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Legal victory a first in war against pollution

An unemployed man has emerged victorious from the nation's first lawsuit by an individual against a company for environmental pollution.

Zhang Diansheng, 43, won compensation both for his economic losses and mental anguish, and succeeded in closing the polluter. It was also the first case involving the detrimental effects of smoke dust.

Mr Zhang plans to establish a fund with his compensation money to reward individuals who work to protect the environment.

On October 12, Yinchuan City District People's Court in Ningxia ordered the Yinchuan City Materials Management Company to pay Mr Zhang 3,000 yuan (HK$2,820) in compensation and 2,000 yuan for the trauma he suffered as a result of pollution, reported the China Youth Daily.

Mr Zhang, a laid-off worker from Ningxia, lived for years above a chimney billowing toxic black smoke from the burning of soft, bituminous coal. The Desheng Public Bathroom Chimney and Boiler building was located three metres from Mr Zhang's apartment building, and its chimney two metres underneath his home on the sixth floor.

Mr Zhang, his wife and their son became seriously ill from years of prolonged ingestion of the coal smoke dust. All three required medical treatment costing 4,247 yuan.

Armed with a petition signed by 39 neighbours, photographs of the chimney, medical records and hospital bills as evidence, Mr Zhang asked that the chimney be sealed immediately, and that he be compensated for his family's mental anguish and the cost of renovating his blackened home.

The Yinchuan City Materials Management Company had told the court that the case should be thrown out because Mr Zhang could not prove there was a direct connection between his illness and the smoke from the chimney.

However, the court ordered that, since the chimney was in violation of Hui Autonomous Region regulations regarding burning coal, the company must shut it down immediately and pay compensation.

Mr Zhang said: 'The environment relies on everyone to protect it. I want to establish an Environmental Protection Bodyguard Fund to reward those who courageously work to protect the environment. I really hope this makes kind-hearted people pay more attention to environmental protection.'

Mr Zhang plans to use the 1,000 yuan left over after paying legal fees to establish the fund.

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