National Green Tribunal
Jitender Singh vs State Of Rajasthan on 8 January, 2024
Item No.3
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No.104/2023(CZ)
(O.A.No.424/2022- PB)
Jitender Singh Applicant(s)
Vs.
State of Rajasthan & Ors. Respondent(s)
Date of Hearing: 08.01.2024
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. A SENTHIL VEL, EXPERT MEMBER
For Applicant(s):
For Respondent(s) : Mr. Rohit Sharma, Adv.
Ms. Prachi Mishra, Adv.
Mr. Shrey Kapoor, Adv.
ORDER
1. The applicants have sent the present letter petition, which has been treated and registered as original application, complaining that Mr. Bhawani Singh son of Mr. Mohar Singh and Mr. Devender Singh son of Mr. Bhawani Singh have illegally set up dozens of textile factories in agricultural land measuring 32 Bighas comprised in Khasra No.149/1 (4.32 Hectares) and Khasra No.149/2 (0.80 Hectare) situated in village Bhandu Kallan, Tehsil Luni, District Jodhpur, Rajasthan owned by them respectively. They are illegally doing work of dyeing of cloth there. Previously on complaints by the villagers and in compliance with orders passed by National Green Tribunal and higher Authorities five Government Departments had carried out joint exercise for routing out the illegal textile factories established in the village but in collusion with concerned officers/Officials of Revenue, Police, Electricity, Administrative Departments and Jodhpur Development Authority 1 (JDA) etc., the textile factories have been illegally set up again and are being illegally run without any obstruction from any quarter. The above said persons have also been discharging industrial effluent in River Jojari.
2. The matter was taken up by this Tribunal on 13.07.2022 and after considering the contents of the application The Tribunal constitute a committee as follows :
"2. In view of the averments made in the application, we are of the view that the factual position needs to be verified and remedial action is required to be taken on the basis thereof by the concerned Statutory Authorities. Accordingly, we constitute a Joint Committee comprising of representative of CPCB, Principal Secretary, Department of Industries, Government of Rajasthan, State PCB and Collector, Jodhpur and direct the same to undertake site visits, look into the grievances of the applicants, verify the factual position and take remedial action in accordance with law by following due process . The State PCB will be the Nodal agency for coordination and compliance.
3. Factual and action taken report may be furnished within two months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF"
3. In compliance of the order, the members of the committee visited the site and submitted the report as follows :
"OBSERVATIN DURING THE VISIT Unit is a textile processing unit having process Mercerizing bleaching, dyening & washing operated on agricultural land having area -32 Bighas at Khasra No.149/1 (4.32 Hectatres and Khasra No. 149/2 (0.80 Hectare) village - Bhandu Kallan Tehsil Luni and District Jodhpur without land conversion permission from competent authority. 2 Unit was inspected in the presence of Shri Devendra Singh (Owner as reported) on 01.09.2022.
The latitude and longiture of the unit w.r.t the two entry gates are 26.1141888N, 72.90586106E and 26.11928547N,72.90522101E.
The photographs, video & drone videography taken during the visit are enclosed.
The mauka fard of the joint committee is enclosed. During inspection, unit was found non-operative. The representative of the industry informed that the unit is non- operational from 2019, however, looking to the site conditions and machinery installed, the possibility of partly operating the unit cannot be ruled out.
During inspection, 30 sheds were found established where Plant & machinery required for textile process related activities were found installed and as informed by representative, they provided above shed with machine on rent to people for operating the textile process related machineries. Details of Plant & machinery installed in different sheds is enclosed.
No waste water treatment facility i.e., Effluent Treatment Plant (ETP) was found installed at site.
Raw water for this industry is procured and the unit also having 2 bore wells in the premises without obtaining permission from CGWA. Records of procurement and utilization of raw water are not maintained. Unit has constructed overhead tank with storage facility and water supply network to supply the water to different shed for operating the textile machines.
