National Green Tribunal
Aditya Singh Chauhan vs Gujrat Pollution Control Board on 20 July, 2023
Item No.4 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)
Original Application No. 91/2023 (WZ)
Earlier Dy. No. 2704105002152023
I.A. No. /2023(WZ)
Mr. Aditya Singh Chauhan
.....Applicant
Versus
Gujarat Pollution Control Board & Ors.
....Respondent(s)
Date of hearing: 20.07.2023
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant : Mr. Ajit Kumar Singh, Advocate
ORDER
I.A. No. /2023(WZ)
1. From the side of applicant, learned Counsel Mr. Ajit Kumar Singh has appeared, who has moved an amendment application, which could not be numbered, because it is apprised by the Registry that the same has not been e-filed by the learned Counsel and moreover the same has been filed in document section instead of I.A. section. However, in order to assist this Tribunal, the Registry has placed a copy of the same, which was received through e-mail dated 19.07.2023 sent by the learned Counsel for the applicant. Therefore at the very outset, we direct the learned Counsel for the applicant to e-file the same forthwith because he says that yesterday server was down because of which the same could not be uploaded. As soon as the same is uploaded on e-filing portal by the learned Counsel for the applicant, the Registry shall allot number to the same, although we are proceeding to hear this matter looking to the urgency.
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2. By this amendment application, which is moved under Order VI Rule 17 read-with Section 151 of CPCB- 1908, prayer is made to amend the Original Application by permitting impleadment of the necessary parties, the details of which are given in para no. 2 of the said application in tabular form, to be impleaded as respondent Nos.23 to 63. It is submitted that these are the industries, whose names have been obtained by the applicant under RTI, which are indulging in violation of the environmental norms, which is resulting in heavy pollution in the river Sabarmati. Besides that, it is also prayed in this application that he may be permitted to correct the name and address of respondent No. 15 and also be permitted to furnish correct e-mail address of respondent No. 6. It is also prayed that the respondent Nos. 9 to 22 be permitted to be impleaded through their respective Chief Operating Officers. Besides that, there are consequential amendments by seeking incorporation of para no. 4 (vi) (a), 4 (vi) (b) and 4 (vi) (c) right after para 4 (vi), the details of which are mentioned in remaining part of the said application.
3. Since this matter is at the stage of admission and these amendments are necessary for just disposal of this original application, we allow this application.
4. Presuming that the same i.e. amendment application would be allowed, the learned Counsel for the applicant has already submitted an amended copy of original application, therefore, the same shall be read as original application from now onwards, which is annexed at page nos. 75 to 275 of the paper book.
I.A. No. /2023(WZ) stands disposed of accordingly. Original Application No. 91/2023(WZ)
5. Heard learned Counsel for the applicant on the admission of this application.
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6. In this application, it is mentioned that the petitioner is a Journalist and also is claiming to be an environmentalist, who has filed this original application under Section 14, 15, 17, 18 & 20 of the National Green Tribunal Act, 2010, saying that respondent Nos. 9 to 22 (appears to be wrongly mentioned 22 because through amendment, some more respondents have been added which are numbered up to 63, therefore, in place of 22, it should be 63) are some of the textile industrial units located in the areas of Suez Farm, Behrampur & Danilimda in Ahmedabad, which are discharging untreated industrial waste or partially treated industrial waste into the open or in pipelines of the Ahmedabad Municipal Corporation unauthorizedly, in violation of ZLD (Zero Liquid Discharge) condition under Consent to Establish (CTE) granted to them by the respondent No. 1/GPCB. These pipelines of Ahmedabad Municipal Corporation/respondent No.3 are discharging effluent into the river Sabarmati, which has caused damage to the ground water and also the river of Sabarmati.
7. During argument, the learned Counsel for the applicant has drawn our attention to the Judgment dated 28.01.202 of the Hon'ble High Court of Gujarat at Ahmedabad passed in Civil Application (for direction) No. 01 of 2022 in R/Writ Petition (PIL) No. 98 of 2021 connected with other Civil Applications mentioned therein, where-in our attention is drawn to the conclusion contained in para no. 72, annexed at page no. 218 of the paper book, in which it is mentioned that the Arvind Group of Companies has switched over to the Zero Liquid Discharge Technology (ZLD). Therefore, it is not discharging its industrial effluent into the sewer of the AMC, while the Ashima Ltd. was not ready to adopt the ZLD technology because of its being financially not viable. Its argument was discarded by the Hon'ble High Court saying that the said industry cannot be allowed to be run at the cost of environment, ecology and harm to the public at Page 3 of 5 large. Having cited the said Judgment, it is argued by the learned Counsel for the applicant that all the industries in the areas concerned were required to adopt ZLD technology, which was also one of the conditions in the Consent to Establish issued by the State PCB, yet they are not meeting the norms and also not adopting the said technology and are continuing to discharge untreated effluent into the river Sawarmati, which is leading to huge pollution of the said river water as well as ground water.
8. We find that prima facie case impacting adversely on environment is made out, therefore, we deem it appropriate to admit this application. We, accordingly admit the same.
9. Registry is directed to issue Notice to the respondents, returnable within 04(four) weeks.
10. Applicant is directed to take necessary steps for service to the respondents by both ways (Dasti as well as by Registered Post) and also on available e-mail/WhatsApp and submit service affidavit within one week.
11. Applicant is directed to provide copy of the application and relevant documents to the respondents within a week.
12. Respondents are directed to submit their reply affidavit within three weeks and also circulate the same to Applicant as also other respondents by available e-mail.
13. Rejoinder, if any, is directed to be submitted within one week thereafter.
14. We deem it just and proper to call for a report from a Joint Committee comprising one member each from:-
(i). The Gujarat Pollution Control Board (GPCB); Page 4 of 5
(ii). The Central Pollution Control Board (CPCB);
(iii). The Ahmedabad Municipal Corporation (AMC); and
(iv). The Ministry of Environment, Forest & Climate Change (MoEF&CC)
15. The Committee is directed to conduct a site visit after informing the applicant and submit a report to this Tribunal within a period of four weeks with respect to the action taken as well as the steps which are required to be taken in the present matter so that no pollution happens in the said river.
16. The Gujarat Pollution Control Board (GPCB) shall be the nodal agency for coordination and logistic support.
17. Applicant is directed to supply the required documents and a copy of the application to SPCB for circulation to the members of the Committee, within one week.
18. The report in the matter be submitted by SPCB t h r o u g h e - f i l i n g b y u s i n g p o r t a l o f N G T in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.
Put up this matter for further consideration on 18.09.2023
19. Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM July 20, 2023 Original Application No. 91/2023 (WZ) Earlier Dy. No. 2704105002152023 P.Kr Page 5 of 5