1991 (1) TMI 458 - SC - Indian Laws

Summary

Issues Involved:
1. Allegation of pollution of the Bokaro river by Tata Iron & Steel Co.
2. Compliance with the Water (Prevention and Control of Pollution) Act, 1974.
3. Petitioner's personal interest versus public interest.
4. Legitimacy of the petition under Article 32 of the Constitution.

Issue-wise Detailed Analysis:

1. Allegation of Pollution of the Bokaro River by Tata Iron & Steel Co.:
The petitioner alleged that Tata Iron & Steel Co. was discharging sludge/slurry from its washeries into the Bokaro river, causing pollution. The petitioner claimed that this discharge was adversely affecting the fertility of agricultural land and making the river water unfit for drinking and irrigation purposes. The respondents, including the State Pollution Control Board, denied these allegations, asserting that effective steps had been taken to prevent such pollution. The court found no prima facie evidence to support the petitioner's claims, noting that the State Pollution Control Board had monitored and regulated the effluent discharge effectively.

2. Compliance with the Water (Prevention and Control of Pollution) Act, 1974:
The petitioner argued that the discharge of slurry violated the provisions of the Water (Prevention and Control of Pollution) Act, 1974. The respondents countered that Tata Iron & Steel Co. had obtained the necessary sanctions from the State Pollution Control Board under Sections 25 and 26 of the Act. The Board had imposed conditions for the construction of settling tanks and regular monitoring of effluent quality. The court noted that the Board had taken steps to ensure compliance with the Act, including inspections and directives for desludging the tanks. The court found that the respondents had adhered to the Act's provisions.

3. Petitioner's Personal Interest versus Public Interest:
The court examined the petitioner's motives and found that the petition was not filed in public interest but rather for personal gain. The petitioner had a history of purchasing slurry from Tata Iron & Steel Co. and had sought more slurry, which the company refused. The petitioner had also faced criminal charges for unauthorized removal of slurry. The court concluded that the petitioner's primary purpose was to serve his business interests rather than address any genuine public concern.

4. Legitimacy of the Petition under Article 32 of the Constitution:
The court emphasized that Article 32 is designed for the enforcement of Fundamental Rights and should be used for genuine public interest litigation. The court cited precedents to highlight that public interest litigation should not be used to settle personal grievances. The court found that the petition was an abuse of the process, aimed at furthering the petitioner's personal interests under the guise of public interest. Consequently, the court dismissed the petition, noting that it did not serve any public interest.

Conclusion:
The court dismissed the petition, concluding that it was filed for the petitioner's personal interest rather than any genuine public concern. The court directed the petitioner to pay Rs. 5,000 as costs to the respondents. The judgment underscored the importance of ensuring that public interest litigation is not misused for personal gain, thereby protecting the integrity of the judicial process.