National Green Tribunal
Shankarlal Prajapat vs State Of Madhya Pradesh on 7 April, 2021
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 04 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 875/2019
(I.A. No. 67/2021 & I.A. No. 68/2021)
(With report dated 05.02.2021)
Shankarlal Prajapat Applicant
Versus
State of Madhya Pradesh Respondent
Date of hearing: 07.04.2021
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE MR. JUSTICE BRIJESH SETHI, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Respondent(s): Ms. Anuradha Mishra, Advocate for MPPCB.
Mr. Rajat Jariwal, Advocate in IA Nos. 67/2021 & 68/2021
(Grasim Industries Ltd.)
ORDER
1. Vide order dated 30.10.2019, a report was sought from the State PCB with reference to the allegation of pollution caused by M/s Grasim Chemical Division Limited, Birlagram, Nagada, District Ujjain, Madhya Pradesh, causing contamination of water and damage to the environment and the public health.
2. The matter was last considered on 12.10.2020 in the light of report of the State PCB dated 09.10.2020, acknowledging discharge of polluted effluents by the industries in question in Chambal river through a drain which was required to be remedied. The Tribunal found that once there was violation of law, compensation for the damage needs to be assessed and recovered on 'Polluter Pays' principle. It was also directed that since the area was polluted industrial area, stringent action was required 1 which should include preparation and execution of a restoration plan.
The operative part of the order is as follows:
"2. Accordingly, a report has been filed on 09.10.2020 which refers to earlier report dated 21.08.2020 to the effect that polluted effluent was found discharged from M/s. Grasim Industries Limited (Chemical Division) and M/s. Lexus India Limited. M/s. Grasim Industries Limited (Staple Fiber Division) has taken some steps but partly treated polluted effluent is being discharged into the Chambal River through a drain. The State PCB has issued directions to stop it. The ETP will be set up by January, 2021.
3. We find that the report is incomplete and action taken is inadequate. Once violation has been established to the satisfaction of the PCB, as in the present case, least expected is to assess the cost of damage to the environment and cost of restoration thereof and recover the same on 'Polluter Pays' principle for the period of non compliance. In case of any difficulty, the State PCB can take the help of any suitable expert for the purpose. This is required in addition to steps for future prevention of violation of environmental norms for enforcement of the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 and the Environment (Protection) Act, 1986.
4. 'Nagada-Ratlam', which is the area under consideration, is one of polluted industrial clusters, having comprehensive environment pollution index (CEPI) score of 48.78 (as per data compiled by CPCB). This Tribunal has directed remedial action to bring the index within the laid down parameters in OA 1038/2018. Further, the area adjoins 16 kms. polluted river stretch of Priority-I Category of Chambal river from village Juna Nagda to village Rajgarh (identified as such by CPCB). Pollution of river and the industrial area can be remedied only if stringent action is taken against the polluting activities in the area. In this connection, this Tribunal has directed constitution of River Rejuvenation Committee in the State in OA 673/2018.
5. In view of above, it appears to be necessary to take remedial action not only for preventing future pollution but also by recovering the cost of damage already caused, following due process of law. It has to be ensured that no polluted effluent or sewage is discharged in a water body, which is a criminal offence. The restoration plan has to be prepared and executed, utilizing the compensation recovered, associating the community or suitable agencies. The restoration plan may relate to environment quality in the area and water quality of the river stretch in question. Health survey be conducted for requirement of potable water and improvement of ground water quality. Steps to be taken may include setting up of STPs, in-situ remediation of drains joining the river, creation of biodiversity parks. For this purpose, we direct constitution of a joint Committee of CPCB, State PCB and District Magistrate, Ujjain. State PCB will be nodal agency for coordination and compliance. The 2 Committee will be free to take assistance from any other expert or organization.
6. Let requisite steps be initiated at the earliest and completed within three months and action taken report be filed before the next date by email at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF."
