National Green Tribunal
Mr. Tejas Chandrakant Yadav vs M/S. K K Nag Pvt. Ltd on 17 February, 2025
Author: K. Satyagopal
Bench: K. Satyagopal
Item No.1 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
[Through Physical Hearing (with Hybrid Option)]
ORIGINAL APPLICATION NO.12 OF 2025 (WZ)
Tejas Chandrakant Yadav ... Applicant
Versus
M/s K.K. Nag Pvt. Ltd. & Ors. ... Respondents
Date of Hearing : 17.02.2025
CORAM : HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. K. SATYAGOPAL, EXPERT MEMBER
Applicant : Mr. Om Vilas Tapkir, Advocate along with Mr. Viraj Pawar
and Mr. Kushal Kulkarni, Advocates
ORDER
1. This application has been filed with the prayer that a direction may be issued to respondent No.2 - CPCB and respondent No.3 - MPCB to immediately shut down the operations of respondent No.1 - M/s K K Nag Private Ltd., which is said to have violated the terms and conditions of the Consent to Operate (CTO) dated 17.10.2024 granted by respondent No.3 - MPCB, which is valid upto 31.03.2028, annexed as Annexure-F at pages 54 to 62 of the paper-book, wherein under General Conditions, relevant condition Nos.17 and 31 are as follows:
"17. Separate drainage system shall be provided for collection of trade and sewage effluents. Terminal manholes shall be provided at the end of the collection system with arrangement for measuring the flow. No effluent shall be admitted in the pipes/sewers downstream of the terminal manholes. No effluent shall find its way other than in designed and provided collection system.
31. You shall strictly comply with the Water (P&CP) Act, 1974, Air (P&CP) Act, 1981 and Environmental Protection Act, 1986 and Page 1 of 3 industry specific standard under EP Rules 1986 which are available on MPCB website (www.mpcb.gov.in)."
2. Learned counsel for the applicant states that a site visit was conducted by respondent No.3 - MPCB on 09.12.2024, copy of which is annexed as Annexure-J at pages 77 to 80 of the paper-book, wherein under `Specific Observations', following is recorded to have been found during the visit:
"....... During the visit ETP was not found in operation. Industry has provided a bypass arrangement from ETP inlet to MIDC drainage line, during the visit by pass waste water disposal was not found operation. Sample collected from ETP inlet, Treated water disposal details not available during visit. As per information given by Industry representative, treated water sprinkling of boiler ash, sample collected from ETP outlet tank. For the Domestic effluent industry has provided septic tank and overflow of the same is connected to MIDC sewer line. Boiler Ash is stored in premises unscientifically, now provided a covered shed for the storage of boiler ash. Industry has obtained EPR from Board on 23.11.2022......"
3. Learned counsel states that in view of the above, having informed during the site visit, an application was moved before respondent No.3 - MPCB on 19.12.2024, coy of which is produced on record at pages 85 to 87 of the paper-book, which is in Marathi language, English version of which is not submitted on record. But it is submitted by the learned counsel that in the said application, it has been clearly mentioned that the ETP was not found in operation of the Industry in question and that for the domestic effluent, respondent No.1 Industry has provided septic tank and overflow of the same is connected to MIDC Sewer line and is treating the boiler ash unscientifically. So, whether all these violations, which are cited, have been addressed and action has been taken by MPCB or not against respondent No.1 Industry, has to be clarified by them. Therefore, we direct the Registry Page 2 of 3 to issue notice to respondent No.3 - MPCB at present, directing them to submit their reply within two weeks.
4. Put up this matter for next consideration/hearing on admission on 07.03.2025.
Dinesh Kumar Singh, JM Dr. K. Satyagopal, EM February 17, 2025 ORIGINAL APPLICATION NO.12/2025(WZ) npj Page 3 of 3