National Green Tribunal
Sanjay Kumar Pal vs State Of Uttar Pradesh on 25 May, 2022
Item No. 4 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Original Application No. 47/2022
(I.A. No. 23/2022)
Sanjay Kumar Pal Applicant
Versus
State of U.P. & Ors. Respondents
Date of hearing: 25.05.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Mr. Sanjay Kumar Pal, Advocate
Respondents: Pradeep Mishra, Advocates for UPPCB
Mr. Sudipto Sircar and Mr. Preet Singh Oberoi,
Advocates for R-5
ORDER
1. Grievance of the applicant Mr. Sanjay Kumar is against M/s. Obeetee Pvt. Ltd. (respondent no.5), who is running Carpet Industry and dumping waste water including organic toxic substances in the agricultural land of the applicant at Araji no. 371, measuring area 0.895 hectare, situated in Village Jauharpur, Tehsil Gyanpur, District Sant Ravi Dass Nagar (Earlier known as District Bhadohi). It is submitted that continuous flow of contaminated water in the agricultural land has adversely affected the crops of the applicant and even the ground water level has risen because of water logging.
2. Vide order dated 16.02.2022, this Tribunal constituted a Joint Committee comprising of State PCB and District Magistrate, Sant Ravi 1 Dass Nagar, U.P and directed the same to look into the grievance of the applicant with direction to submit factual and action taken report.
3. In pursuance thereof report has been filed by UPPCB vide email dated 12.05.2022. The relevant part of the report is reproduced as under:
"(b) The site inspection was done by the committee on 06.05.2022. The industry was engaged in manufacture of Carpets. At the time of inspection, The main source of water pollution is from yarn dyeing process Carpets. At the time of inspection, the main source of water pollution is from yarn dyeing process.
ETP was found operation during inspection. Industry has installed Online Continuous Monitoring System and connected with CPCB server. Data as per display board the value of BOD- 23.71 mg/Ltr, COD-144.23 mg/Ltr, pH-7.19, TSS-32.47 mg/Ltr, which are within the limit prescribed. The treated effluents was discharge through drain. This drain ultimately meets in River Ganga after approx 8 km.
At the time of inspection, industrial effluent has not been found in complainer lands (Photograph Annex-1). That the during inspection dt 6.5.2022 one sample was collected from final outlet of E.T.P. and deposited in Regional Office laboratory, U.P. Pollution Control Board, Varanasi for analysis. Analysis report is enclosed.(Annex-2). As per the analysis report the main pollutants like BOD, COD, SS, Oil & Grease & pH have been found with the limit prescribed. Report of District Agricultural Officer of Bhadohi is enclosed regarding the impact of pollution tree, plants & crops (Annex-3). Report of Chief Medical Officer (CMO) of Bhadohi is enclosed regarding the impact of pollution on human health. (Annex-4). Report of Chief Vetnary Officer (CVO) of Bhadohi is enclosed regarding the impact of pollution on animals. (Annex-5). That the industry M/s Obeetee Pvt. Ltd., Goppur, Gopiganj, Bhadohi, Sant Ravidas Nagar has given Rs (10000+5000)=15000.00 to complainer Mr. Sanjay Kumar for repairing of damaged jhiriya nala (Annex-6). During the inspection, the committee has interacted with the local villagers and ex Gram Pradhan Shree Chhotelal Yadav and the son of the present Gram Pradhan Shree Ranjeet Kumar Bind. During discussions no body has raised the point related to pollution. It has also been pointed out by the ex Gram Pradhan Shree Chhotelal Yadav that aprox 50 acres of land is irrigated 2 with the treated effluent generated with the consent of the farmer and the industry representative.
It has also pointed out by the Shree Ranjeet Kumar Bind son of the present Gram Pradhan and the lekhpal Shree Shibu Ahemad that Cultivation was not done in the crop year 1428 to 1429.
04 Recommendations
1. The stretch of Jhiriya Nala may require desilting, particularly in locations/stretches where the polluted water join the drain and the desilted material can be used for strengthening of ebankments.
2. Vegetation development on embankments of restored drain.
3. The treated effluents should be given to the farmers after entering into agreement with the available area for irrigation use on the land.
4. Industry M/s Obeetee Pvt. Ltd. Is liable to pay compensation to the complainer Mr Sanjay Kumar Pal only after proper verification and assessment by the agricultural and revenue department."
4. In the report, it has been mentioned that at the time of inspection of the Joint Committee, no industrial effluent was found in the land of the applicant but learned Counsel for the applicant has submitted that no notice of the visit was given by the Joint Committee to the applicant and that applicant has taken photographs which show effluent stagnating in his agricultural land.
5. We find from the report that the Joint Committee had not taken any action for verification and assessment of the damage caused to the land of the applicant by the effluent discharged by the respondent no. 5, In the report, it was also mentioned that that industry is liable to pay the compensation to the complainant, Mr. Sanjay Kumar Pal, only after proper verification and assessment by the Agriculture and Revenue Departments, Government of Uttar Pradesh.
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6. The averments made in the petition and the report submitted raises substantial questions relating to environment arising out of the implementation of the enactments specified in Schedule-I to the National Green Tribunal Act, 2010 and payment of the compensation to the applicant for damage caused to his agricultural land by effluent discharged by respondent no. 5.
7. Let notices be issued to the respondents requiring them to file replies specifically responding to all material averments made in the application within two months.
8. Mr. Sudipto Sircar and Mr. Preet Singh Oberoi, Advocates have appeared for respondent no. 5 and Mr Pradeep Mishra, Advocate appeared for respondent no. 4. Replies be filed by them within two months as directed above.
9. The applicant is directed to take requisite steps for service of notices on other respondents and file affidavit regarding the same by email at [email protected] within seven days.
10. In view of the facts and circumstances of the case, we constitute a Joint Committee consisting of the District Agricultural Officer, and Revenue Officer to be nominated by District Magistrate, Sant Ravi Dass Nagar to verify the damage caused to the agricultural land of the applicant by effluent discharged by respondent no. 5 and make assessment of the compensation payable to the applicant for the same by giving the applicant and respondent no. 5 opportunity of being heard in respect thereof. Report may be furnished within two months 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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List the matter for further consideration on 29.08.2022. A copy of this order, along with a copy of the application and documents attached with the same, be forwarded to the District Agricultural Officer, and District Magistrate, Sant Ravi Dass Nagar by e- mail for compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM May 25, 2022 Original Application No. 47/2022 AG 5