3. Accordingly, further report has been filed by the State PCB on 05.02.2021 which gives the details of deficiencies found and compensation assessed. Relevant extracts from the report are as follows:
"1. M/s. Grasim Industries Limited, Viscose Staple Fibre (VSF) division, Birlagram, Nagda Observations of Committee: As per the record of the industry, it is observed by the committee that-
The unit was complying norms prescribed by MoEF in year 1993. The MPPCB is regularly monitoring the treated wastewater, quality of the unit. However, due to complaints and deterioration of water quality in Chambal River, the MPPCB initiated action and compelled for achieving ZLD in year, 2013 by treating the wastewater upto the prescribed norms and utilizing the treated wastewater on land for irrigation. In this regards industry started action for installation of PSFs, MGFs, ROs, MSFEs etc. in year 2014 to treat the wastewater and recover the salts from the wastewater along with procurement of land for irrigation through Collector Ujjain. As per the action plan submitted by the industry, prescribed standards were achieved in month of June, 2019 however ZLD could not be achieved due to lack of availability of land for utilization of treated wastewater. Copy of the Action Plan to achieve TDS level and respective Bank Guarantee is enclosed as Annexure-IV. For the complete ZLD, industry has submitted action plan with estimated cost of Rs. 60.0 cr for implementing complete ZLD by installing Ro, MSFEs and dryers & submitted bank guarantee of 25% cost of the project Rs. 15 cr to MPPCB, Bhopal on dated 30.11.2019 with completion of ZLD project by January, 2021. Copy of the present status of the progress on ZLD Action Plan and timeline are enclosed as Annexure-V. Central Pollution Control Board has issued direction under Section 18(1)(b) of the water (p&cp) Act 1974 to MPPCB on 19.02.2020 for the non-compliance observed in industries operating at Nagda Industrial Area. Subsequently, MPPCB has issued direction to industries on 13.05.2020 for the compliance. Copy of the CPCB & MPPCB directions are enclosed as Annexure-VI. The compliance status as on 3 19.01.2021 (the day of field visit of the committee) of the specific directions are as follows:
S. No Directions Compliance status
1 The industry shall ensure Under progress.
implementation of time bound The implementation of
action plan for ZLD within ZLD action plan is
specified time lines (January, ongoing. Details are
2021) else the bank guarantee enclosed as Annexure-V.
of Rs. 15 Cr shall be forfeited.
2 The industry shall install online Not complied.
flow meter in CS2 stacks to Industry has issued
quantify the CS2 emission in purchase order on
Kg/ton of fibre and connect all 14.07.2020 to M/s SN
the OCEMS installed at stacks Enviro Solutions,
with CPCB and MPPCB servers Telengana. Copy of the
immediately. same is enclosed as
Annexure-VII. As on
19.01.2021, industry has
not installed the flow
meter and not provided
the link to server of MPPCB
& CPCB.
3 The industries shall install PTZ Complied.
camera and online flow meter at Industry has provided the
ETP area and provide PTZ camera & provided the
connectivity to MPPCB server connectivity to MPPCB.
immediately.
4 The hazardous waste generated Complied.
from the industry shall be The Hazardous waste is
transported only through GPS transported through MPPCB
enable transport vehicles. authorized GPS enabled
vehicles. The WEBLINK of
MPPCB authorized vehicle
http://www.mppcb.mp.gov.in
/Transporter%20GPS.htm
Industry transports its HW
i.e. Inorganic Sludge
(Category 35.2) during FY 20-
21 through M/s Swastik
Road Line & M/s Bhatnagar
Trading Corporation to
cement industries for co-
processing. The Spent
catalyst (Cat.17.2), Used
resin (Cat.35.2), Hard mass
(Cat.17.1) & Residues
containing oil (Cat.5.2) are
sent to TSDF, Pithampur by
GPS enabled vehicle of
Madhya Pradesh Waste
Management Project,
Pithampur for disposal.
