TEXTILE PROCESSORS' ASSOCIATION, THROUGH ITS JT. SECRETARY MR. NITIN THAKKARversusTHE CHIEF SECRETARY, STATE OF GUJARAT AND ORS.
- Citation
- 1996 INSC 17
- Decided
- 4 January 1996
- Disposal
- Disposed off
Holding
The Supreme Court declined to entertain the Special Leave Petition, holding that the High Court should reconsider the order through a review application.
Summary
The Textile Processors' Association filed a Special Leave Petition before the Supreme Court challenging a Gujarat High Court order that directed its member industries to pay 1% of their gross turnover towards pollution control, despite many of the industries not yet being operational and incurring losses. The petition argued that the order caused undue hardship, as the industries were unable to generate profit to meet the payment and were already implementing temporary treatment measures. The Supreme Court held that the matter was for the High Court to reconsider, either through a review application or fresh proceedings, and declined to exercise its special leave jurisdiction under Article 136. The Court emphasized that the High Court should examine the factual circumstances and determine appropriate relief. Consequently, the Special Leave Petition was dismissed, and the petitioners were directed to approach the High Court for review.
Issues considered
- Whether the Supreme Court can interfere under Article 136 with a Gujarat High Court order directing payment of 1% of gross turnover for pollution control.
- Whether the High Court order is appropriate given the industries' non‑operational status and financial losses.
- Whether the petitioners are entitled to relief without a review of the High Court's decision.
Legislation cited
- Constitution of Indias. Art. 136
Subjects
Judgment
TEXTILE PROCESSORS' ASSOCIATION, THROUGH ITS A
JT. SECRETARY MR. NITIN THAKKAR
v.
THE CHIEF SECRETARY, STATE OF GUJARAT AND ORS.
JANUARY 4, 1996
B
[K. RAMASWAMY ANDG.B.PATTANAIK,JJ.]
-. Pollution-Industrial 4fluents dischurged into river-Villages
aJfected--High Court directing paym,ent of one per ce11t of gross tunzover-
Industries yet to start working and generate profit--ln view of hardship
expressed by !ndustr;es High Court to go into the matter again-Industries
C
to file Review applications before the High Court--/nter.ference under
Special leave jurisdiction not exercised.
Constitution of India, I950 :
D
Art. I 36-Special Leave jurisdiction-Matter to be gone illlo by High
Court--Hence not inclined to interfere under special leave jurisdiction.
CIVIL APPELLATE JURISDICTION : Special Leave Petition (C) No.
617 of 1995.
From the Judgment and Order dated 7.8.95 of the Gujarat High Court E
in S.C.A. No. 770 of 1995.
G. Ramaswamy, Dr. A.M Singhvi, Revethy Raghvan, Dr. Sonia Hurra
and Ganpathy for the Petitioner.
The following Order of the Court was delivered : F
Delay condoned. This Special Leave Petition filed by the Association
seeks leave to file the appeal. The main grievance sought to be brought lo
our notice by Shri G. Ramaswamy, learned senior counsel is that some
industries of the petitioner-Association are outside the Zone and effluents
discharged from these industries are not directly leading to Kharicut Canal G
affecting the water in 11 villages identified by the. High Court. Though the
High Court had given positive finding in favour of the industries, nonethe-
less the High Court had directed them to contribute 1 per cent of the gross
turnover. Many an industries which ~the petitioner-Association is represent-
ing, are running in losses. Consequently, each industry is required to pay the H
155
. ·-111""'
.-
156 SUPREME COURT REPORTS [1996) I S.C.R.
A amount as directed by the High Court from their corpus and not from the
profits.
Dr. A.M. Singhvi, the learned Senior counsel further points out that the
units are already having temporary treatment plan and secondary treatment
plan and they accumulate the effluents so that discharge would not arise.
B Unless the industries start working, it would be difficult to generate income
by these industries; to comply. with the directions issued by the High Court.
Therefore, by virtue of the order passed by the High Court practically all the
industries, as found by the High Court, though were not discharging the
effluents polluting the water leading to the 11 villages, were prevented to run
c the operations. Consequently, they are put to great loss. In view of these
averments, we think it is a matter to be gone into not by us but by the High
Court. We are not inclined to exercise the jurisdiction under Art. 136 of the
Constitution for the reason they are matters for the High Court to be looked
into. Counsel for the petitioner undertakes to file the application for review
and in fitness of things, it would be open to each industry affected by the
D order to approach the High Court and place necessary facts before it and seek
appropriate direction, if deemed necessary. Liberty is given to them to file
the application as expeditiously as possible. It would be open to the High
Court to dispose of the same according to exigency.
The S.L.P. is accordingly disposed of.
E
G.N. Petition disposed of.
)
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