Introduction:
On July 22, 2024, the Chhattisgarh High Court, led by Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal, took suo moto cognizance of a severe environmental pollution crisis in the Mohbhatta-Dhooma region of District Mungeli. The court acted on a disturbing report from Bilaspur Bhaskar, which revealed mass fish deaths and widespread community distress due to the pollution caused by alcohol factories, particularly those operated by M/s. Bhatia Wine Merchants Pvt. Ltd.
Arguments:
Petitioner’s Argument:
The court’s action followed a July 20, 2024, report from Bilaspur Bhaskar that highlighted the dire environmental impact of the pollution. The report claimed that the effluents released by M/s. Bhatia Wine Merchants Pvt. Ltd. were contaminating the Shivnath River, killing large numbers of fish, and affecting the health and livelihood of around 20,000 residents. It noted that the pollutants had damaged over 350 acres of paddy fields and caused severe health issues such as breathing difficulties and skin irritations among the local population.
Government’s Argument:
The Advocate General, representing the state government, informed the court that a directive was issued on April 27, 2024, by the Sub Divisional Magistrate of Pathariya to investigate the fish deaths and the hazardous chemical discharge from the factory. Despite a show-cause notice and reminders to both the factory and the Environment Conservation Board, no inspection report had been received. The Advocate General also noted that the factory had been directed to cease operations pending further investigation.
Environment Conservation Board’s Argument: Advocate Amrito Das, representing the Environment Conservation Board, requested additional time to complete the verification process. He presented a letter dated July 20, 2024, from the Board, which instructed the factory to halt operations until further analysis and reports could be reviewed. This letter also warned of potential environmental compensation.
Factory’s Argument:
Senior Advocate Abhishek Sinha, representing M/s. Bhatia Wine Merchants Pvt. Ltd., expressed uncertainty about whether the company had received the July 20 letter from the Environment Conservation Board but confirmed the company’s willingness to cooperate with the inquiry.
Court’s Judgment:
The Chhattisgarh High Court, after considering the gravity of the situation, decided to implead M/s. Bhatia Wine Merchants Pvt. Ltd. as a respondent in the case. The court scheduled further hearings for July 30, 2024, and directed the Environment Conservation Board’s counsel to provide an update on actions taken following the April 27, 2024, memo. Additionally, the court asked M/s. Bhatia Wine Merchants Pvt. Ltd.’s counsel to confirm whether they received and responded to the July 20 notice from the Environment Conservation Board.
The court’s decision underscores its proactive approach in addressing environmental violations and ensuring accountability in cases where industrial activities adversely impact public health and the environment.