5 Industry shall keep complete Complied.
track record of wastes The Hazardous waste is
generated in the unit and shall transported through MPPCB
submit on monthly basis to authorized GPS enabled
Local administration to ensure vehicles. The WEBLINK of
vigil on illegal discharge of MPPCB authorized vehicle
industrial waste in river http://www.mppcb.mp.gov.in
Chambal in closed coordination /Transporter%20GPS.htm
with Emergency Response
Centre, MPPCB, Bhopal and Industry transports its HW
Sub-regional office of MPPCB, i.e. Inorganic Sludge
Nagda. (Category 35.2) during FY 20-
4
21 through M/s Swastik
Road Line & M/s Bhatnagar
Trading Corporation to
cement industries for co-
processing. The Spent
catalyst (Cat.17.2), Used
resin 1Cat.35.2), Hard mass
(Cat.17.1) & Residues
containing oil (Cat.5.2) are
sent to TSDF, Pithampur by
GPS enabled vehicle of
Madhya Pradesh Waste
Management Project,
Pithampur for disposal. The
HW manifest submitted to
respective agencies.
6 To carry out a detailed health Under progress.
study for Nagda region to be Industry jointly with M/s
carried out in light of synergistic Grasim Industries (CD) & M/s health effects of pollutants like Lanxess India Limited has CS2, SO2, H2S etc. by engaging issued service order on any reputed government 10.11.2020 to National institute working in the field of Institute for Research in Research in Environmental Environmental Health Health in consultation with (NIREH)-ICMR, Bhopal for the MPPCB and Regional Director, health study for Nagda Health services within 6 region. The detailed Service months. order is enclosed as Annexure-VIII.
2. M/s. Grasim Industries (Chemical Division), Birlagram, Nagda Observations of Committee: As per the record of the industry, it is observed by the committee that-
The unit was complying norms prescribed by MoEF in year 1993. The MPPCB is regularly monitoring the treated wastewater quality of the unit.
However, due to complaints and deterioration of water quality in Chambal River, the MPPCB initiated action and compelled for achieving ZLD vide direction dated 24.10.2017 by treating the wastewater in ETP and recycling/reuse after tertiary treatment like RO, MEE and dryers. In this regards industry submitted action plan with Bank Guarantee (BG) to MPPCB in November, 2017 & started action for installation of RO, MEE and dryers in year 2017 itself and by 31.03.2018 achieved ZLD. Copy of the ZLD implementation is enclosed as Annexure-X. Central Pollution control Board has issued direction under Section 18(l)(b) of the Water (P&CP) Act 1974 to MPPCB on 19.02.2020 for the non-compliance observed in industries operating at Nagda Industrial Area. Subsequently, MPPCB has issued direction to industries on 13.05.2020 for the compliance. Copy of the CPCB & MPPCB directions are enclosed as Annexure-VI.' The compliance status as on 19.01.2021 (the day of field visit of the committee) of the specific directions are as follows:
5 S. No Directions Compliance status
1 Industry shall establish Complied.
peizometers in proper direction Industry has installed 03
of river Chambal to detect the piezometers in specified
groundwater contamination. The locations on 30/09/2020.
unit shall carry out a detailed Copy of the letter in this
leak detection study around the reference is enclosed as
old SLF w.r.t. damage liners of Annexure-XI.
old SLF leakages, to be repaired Industry has issued LOI &
immediately for prevention of Service Order to National
further contamination of ground Environmental Engineering
water. Research Institute (NEERI) on
22.09.2020 & 10.10.2020
respectively for leak detection
study of Secured Landfill
(SLF). NEERI conducted its
field visit and study during 3-
10 November 2020. As
informed by the industry, the
report is to be Received by 1st
Week of February 202I. Copy
is enclosed as Annexure-XII.
2 Industry shall include their by- Not complied.
product acids in hazardous As of now, industry has not
waste authorization obtained the authorization of
immediately. Hazardous waste for HCI.
3 Industry shall maintain the Complied.
installed PTZ camera and online Industry has achieved ZLD
flow meter at ETP area and from 31.03.2018 and
remain connected with MPPCB provided camera & flow
server without failure. meter connectivity to CPCB
server vide letter dated
10.7.2018. Copy of the letter
is enclosed as Annexure-XIII.
