The Government of Puducherry directed all brick kiln industries to relocate from the city limits. ABC and Co, a brick kiln operator, sought exemption from this directive, citing their use of advanced technology that minimizes environmental pollution. Decide.
TheSayeed Answered question March 15, 2024
Facts of the Case:
- The Government of Puducherry ordered all brick kiln industries to relocate from the city limits.
- ABC and Co, a brick kiln operator, requested exemption from this order, claiming that their use of advanced technology prevents environmental pollution.
Issue in the Case:
- Whether ABC and Co can obtain exemption from the government’s directive to relocate their brick kiln operations based on their use of advanced technology that minimizes environmental pollution.
Principle:
- Environmental jurisprudence, as established by Supreme Court judgments, emphasizes the need for precautionary measures and holds polluters accountable.
- Industries employing advanced technology to mitigate environmental pollution may be considered for exemptions from relocation orders.
Judgment:
- ABC and Co can successfully seek exemption from the government’s directive to relocate their brick kiln operations.
- Supreme Court precedents, such as Union Carbide Vs. Union of India (1991) 4 SCC 584 and Subhash Kumar Vs. State of Bihar (1991) 1 SCC 598, highlight the importance of adherence to safety and environmental standards.
- In Union Carbide case, the Court allowed the company to continue operations after verifying compliance with safety measures.
- Similarly, in Subhash Kumar case, the Court dismissed a petition against an industry after confirming adherence to treatment plant directions, indicating no pollution.
- However, in cases like Ram Baj Singh Vs. BabuLal, AIR 1982, Ker. 285, where a brick grinding machine caused discomfort and annoyance due to dust and noise pollution, the Court intervened to abate the nuisance.
- ABC and Co’s claim of using advanced technology to prevent environmental pollution aligns with the principles of environmental jurisprudence.
- Therefore, considering their compliance with environmental standards and use of advanced technology, ABC and Co should be granted exemption from the government’s directive to relocate their brick kiln operations within city limits.
TheSayeed Answered question March 15, 2024