National Green Tribunal
U.R. Beniwal vs State Of Rajasthan on 30 May, 2018
BEFORE THE NATIONAL GREEN TRIBUNAL,
PRINCIPAL BENCH, NEW DELHI
Original Application No. 329 OF 2015
(M.A. NO. 283 OF 2018)
And
Original Application No. 521 of 2015
And
Original Application No.448 (THC)/2013
(CW 4050/12)
(M.A. No. 1228/2015 & M. A. No. 513/2017)
And
M.A No. 832/2014
In
Original Application No. 358(THC)/2013
And
Original Application No. 20(THC)/2015
And
Original Application No.446 (THC)/2013
(CW 7932/11)
(M.A No. 811/2015)
IN THE MATTER OF :-
Gram Panchayat ARABA Vs. State of Rajasthan & Ors.
And
M.M. Charitable Trust Vs. State of Rajasthan & Ors.
And
U.R. Beniwal Vs. State of Rajasthan & Ors.
And
Laxmi Suiting Vs. State of Rajasthan & Ors.
And
Ramesh Vs. State of Rajasthan & Ors.
And
Multan Singh Vs. State of Rajasthan & Ors.
CORAM : HON'BLE MR. JUSTICE RAGHUVENDRA S. RATHORE, JUDICIAL MEMBER
HON'BLE DR. SATYAWAN SINGH GARBYAL, EXPERT MEMBER
Present: Applicant /Appellant Mr. Jaideep Singh, Adv., & Mr. T. Gopal, Advs
State of Rajsthan & RSPCB Mr. Shiv Mangal Sharma AAG Mr. Saurabh
Rajpal,Mr. Adhiraj Singh, Ms. Shikha
Sandhu and Mr. Vikramjeet Singh, Advs.
CPCB Mr. Rajkumar, Adv & Ms. Niti Choudhary, L.A.
JPNT Mr. Pinaki Misra, Sr. Adv.Mr. Rishabh
Sancheti, Adv.
MoEF Mr. Krishna Kumar Singh, Adv.
CGWA Mr. A.K. Prasad and Mr. Shashank Saxena,
Advs.
RIICO Mr. Keshav Pareek Adv. for Mr. Sanjeet
Puruhit Adv. with Mr. Vineet Gupta, SRM and
Mr. Praveen Choudhary, JLO
: Mr. Pinaki Mishra, with Mr. Vinay Kothari,
Advs.
Date and Orders of the Tribunal
Remarks
Item No.
21-26
Heard the Learned Counsels for the parties and also
May 30,
2018
perused the report submitted by the Commissioner on 21st
May, 2018. After considering the status of Common
Effluent Treatment Plant and the observation made by the
Commissioner in respect of the following industries:
1.M/s. Rishabh, Creations, Nakoda Industrial Area
2. M/s. Vertex Industries, Nakoda Industrial Area
3. M/s. Sarvotam Prints, Nakoda Industrial Area Item No. 21-26 4. M/s. Laksya Prints, Near Nakoda Industrial Area May 30,
5. M/s. A K International Plot No.2, Nakoda Industrial 2018 Area
6. M/s. Sruendra Impex, Plot No.2, Nakoda Industrial Area
7. M/s. Reliable Steel
8. M/s. Chanchal Industries
9. Daulat Industries, Heavy Industrial Area, Jodhpur
10. Rajasthan Battery, 25, LIA Opposite ITI Jodhpur
11. M/s. Sorabh Textiles, 24 A LIA, Jodhpur
12. M/s. S. Kumar Industries, 8 B, LIA, Jodhpur
13. M/s. Osian Impex, 36 (1) HIA, Jodhpur
14. M/s. RamaGlobal 21(2)-& 22(1)-A HIA, Jodhpur
15. M/s. Mohanlal Textiles, 19D, HIA, Jodhpur
16. M/s. Mohanlal V N Exports, HIA Jodhpur
17. M/s. B. P. B. (India), G-625, MIA, 2nd Phase, Basni (S. S. Steel Patta/Patti)
18. M/s. Kothari Textile, F-627, MIA, 2nd Phase, Basni
19. M/s. Rajesh Metals G-624, MIA, 2nd Phase, Basni (S. S. Steel Patta/Patti), we order that the same shall be closed down forthwith. The Collector, Jodhpur and the Commissioner of Police, Jodhpur shall ensure that this order is complied with immediately.
These industries, after rectifying the deficiencies or any other lacuna pointed out by the Commissioner, are free to approach the Rajasthan State PCB for inspection.
The said inspection shall be done by none other than the Item No. 21-26 Member Secretary of the Board. The industries on May 30, clearance being given by the Member Secretary in all 2018 respects, will commence only after obtaining orders from this Tribunal.
These are part heard matters. List these matters on 18th June, 2018.
..........................................,JM (Raghuvendra S. Rathore) ..........................................,EM (Dr. Satyawan Singh Garbyal) (30.05.2018) sn Addendum No. 1 Status Report submitted on CETPs, STPs and Industrial Pollution in Jojari River (Jodhpur to Balotra, Rajasthan) in reference to Hon'ble National Green Tribunal (NGT), New Delhi order dated 16.03.2018 in the matter of Original Application No. 329 of 2015 Gram Panchayat Araba V/s. State of Rajasthan & others MAY 27, 2018 This is with reference to the status report submitted on 18.05.2018 in compliance of the order dated 16.03.2018 passed in Original Application No. 329 of 2015 by Hon'ble National Green Tribunal, Principal Bench, New Delhi. It is to bring to your kind notice that the following corrections shall be incorporated in the submitted status report which has occurred due to typographical errors. These modifications shall be made to the appropriate section and shall become the part of status report.
