K Singh, K Ramaswamy

I.A. Nos. 5 & 6

1. It is stated on behalf of M/s Madina Tannery and M/s New Javed Tannery, Kanpur that they have already set up Primary Treatment Plant and have removed the defects pointed out by the State Pollution Control Board. We, accordingly, direct the State Pollution Control Board to inspect the establishment of these two tanneries and to submit its report to this Court as to whether the treatment plant alleged to have been set up by the tanneries is according to the standard and is in working order. The report may be submitted within four weeks

I.A. No. 8

2. It is stated on behalf of M/s Himalaya Tannery that they are not carrying out any tanning operation, instead they are carrying out the working of finishing and it does not involve flow of any industrial effluent or pollution of water or atmosphere. The State Pollution Control Board is directed to inspect the factory and submit its report to this Court within four weeks

M/s Shalimar Leather Industries and M/s Society Tanners

3. It is stated on behalf of M/s Shalimar Leather Industries and M/s Society Tanners that they have set up the Primary Treatment Plant and removed the defects pointed out earlier. But on a perusal of the inspection report we find that they have not made any arrangement for the disposal of the sludge coming out of the Primary Treatment Plant. We accordingly, direct these two tanneries to contact the Kanpur Nagar directed earlier by our order dated May 8, 1991. It is further stated on behalf of these two tanneries that they have already deposited their contribution towards the setting up of the secondary treatment plant. The State Pollution Control Board may verify and submit its report within four weeks

4. On a perusal of the affidavit of Ajay Kumar Sharma, Assistant Engineer (Environment), U.P. Pollution Control Board, Kanpur, nine tanneries have made partial payment which are as under1. M/s Jajmau Leather Finishers, Jajmau, Kanpur

2. M/s Kasif Tannery, Jajmau, Kanpur

3. M/s Greater Arafat Tanners, Jajmau, Kanpur

4. M/s Hilton Tanning Industries, Jajmau, Kanpur

5. M/s N. R. Tanners Industries, Jajmau, Kanpur

6. M/s Delhi Tannery, Jajmau, Kanpur

7. M/s Jonaid Tanning Industries, Jajmau, Kanpur

8. M/s Aharwar Leather Finishers, Jajmau, Kanpur

9. M/s Paramount Leather Corpn., Jajmau, Kanpur

The following tanneries have not made any deposits

1. M/s New Golden Tanning Industries, Jajmau, Kanpur

2. M/s Nav Ratan Tanning Industries, Jajmau, Kanpur

3. Universal Tanning Industries, Jajmau, Kanpur

4. M/s Kohinoor Tannery, Jajmau, Kanpur

5. M/s Azim Trade & Exports, Jajmau, Kanpur

6. M/s Imperial Leather Finishers, Jajmau, Kanpur

7. M/s Arjun Leather Industries, Jajmau, Kanpur

8. M/s Alsafa Tanners Industries, Jajmau, Kanpur

9. M/s Chaudhary Leather Finishers, Jajmau, Kanpur

10. M/s Bhopal Tannery & Glue Works, Jajmau, Kanpur

11. M/s Shamsher Ki Tannery Jajmau, Kanpur

12. M/s Triveni Tannery, Jajmau, Kanpur

13. M/s Babulal Tannery, Jajmau, Kanpur

14. M/s Naaz Tanning Industries, Jajmau, Kanpur

15. M/s Moon Light Tannery, Jajmau, Kanpur

16. M/s Raj Leather Finishers, Jajmau, Kanpur

17. M/s Shad Tanning Industries, Jajmau, Kanpur

18. M/s Zeenat Tannery, Jajmau, Kanpur

5. In the circumstances the aforesaid 27 tanneries are directed to be closed. The District Magistrate and the authorities of the U.P. Pollution Control Board are directed to take effective steps for implementation of this Court's order. These tanneries will be allowed to function only after the entire money is deposited and a report is submitted by the U.P. Pollution Control Board to this CourtI.A. No. 7 of 1991 : Hindustan Tanneries Pvt. Ltd

6. It is stated on behalf of M/s Hindustan Tanneries Pvt. Ltd. that they have already set up a primary treatment plant, as directed earlier by this Court. This fact could not be brought to the notice of the Court as a result of which the tannery has been placed under seal, pursuant to this Court's order dated May 8, 1991

7. It is further stated that the requisite deposit of Rs 1000 could not be made in the Registry of this Court within time. A further relief has been claimed for reducing the demand of Rs two lakhs as contribution for the setting up of secondary treatment plant. After hearing learned counsel for the parties, we direct the U.P. State Pollution Control Board to open the seal and inspect the establishment of M/s Hindustan Tanneries Pvt. Ltd. and if it is satisfied that the primary treatment plant has been set up and if it is in working order, the tannery may be permitted to continue its operation and a requisite certificate may be sent to this Court. We condone the delay in making deposit and permit M/s Hindustan Tanneries Pvt. Ltd. to make the deposit of Rs 1000 in the Registry. So far as reduction in the contribution of Rs two lakhs is concerned, the applicant's representation may be considered by the State Pollution Control Board and suitable orders may be passed and a copy of the same may be forwarded to this Court. The IA is accordingly disposed of

