National Green Tribunal
Aryavart Foundation Through Its ... vs Himani Industries Ltd on 4 October, 2021
Item No. 06 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
(By Video Conferencing)
Original Application No. 60/2021(WZ)
Aryavart Foundation Applicant
Versus
Hemani Industries Ltd.&Ors. Respondent(s)
Date of hearing: 04.10.2021
CORAM: HON'BLE MR. JUSTICE M. SATHYANARAYANAN, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
Applicant : Mr. Raj Panjwani, Sr. Advocate a/w Dr. S.S. Hooda, Advocate
Respondent: Mr. Saurabh Kulkarni, Advocate for R-1
Mr. Maulik Nanavati, Advocate for R-2 & 7
Mr. Rahul Garg, Advocate for R-3 (CPCB)
Ms. Supriya Dangare, Advocate for R-4 (GIDC)
Law Officer h/f District Collector, Bharuch, for R-5
ORDER
1. The Tribunal in continuation to the earlier orders dated 16.08.2021 and 16.09.2021, is passing the following order-
2. Heard the detailed and elaborated submissions made by the Mr. Raj Panjwani, learned senior counsel assisted by Dr. S.S. Hooda, learned counsel appearing for the original applicant. Mr. Saurabh Kulkarni, learned standing counsel appearing for the Respondent No. 1, Mr. Maulik Nanavati, learned standing counsel appearing for the Respondent Nos. R- 2 & 7, Mr. Rahul Garg, learned standing counsel appearing for the Respondent No. 3 and Ms. Supriya Dangare, learned standing counsel appearing for the Respondent No. 4.
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3. The Law Officer attached to Collectorate of Bharuch District- Respondent No. 5, has also appeared through video conference. Though the Respondent No. 6 has been served and their name appear in the cause list, there is no representation on their behalf.
4. The jurisdictional official of the Respondent No. 2, had issued a notice of direction under Section 33(A) of the Water (Prevention and Control of Pollution) Act, 1974 dated 15.09.2021 to the Respondent No. 1, pointing out certain infractions on their part and called upon them as to why a closure direction should not be issued, followed by disconnection of electricity supply and water supply to the industrial plant with a further direction to report compliance of the infractions pointed out.
5. The learned standing counsel appearing for the Respondent No. 1 would submit that at their end, everything is on order but the problem lie with the Respondent No. 4 who is not maintaining the pipeline, properly.
6. The learned standing counsel appearing for the Respondent Nos. 2 & 7 has invited the attention of the Tribunal to the email communication dated 04.02.2021 addressed to the Registry of this Tribunal and would submit that the Executive Engineer (W/D), the Respondent No. 3 who is having their office at Bharuch and would submit that as per the tabular column given in the said communication addressed to the Deputy Environmental Engineer of Gujarat Pollution Control Board (GPCB), Gandhinagar. There are deficiencies, especially with regard to the improper maintenance of offshore pipeline, having taken note of the same, the Forest and Environment Department of Government of Gujarat, had issued directions dated 21.07.2020 under Section 5 of the Environment (Protection), Act, 1986 to the Vice-Chairman and Managing Director of Gujarat Industrial Development Corporation (GIDC), Gandhinagar, Gujarat to comply the directions issued in the said Page No. 2/8 communication, failing which, there will be disconnection of electricity supply and water supply to industrial units who are discharging the industrial effluents to the said pipeline, with a further direction to report compliance.
7. It is further submitted by the learned counsel appearing for the Respondent Nos. 2 & 7 that the said communication was also followed by the yet another communication dated 23.09.2021, in the form of the direction under Section 33(A) of the Water (Prevention and Control of Pollution) Act, 1974 to the Respondent No. 4, stating among other things that they are also liable for prosecution under Section 41 (2) of the said Act and however, their response is still awaited.
8. The learned standing counsel appearing for the Respondent No. 4 would submit that the communication of G.I.D.C., Bharuch dated 29.04.2021, addressed to the Deputy Environmental Engineer of GPCB, Gandhinagar, would point out certain practical difficulties on their part and they require outer timeline of at least 2.5 years to complete the work of laying two row 600 m.m. dia MS pipeline up to 600 meter/ treating for discharging the treated effluent in deep sea.
