National Green Tribunal
Kantha Vibhag Yuva Koli Samaj ... vs Gujarat Pollution Control Board on 5 August, 2020
Item No. 3 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(Through Video Conferencing)
Original Application No. 32/2020 (WZ)
Kantha Vibhag Yuva Koli Samaj Applicant(s)
Versus
Gujarat Pollution Control Board & Ors. Respondent(s)
Date of hearing: 05.08.2020
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. SATYAWAN SINGH GARBYAL, EXPERT MEMBER
For Applicant(s) : Ms. Shilpa Chohan, Advocate
For Respondent(s) : Mr. G.S. Trivedi, DCEE- for GPCB
Mr. R.R. Panchal, L.O.
ORDER
1. The Applicant is aggrieved by the irreversible damage caused to the fragile coastal ecology of the Mindhola Creek due to illegal dumping of the untreated toxic effluents from a Polyester Resin Plant of R- 8/Paras Enterprise and have filed this Original Application under Section 14 and 15 of the National Green Tribunal Act, 2010 against violation of the provisions the Water (Prevention and Control of Pollution) Act, 1974 and Water (Prevention and Control of Pollution) Rules, 1975; The Air (Prevention and Control of Pollution) Act, 1981 and The Air (Prevention and Control of Pollution) Rules, 1982, The Environment (Protection) Act, 1986 and the Environment Impact Assessment Notification, 2006.
2. In addition, violation of Manufacture, Storage and Import of Hazardous Chemicals (MSIHC) Rules, 1989 and amendments thereafter, Hazardous Waste (Management, Handling and 1 Transboundary Movement) Rules, 2008 by R-8/Paras Enterprise are brought to the notice of the Ld. NGT by way of this Application. The Applicant further submits that the Respondents are in total non compliance with Hon'ble NGTs directions in the Original Application No. 95/2018 (Aryavart Foundation Vs. M/s Vapi Green Enviro Ltd. & Ors.) and the directions issued in the Original Application No. 673/2018 (Suo Motu Case on "More River Stretches are polluted than before") and O.A 727/2018.
3. The OA raises a substantial question of environment namely can a polluting industry or process such as synthetic organic chemical industry be allowed to discharge untreated industrial toxic effluents in the GIDC drain which flows into Mindola Creek/river without valid Consent to Operate (CTO/CCA) and Environment clearance for a period of more than five years with the due knowledge and collusion of the regulatory agencies. On coming to know of these violations in order to cover its acts of omission and commission Gujarat Pollution Control Board (GPCB) (R-l) has misused its powers to impose an arbitrary low 'environment damage compensation' of Rs 5 lakhs without any scientific basis to ensure that the compensation is commensurate with the permanent, irreversible damage caused to the environment and ecology of the Mindhola Creek system. The GPCB/R-1 has permitted R-8 to go scot free after causing water, air, land pollution from operation of the hazardous industry for a period of 5 years with no penal, monetary consequences. There is a need for preparation and implementation of a remediation plan for restoration and restitution of the environment and the cost to be borne by R-8.
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4. Issue notice to the respondents. Notice made returnable within four weeks.
5. Applicant is directed to take required step for service to the respondents by both ways, Dasti as well as by Registered Post and also send the required documents by available e-mail within three days.
6. Service of notices, summons and pleadings etc. have not been possible during the period of lockdown because this involves visits to post offices, courier companies or physical delivery of notices, summons and pleadings. We, therefore, consider it appropriate to direct that such services of all the above may be effected by e-mail, FAX, commonly used instant messaging services, such as WhatsApp, Telegram, Signal etc.
7. The applicant is directed to provide the mobile WhatsApp no. and e-mail address of all the respondents, if possible and applicants and respondents are directed that at the time of filing the application or reply, the party concerned has to provide WhatsApp no. and e-mail I.D. so that the summons and notices may be served immediately for compliance and for further disposal and proceeding of the case.
8. The respondents are directed to file their reply within six weeks by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.
9. We deem it just and proper to constitute a Committee consisting (i) Collector, Surat, (ii) Gujarat Coastal Zone Management Authority and (iii) Representative of Central Pollution Control Board (CPCB) 3 and to direct them submit a factual and action taken report. Report be submitted within six weeks.
10. Let a report in the matter be filed by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.
11. The applicant is directed to provide copy of the application and all relevant papers to the Committee within a week by post and also by available e-mail.
12. List it on 02.12.2020.
Sheo Kumar Singh, JM Dr. Satyawan Singh Garbyal, EM August 05, 2020 Original Application No. 32/2020 (WZ) MN 4