National Green Tribunal
Mr Subhash Kalyanji Tanna vs Echjay Industries Pvt Ltd on 17 October, 2022
Item No.1 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
(By Video Conferencing)
Original Application No. 90/2022(WZ)
Subhash K. Tanna
.....Applicant
Versus
Echjay Industries Pvt. Ltd. & Ors.
....Respondent(s)
Date of hearing: 17.10.2022
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant : Mr. Harshad Garud, Advocate
ORDER
1. This application has been moved by the Applicant with the prayers that Respondent No. 1/Project Proponent be directed to stop manufacturing of vehicle parts by using the two bore wells without obtaining 'No Objection Certificate' from Respondent No. 5/CGWA and a committee be constituted to study the effect of experiments of manufacturing vehicle parts on wild animals and environment.
2. It is further prayed that Respondent No. 5/CGWA and Respondent No. 6/MoEF&CC be directed to evaluate the assessment of ground water resources adjacent to the areas of the said factory and send the samples to the Government Chemical Laboratory to fix the levels of potable and non-potable water. The Respondent No. 3/Directorate of Industries and Respondent No. 4/MPCB be also directed not to grant Consent to Operate and Respondent No. 5/CGWA be directed not to grant fresh NOC to Page 1 of 4 Respondent No. 1/Project Proponent to extract underground water in order to protect the environment.
3. Further, it is prayed that on the basis of Polluter Pays Principle, compensation be paid to the villagers for environmental damage and the said factory be directed to be closed permanently.
4. In the pleadings, it is submitted that Respondent No. 1 factory is located at Gat No. 316/1, Kesar Amboli, Tal. Mulshi, District- Pune, which is manufacturing vehicle parts without necessary permissions. The quantity for per day manufacturing is ranging between 3600 to 4600 sets. The Respondent No. 4/MPCB had granted consent dated 05.07.2017 which is valid up to 31.10.2022 only. The violation is being made of the Provisions of Section 20 of the Water (Prevention and Control of Pollution) Act, 1974, Section 31 of the Air (Prevention and Control of Pollution) Act, 1981 and Rule 5 of the Hazardous Wastes (Management, Handling & Transboundary Movement) Rules, 2016. The violation of Rule 3 (1) and 4(1) of Noise Pollution (Regulation and Control) Rules, 2000 is happening as it is exceeding the limits of 75 and 70 db. The said factory is having adverse impact on the villagers as well as the wild life.
5. In support of the said pleadings, heard the argument of Learned Counsel for the Applicant. He was put a pointed query as to how the permission was required to be obtained from the Respondent No. 5/CGWA, the Learned Counsel could not satisfy the Tribunal. As per our knowledge, the Notification dated 24.09.2020 issued by the Ministry of Jal Shakti, lays down the guidelines to regulate and control ground water extraction, Regulation 1 of which provides exemption from NOC. We find that according to the Consent to Operate provided by the MPCB, there is no trade effluent and the domestic effluent is recorded as 2.0 cubic meter which after being recycled, is used for gardening purpose. The said Page 2 of 4 quantity of the domestic effluent is 2.0 cubic meters only. Since the guidelines provide for NOC and no details have been mentioned by the Applicant as to how much extraction of water is being done by the Respondent No. 5/CGWA from the alleged two bore wells to be used for running the said factory, we are unable to gather as to whether the same would be covered in the exemption clause. Besides the Learned Counsel for the Applicant has also not provided information as to whether the renewal of consent was prayed by the Respondent No. 1/Project Proponent or not.
6. In view of above, we deem it appropriate to constitute a committee before admitting the application, comprising :-
(i). One Representative from the Maharashtra Pollution Control Board (MPCB);
(ii). One Representative from the Central Ground Water Authority; and
(iii). One Representative from the District Magistrate
7. The Committee is directed to visit the spot and submit factual position before us with respect to the contents of the application and also specifically as to what is the quantity which is being abstracted from the two bore wells and also whether extension for consent has been moved or not, within one month.
8. The Maharashtra Pollution Control Board (MPCB) will be the nodal agency for coordination and logistic support.
9. The report in the matter be filed by the Committee by e-mail at ngt- [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.
Page 3 of 4
10. Applicant is directed to supply the required documents and copy of the application to the members of the Committee within three days from today.
11. We further direct the applicant to provide the information as to what is the quantity, being abstracted from the alleged bore well for running of the said factory from his own independent sources.
Put up this matter for admission on 02.12.2022
12. Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM October 17, 2022 Original Application No. 90/2022(WZ) P.Kr Page 4 of 4