Unit has provided a network of waste water collection similar to sewerage network consisting of lateral drains, sub lanes & 3 main trunk to receive the waste water from different sheds which is finally disposed in river Jojhari. During the visit some waste water was found in Jigger, floor of machine section, sludge deposition found on land, waste water was found in collection chamber of drains & main trunk line after seeing this operation of textile activity in unit in past days may not be ruled out.
The joint committee has collected following samples to ascertain the quality of effluent & sludge:
S.No. Sample collected from Number of samples Waste water from drain & 04
1.
chamber in unit premises Sludge deposited on land 01
2. Color chemical 01
3.
Waste water from drain 01
4.
approaching to river Jojari
The samples were analyzed at Regional Lab, RSPCB Jodhpur. The analysis reports dated 13/09/2022 are as mentioned below. As per the analysis reports, the water samples collected shows concentrated metals, high COD etc. The sludge collected also shows very high levels of metal concentration and other parameters.
S. Parameters Collect Collecti Later Later
Cham Waste Sludge
No ion on al al
ber of water sample
Cham Chamb Drai Drai
Main flowing collecte
ber er No. n ndrain in river d inside
No. 01 02 No. No.
going Jojari at the unit
01 02
toward village near
s the Bhandu textile
river after the processi
Jojari conflue ng
inside nce of machin
the the final e
1 Zinc as 0.1795 1.886 4.642 0.4952 1.988 0.521of
unit outlet 177.1
Zn mg/l unit
2 Ph 7.96 13.27 12.33 11.18 10.36 7.75
4
3 Total 228 386 624 198 1122 816
Suspende
d Solids
mg/l
4 Chemica 358 3242 4844 1501 1976 632
l Oxygen
Demand
(COD) mg/l
5 Bio- 88 810 1210 375 494 158
Chemica
l Oxygen
Demand
(BOD) (3
days at
270 C)
mg/l
6 Oil & 4 2 3 3 4 4
Grease
mg/l
7 Copper 0.2477 0.1043 2.49 0.2902 0.1933 0.1337 30.11
as Cu
mg/l
8 Nickel 1.699 1.371 6.539 3.338 0.0649 1.789 610.3
as Ni
mg/l
9 Total 0.5216 0.0039 0.4648 0.0425 0.0209 0.0572 11.43
Chromiu
m as Cr
mg /l
10 Iron as 8.861 0.7873 25.44 1.138 1.022 19.88 2364
Fe as
mg/l
11 Cadmiu NT 0.0235 0.0846 0.0728 0.0649 0.0021 14.22
m as Cd
mg/l
12 Chloride 1824 1982 2212 1180 1640 1162
as Cl
mg/l
13 Ammoni 19.6 3.36 4.48 7.28 16.8 7.28
cal
Nitrogen
as N
mg/l
14 Fluoride 1.3 1.24 1.32 0.92 1.02 1.66
as F
mg/l
No electric connection was found in unit but infrastructure
like transformer & electric line was found established in unit. As per the JEE and AEE of JdVVNL (Jodhpur Vidyut Vitran Nigam Limited), unit‟s electricity disconnection from 11 KVA line has already been done in the year 2019 and since then no 5 electricity connection has been given by the JdVVNL in the area. Copy of letter from AEE, JdVVNL dated 12/09/2022 is enclosed.
The Solid waste i.e. packing material, empty bags of chemical & dyes, unused fabrics etc were found disposed in back side of industry.
No processed or raw cloth/fabric was found during inspection at the site.
Color chemical, Caustic & acid drums were found stored in some of sheds of textile unit, it should be ensured that these chemicals, caustic and acid etc are not utilized and strict vigil be kept on the unit.
It is pertinent here to mention that the representative of the unit informed that he wants to regularize the industry for which unit has applied for conversion of the land titlement at Revenue Department which is under consideration. Copy of the application for land conversion is enclosed. The committee contacted the complainant on the contact no as per the complaint annexed with Hon‟ble NGT order, but the number could not be reached.
The matter was discussed with Patwari of Luni district to call the complainant at the site and she submitted that there are two Mr. Jitendra Singh in Village Bhandu. Letters by both Mr. Jitender are enclosed.