9. The learned senior counsel appearing for the applicant would submit that the Respondent No. 4 who developed the industrial estate, consisting of nearly 50 and or units come under "Red Zone" did not evince any interest in addressing the said serious problems and the result being that the untreated effluents are being discharged into the Arabian sea for nearly 3 years and despite the Respondent No. 2 is very well aware of the said illegal Act, did not take any proper or effective steps to assess, levy and recover the environmental compensation, and further points out for launching criminal prosecution against the Respondent No. 4 and other defaulters, no Show Cause Notices necessary and would pray that Page No. 3/8 the inspection of the industrial units shall be caused by the Respondent No. 2 in coordination with Respondent No. 3 and report be submitted before this Tribunal for consideration and passing further orders.
10. The Tribunal paid it's anxious consideration and best attention to the rival submissions and also perused the materials placed on record, especially the annexes to the e-mail communication dated 04.10.2021, sent by the Respondent No. 2 to the Registry of this Tribunal.
11. The Respondent No. 4 having office at Bharuch, sent a communication dated 29.04.2021 bearing no. GIDC/EE/WD/BRH/PB/124 to the Deputy Environmental Engineer of the Respondent No. 2 who is having the office at Gandhinagar and it's relevant extract-
Sr. Points/Remarks Compliance
No.
1. To stop discharge of effluents GIDC had commissioned 4.5 km of
from pipeline laid at 600 meter 1000 dia CS offshore pipeline in on offshore as alternative the year 2006.
Due to huge scaling in the pipeline arrangement.
and diffusers were buried more
2. To discharge effluent 4.5 km than 3 meter in sea bed. Thus, the mtr. away from sea, so proper effluent could not discharge in dilution as per condition no. deep sea. In this situation, GIDC 5.4 of CCA may be at had laid two row of 600 mm dia discharge point. MS pipeline up to 600 meter. GIDC has planned to lay new offshore pipeline with diffusers for which consultant has been appointed and estimates are prepared but it will take at least 2.5 years to complete the said work.
3. To carry out maintenance of As per compliance of point no 1;
4.5 km offshore pipeline and and it is not possible to repair solve problem of chocking of diffusers and removal of scaling in offshore pipeline. Hence, it is pipeline.
required to lay new offshore pipeline and it will take at least 2.5 years to complete the said work.
4. To rectify and repair leakages Leakages were attended and at in GIDC drainage lines present there is no leakage found in effluent collection and conveyance pipeline.
5. To stop overflow from GIDC This is continuous process for drainage manholes in various maintenance of underground sections of GIDC drainage drainage line and manhole. GIDC has awarded the M&R of Page No. 4/8 system in Dahej & Vilayat. underground drainage work to the agency. At present, there is no overflow found from drainage manholes.
6. To take necessary steps to Whenever any leakage / control overflowed wastewater breakdown took placed, the reaches to estuary/ sea discharge of member industries were stopped and immediate through the natural drain / actions are taken for repairing. The storm water drain. accumulated effluent pumped in to nearby manhole chamber to avoid drain in estuary /sea.
7. To remove sludge deposition GIDC has invited the tender for the observed at the GIDC final work of Construction of Sludge pumping station (FPS) Drying bed at FPS which is under construction and will be completed in the month of May-2021.
8. To provide adequate storage GIDC has planned to shift FPS at facility to prevent overflow of Plot no-Z/93, SEZ-II. The master wastewater entering into consultant is appointed for designing of guard pond, pump surface water drains/ storm house and effluent conveyance water drains surrounding system.
area.
9. To relocate manholes to GIDC has invited the tender for the prevent overflow of work of Construction of ESR, sump wastewater entering into and pump house with with conveyance main in SEZ area surface water drains/ storm which is under construction and water drains/ surrounding will be completed before October-
area 2021.
The work of construction of two numbers of sump with pump house at chemical zone at Dahej-I is under progress which will be completed before October-2021.
After completion of the above works, all drainage connection will be released above the ground level so that overflowing of manholes can be avoided
10. To re-collect accumulated Whenever any leakage/ wastewater from surrounding breakdown took placed, the area. discharge of member industries were stopped and immediate actions are taken for repairing. The accumulated effluent pumped in to nearby manhole chamber to avoid drain in estuary /sea.
11. To strengthen pipeline GIDC had laid 1000 mm dia HDPE infrastructure to convey pipeline from FPS to LFP in the effluent up to deep sea. month of June-2019. Hence, there is no any leakage found in conveyance line.