4 Industry in consultation with the Complied.
Public Health Engineering Water supply to Villagers has
Department, Nagda shall ensure been started from
supply drinking water 24.01.2020. Copy of the immediately in affected villages same is enclosed as along the bank of Chambal Annexure-XIV.
River & help PHED to identify and seal the water source where increased concentration of Lead (Pb) was found in CSIR-
NEERI (2018) report.
5 The hazardous waste generated Complied.
from the industry shall be Industry has provided GPS transported only through GPS tracking system for HCI enable transport vehicles and transportation. MPPCB shall keep a vigil on the Details are as below:
same. Web link:
https:
//ivts.noviretechnologies.com
/IVTS/
User Name: NAGDA_HCL
Password: password1
6 Industry shall keep complete Complied.
track record of acid and wastes Industry has provided GPS
generated in the unit and shall tracking system for HCI
submit on monthly basis to transportation.
Local administration to ensure Details are as below:
vigil on illegal discharge of acid- Web link:
industrial waste in river https:
Chambal in closed co-ordination //ivts.noviretechnologies.com
with Emergency Response /IVTS/
Centre, MPPCB, Bhopal and User Name: NAGDA_HCL
Sub-regional office of MPPCB. Password: password1
Nagda.
6
7 Industry shall submit plan of Under progress.
remediation measures of ground The industries prepared the
water contamination in Nagda & proposal for ground water
adjacent villages. remediation, based on the
monitoring data of NEERI,
CPCB, MPPCB & CGWA.
Industry has received
quotation from 03 vendors
viz. M/s SS Exploration,
Indore, M/s NEERI
Hyderabad and M/s M P
Con, Bhopal. The work
related to finalizing the
agency and further
remediation is pending. Copy
of the document related to
proposal and quotations are
enclosed as Annexure-XV.
8 A detailed health study for Under progress.
Nagda region to be carried out in Industry jointly with M/s
light of synergistic health effects Grasim Industries (SFD) & of pollutant like Cl2, HCl etc. by M/s Lanxess India Limited engaging any reputed has issued service order on government institute working in 10.11.2020 to National the field of Research in Institute for Research in Environmental Health in Environmental Health consultation with MPPCB and (NIREH)-ICMR, Bhopal for the Regional Director, Health health study for Nagda services within 6 months. region. The detailed Service order is enclosed as Annexure-VIII.
3. M/s Lanxess India Pvt. Ltd. (LIPL), Birlagram, Nagda Observations of Committee: As per the record of the industry, it is observed by the committee that-
The MPPCB is regularly monitoring the treated wastewater quality of the unit. This industry is ZLD since 30.10.2012.
Central Pollution control Board has issued direction under section 18(1)(b) of the Water (P & CP) Act 1974 to MPPCB on 19.02.2020 for the non-compliance observed in industries operating at Nagda Industrial Area. Subsequently, MPPCB has issued direction to industries on 13.05.2020 for the compliance. Copy of the CPCB & MPPCB directions are enclosed as Annexure-VI. The compliance status as on 19.01.2021 (the day of field visit of the committee) of the specific directions are as follows:
S. No Directions Compliance status
1 Industry shall include their by- Not complied.
product acids in hazardous Vide MPPCB directions letter
waste authorization dated 13.05.2020, industry
immediately. shall dispose the HCI as per
the provisions of the
Hazardous and Other Wastes
(Management &
Transboundary Movement)
Rules, 2016. Industry has not
complied the same.
Clarification is sought from
7
CPCB regarding the
applicability of HCI as by-
product or Hazardous waste
vide letter dated 28.9.2020.
CPCB vide its letter dated
11.12.2020 informed industry
to approach MPPCB for
identification of material as
by-product in accordance
with the CPCB guideline.
Copy of the communication is
enclosed as Annexure-XVII
2 The industry shall not operate Complied.
without valid Consent to Industry has renewed CTO
Operate and control fugitive on 1.10.2020. The industry emission/odorous in ambience operated without valid of plant premises by preventing consent from 01.01.2020 to leakages. 30.09.2020.
