National Green Tribunal
Sandip Sheshrao Jadhav vs State Of Maharashtra on 23 January, 2023
Item No.3 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
(By Video Conferencing)
ORIGINAL APPLICATION NO.03 OF 2023 (WZ)
Sandip s/o Sheshrao Jadhav .... Applicant
Versus
The State of Maharashtra and others ....Respondents
Date of hearing: 23.01.2023
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant : Mr. Hrishikesh V. Tungar, Advocate
Respondents : ---
ORDER
1. This Original Application has been moved by the applicant seeking a direction to be issued to respondent Nos.5 to 21 (private respondents) to rehabilitate the applicant to any other suitable place for residence, agriculture activities and to allot him agricultural lands; further respondent Nos.1 to 4 authorities be directed to compute the damage caused to the applicant's health, agricultural lands, domestic animals, environment of the applicant, etc. and the applicant be directed to be paid a sum of Rs.5,00,000/- towards compensation with liberty to amend the claim; respondent Nos.1 to 4 be directed to provide sufficient drinking water to the applicant and for his domestic animals; a direction be issued to respondent No.3 to remove the contaminated soil, sludge, spent-wash from the agricultural land of the applicant and respondent Nos.5 to 21 be directed to make treatment of well-water and bore-well water so as to [NPJ] Page 1 of 4 make the same potable situated at nearby Gat Nos.144, 123 in the agricultural land of the applicant.
2. It is submitted by the learned counsel for the applicant that respondent No. 5 - M/s Radico NV Distilleries Maharashtra Ltd. is manufacturing liquor and respondent No. 6 - Shri Dwarkadas Yeshwantrao Bansod (Pathrikar) is the President of Mitra Sadhana Shikshan Prasarak Mandal, Pathri as well as President of Foster Development Trust, Aurangabad. Respondent Nos.7 to 15 are the members of Mitra Sadhana Shikshan Prasarak Mandal, Pathri whereas respondent Nos.16 to 21 are the members of Foster Development Trust, Aurangabad. Respondent No.6 has purchased the land block No.144, admeasuring 8 Hectares situated at village Pathri from one Santosh Manik Balande by registered sale-deed No.2134/2014 dated 01.10.2014. Respondent No. 5 - M/s Radico NV Distilleries Maharashtra Ltd. and respondent Nos.7 to 21 have poured spent-wash in the land block nos.144, 123 to the tune of 1000 tankers from 01.01.2018 to June, 2018, which resulted in causing huge pollution and also resulted in causing death of two persons and illness of 200 persons. The news item was also published in Daily Lokmat on 31.01.2018 about this occurrence. One official of Maharashtra Pollution Control Board (MPCB), Aurangabad and Kotwal had made spot inspection on 31.08.2018 and reported that chemical had been poured by Radico Distilleries Company - respondent No.5 in the aforesaid blocks and the same was being poured since January, 2018 to June, 2018 by tankers. During the spot inspection, it revealed that there was black sludge layer on the agricultural lands. The water samples were collected from the wells of the applicant and other affected persons. It revealed that calf of one Sanjay Navgire drank poisonous and contaminated water from well and became paralyzed. Several complaints were made by the applicant and other affected [NPJ] Page 2 of 4 persons to the Police Inspector as well as to the Pollution Control Board but to no avail. The local residents are suffering from various diseases such as low vision, swellings on eye, headache, deafness, asthma, etc. On 01.10.2018, panchanama was carried out in presence of Tahsildar, Fulambri, Taluka Agricultural Officer, Medical Officer in respect of wells and lands block Nos.112, 113, 141, 124, 143, 139, 140, 123. The water in the wells was found yellow in colour and soil sample was also taken for examination. The MPCB had issued notice under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 on 25.10.2018 ordering shifting contaminated soil from block No.144 to their (respondent No.5's) existing bio-composting plant within a week.
3. The learned counsel for the applicant has also drawn our attention to the analysis report, which is annexed at pages 256 to 260 of the paper- book, which shows the turbidity, pH, Chlorides, total hardness, Alkalinity and total dissolved solids on much higher side.
4. On the basis of evidence and the averments made in the application, we find that substantial question relating to the environment is made out in this Original Application. We, therefore, admit the Original Application and further deem it appropriate to constitute a Joint Committee, consisting of three members, one each from Maharashtra Pollution Control Board (MPCB), Central Pollution Control Board (CPCB) and the Collector, Aurangabad. The MPCB shall be the nodal agency of the said Committee. The Committee shall visit the spot whereupon it shall submit its report alongwith the compensation assessed before us within a period of four weeks from today.
5. The Registry is directed to issue notice to the respondents returnable within four weeks.
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6. The applicant is directed to provide copies of the Original Application along with its annexures for being served to the respondents, within seven days.
7. The applicant is also directed to take necessary steps for service of notice upon the respondents by both ways and also through available e-mail.
8. We further find that in the present application, personal compensation has been prayed to be allowed, for which Form-II was required to be filed which is not done though court fees has been paid. We, therefore, direct the applicant to file Form-II giving specific details of the compensation for the damages, to be assessed with respect to the land of the applicant.
9. Put up this matter on 24.03.2023.
Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM January 23, 2023 O.A. NO.03/2023 (WZ) [NPJ] Page 4 of 4