Hindustan Chambers of Commerce

8. An affidavit has been filed on behalf of Hindustan Chambers of Commerce that an agreement has taken place between Kanpur Nagar Mahapalika and the Hindustan Chambers of Commerce for disposal of the sludge. On a perusal of the affidavit, it is not clear as to whether the arrangement which was agreed upon on May 28, 1991 is being implemented. U.P. Pollution Control Board is directed to file affidavit as to whether the agreement alleged to have been arrived at between Kanpur Nagar Mahapalika and Hindustan Chambers of Commerce is being implemented

9. On a perusal of the report submitted by the U.P. State Pollution Control Board, it appears that the following tanneries have not set up even the Primary Treatment Plant in spite of time being granted to them. These are as under

1. M/s Imperial Leather Finishers, Jajmau, Kanpur

2. M/s Arafat Tanners, Jajmau, Kanpur

3. M/s Welcome Trading Co., Jajmau, Kanpur

4. M/s Illahi Tannery, Jajmau, Kanpur

5. M/s Ishrat Finishers Industries, Jajmau, Kanpur

6. M/s India Enterprises, Jajmau, Kanpur

7. M/s Overacus Tanning Corporation, Jajmau, Kanpur

8. M/s Afaq Exports, Jajmau, Kanpur

9. M/s Lari Leather Finishers, Jajmau, Kanpur

10. M/s Delhi Tannery, Jajmau, Kanpur

11. M/s Bright Tanning Industries, Jajmau, Kanpur

12. M/s Alsafa Tanners, Jajmau, Kanpur

13. M/s Anjum Leather Industries, Jajmau, Kanpur

14. M/s Hilton Tanning Industries, Jajmau, Kanpur

15. M/s Chaudhary Leather Finishers, Jajmau, Kanpur

16. M/s Malik Tanning Industries (P) Ltd., Jajmau, Kanpur

17. M/s Nabi Leather Finishers, Jajmau, Kanpur

18. M/s Bhopal Tannery & Glue Works, Jajmau, Kanpur

19. M/s International Tanning Industries, Jajmau, Kanpur

20. M/s Rafiq Tannery, Jajmau, Kanpur

21. M/s Aizna Tannery, Jajmau, Kanpur

22. M/s Diamond Tanners, Jajmau, Kanpur

23. M/s Danish Tanners, Jajmau, Kanpur

24. M/s N. R. Tanners, Jajmau, Kanpur

25. M/s Shabnam Tannery, Jajmau, Kanpur

26. M/s Evergreen Enterprises, Jajmau, Kanpur

27. M/s Zeenit Tannery, Jajmau, Kanpur

28. M/s Decent Leather Finishers, Jajmau, Kanpur

29. M/s Naaz Tanning Industries, Jajmau, Kanpur

30. M/s Zeenat Tannery, Jajmau, Kanpur

31. M/s Raj Leather Finishers, Jajmau, Kanpur

32. M/s H. E. Tanning Industries, Jajmau, Kanpur

33. M/s Qamruddin Ki Tannery, Jajmau, Kanpur

34. M/s Shamsher Ki Tannery, Jajmau, Kanpur

35. M/s Sikandarpur Trade and Industries, Jajmau, Kanpur

36. M/s Babulal Tannery, Jajmau, Kanpur

37. M/s Shad Tanning Industries, Jajmau, Kanpur

38. M/s Triveni Tannery, Jajmau, Kanpur

39. M/s Ashu Chand Udyog, Jajmau, Kanpur

40. M/s Aharwar Leather Finishers, Jajmau, Kanpur

41. M/s Leather Finishing Jajmau, Kanpur

42. M/s Moon Light Tannery, Jajmau, Kanpur

43. M/s Tanners India, Jajmau, Kanpur

44. M/s Paramount Leather Corpn., Jajmau, Kanpur

45. M/s Goodwill Tannery, Jajmau, Kanpur

46. M/s Deba Tanners, Jajmau, Kanpur

47. M/s Zumaid Tanning Industries, Jajmau, Kanpur

48. M/s Ahmed Bilal Leather Finishers, Jajmau, Kanpur

49. M/s Kanpur Leather Finishers, Jajmau, Kanpur

10. We accordingly direct the District Magistrate and the State Pollution Control Board to take effective steps to close the aforesaid tanneries and they will not be allowed to undertake any tanning operations till they set up the Primary Treatment Plant. If any of the aforesaid tanneries are able to set up the Primary Treatment Plant, they may contact the State Pollution Control Board and obtain certificate to this effect and, thereafter, apply to this Court for appropriate orders

11. List the writ petition (distillery matters) on October 8, 1991.