National Green Tribunal
Uttam Manohar Mokal vs State Of Maharashtra on 14 November, 2024
Item No.5 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
[Through Physical Hearing (with Hybrid Option)]
ORIGINAL APPLICATION NO.215 OF 2024 (WZ)
[Earlier Diary No.2704105006962024]
Uttam Manohar Mokal ... Applicant
Versus
State of Maharashtra & Ors. ... Respondents
Date of Hearing : 14.11.2024
CORAM : HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant : Mr. Maitreya Ghorpade, Advocate
ORDER
1. This application has been filed with the prayers that a Joint Committee be constituted comprising respondent Nos.1 to 3 i.e. Secretary, Environment Department, State of Maharashtra, Maharashtra Pollution Control Board and the District Collector, Nashik, to assess extent of pollution caused by respondent No.4 - M/s Karamveer Shankarrao Kale Sahakari Sakhar Karkhana Ltd. (Distillery Division) on the impugned lands surrounding Gat No.210/3 of village Kolgaon Mal, District Naashik. Further it is prayed that a direction be issued to respondent Nos.1 and 2 to impose penalty upon respondent No.4 for pollution caused to the land as well as other water bodies and respondent No.4 be directed to restitute the land in question to its original condition.
2. It is submitted in the application that respondent NO.4 is discharging its effluent to the fields and into mined-out stoned quarries, wells and other water-bodies, situated and adjoining Gat Nos.190, 191, 194/1, 194/2, 195, 196, 200, 200/1, 201/2, 202, 203, 204/1, 204/2, 205/1, 207, 208 and Page 1 of 4 209/2 of village Kolgaon Mal, Taluka Sinnar, District Nashik, in violation of the Consent to Operate (CTO), which is annexed at pages 25 to 33 of the paper-book.
3. Learned counsel for the applicant submits that very first condition of the CTO states that no spent wash shall be discharged outside the factory premises/onland/into stream directly or indirectly. The impugned polluted land, though is owned by respondent NO.4 - Project Proponent, is situated adjacent to Gat No.201/3, which is belonging to the applicant, whereon the applicant has carried out agricultural activities for past several years. Respondent No.4 has been discharging its effluent through tankers, which is coming out of its distillery and the same is resulting in polluting the land of the applicant. It is also submitted that the discharge of effluent is being done through a pipeline that has been laid underground from the distillery, resulting in soil and water pollution. Hence, the above prayers have been made.
4. The applicant has annexed the photograph of the tanker by which the effluent is being discharged on the land, which is at page 35 of the paper- book. He has also submitted that he had filed P.I.L. before the Hon'ble High Court of Bombay being PIL No.135 of 2022, wherein the Hon'ble High Court passed an order on 19.10.2022 (annexed at pages 76 and 77 of the paper- book), disposing of the same with a direction that the petitioner (applicant) may approach the Pollution Control Board for consideration of his complaint, pursuant to which the MPCB had held a meeting on 09.05.2023, minutes of which is annexed at page 79 of the paper-book, wherein it is recorded that the industry, before 2018, used the spent wash for bio- composting at the gat number in question through the pipeline in their own factory premises. In 2018, the industry has installed evaporator boiler for spent wash and the pipeline used for carrying spent wash was discontinued Page 2 of 4 and they were also going to discontinue the bio-composting activity at the said plot and also level the solor pit before 31.05.2023.
5. Learned counsel for the applicant submits that the observations made in the minutes of the meeting of MPCB does not depict the correct position because even today, respondent No.4 is discharging its effluent through tanker and the pipeline at their own land, which is causing pollution to the adjoining land belonging to the applicant and other water-bodies.
6. Considering the averments made in the application and the prima facie evidence produced on record, we find that substantial question relating to the environment is raised in this case. Therefore, we admit this application and direct the Registry to issue notice to the respondents, returnable within four weeks from the date of uploading of this order.
7. We deem it appropriate to constitute a Joint Committee comprising one member each of Maharashtra Pollution Control Board (MPCB), Central Pollution Control Board (CPCB), District Collector, Nashik, MPCB being the nodal agency of the Committee, with a direction that the Committee shall visit the site in question after issuing notice to the applicant about the date and time of its visit and submits its report with respect to the allegations made in the application, within a period of one month from the date of uploading of this order. The said report shall be submitted before us by the MPCB by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.
8. A copy of this order shall be served upon all the members of the Joint Committee by the MPCB for compliance as above.
9. The applicant is directed to provide copies of the memo of Original Application along with annexures thereto to the respondents, within a week from the date of uploading of this order.
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10. The applicant is also directed to take necessary steps for service upon the respondents by both ways and also through available e-mail.
11. Put up this matter for next consideration on 20.01.2025.
Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM November 14, 2024 ORIGINAL APPLICATION NO.215/2024 npj Page 4 of 4