texte intégral
COU-155943.pdf
Site web
indiankanoon.org