12. To provide permanent solution GIDC has invited the tender for the of storm water management. work of Construction of ESR, sump
13. To take necessary steps to and pump house with conveyance main in SEZ. area which is under keep storm water drain dry construction and will be completed during lean period. before October-2021 Page No. 5/8 The work of construction of two numbers of sump with pump house at chemical zone at Dahej-I under progress which will be completed before October-2021.
After completion of the above works, all drainage connection will be released above the ground level so that overflowing of manholes can be avoided.
14. To submit action plan within Please consider compliance of 15 days for above non- point no. 1 to 13 compliances.
12. The Forest and Environment Department of Government of Gujarat also issued a direction dated 21.07.2020 under Section 5 of Environment (Protection) Act, 1986 to the Chairman and Managing Director of the Respondent No. 4-Corporation and it is followed by direction under Section 33 (A) of the Water (Prevention and Control of Pollution) Act, 1974 by the Deputy Environment Engineer- Respondent No. 2.
13. It prima facie appears from the materials that the Respondent No. 4 had failed to maintain the pipeline which is meant for discharging treated effluents at their STPs plant, deep into Arabian Sea and in fact, compliance column, would disclose the said fact.
14. The Tribunal has also taken cognizance of the submissions of the learned counsel appearing for the Respondent No. 2 that the Respondent No. 4, is also a Government company, is not properly responding to the directions issued by the Forest and Environment Department of Government of Gujarat as well as to the statutory directions issued by the Respondent No. 2, dated 23.09.2021.
15. The learned standing counsel appearing for the Respondent No. 4 would submit that, on account of the technical problem coupled with the sudden onset and thick spread of Covid-19 pandemic virus, they are experiencing certain difficulties and if an outer time limit of 2.5 years would be given, whatever infractions pointed out, would be set in order Page No. 6/8 and there will not be any discharge of any untreated effluent into Arabian sea. However, the fact remains on account of improper maintenance of the pipeline on the part of Respondent No. 4, there appears to be discharge of untreated/partly treated effluent into Arabian sea for quite number of years and the learned senior counsel appearing for the Applicant, is rightly in making the submission that the said things should not happen in the interest of environment and ecology and there had been incalculable damage, already happened on account of the same.
16. In the light of the above facts and circumstances and other materials placed on record, the Tribunal is issuing the following directions-
17. The Chief Secretary of Government of Gujarat is directed to convene a Meeting with the participation of Gujarat Pollution Control Board (GPCB), Respondent No. 4 represented by Chairman and Managing Director, Respondent No. 5 and the Respondent No. 7 and the result of the said Meeting and decision to be taken in the said Meeting, be submitted in the form of the report with supporting documents on the next date of hearing.
18. The Respondent No. 2 in coordination with the Respondent No. 3, shall cause inspection of industrial units which fall under "Red Category"
to find out whether they discharge untreated/partly treated effluents into the STPs maintained by the Respondent No. 4 and if any infractions/violations are noted, shall come out with the solutions as well as the assessment of the environmental compensation, to be paid by them. It is also made clear that depending upon the contents of the said report to be filed by the Respondent Nos. 2 & 3, further action would follow against the Respondent No. 1 as well as the other industrial units, in accordance with law.
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19. The Respondent No. 5 as well as the jurisdictional Superintendent of Police, shall provide all necessary assistance to Respondent Nos. 2 & 3 to carry out the inspection of the units which come under "Red Category", in the Industrial Estate maintained by the Respondent No. 4.
20. It is also open to the official Respondents who had entered appearance to file their reply affidavits with supporting documents. The reply affidavit of Respondent No. 1 has already been placed on record before the Tribunal.
21. The Tribunal may also take a call as to the levy of interim environmental compensation upon the Respondent No. 4 on the next date of hearing in the light of their admission dated 29.04.2021 addressed to the Deputy Environmental Engineer of Gujarat Pollution Control Board (GPCB), Gandhinagar.
22. Call on 29.11.2021. The report of the committee headed by the Chief Secretary to the Government of Gujarat as well as the reply affidavits of the official respondents with supporting documents, if any, by then.
23. A copy of order be communicated to all the official Respondents as well as to the Chief Secretary of Government of Gujarat, for compliance.
M. Sathyanarayanan, JM Dr. Arun Kumar Verma, EM October 04, 2021 Original Application No. 60/2021(WZ) P.kr Page No. 8/8