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Pollution in Behala 

PIL, Green Bench, PCB and then? 

In and around Chanditala and Sirity of east Behala a huge number of industries, mostly illegal, are causing severe pollution in the locality. The mushrooming factories include several chemical, plastic and plastic recycling, spray-painting, paints, metal plating and galvanizing factories. The factories are emitting highly pungent and poisonous fumes and are releasing/dumping liquid effluents into the street drains, water bodies and even on the roads. Many ponds in east Behala have been filled to construct factory sheds.

Public Interest Litigation (PIL 1993--97)

Affected people moved the Kolkata High Court (1993), who asked for an inspection report from WBPCB. On getting the inspection report the Court directed to stop running the factories till further order. One month later a detailed technical report prepared by Prof. Arunabha Mazumdar of AIIH&PH and submitted to the Court severely indicted the factories for neglecting pollution control.   

"in the eastern side of M/S Hydrocarbon and chemical, I found a natural pond measuring approximately 125m ×30 m. The factory used to discharge effluent into the pond without any treatment. I was shocked to see how a pond of considerable size in the midst of habitation has been degraded due to irresponsible action of the factory."(Prof. Arunava Mazumder, AIIH&PH) (60) 

Later the case was transferred to the M.C. Mehta Vs. Union of India cases in the Supreme Court. The factories then reportedly installed pollution control devices following which the WBPCB issued clearance certificates to the industries. Based on this report the Court withdrew the closure orders on the factories. As a result the factories again started functioning and were causing water and air pollution as before. Disgusted local residents sued the WBPCB in the Supreme Court for granting clearance to the polluting factories. This time the Court asked report from the National Environmental Research Institute (NEERI) about the status of the industries. The NEERI report said that the factories severe polluters and did not deserve any clearance. It recommended shifting of the factories to protect the life, property and public health of this thickly populated residential area.

The Supreme Court directed that the area vacated by shifted factories should only be used for community purpose. Then the Apex Court transferred the matter to the Kolkata High Court for final decision. The High Court disposed of the case stating, "the PCB is directed to keep a vigil in the area in question and to take necessary step as regards the use of the land in terms of the order of the Supreme Court." The PCB so far has not taken any step. The PCB has been requested and reminded several times to do so but in vain. Due to inaction of the Board plastic reprocessing factories have again been installed in those vacated land.

Other PIL in the Green Bench, High Court Kolkata (1997)mk

At the Supreme Court's instance six heavily polluting industries shifted from Chanditala area. But the fact is that the pollution load in the area remains unchanged and has become even more severe.

The housewives who are the main victims of pollution came forward and appeared at the Green Bench, Kolkata High Court in February 1997. The Court passed an order to the WBPCB to inspect the Chanditala and Sirity area. WBPCB's report is incomplete, lacking in details and far from the actual facts. The report records that almost all the units are polluting but the impact of pollution is insignificant. The litigation (W.P. No. 699 of 1997) is pending with the Green bench for long.

On the last World Environment Day (June 05, 2001) a team of environmental experts including Dr. Ashish Ghosh, Mr. Samar Bagchi, Mr. Chira Dutta and Mr. Mohit Ray made an on-the-spot inspection of Chanditala area and submitted their report to the WBPCB and the Department of Environment. The team stated "We noted with great agony that the waste plastic recycling and plastic factories have started functioning at the premises of Lubricating Oil Co. (35/2/2 Chanditala Main Road) and Calcutta Printing Inks (P) Ltd and posing air, surface and noise pollution." No reply or action has so far been noted.

It would be pertinent to state here that Vasundhara and especially its Secretary, Mr. Mohit Ray helped the movement in very many ways in technical as well as legal aspect. In this connection it may be mentioned that Mr. Justice Suhas Ch. Sen of the Kolkata High Court faced demonstrating hooligans and the workers on his visit to the factories and the locality.

- Debaprasad Bhattacharya

 


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