National Green Tribunal
Kamal Tiwari vs Union Of India Through The Secretary ... on 1 November, 2023
Item No. 01
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No. 97/2022(CZ)
Kamal Tiwari Applicant(s)
Versus
Union of India & Ors. Respondent(s)
Date of Hearing : 01.11.2023
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
For Applicant(s): Mr. Vaibhav Pancholy, Adv.
For Respondent(s) : Mr. Dharamvir Sharma, Adv.
Mr. Shoeb Hasan Khan, Adv.
Mr. Shiv Narayan Bohra, Adv.
Mr. Arvind Soni, Adv.
Mr. Mohit Pareek, Adv.
Mr. Om Shankar Shrivastava, Adv.
Mr. Gajendra Singh, Adv.
Mr. Vijay Sharma, R.O. RSPCB
Ms. Alka Bishnoi, ADM, Jaipur
(for DM, Jaipur)
ORDER
1. The issue raised in this application is serious violation of the Forest (Conservation) Act, 1980 and rules with regard to the Wildlife (Protection) Act, 1972 and the notification of Nahargarh Wildlife Sanctuary.
2. Considering the facts as narrated and reported by the joint committee this Tribunal on 31.08.2023 observed as follows :-
"1. Admittedly, in light of the report submitted by the Forest Department the land khasra no. 10 is forest land and there are encroachments by way of pacca drains and discharge of 1 untreated water in violation of the Forest Conservation Act, 1980.
2. We direct the Collector, Jaipur to immediately remove the encroachment and ensure that no industrial untreated water is discharged into the Nahargarh Wildlife Sanctuary and adversely affecting the wildlife & the environment. If there is any matter with regard to the demarcation of the land, the District Magistrate is further directed to immediately demarcate the land within 15 days by way of deputing revenue officials and ensure to remove the encroachment immediately.
3. Admittedly, there are drains, in which industries are discharging their untreated sewage/water. The State PCB, Rajasthan is directed to take necessary actions against the industries, which are discharging their untreated water into the drains, and to assess and realize the environmental compensation according to the rules and submit the report within fortnight. Further action taken report by Collector, Rajasthan and State PCB be filed before the next date of hearing."
3. Vide order dated 25.09.2023, the joint committee was constituted to submit the report and to ensure that remedial action must be taken against the violators of the rules and to assess the environmental compensation and to take necessary action according to the rules.
4. In view of the above order the Govt. of Rajasthan vide order dated 26.10.2023 directed authorities concerned to visit the site and take remedial actions and also to assess the environmental compensation and to realise it according to the rules.
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5. The committee visited the site and observations which is filed are as follows :-
(i) "The impugned drains (Two Pacca Drains) near road no. 9- F-1 and 9-F-2 respectively of approximate dimensions 6 meters width and 3 meters depth have been constructed by RIICO in Vishwakarma Industrial Area on the land belonging to the RIICO in which untreated domestic and industrial waste water is being discharged in Nahargarh Wildlife Sanctuary.
(ii) It is pertinent to mention that quantity of the waste water being discharged was very less, however there are possibilities of enhancement of flow and quantity of untreated effluents considering the industrial operations in VKIA.
(iii) Ponding of waste water was also observed in khasra No. 10 belonging to the Nahargarh Wildlife Sanctuary.
(iv) Representative of Forest Department informed as under: -
a) That the said Khasra no. 3 was part of reserved forest as per reserved forest notification of 1961 (Annexure-4). In 1971, Khasra No. 3 of forest land was released to RIICO for industrial purpose (Annexure-5). The boundaries of Nahargarh Wild Life Sanctury were notified in 1980 (Annexure-6). In year 1998, an order regarding Nahargarh Sanctuary issued by the District Collector in which two areas were decided namely "Reserved Forest" and "Described Area". In Described Area, many rights and concessions have been given to local residents and other government agencies. (Annexure-7).
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b) That the parts of drains have been constructed upon Khasra No.10 and Khasra No.3. The Khasra No. 10 is forest land and Khasra No. 3 belongs to RIICO (Annexure-5), Khasra No.3 falls in the described area and Khasra No. 10 falls in Reserved Forest (As per District Collector order of 1998) of Nahargarh Wildlife Sanctuary. It is further to submit that as per KML file of Nahargarh Wildlife Sanctuary uploaded on the website of Department of Forest (Annexure-8) also, it appears that both these khasras are falling in Nahargarh Wildlife Sanctuary.
c) It has also been transpired from report of surveyor belonging to forest department (Annexure-9) that RIICO has levelled the land of Khasra No.10 and Khasra No.3.
d) FIR No. 34/2060 dated 22.01.2022 has been registered by the Range Forest Officer, Nahargarh Wild Life Sanctuary (Annexure-10) against contractor of RIICO and a penalty of Rs. 2 Lakh INR has been imposed in forest offence making nallah and draining waste water in sanctuary area.
