National Green Tribunal
Mr Sachin Dave vs Union Of India on 17 August, 2023
Item No.03
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONAL BENCH, BHOPAL
(By Virtual Mode)
Original Application No.25/2023(CZ)
Sachin Dave Applicant(s)
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 17.08.2023
CORAM: HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant(s) : Mr. Sachin Dave, applicant in person
For Respondent(s) : Mr. Sachin K. Verma, Advocate for State of M.P.
and BMC
Ms. Parul Bhadoria, Advocate for MPPCB
Mr. Manish Singh, PS, WRD
Mr. Chandra Mohan Thakur, Member Secretary,
MPPCB
Mr. R.S. Mandloi, DM, Ratlam
ORDER
1. This Original Application was filed, alleging huge pollution and degradation of Shipra River on account of discharge of untreated effluent (municipal, domestic and industrial) and encroachment on Flood Plain Zone and other No Construction/No Development Zone of river. Tribunal by order dated 20.04.2023 found it appropriate to obtain a factual Report constituting a Joint Committee comprising representative from Water Resources Department thorough Additional Chief Secretary and representative of Madhya Pradesh Pollution Control Board.
2. The matter came up on 13.07.2023, when we found that Joint Committee has not submitted Report. This was not appreciated by this Tribunal and it recorded its displeasure in order dated 13.07.2023. 1 However, it granted further a month's time to Joint Committee to submit its Report. Tribunal also required District Magistrates of Ujjain, Indore, Devas and Ratlam to submit separate Reports with regard to status of River Shipra in their respective districts which would include encroachment status, discharge of industrial effluents, municipal and domestic sewage and measures of treatment of such discharge undertaken by respective bodies, agencies or individuals, as the case may be.
3. Today, Joint Committee has submitted Report. Four separate Reports have been submitted by respective District Magistrates of Ujjain, Indore, Devas and Ratlam.
4. In general, Report is that there is no encroachment as alleged; no industrial effluent is being discharged in River Shipra but still category of river water is very low and unfit for bathing or drinking purposes and at some places, even for agriculture purposes. Reason for such deterioration of water quality of River Shipra could not be explained by the officers who are present. In respect of some industries engaged in manufacture and production of chemicals, pharmaceutical, leather etc., we find that Report says there are ZLDs, but there is no cross check steps or material placed before us as to how much residue is being produced by them everyday and in what manner, such residue is being disposed, particularly, considering the fact that residue generated in pharmaceutical industries, chemical industries and leather industries is of seriously hazardous nature.
5. Reports, therefore, are inadequate, incomplete, lack relevant information and cross checking and fails to give a wholesome picture of entire facts. In fact, several questions remain unanswered. 2
6. In these facts and circumstances, we find it appropriate to obtain fresh Reports by appointing different Committees for each district. The following Committees are constituted, separately, for all the Districts:
(i) For District Ujjain: Mr. Rahul Khurana, Advocate (Enrolment no.
D/2183/2008), a representative from CPCB, a representative from Integrated Regional Office, MoEF&CC and District Magistrate, Ujjain
(ii) For District Indore: Mr. Hasil Jain, Advocate (Enrolment no.
D/2880/2013), a representative from CPCB, a representative from Integrated Regional Office, MoEF&CC and District Magistrate, Indore.
(iii) For District Devas: Mr. Tarunesh Kumar, Advocate (Enrolment no.
D/2427/2010), a representative from CPCB, a representative from Integrated Regional Office, MoEF&CC and District Magistrate, Devas.
(iv) For District Ratlam: Mr. Ashish Singh, Advocate (Enrolment no.
D407-B/2005), a representative from CPCB, a representative from Integrated Regional Office, MoEF&CC and District Magistrate, Ratlam.
7. Concerned District Magistrates shall be the Nodal agency for co- ordination and compliance.
8. Registry is directed to supply relevant copy of letter petition, Tribunal's orders and Joint Committee Report etc. to all the above Advocates Commissioners appointed by Tribunal.
9. Madhya Pradesh State PCB shall pay Rs. 75,000/- each to all the Advocates Commissioners as their professional fee and also bear other expenses relating to transportation, boarding/lodging, photography etc. If 3 Advocate Commissioner has to undertake any journey to concerned District or any other place regarding this matter, travelling and other expenses and other facilities of the status of Joint Secretary to Govt. of India shall be paid/made available to them.
10. All these expenses and fees of Commissioners shall be borne by Madhya Pradesh PCB from the amount collected under the head of Environmental Compensation.
11. The said Committees shall submit reports before the next date of hearing.
12. List this case on 04.10.2023.
Sudhir Agarwal, JM Dr. Afroz Ahmad, EM August 17, 2023 Original Application No.25/2023(CZ) MK 4