National Green Tribunal
Pokarna Phosphates & Nitrates Through ... vs Gujarat Pollution Control Board ... on 28 June, 2021
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 02 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Appeal No. 17/2021(WZ)
(I.A. No. 28/2021)
Pokarna Phosphates & Nitrates Appellant
Versus
Gujarat Pollution Control Board Respondent
Date of hearing: 28.06.2021
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE MR. JUSTICE M. SATHYANARAYANAN, JUDICIAL MEMBER
HON'BLE MR. JUSTICE BRIJESH SETHI, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Appellant: Mr. Akshay Rathore, Advocate
ORDER
1. This appeal has been preferred against order of the Gujarat State PCB dated 19.09.2020 under Section 5 of the Environmental (Protection) Act, 1986 directing as follows:-
"1. To prohibit the manufacturing activity immediately at Plot No:
133/A+B, Khadoli, Tal: Jhagadia, DIST.BHARUCH.
2. To stop operation of D.G. set and CPP (if any) with immediate effect.
3. To close the operation of your industrial plant on the above mentioned site with immediate effect.
4. To direct the concerned authority to stop supply of electricity and water with immediate effect.
5. This order will be effective with immediate effect.
6. Unit shall lift this hazardous waste and dispose it to common facility in scientific way by using online manifest system and submit documentary proof.
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7. Pay Rs. 25 Lac as interim Environment Damage Compensation by M/s. Pokharna Phosphates & land owner Mr. Mitesh Patel jointly and severally by RTGS immediately in Following A/C. A. Name of Payee GUJARAT POLLUTION CONTROL BOARD B. Bank Account 10325062238 Number C. Type of Account CURRENT D. Bank STATE BANK OF INDIA E. Branch GANDHINAGAR ZONAL BRANCH F. Branch Address SECTOR-10/B, IN FRONT OF NEW SACHIVALAYA, GANDHINAGAR-382010 G. IFSC Code SBIN0001355 "
2. The order mentions that an inspection was conducted on 28.01.2020 and following violations of environmental norms were observed:-
"1. 650 nos of HDPE & MS drums containing haz waste residue was lying in open land area and some of the drums was also found leaking and same were stored haphazardly in premises without any demarcation, labeling.
2. Two numbers of MS tanks (one is tanker having Reg No GJ 221 4475) and one another FRP tank containing residue haz waste were also found lying in back side open areas.
3. Total quantity approx. 150 MT (i.e. drums 130 MT drums + Tanks 20 MT) was found lying near the drum storage area.
4. Looking to the site conditions it seems that these drums containing residue haz waste were stored haphazardly since long time.
5. As per AR of Sample collected from HDPE drums stored within plant premises, pH: 1.64, COD: 16.25 mg/l and Oil & 0il emulsions: 461.05 mg/l.
6. As per AR of Sample collected from MS drums stored within plant premises, pH: 1.14, COD: 8.21 mg/l and Oil & Oil emulsions: 171.40 mg/l.
7. Unit has not applied for CCA Renewal of the unit as CCA was expired on 15/06/2020."
3. We have heard Learned Counsel for the appellant. Main contention raised on behalf of the appellant is that before passing the impugned order no opportunity of hearing was granted to the appellant. Order was passed 2 straightaway, prohibiting manufacturing activity, stopping operation of DG set and closing operations of the unit by disconnecting electricity and water. Activities of the appellant are lying closed and will commence after necessary compliance but the appellant is unable to pay the compensation assessed.
4. We have duly considered the submission. While having regard to violations found, it may in a given situation be permissible to prohibit manufacturing activities and take coercive measures pending hearing later, assessment and recovery of compensation requires prior hearing. Accordingly, we consider it appropriate to require the State PCB to grant hearing to the appellant expeditiously within two months. Till hearing takes place and a fresh decision is taken, the amount of compensation assessed may not be recovered.
5. We have not found it necessary to issue notice having regard to the nature of the order but the State PCB is at liberty to move this Tribunal, if it is aggrieved.
The appeal stands disposed of accordingly. A copy of this order be forwarded to Gujarat State PCB by e-mail for compliance.
In view of the above order, I.A. No. 28/2021 also stands disposed of.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM M. Sathyanarayanan, JM 3 Brijesh Sethi, JM Dr. Nagin Nanda, EM June 28, 2021 Appeal No. 17/2021(WZ) (I.A. No. 28/2021) SN 4