(v) Representative of RSPCB informed that catchment area of both the drains was discussed with RIICO in Sept, 2023 and as per the identification of the area, copy of the map provided by the RIICO enclosed (Annexure-11), RSPCB conducted survey of 267 units in the catchment area. RSPCB has initiated action of imposition of Environmental Compensation against the units found discharging industrial waste water outside the premises. Conclusion
(i) Two impugned drains (Two Pacca Drains) near road no. 9- 4
F-1 and 9-F-2 respectively of approximate dimensions 6 meters width and 3 meters depth have been constructed by RIICO in Vishwakarma Industrial Area on the land belonging to the RIICO in Khasra No. 3 and a part in Khasra no. 10 of the Forest land through which untreated waste water is being discharged in Nahargarh Wildlife Sanctuary.
(ii) It is pertinent to mention Khasra No.3 land belongs to RIICO, and, as per the official KML file uploaded on the website of Forest Department, this khasra is falling under the Nahargarh Wildlife Sanctuary. Further Khasra No. 10 is forest land.
(iii) Forest Department has already imposed penalty on contractor of RIICO on activity of construction of drains carried out by RIICO on Khasra No. 10 and the case is compounded.
(iv) Discharge of waste water through the drains constructed by the RIICO still continues in a very low quantity and finally it is getting accumulated on the adjacent forest land.
(v) In order to identify the sources and quantum of waste water generated, RSPCB conducted survey of 267 units in the catchment area of impugned drains and action has also been initiated for imposing Environmental Compensation against the units found discharging industrial waste water outside the premises.
(vi) That the RIICO is not having any plan for treatment and final disposal of trade effluent as well as sewage generated from the Vishwakarma Industrial Area (VKIA). 5 Further the RIICO has not obtained Consent to Establish and Consent to Operate for VKIA. In this regard a letter has also been issued on dated 25.08.2023 from the Member Secretary, RSPCB to MD, RIICO to obtain Consent to Establish and Consent to Operate for all the RIICO Industrial Areas. Copy of letter dated 25.08.2023 enclosed (Annexure-12).
Recommendation The committee is of the opinion that any activity proposed on any parcel of land of RIICO which falls under the Nahargarh Wildlife Sanctuary, a prior intimation an necessary approvals under the prevailing rules must be obtained from the State Forest Department.
(i) State Forest department shall ensure that no construction, levelling or any other non-forest activity is done on the forest land of Khasra No.10 and the existing construction of drains upon this Khasra No.10 be demolished being in violation of Forest Conservation Act, 1980 and Wildlife Protection Act, 1972.
(ii) Waste water reaching to the forest land through the drains constructed by RIICO needs to be treated and diverted to gainful purposes ensuring no discharge on forest land.
(iii) The RIICO must immediately prepare a detailed plan incorporating treatment of industrial and domestic effluent being generated from the industrial area along with plan for re-use of the treated waste water in industrial units or for other gainful 6 purposes.
(iv) That RIICO should ensure that no treated or untreated effluent be allowed to reach the forest land."
6. Perusal of the report reveals that there are serious violation and no action has been taken or initiated by the State Pollution Control Board and the units are operating in violation without any consent to establish and consent to operate in this Vishvkarma Industrial area.
7. It is reported that there are approximately 267 units. It is further reported that the area under Nahargarh Wildlife Sanctuary is being violated and constructions or drains are being constructed without any authority in violation of environmental rules. Though the order of this Tribunal and the order dated 26.10.2023 issued by the State of Rajasthan directed the authorities to calculate the environmental compensation but the same has not been done by the authorities concerned. It shows that the Rajasthan Pollution Control Board failed to exercise their duties sincerely, fairly and honestly and directly or indirectly permitted the industrial unit to be operated without any authority and without any consent order. There are serious violations against which no action has been initiated by the State Pollution Control Board.
8. Accordingly, we direct the same committee to calculate the environmental compensation of all the unit holders who are violating the environmental norms and also the RIICO which is genesis of these violations and to take action for recovery of environmental compensation, prosecution and to submit the report within two weeks.
9. It is further directed that Chief Wildlife Wardon and Divisional Forest Officer of Wildlife Sanctuary, Nahargarh is directed to take necessary action to calculate their own method of calculation or damage to the forest, wildlife 7 and to proceed in accordance with law for realisation of the damage caused to the wildlife sanctuary and the forest land. In addition to initiation of prosecution. The Member Secretary, State Pollution Control Board, Rajasthan to remain present through video conferencing on the next date of hearing. Further action taken report be filed before the next date of listing.
List it on 22nd November, 2023.
Sheo Kumar Singh, JM Dr. A. Senthil Vel, EM 01st November, 2023 O.A No. 97/2022(CZ) PN 8