ACTION TAKEN It is also pertinent to mention here that action has also been initiated against the unit in the past, details are as follows: -
The industry had not obtained consent to establish or consent to operate under the Water Act, 1974 from the State Board & not provided any treatment facility therefore the State Board had issued directions for closure under section 33A of the Water (prevention and Control of Pollution) Act, 1974 vide letter dated 08/08/2016.
6 In compliance to Hon‟ble NGT orders passed in the matter of Original Application No. 329/2015 Gram Panchayat Araba V/s State of Rajasthan & Others (O.A no. 358/2013), a committee was constituted by District Collector, Jodhpur on dated 04/05/2019 to conduct the survey & action against illegal units which are discharging untreated trade effluent into river/ drains etc. In compliance to District Collector, Jodhpur order dated 04/05/2019, joint inspection and action against aforesaid industry was carried out on 08/05/2019. During the course of inspection, notice of inspection & notice of intention to have sample analyzed were served to the representative of the industry.
The officials of the State Board carried out survey on 08/05/2019 and observed that the industry was operating illegally and making direct discharge of untreated effluent in river Jojhari. The machinery found during inspection was sealed/dismantled by the Local administration during the action taken between 06/05/2019 to 15/05/2019. State Board has imposed interim environmental compensation of Rs 2.00 Crore on the unit vide letter dated 04/07/2019 however, the same has not been received so far. It is also pertinent here to mention that the unit has filed an appeal before the Appellate Authority constituted under section 28 of the Water (Prevention and Control of Pollution) act, 1974 against the order of environmental compensation imposed by RSPCB. The appeal was registered as Appeal No. 01/2020 titled as Bhawani Singh v/s RSPCB & Others. The appeal is sub- juice before the Appellate Authority.
The applicant applied for consent to establish under the provision of Water (Prevention & Control of Pollution) Act, 1974 in the name of industry M/s Naagnechi Enterprises (Prop. Shri Devendra Singh) for textile units located at Khasra No. 149/2, village Bhandu Kalan, Tehsil Luni, District Jodhpur, which was refused by the State Board on dated 20.02.2020 for the reason mentioned therein.
RECCOMMENDATIONS 7 The unit was found non-operational during inspection however, looking to the site conditions and the machinery the possibility of operating the plant cannot be ruled out and looking into the past track record of illegal operations of the unit, the committee is of the opinion that :-
a. District Authority needs to immediately cancel the Khatedari of the Khasra No. 149/1 and Khasra No. 149/2 under the provision of Rajasthan Tenancy Act and Land Revenue Act.
b. Illegal operation period may be assessed by electricity consumption and water consumption based on the machineries etc. by the respective department‟s viz. Jodhpur Vidhyut Vitaran Nigam Limited (JDVVNL), CGWD & RSPCB and accordingly deterrent penalty may be imposed on the occupier.
c. Department of Police needs to ensure strict vigilance on such illegal units and area for not to allow operation of any industrial activity.
d. Central Ground Water Board, Jodhpur may furnish the detailed list of the permitted borewells and accordingly may imposed environmental compensation on illegal borewell occupiers.
4. In compliance of the order the Rajasthan State Pollution Control Board has submitted the compliance report with the following facts :
i. That in compliance of the recommendations made by the joint committee Sub Divisional Officer, Luni District Jodhpur vide letter dated 09.01.2023 had informed hat Tehsildar Jhanwar has recommended for cancellation of land rights of Khasra No. 149/1 and 149/2 and the same is under consideration as case no. 34/2019 as SDM Court. The last date of hearing in the matter was 8 18.01.2023. The matter is sub-judice at SDM court. The copy of SDO, Luni letter dated 09.1.2023 is enclosed.