1. The name of industry mentioned in S. No. 8 of Table 2.3 on page no. 8 under section 2.1.2, i.e. "M/s Mohanlal V N Exports, HIA, Jodhpur" shall be read as "M/s V N Exports, HIA, Jodhpur".
2. As mentioned in "Table 2.3: Status of some industries during inspection on 06/05/2018", Court Commissioner inspected eight industries mentioned under S. No. 1, 2, 3, 4, 5, 6, 7 and 8 of Table 2.3 on 06/05/2018. However, in respect of other three remaining industries mentioned under S. No. 9, 10 and 11 of Table 2.3 on page no. 8 (i.e. M/s B. P. B. (India), G-625, MIA; M/s Kothari Textiles, F-627, MIA; M/s Rajesh Metals, G-624, MIA), data was recorded subsequently, which was shared with me on 09 May 2018. The said Data was received by the undersigned, after leaving Jodhpur. Due to typographical error, these three industries were also wrongly included in Table 2.3. Thus Table 2.3 (earlier Table) has been regrouped in two new Tables, viz. Table 2.3(a) and 2.3(b) after incorporation of needful corrections, as given below. The same should be read as under:
Table 2.3(a): Status of some of the industries during inspection on 06/05/2018 S. Name of Observations/ Remarks No. Industry
1. Daulat industries, The industry is running without taking care any safety and Heavy Industrial environmental issues. Being steel industry, not even a single Area, Jodhpur (Fig. exhaust fan has been found. The condition of laborers is the 2.7a) worst. They do not have helmets, masks, glasses (not even a single helmet and mask was found at the time of inspection). No flow meters, no pH meter reading, no mechanism to store sludge etc. No Primary Treatment Plant (PTP). No record of inlet flow rate.
Add-1
2. Rajasthan Battery, Though flowmeter was installed, it was not working properly.
25, LIA, Opposite Thus, it cannot be ensured that industry discharge permissible ITI quantity of wastewater. No logbook maintained of inlet Jodhpur flowrate. No Primary Treatment Plant (PTP). (Fig. 2.7b)
3. M/s Sorabh Though flowmeter was installed, discharge is not recorded Textiles, 24A, LIA, accurately as it is not working properly. No logbook maintained Jodhpur of inlet flowrate. No Primary Treatment Plant (PTP). (Fig. 2.7c)
4. M/s S Kumar Though flowmeter was installed, discharge is not recorded Industries, 8B, accurately as it is not working properly. No logbook maintained LIA, Jodhpur of inlet flowrate. No Primary Treatment Plant (PTP). (Fig. 2.7d)
5. M/s Osian Impex, Though flowmeter was installed, discharge is not recorded 36(1) HIA, accurately as it is not working properly. No Logbook Jodhpur maintained of inlet flowrate. No Primary Treatment Plant (PTP) (Fig. 2.7e) though initial collection tank exists. Though wastewater is first going to JPNT line but at the next manhole, its entire industrial wastewater was carried to RIICO drain through an illegal pipeline from this manhole. The pH was 14 at both samples.
6. M/s Rama Though flowmeter was installed, discharge is not recorded Global, 21(2)- accurately as it is not working properly. No Logbook &22(1)-A HIA, maintained of inlet flowrate. No Primary Treatment Plant (PTP) Jodhpur though initial collection tank exists. Though wastewater is first (Fig. 2.7f) going to JPNT manhole from which it goes to RIICO drain through an illegal pipeline from this manhole. pH was 14 at both samples.
7. M/s Mohanlal Though flowmeter was installed, discharge is not recorded Textiles, 19D, accurately as it is not working properly. No logbook maintained HIA, Jodhpur of inlet flowrate. No Primary Treatment Plant (PTP). (Fig. 2.7g)
8. M/s V N Exports, Though flowmeter was installed, discharge is not recorded HIA, accurately as it is not working properly. No logbook maintained Jodhpur of inlet flowrate. No Primary Treatment Plant (PTP). The (Fig. 2.7h) effluent was going directly to RIICO drain.
Add-2 Table 2.3(b): Status of few other industries based on the information received on 09/05/2018 (after the site visit)
1. M/s B. P. B. No proper helmet and mask was being used in the industry.
(India), G-625, Flowmeter was non-functional. No logbook maintained of inlet nd MIA, 2 Phase, flowrate. Primary Treatment Plant (PTP) was non-functional.
Basni (S.S Steel Industrial wastewater was flowing in the RIICO drain in front of
Patta/Patti) the industry.
(Fig. 2.7i)
2. M/s Kothari Flowmeter was non-functional. No logbook maintained of inlet
Textiles, F-627, flowrate. No Primary Treatment Plant (PTP). The industry was
MIA, 2nd Phase, discharging industrial wastewater to the RIICO drain.
Basni (Fig. 2.7j)
3. M/s Rajesh Metals, No proper helmet and mask was being used in the industry. No
nd
G-624, MIA, 2 Flowmeter installed. No logbook maintained of inlet flowrate.
Phase, Basni (S.S No Primary Treatment Plant (PTP). The industrial wastewater
Steel Patta/Patti) was being discharged to the RIICO drain through an opening of
(Fig. 2.7k) CETP pipeline.
3. The last sentence on page no. 13 (fifth bullet point under OBSERVATIONS section), i.e. "The detailed analysis report is enclosed at Annexure-III." shall be read as "The detailed analysis report is enclosed at Annexure-II(A6) as attached herewith as part of this Addendum."
Add-3 Annexure-II(A6) Add-4 Annexure-II(A6) Continued...
Add-5 Annexure-II(A6) Continued...
Add-6 Annexure-II(A6) Continued...
Thanking You, Sincerely Yours (Ajit Pratap Singh) Court Commissioner Add-7