3 Industry shall maintain the Complied.
installed PTZ camera and online Industry has provided PTZ flow meter at ETP area and camera in ETP plant on remain connected with MPPCB 27.05.2019.
server without failure.
4 Industry in consultation with the Complied Public Health Engineering Water supply to Villagers has Department, Nagda shall ensure been started by MP Jal Nigam supply drinking water from 24.01.2020 in 22 immediately in affected villages affected villages. Copy of the along the bank of Chambal same is enclosed as River & help PHED to identify Annexure-XlV. and seal the water source where increased concentration of Lead (Pb) was found in CSIR-
NEERI (2018) report 5 The hazardous waste generated Complied. from the industry shall be Industry has enabled HCI transported only through GPS transportation via GPS enable transport vehicles and enabled tankers. MPPCB shall keep a vigil on the same.
6 Industry shall keep complete Complied.
track record of acid and wastes Same can be accessed generated in the unit and shall through Weblink:
submit on monthly basis to www.nicerglobe.com Local administration to ensure User Id: hcltanker vigil on illegal discharge of Password: Hcltanker#l acid/industrial waste in river Further details on HCL Chambal in closed co-ordination transporter & tankers is with Emergency Response enclosed as Annexure-XVIII Centre, MPPCB, Bhopal and Sub-regional office of MPPCB, Nagda.
7 Industry shall submit plan of Under progress. remediation measures of ground The industries prepared the water contamination in Nagda & proposal for ground water adjacent villages. remediation based on the monitoring data of NEERI, CPCB, MPPCB & CGWA.
Industry has received 8 quotation from 03 vendors viz. M/s SS Exploration, Indore, M/s NEERI Hyderabad and M/s M P Con, Bhopal. The work related to finalizing the agency and further remediation is pending. Copy of the document related to proposal and quotations are enclosed as Annexure-XV.
8 A detailed health study for Under progress.
Nagda region to be carried out in Industry jointly with M/s light of synergistic health effects Grasim Industries (SFD) & of pollutant like Cl2, HCI etc. by M/s Lanxess India Limited engaging any reputed has issued service order on government institute working in l0.11.2020 to National the field of Research in Institute for Research in Environmental Health in Environmental Health consultation with MPPCB and (NIREH)-ICMR, Bhopal for the Regional Director, Health health study for Nagda services within 6 months. region. The detailed Service order is enclosed as Annexure-VIII.
Implementation status of Action Plan submitted for polluted River Stretch in NGT O.A No. 673 of 2018 Based on regular monitoring by MPPCB, Central Pollution Control Board has identified Chambal river stretch from Nagda to Rampura as polluted river stretch based on the increased level of BOD i.e. more than 30mg/l in monthly water quality monitoring data received from SPCB. The Chambal river stretch falls under Priority-I (>30mg/l BOD).
Municipal Council, Nagda submitted the status of implementation of the action plan vide letter dated 20.01.2021. Wherein it was reported that the Detailed project Report (DPR) for STP prepared and pending at Madhya Pradesh Urban Development Company Limited (MPUDC) for further tendering & others. The bio-remediation is adopted in Banbana drain, Indra Nagar Drain and Vidhya Nagar. The details are enclosed as Annexure- XIX.
The assessed environmental compensation on non-compliance of the direction is as tabulated below:
Industry Non- Date of Non- No. Of EC in Rs. Remarks compliance Direction compliance days issued observed of non-
compli ance M/s Grasim The industry Date of 19.01.2021 252 75,60,000/- It is delayed Industries shall install MPPCB days due to COVID- Limited, online flow direction 19. At present, Viscose meter in CS2 13/05/2020 instrument is Staple Fibre stacks to purchased & (VSF) quantify the received for division, CS2 emission installation.