ii. The Superintending Engineer 9D.C.) Jodhpur Vidyut Vitaran Nigam Ltd. vide letter dated 04.01.2023 and 17.01.2023 informed that there were two connections issued on Khasra no. 149/1 and 149/2 in the name of M/s Udawat Bricks and M/s Nagneechi Enterprises. The electricity disconnection of both the units has already been done on 08.05.2019. Directions of closure against the unit were issued on 08.08.2016. The details of electricity provided by JVVNL is enclosed. It is further submitted that the State Board vide letter dated 04.07.2019 had already imposed an interim environmental compensation of Rs. 2 Crores against the occupier. The order of interim environment compensation passed by the State Board in sub-judice before the Appellate Authority in Appeal No. 01/2020. iii. The Assistant Police Commissioner, Boranada Commissionerate Jodhpur vide letter dated 05.01.2023informed that the industry was found non- operational during the joint inspection carried out on 01.09.2022. Thereafter, the industry is under vigilance by officials of the police station, Boaranad, Jodhpur (West). Presently, the industry is non-operational. The copy of letter dated 05.01.2023 is enclosed.
iv. The application submitted by the unit for NOC from CGWA was rejected on 24.05.2018.
5. The District Magistrate, Jodhpur (Respondent No. 7) has submitted that in view of the suggestions submitted by the Joint Committee the appropriate actions have been initiated and proceeding for cancellation of land rights have initiated and are pending before 9 the court of sub Division Officer, Luni, District Jodhpur. The Respondent no. 8 & 9 have submitted that after allotment of the land the applicant moved an application for consent to establish before the Rajasthan State Pollution Control Board but it was kept pending and after long interval Electricity Department without any notice disconnected the connection and the Police Department demolished the entire unit against which a petition has been filed before the Hon‟ble High Court vide Writ Petition No. 119 of 2023. Order of Hon‟ble Court is quoted below :
"03.02.2023 Mr. Sajjan Singh Rathore, learned counsel for the respondent seeks some time to file the reply to the writ petition. .
Time prayed for is allowed.
List the matter on 20.02.2023.
Meanwhile and till the next date of hearing the respondent shall not recover the amount due from the petitioner in pursuance of the notice dated 04.07.2019.
The respondent will be at liberty to file an appropriate application for vacation of the interim order."
6. The matter was taken up by this Tribunal on 10.10.2022 and the Chief Secretary, State of Rajasthan was directed to submit the compliance report. In response thereof the compliance report/reply have been filed on 10.05.2023 with the following facts :
1. The office of the Answering Respondent has from time to time ensured that the concerned departments have acted in consonance with settled laws by following the procedure prescribed in relevant Acts, Rules. and law settled by the Hon‟ble Supreme Court as well as this Hon‟ble Tribunal. It is submitted that the Answering Respondent has taken action for execution of the recommendations of the joint committee through various departments, the details of which are as follows: -
A) Sub- Divisional Officer. Luni, District- Jodhpur vide letter dated 09/01/2023 had informed that Tehsildar-.Jhanwar has recommended for cancellation 10 of land rights of Khasra no-149/01 and 149/02 arid the same is under consideration as case no- 34/2019 at SDM court. The last hearing of the case was on 18/01/2023. The matter is sub-judice at SDM court.
B) As per the information provided by Superintending Engineer (D.C), .Jodhpur Vidyut Vitaran Ntgam Ltd Vide letter dated 04/01/2023 and 17/01/2023, there were two connections issued on Khasra no-149/01 and 149/02 in the name of M/s Udawat Bricks and M/s Nagnechi Enterprises.
The electricity disconnection of both the units was done on 08/05/2019. At present there is no electricity connection.
C) As per the information provided by the Office o1 the Assistant Police Commissioner, Boranada, Cornmissionerate Jodhpur, vide letter dated 05.01.2023, the industry was found now- operational during the joint inspection carried out on 01/09/2022. Thereafter, the industry is under vigilance by officials of the Police station, Boranada, Jodlipur (West) and the industry is non- operational.
