Guj HC

The Gujarat High Court has slammed the Gujarat Pollution Control Board (GPCB) for its laxity in handling a pollution case involving RSPL Ltd, a company that allegedly discharged hazardous effluent, causing widespread air, land, and water pollution in Kuranga village in Devbhumi Dwarka.

The divisional bench, comprising Chief Justice Sunita Agrawal and Justice Anirudha P Mayee, imposed a fine of ₹20 lakh on GPCB for its “gross negligence” in its duty. The court also directed GPCB to pay this amount to the affected farmers as compensation for the loss of their land and crops, as well as for the mental harassment and legal expenses they incurred due to the pollution.

The court also ordered the GPCB chairman to take action against the responsible officers involved in the case and initiate an inquiry against them. The court further directed that the amount of the fine should be recovered from the errant officers who have shown negligence. In addition, the court ordered a departmental inquiry against such errant officers.

The High Court also ordered action against RSPL Ltd for such blatant violations of environmental laws.

The court also directed GPCB to follow the audit report and recommendations of Dharmsinh Desai University (DDU), Nadiad, for making the land of the affected farmers cultivable again.

Dwarka farmers’ plight reaches High Court

Advocate Anshin Desai, appearing for the petitioner farmers, submitted that RSPL Ltd had set up a soda ash plant near the petitioners’ fields and land in their village.

The company was allegedly discharging its hazardous and chemical-laden effluent and polluted water directly into the seacoast, 1 km away, and on the surrounding lands.

A canal built for the disposal of effluent suffered damages and failed to be maintained. This caused all the polluted water to fill the surrounding fields and the land of the petitioners.

This left their lands barren and unproductive.

The petitioners have tried reaching the authorities, including GPCB, since 2016–17, demanding immediate and effective action, but the board has only issued notices and imposed token fines without taking any concrete action.

The DDU and GPCB’s site inspection reports also clearly stated that the company’s hazardous effluent had caused very serious air, water, and soil pollution.

GPCB’s argument in Dwarka pollution case

GPCB defended itself by saying that it had taken action in the case, from issuing notices to the company to imposing fines and even issuing closure orders.

The High Court, therefore, pinpointed a few questions to the GPCB: “Why did GPCB officials remain inactive for four long years despite repeated pleas from the petitioners and their cognizance of the situation? Why was no strict action taken at that time? Did you only wake up after the court’s intervention and directions over the petitioners approaching the High Court and their agricultural land becoming barren and destroyed? It clearly shows that the GPCB officials have shown gross negligence and indifference in their duty.”

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