National Green Tribunal
S. Pugazhendhi vs Tamil Nadu State Pollution Control ... on 7 September, 2016
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Application No. 34 of 2015 (SZ) (THC)
Applicant(s) Respondents
S.Pugazhendhi Tamil Nadu State Pollution Control No.123, Meenavar Street, Board thro' the Member Secretary Cuddalore Taluk & District And others
2. S.Sivasankar,Cuddalore
3. G.K.Amirthalingam, Cuddalore Legal Practitioners for Applicant(s) Legal practitioners for respondent(s) M/s.Ritwick Dutta and Rahul Mrs.H.Yasmeen Ali for R1 Choudhary M/s.Abdul Saleem, Saravanan and Vidyalakshmi for R2 Mr.D.S.Ekambaram for R3 M/s.M.K.Subramanian and P.Velmani for R4 Note of the Orders of the Tribunal Registry Date: 7th September, 2016 Item No.3 We have heard Mr.Ritwick Dutta, learned counsel appearing for the applicant as well as learned counsel appearing for the respondents.
It is seen from the study made in September, 2014 in respect of ground water quality in SIPCOT, Cuddalore based on the analysis of the samples taken by the Tamil Nadu Pollution Control Board that the ground water in and around SIPCOT Industrial Estate is heavily contaminated including cadmium and is not suitable for drinking or other purposes involving contact with humans or cattle.
The samples taken from 10 out of 11 localities show that Cadmium level was 5 to 128 above permissible limits in samples collected from SIPCOT Project Office; it was 3 to 125 times above limits in samples collected from Kudikadu overhead tank; it was 3 to 130 times above limits in samples collected from M/s.Tagros and it was 3-128 times above limits in samples collected from samples collected from the premises of M/s.Chemplast Sanmar.
The Central Pollution Control Board (CPCB) in its report also states that the environment quality monitoring carried out by CPCB during 2011 and 2013 show that Mercury, Nickel, Manganese and Iron exceeds the permissible limit atleast in one or two locations. The CPCB has requested all the Chief Secretaries of States in which CPAs are located to constitute State Level Committees under the Chairmanship of Chief Secretary to ensure regular review of implementation of Action Plans, thereby preventing the degradation of environmental quality of the CPAs.
The 4th respondent is yet to file its reply. Considering the gravity of the situation, we are of the view that pending further orders from this Tribunal, the residents of SIPCOT, Cuddalore should be provided with safe drinking water by the Government, however, making recovery of the cost from SIPCOT under "polluter pays"
principle.
The 4th respondent shall make immediate arrangement for the purpose of supply of drinking water facilities to all the residents in the SIPCOT Cuddalore area and report the same on the next date of hearing.
Even though it is stated in the study made based on the Tamil Nadu Pollution Control Board report that the level of Cadmium is very high, the Pollution Control Board has chosen to state in its report dated March, 2015 that though TDS, total hardness and Cadmium exceeds the drinking water standards, none of the industries in SIPCOT Industrial Complex are using Cadmium and Nickel as raw material or as finished products.
In these circumstances, we direct the State Pollution Control Board to make a fresh analysis of the water samples and file a Status Report on the next date of hearing.
Post this application on 29.09.2016.
.............................................., JM (Justice Dr.P. Jyothimani) ..............................................,EM (Shri P.S. Rao)