MADURAI
The Madurai Bench of the Madras High Court has delivered a split verdict in a case against LA Bottlers Ltd, filed by the residents of Suriyur village in Tiruchi district. The villagers had sought the closure of the bottling unit citing environmental concerns.
Hearing the case, a Division Bench of Justices M. Sathyanarayanan and R. Hemalatha delivered a split verdict. Justice R. Hemalatha ordered sealing of the bottling unit. She also directed removal of unauthorised construction put up by the unit.
In her judgement, she observed, “Water resource is, without doubt, the most precious amenity available and this resource is vital for the very existence of the factory.” Taking cognisance of the already depleted groundwater level, she said though the company had given an undertaking that it would not use groundwater and would instead source water from outside, it would not help in the long run.
With the company very much aware of the danger of depletion of water table, the crux of the issue zeros in on the legality of the very existence of the unit, she said.
However, Justice M. Sathyanarayanan observed that Water Resources department and State Ground and Water Resources Data Centre had granted the Ground Water availability certificate/ clearance for drawing groundwater for industrial purpose.
He said the development of the Doctrine of Sustainable Development was a welcome feature, but while emphasising the need for minimising ecological impact, a delicate balance between it and the necessity for development must be struck. Necessary measures must be in place to ensure development while protecting environment and ecology, he said.
Taking cognisance of the agitations against the bottling unit, he said it would be difficult for the State to attract industries if law and order problem was to be solely considered. Future industrialisation would be stalled resulting in unemployment, he said.
Following the split verdict, the High Court Registry was directed to place all the case-related documents before the Chief Justice for passing of appropriate orders.
