National Green Tribunal
Tousif Bagnikar vs Nix Polymers on 3 August, 2021
Item No. 01
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
(By Video Conferencing)
Original Application No. 55/2021(WZ)
Tousif Bagnikar Applicant
Versus
Nix Polymers & Ors. Respondent(s)
Date of hearing: 03.08.2021
CORAM: HON'BLE MR. JUSTICE M. SATHYANARAYANAN, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
Applicant: Mr. Omkar Wangikar, Advocate
ORDER
1. The applicant claiming to be a resident of District Sangli, came forward to invoke the jurisdiction of this Tribunal by submitting that the respondent no.1 is running an industry engaged in manufacturing of polyester resin at plot no. L-57, near New Diamond Cold Storage, MIDC Kupward, Tal. Miraj, Dist. Sangli and the process of manufacture of the said product, is illegally dumping, untreated toxic effluents from the polyester resin plant into Maharashtra Industrial Development Corporation (MIDC Drain) which in turn flows into river Krishna.
2. The Learned Counsel appearing for the applicant is also invited the attention of this Tribunal to the compilation of documents filed in support of this original application.
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3. The Tribunal has considered the arguments advanced by the Learned Counsel appearing for the applicant and also perused the litigations. In the light of the averments that the respondent no.1 said to be indulging in activities which affect environment and ecology, the Tribunal is of the considered view that issue requires consideration.
4. Issue notices to all the respondents, returnable on 24.08.2021.
5. The Tribunal is also of the view that with regard to the allegations of alleged infraction, environmental laws on the part of the respondent no.1, a Committee is to be constituted for causing inspection of the plant run by the respondent no.1. Accordingly, the Committee comprising of the following:-
(i) District Magistrate, District Sangli, R-4;
(ii) Commissioner, Sangli, Miraj, Kupwad Municipal Corporation, Sangli, R-7
(iii) Regional Officer, Maharashtra Pollution Control Board-R-5;
(iv) Official/s of Maharashtra Industrial Development Corporation (MIDC).
6. The said Committee after putting the first respondent on notice, cause inspection of the unit used for factory premises of respondent no.1 and submit a report as to alleged letting of untreated effluents into MISDC drain which in turn, flows into the river Krishna.
7. The report of the Committee with annexures be filed before the NGT before the next date of hearing by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF (and not in the form of Image PDF).
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A copy of this order be forwarded to Maharashtra Industrial Development Corporation (MIDC) by email for compliance.
List on 24.08.2021.
M. Sathyanarayanan, JM Dr. Arun Kumar Verma, EM August 03, 2021 Original Application No.55/2021(WZ) JG 3