National Green Tribunal
M C Mehta vs Union Of India on 3 May, 2017
Author: Swatanter Kumar
Bench: Swatanter Kumar
BEFORE THE NATIONAL GREEN TRIBUNAL,
PRINCIPAL BENCH, NEW DELHI
Original Application No. 200/2014
(M.A. No. 486 of 2017, M.A. No. 488 of 2017, M.A. No. 502 of 2017 & M.A. No. 503 of
2017)
(C.W.P. No. 3727/1985)
And
Original Application No. 501 of 2014
(M.A. No. 404 of 2015)
And
Original Application No. 146 of 2015
And
Appeal No. 63 of 2015
And
Original Application No. 127 of 2017
And
Original Application No. 133/2017
(W.P. (C) No. 200/2013)
IN THE MATTER OF : -
M.C. Mehta Vs. Union of India & Ors.
And
Anil Kumar Singhal Vs. Union of India & Ors.
And
Society for Protection of Environment & Biodiversity & Anr.
Vs.
Union of India & Ors.
And
Confederation of Delhi Industries & CETP Societies
(An Organisation of CETP Societies)
Vs.
D.P.C.C. & Ors.
And
J.K. Srivastava Vs. Central Pollution Control Board & Ors.
And
Swami Gyan Swarop Sanand Vs. Ministry of Home Affairs & Ors.
CORAM : HON'BLE MR. JUSTICE SWATANTER KUMAR, CHAIRPERSON
HON'BLE DR. JUSTICE JAWAD RAHIM, JUDICIAL MEMBER HON'BLE MR. BIKRAM SINGH SAJWAN, EXPERT MEMBER HON'BLE DR. AJAY A DESHPANDE, EXPERT MEMBER HON'BLE DR. NAGIN NANDA, EXPERT MEMBER Present Applicant: Mr. M.C. Mehta and, Ms. Katyani, Ms. Mehak Rastogi, Advs.
Mr. Salik Shafique, Ms. Upama Bhattarjee, Advs. for Mr. Sanjay Upadhyay, Adv., Indian Chemical Council and Jubilant Life Sciences Dr. Pravin Kumar, Director, Dr. Hema Patel, PO and Mr. Kumar Ajitabh, Legal Officer Mr. Rashid Saeed, Adv. for CETP Ms. Sweta Rani, Adv. for Pinnacle Law Firm Ms. D. Bharathi Reddy, Adv. for U.K. Mr. Pradeep Misra and Mr. Daleep Dhayani, Advs. for UPPCB Mr. B.V. Niren, Adv. for CGSC and CGWA Mr. Mukesh Verma and Mr. Bikash Kumar Sinha, Advs. Ms. D. Bharathi Reddy, Adv. for State of Uttarakhand Mr. I.K. Kapila, Adv. for UP Jal Nigam and Kanpur Nagar Nigam Mr. S.A. Zaidi and Mansi Chahal, Advs. for Leather Industries.
Ms. Panchajanya Batra Singh, Adv for Ministry of Environment, Forest and Climate Change with Mr. R.N. Jindal, Sect. MoEF Ms. Antima Bajaj, Adv. for AIDA & for Jain Distillery Mr. Suraj Prakash Singh and Ms. Pushpila Bisht, Advs. for UPSMA and AIDA Mr. Abhishek Yadav, Adv.
1 Mr. Amit Agarwal and Ms. Asha H. Basu , Advs. Mr. Atul Batra, and Mr. Kundan, Advs. for Mother Dairy, Pilakhua Unit Mr. Manoj Kumar, Adv. for Mr. Moni Cinmoy, Adv. Mr. V.K. Shukla, Adv. and Ms. Vijaya Lakshmi, Adv. for State of MP Mr. Sanjeev Ralli, Adv. Mr. Dinesh Jindal, LO, Delhi Pollution Control Committee Mr. Narender Pal Singh, Adv. Mr. Dinesh Jindal, LO, Delhi Pollution Control Committee Mr. Ishwer Singh, Adv. for (Tech.), NMCG, Mr. Sravan Kumar Kota, Research Officer and Mr. Praveen Kumar, Director, NMCG Mr. Gautam Singh and Mr. Raudhreshwar Singh, advs. Mr. Ravindra Kumar, Adv.