Birlagram, in Kg/ton of
Nagda fibre and
connect all the
OCEMS
installed at
9
stacks with
CPCB and
MPPCB
servers
immediately
M/s Grasim Industry shall Date of 19.01.2021 252 75,60,000/- Acid was in the
Industries include their MPPCB days consent as
(Chemical by-product direction product but as
Division), acids in 13/05/2020 per the CPCB
Birlagram, hazardous guidelines
Nagda waste matter is
authorization. pending
M/s Lanxess CTO validity Last date of Renewal date 274 82,20,000/- Renewal of CTO
India Pvt Ltd validity of CTO: days was issued on
(LIPL), 31/12/2019 01/10/2020 1.10.2020
Birlagram, Industry shall Date of Yet to be 252 75,60,000/- As per the
Nagda include their MPPCB complied i.e. days CPCB
by-product direction 19.01.2021 guidelines
acids in 13/05/2020 matter is
hazardous pending
waste
authorization
immediately.
Action Taken Report:
1. Major industries in Nagda: The MPPCB has started action for Zero Liquid Discharge (ZLD) by the major industries in year 2011-
a) M/s Lanxess India Limited has attained ZLD in year 2012.
b) M/s Grasim Industries (Chemical Division) has attained ZLD in March, 2018.
c) M/s Grasim Industries (Staple Fibre Division) has submitted time bound action plan with Bank Guarantee of Rs. 15 Crores to attained ZLD by January, 2021 which is delayed due to Covid-19 and expected to be installed and commissioned by June, 2021 and trials and stabilization will be done by October, 2021.
2. Municipal Council, Nagda: Municipal Council, Nagda submitted the status of implementation of the action plan vide letter dated 20.1.2021. Wherein it was reported that the Detailed Project Report (DPR) for STP prepared and pending at Madhya Pradesh Urban Development Company Limited (MPUDC) for further tendering & others. The bio-remediation is adopted in Banbana drain, Indra Nagar Drain and Vidyanagar drain.
3. Ground water contamination study: MPPCB directed M/s Grasim Industries (Chemical Division) Nagda for conducting ground water pollution assessment and based on the directions, the study was done through NEERI, Nagpur and report submitted in May, 2018. Similarly, M/s Lanxess India Limited was directed to study the hydro-geological formation in the area. The study was conducted through NEERI and report submitted in September, 2019.
104. Ground water quality augmentation plan: The Grasim Industry (Chemical Division) jointly with M/s Grasim Industries (SFD) & M/s Lanxess India Limited prepared the proposal for ground water remediation based on the monitoring date of NEERI, CPCB, MPPCB & CGWA. Industry has received quotations from 03 vendors viz. M/s S S Exploration, Indore, M/s NEERI, Hyderabad and M/s MP Con., Bhopal. The work related to finalizing the agency and further remediation is pending. Copy of the document related to proposal and quotations are enclosed as Annexure-XV.
5. Health study for Nagda Region: As per the direction by MPPCB, the Grasim Industry (Chemical Division) jointly with M/s Grasim Industries to (SFD) & M/s Lanxess India Limited has issued service order on 10.11.2020 to National Institute for Research in Environmental Health (NIREH)-ICMR, Bhopal for the health study for Nagda region. The detailed service order is enclosed as Annexure-VIII. Health study is ongoing."
4. In view of the above, while taking the report on record, we propose to direct that State PCB to take further action in accordance with law but before doing so we consider the applications filed by M/s. Grasim Industries Limited for impleadment and for deferring the action by the State PCB, being I.A. No. 67-68/2021. We have heard Learned Counsel for the said industrial unit. His main grievance is that opportunity of hearing was not given by the joint Committee while assessing environmental compensation which is violation of natural justice. There is no statutory non-compliance as the only violation is delay in procuring the equipments which is due to Pandemic situation. The unit has engaged JM-Envirolab Pvt. Ltd. which is an authorized lab for sampling and analysis and as per analysis on 09.10.2020, the effluents are meeting the norms. Necessary equipments are now been installed. Unit has also engaged the National Institute for Research and Environment Health (NIREH) to carry out health profile of the workers which will take one year. Chemical division of the unit is also proposing Zero Liquid Discharge (ZLD). The unit has also complied with the directions of the State PCB to improve the environment. Thus, compensation of Rs.
