In a significant environmental intervention, the Chhattisgarh High Court has taken suo motu cognizance of a severe pollution incident that led to the death of millions of fish in the local river. The court’s action follows a news report published in Dainik Bhaskar on July 20, 2024, highlighting the pollution caused by M/s Bhatia Wine Merchants Pvt. Ltd., a liquor manufacturing company in Mungeli district.
Background of the Case
The alarming news report titled “เคถเคฐเคพเคฌ เคซเฅเคเฅเคเฅเคฐเฅ เคธเฅ เคเคเคฟเคฏเคพ เคธเฅเคชเคฟเคฐเคฟเค เคธเฅเคงเฅ เคจเคฆเฅ เคฎเฅเค …. เคเคธเฅ เคธเฅ เคฒเคพเคเฅเค เคฎเคเคฒเคฟเคฏเคพเค เคฎเคฐเฅเค, 20 เคนเคเคพเคฐ เคเฅ เคเคฌเคพเคฆเฅ เคญเฅ เคชเคฐเฅเคถเคพเคจ” (Substandard spirits from liquor factory directly into the river… leading to mass fish deaths and distress for 20,000 residents) brought to light the grave environmental and public health crisis. The report detailed how harmful effluents from Bhatia Wine Merchants Pvt. Ltd., located in the village of Mohbhatta-Dhooma, were being discharged into the river, causing extensive damage to aquatic life and affecting the livelihoods and health of the local population.
Legal Issues Involved
The court identified several critical legal issues in this case:
– Environmental Protection: The primary concern is the violation of environmental laws and regulations, particularly those governing the discharge of industrial effluents.
– Public Health and Safety: The impact of the pollution on the health and safety of the local population, including the contamination of water sources and destruction of agricultural fields.
– Corporate Responsibility: The accountability of Bhatia Wine Merchants Pvt. Ltd. for adhering to environmental standards and the consequences of their non-compliance.
Court’s Decision
The case, registered as WPPIL No. 50 of 2024, was presided over by a bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal. The court directed the registration of this Public Interest Litigation (PIL) based on the news item and ordered several immediate actions:
1. Notice to Respondents: The court issued notices to the State of Chhattisgarh through the Chief Secretary, the Secretary cum Excise Commissioner, the Secretary of the Chhattisgarh Environment Conservation Board, the Commissioner of Bilaspur Division, the Collector of Bilaspur, the Assistant Excise Commissioner of Bilaspur, and the Superintendent of Police of Bilaspur.
2. Impleading the Company: M/s Bhatia Wine Merchants Pvt. Ltd. was directed to be impleaded as party respondent No. 8 in the petition.
3. Submission of Reports: The court requested detailed reports from the State and the Environment Conservation Board regarding the pollution incident and the measures taken to address it.
4. Next Hearing: The matter was scheduled for the next hearing on July 30, 2024, to review the responses and take further action.
Observations of the Court
In its observations, the court emphasized the severe environmental impact and the urgent need for remedial measures. The bench noted:
“The discharge of sub-standard quality spirits into the river by M/s Bhatia Wine Merchants Pvt. Ltd. has caused a significant environmental hazard, leading to the death of millions of fish and affecting the lives of approximately 20,000 people. This court cannot overlook the grave consequences of such industrial negligence.”
Also Read
Parties and Representation
– Petitioner: Suo Motu Public Interest Litigation by the High Court of Chhattisgarh.
– Respondents:
– State of Chhattisgarh through Chief Secretary
– Secretary cum Excise Commissioner
– Secretary, Chhattisgarh Environment Conservation Board
– Commissioner, Bilaspur Division
– Collector, Bilaspur
– Assistant Excise Commissioner, Bilaspur
– Superintendent of Police, Bilaspur
– M/s Bhatia Wine Merchants Pvt. Ltd.
Lawyers Involved
– For the State: Mr. R.K. Gupta, Additional Advocate General
– For the Environment Conservation Board: Yet to be named
– For M/s Bhatia Wine Merchants Pvt. Ltd.: Yet to be named