Ms. Neelam Rathore and Ms. Bhawna Gera, Advs. for Association of Textile Processor & Uttar Pradesh Dyes & Bleachers Associations (Micro & Small) & MLA Group & Chamber of Indian Trade & Industry Ms. Yogmaya Agnihotri, Adv.
Ms. Divya Prakash Pande, Adv., Ms. Alpana Poddar, Mr. Rajkumar, Adv. & Mr. Bhupender, LA, CPCB Mr. Krishna Kumar Singh, Adv. for MoEF Mr. Jayesh Gaurav, Adv.
Mr. Mukesh Kumar and Mr. Bikas Kumar Sinha, Advs. Ms. Priyanka Sinha, Adv. for State of Jharkhand Date and Orders of the Tribunal Remarks Item No. 52 to 57 The Central Pollution Control Board submits that May 03, 2017 Report of the Joint Inspection Team will be finalized sn during the course of the day and filed by tomorrow. Let the entire Report in relation to all the industries be put up on the website of Central Pollution Control Board as well as on the website of Ministry of Environment, Forest and Climate Change and NMCG. It is for the parties to file their response, if they so desire.
List this matter on 5th May, 2017.
It has been brought to the notice of the Tribunal that the huge quantity of hazardous waste generated from the e-waste processing, which is in powder form is being dumped indiscriminately on the bank of river Ram Ganga at Muradabad. This fact has been duly verified in the Joint Inspection conducted by Central Pollution Control Board. 2 There is also no dispute to the fact raised before us that Item No. this hazardous waste is highly polluting and would 52 to 57 May 03, introduce heavy metals into the river which will be very 2017 injurious to human health and environment. It is also sn revealed during the course of the submission that all authorities are escaping from responsibility for removal of this waste and its appropriate disposal in accordance with the Hazardous Waste Rule and shift game is on for a considerable period.
We are of the considered view that it is the responsibility of the UPPCB, Uttar Pradesh Jal Nigam, Government of Uttar Pradesh, Irrigation Department in particular and all the Local authorities responsible including Local Police. It is not an issue on which the State and its various instrumentalities should be at variance or to take recourse to the blame game and they should collectively operate to ensure protection of environment and public health. It is such a serious pollutant that it cannot be permitted to be staged on the river bank whatever be the cost, whatever be the procedure adopted. Resultantly, we hereby constitute a Committee headed by the District Magistrate, Muradabad, where a senior nominee of the Member Secretary of Uttar Pradesh Pollution Control Board, Government of Uttar Pradesh, Irrigation Department, Uttar Pradesh Jal Nigam, Muradabad Municipal Corporation and Muradabad Nagar Nigam and DSP of the concerned area would be the Members of the Committee.
This Committee will ensure removal of such 3 hazardous waste from the bank of river Ramganga within Item No. one week from today.
52 to 57 May 03, The hazardous waste should be transported and 2017 disposed of strictly in accordance with the Hazardous sn Waste Rules. It should be ensured that during the course of removal no part of this waste is permitted to go in the water of river Ramganga. The work shall be executed within the time afore-stated. Each officer including the Chairman of the Committee would be personally responsible for the compliance of this Order. The Compliance Report shall be filed within two weeks from today.
All the industries concerned there and the places where the electronic waste is being handled/processed shall be informed that any person throwing such a waste on the river bank shall be liable to pay environmental compensation of Rs. 50,000/- to Rs. 1 lakh, depending on the quantum of the waste being thrown. This cost will be recovered by the SDM of the concerned area as an arrear of land revenue, in the event of default. The Committee or any of its officer would bring to the notice of the Tribunal, if any person failed to deposit and pay the environmental compensation in the event of the default of compliance.
The cost incurred for disposal of the hazardous waste by the Government and the Pollution Control Board will be recovered from all the persons who are involved in the illegal activity of handling and processing the electronic waste in the city of Muradabad. However, the environmental compensation would be released at the 4 subsequent stage, but in the first instance, it would be Item No. incurred by the State of Uttar Pradesh and UPPCB. 52 to 57 May 03, List these matters on 5th May, 2017. 2017 sn ..........................................,CP (Swatanter Kumar) ..........................................,JM (Dr. Jawad Rahim) ..........................................,EM (Bikram Singh Sajwan) ..........................................,EM (Dr. Ajay A Deshpande) ..........................................,EM (Dr. Nagin Nanda) 5