D) Jal Shakti Mantralaya, WRD, CGWB, Western Region vide letter dated I 5/01/2023 informed thdt M/s Nagnechi Enterprises, Khasra no- 149/2, applied for NOC from CGWA for the abstraction of ground water upto 650 KLD vide application dated 15/04/201 S. However, due to incomplete documents submitted by the industry, the application for NOC from CGWA was rejected or 24/05/2018. As per the available records of the office of CGWA, as on date neither any NOC has been issued on the referred khasra neither 149/02 nor any NOC is pending.
2 Thai the present original application is preferred by the applicant against Mr. Bhawani Singh S/o Mr. Mod Singh and Mr. Devendra Singh S/o Mr. Bhawani Singh, located at Khasra No.149/1 and Khasra No.149/2, Village Bhandu 11 Kallan, Tehsil Luni, District - Jodhpur was operating illegal textile unit on agricultural land without adopting facility for treatment of trade effluent generated front the textile processing activity and discharging untreated waste water directly into river Jojri.
3 It is pertinent to Note that a similar issue was dealt with by this Hon‟b1e Tribunal in Original Application No. 329/2015 titled as „Grant Panchayat Araba a Vs State of Rajasthan & Others‟. In compliance of the directions passed by the Hon‟ble Tribunal in said matter, all the illegally operating units were inspected by the State officials from District Administration, RSPCB, Police Department, Electricity Department etc. During the course of inspection on 05.05.2019, the unit was found illegally operating, therefore, the plant & machinery of the disputed unit were sealed/dismantled.
4 That the Rajasthan State Pollution Control Board vide order dated 04.07.2019 imposed an Interim Environment Compensation of Rs. 2 Crores u/s 33A of Water (Prevention & Control of Pollution) Act. 1974 against the unit ft)t violation of Environmental Laws and illegal operation of the unit. It is submitted that the said order was subsequently challenged before the Appellate Authority, bearing Appeal No. 01/2020. Presently, the pleadings in said appeal are complete and the same is at the final stage.
5 Thereafter, Tribunal vide order dated 23.01 .2023 directed the Ld. Appellate Authority to decide the pending appeal within 03 months. It is pertinent to mention here that the Respondent Bhawani Singh filed an SBCW No. 119/2023 titled as Bhawani Singh Vs RSPCB‟ challenging the order dated 04.07.2019 issued by RSPCB, before the Hon‟ble Rajasthan High Court at Jodhpur. The Hon‟ble High Court granted interim protection to the respondent by order dated 03.02.2023. Copy of the order dated 03.02.2023 passed by the Hon‟ble High Court of Rajasthan at Jodhpur in SBCW No. 119/2023 is annexed.
6 That the recommendations made by the Joint Committee have been implemented and regular vigilance will be made by the Police to ensure that the unit shall not operate illegally, As far 12 as environmental compensation is conceded, the same shall be decided as per directions of the Hon‟ble Court in SBCW No. 119/2023.
7 In the present matter, the recommendations of the Joint Committee have been implemented, further action against the unit will be taken as per law or as per outcome of the pending proceedings before various Courts.
7. On 06.10.2023 the respondent no. 1 has further filed the compliance report with the facts that :
(1) The matter is pending before Sub Divisional Magistrate (Revenue) Luni, Jodhpur as case no. 34 of 2019. (2) Another matter is pending before the Hon‟ble High Court of Rajasthan, Jodhpur as SB Civil W.P. No. 119 of 2023.
8. In view of the above submission Learned Counsel for the Rajasthan Pollution Control Board has submitted that the order has been executed by the authorities concerned and so far as the deposition of environment compensation, the matter is pending before the Hon‟ble High Court Jodhpur in the above noted Writ Petition and will be decided in accordance with the directions of Hon‟ble High Court. In view of the above facts, we finally dispose of this application and direct the authorities concerned to act in accordance with the directions and decision taken by the competent revenue court and Hon‟ble High Court. Accordingly the Original Application no. 104/2023 (CZ) stands disposed of.
Sheo Kumar Singh, JM Dr. A Senthil Vel, EM 8th January, 2024 O.A. No. 104/2023 (CZ) K 13