75,60,000/- is not called for.
115. At this stage, we may note the legal position with regard to payment of compensation on polluter pays principle. Compensation is equal to loss caused or suffered. In the context of loss caused on account of polluting/hazardous activity, the issue has been discussed in several judgements. In M. C. Mehta & Anr. v. Union of India, (1987) 1 SCC 395, ¶ 31-32, it was laid down that the person undertaking hazardous activity is liable for damage caused irrespective of negligence. Compensation has to have relation with the financial worth of the violator so as to be deterrant. In Indian Council for Enviro-Legal Action & Ors. v. Union of India & Ors. (1996) 3 SCC 212, ¶ 65-67, compensation to cover cost of remediation was held to be payable. In Vellore Citizens Welfare Forum v.
UOI, (1996) 5 SCC 647, ¶11 to 13, it was held that the polluter pays principle is part of sustainable development and has to be treated as part of Indian law, as India is party to Stockhome and Rio conferences.
Reverse burden of proof is applicable and once there is damage, liability is of the person carrying on activity to prove that his activity is benign. In (2005) 13 SCC 186, Research Foundation vs. UOI, pr 29, T.N. Godavarman Thirumulpad v. UOI & Ors. (2006) 1 SCC 1, ¶ 1, 2 and MCD v. Uphaar Tragedy Victims Association (2011) 14 SCC 481, ¶ 99, 100 same principles were applied. In Sterlite Industries (India) Ltd. v Union of India (2013) 4 SCC 575, ¶ 47, liability was fixed at 100 crores.
In MC Mehta (Kant Enclave) v. Union of India, (2018) 18 SCC 397 pr 134 compensation equal to 10% of cost of the project was directed to be recovered for construction in violation of law.
6. To address the grievance of the industrial unit of not having been heard by the Committee before assessing the compensation, we have heard learned Counsel on merits of the objections. We asked the learned Counsel whether the stand of the unit is that the violations found never 12 existed or whether they existed but have been remedied. His answer is later. It is patent that there were violations. The unit was not achieving the ZLD norms in the year 2013, as required. Only in 2019, action plan was proposed but even then, ZLD was not achieved. The unit gave bank guarantee and action plan for completing ZLD by January, 2021. Even thereafter, it is in process and has not been completed as shown by the table of compliance status. Implementation of ZLD action plan is ongoing. There is also non-compliance in installing flow meter and stacks. In these circumstances, it cannot be said that there is no statutory non-violation. The consent conditions under the Water (Prevention and Control of Pollution) Act, 1974 imposed by the State PCB are statutory. Thus, the compensation assessed cannot be held to be without any basis. I.A.s are without merit and are dismissed.
7. Further action may be taken in terms of the report of the joint Committee, following due process. The District Magistrate, Ujjain may monitor execution of action plan for ensuring compliance with the environmental norms by the industries as well as local bodies in the matter of discharge of effluents/sewage, supply of drinking water, heath checkups and utilization of STP treated water. This is also necessary for rejuvenation of river Chambal which is a polluted river stretch. The District Magistrate, Ujjain may send a report to the Secretary, Environment Department, M.P. on quarterly basis to facilitate remediation of polluted river stretch in Chambal river in accordance with the directions of this Tribunal dated 22.02.2021 in OA 593/2017, Paryavaran Suraksha Samiti & Anr. v. Union of India & Ors. and 673/2018, In re: News item published in "The Hindu" authored by Shri Jacob Koshy titled "More river stretches are now critically polluted: CPCB.
The Application is disposed of.
13A copy of this order be forwarded to the Secretary, Environment Department, M.P., District Magistrate, Ujjain and Nagada Nagar Nigam by e-mail for compliance.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Brijesh Sethi, JM Dr. Nagin Nanda, EM April 07, 2021 Original Application No. 875/2019 AVT 14