MAHENDRA GAUR
B.E., P.G.D.M, LL.B.
ADVOCATE
B-90, SARASWATI MARG,
BAJAJ NAGAR, JAIPUR-302015
T/FAX 0141-2705901,
PHONE: 09829059018
LEGAL NOTICE
RSPCB/2009/1
November 3, 2009
Chairman,
Rajasthan State Pollution Control Board,
Jhalana Institutional Area, JAIPUR
Subject: Violation of Water (Prevention & Control of Pollution) Act, 1974 &
The Air (Prevention & Control of Pollution) Act, 1981
Dear Sir,
1. You are aware of the fire incident at Indian Oil Sanganer Terminal since 29/10/09 and continuing till date.
2. That despite having gained knowledge through media and even otherwise of a major environmental disaster and its adverse impact on Air and Water pollution, humans, animals, birds, plants, flora and fauna, not only in Jaipur but also in Kota, Baran, & Delhi, and neighbouring areas, apparently under political influence, showing deliberate criminal negligence, you have taken no action till date against the company and its directors as per the provisions of environmental laws (Water (Prevention & Control of Pollution) Act, 1974 & The Air (Prevention & Control of Pollution) Act, 1981). The Chairman of the company came to Jaipur on 30/10/09 and was accorded the status of State Guest, whereas, he should have been arrested for offences against environment like Mr. Anderson was arrested for Union Carbide Leak.
3. The Company Indian Oil Corporation Limited, having its registered office at G-9, Ali Yavar Jung Marg, Bandra East, and local office at Ashok Chowk, Adarsh Nagar, Jaipur and its Board of Directors (list enclosed in Annexure ‘A’) has committed offences u/ss 31 r/w 42 (e), 24 r/w 43, r/w 47 of the Water (Prevention & Control of Pollution) Act, 1974 and u/ss 23 (1) r/w 38 (e), r/w 40 of the Air (Prevention & Control of Pollution) Act, 1981 for which you ought to have filed a complaint in the court of competent jurisdiction u/s 49 (1) (a) of the Water (Prevention & Control of Pollution) Act, 1974 and u/s 43 (1) (a) of the Air (Prevention & Control of Pollution) Act, 1981.
4. You ought to be aware that your above acts/omission are violations that are punishable u/s 166 IPC, 1860 r/w 48 of the Water (Prevention & Control of Pollution) Act, 1974 and u/s 41 of the Air (Prevention & Control of Pollution) Act, 1981. Under section 48 of the Water (Prevention & Control of Pollution) Act, 1974 and u/s 41 (1) of the Air (Prevention & Control of Pollution) Act, 1981, the head of the department shall be deemed to be guilty of the offence and shall be liable to be proceeded against as per the provisions of the ibid acts.
5. You are hereby called upon to show cause within 60 days from the date of receipt of this notice u/s 49 (1) (b) of the Water (Prevention & Control of Pollution) Act, 1974 and u/s 43 (1) (b) of the Air (Prevention & Control of Pollution) Act, 1981 as to why a criminal prosecution should not be initiated against Indian Oil Corporation Limited and its Directors who are guilty of the offences as stated above.
6. Please note that in case of no response is received within 60 days or unsatisfactory explanation is put forth by the board the undersigned shall be at liberty to initiate proceedings as per the provisions of the ibid acts without making any further reference to the Board or the Government.
With regards,
Yours truly,
Mahendra Gaur
NOO
cc: The State of Rajasthan
Through:
Mr. T. Srinivasan, IAS
Chief Secretary,
Government of Rajasthan,
Secretariat, JAIPUR
It is regretted that such an important function, which has direct impact on environment, human rights, and public health, is being treated with negligence by senior officers of Indian Administrative Service who alone are appointed as Chairman and the officers of Indian Forest Services who are generally appointed as Secretary.
In many cases the appointments have been made without merit and in violation of prescribed qualifications. It would be safe to conclude that such important posts are considered punishment postings and therefore the concerned officers do not take interest in their assignments. The appointment of Board Members appears to be a matter of expediency rather than a meaningful exercise towards having qualified people on Board who have commitment towards saving environment.
The annual report of Rajasthan State Pollution Control Board gives an impression that the function of the Board is to simply grant licenses and compile statistical data. The details furnished in the annual report do not qualify it to be called an annual report of a department, which spends crores of Rupees worth of Public Money. The reports do not have a single word devoted to the efforts made by the Board to protect the environment and its impact if any.
From the skeleton details of un-audited accounts furnished in the annual report it is obvious that there is no system of budgeting the expenditure. The Board irrespective of actual requirement/consequences expends whatever amount is received by it from whichever sources.
As an appointing authority u/s 4(1) of the Water (Prevention & Control of Pollution) Act, 1974 and sections 4,5 of the Air (Prevention & Control of Pollution) Act, 1981, it is your responsibility to ensure that the Board functions under the provisions of ibid acts and fulfil it’s responsibility towards society of protecting the environment.
This letter may be treated as notice u/s 49 (1) (b) of the Water (Prevention & Control of Pollution) Act, 1974 and u/s 43 (1) (b) of the Air (Prevention & Control of Pollution) Act, 1981. If I do not receive proper explanation for the acts of omission and commission a legal action as deemed fit under the provisions of ibid acts shall lie against the appointing authority viz. the State Government.
Cc: Central Pollution Control Board,
Ministry of Environment & Forest,
Parivesh Bhavan, CBD-cum- Office Complex,
East Arjun Nagar, DELHI-110032
For information and necessary action against the Rajasthan State Pollution Control Board as per the legal provisions under intimation to the above signed.
Cc: Shri Jairam Ramesh,
Minister of State for Environment & Forest,
Govt. of India, New Delhi
If such is the state of affairs about neglect of environment by the Pollution Control Board, God only save the environment of this country. It is nothing short of an affront to the spirit of people of Rajasthan who pride themselves of having laid down their lives in hundreds to protect a single tree in the cause of environment protection. May I expect with your kind intervention, that the function of Board would become more environment-friendly? I shall be grateful for your kind response on the issues raised above. For your information the Pollution Control Boards, including RSPCB do not hold statutory Board Meeting once a quarter.
cc. SP Jaipur (East) With reference to my FIR against Indian Oil & Ors. u/s 220 Cr. P. C. 1973 you can include the offences under environmental act also in the same FIR as they are result of the same transaction.
Annexure ‘A’
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