National Green Tribunal
Narayan Das Tulsani vs State Of Rajasthan on 20 September, 2022
Item No.03 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Original Application No. 407/2022
Narayan Das Tulsani ...Applicant
Versus
State of Rajasthan ...Respondent
Date of hearing: 20.09.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Applicant in Person.
Respondent: Mr. Nishant Awana, Advocate for RSPCB.
Mr. Nikhil Jain alongwith Mr. Abhishek Bisht, Advocates
and Mr. Vinod Kumar, Sr. Regional Manager, Mr. R.C.
Songara, Manager (Law) and Mr. Tarun Pratap Gupta,
R.M (E.M) for RIICO.
Application is registered based on a Letter Petition received by Email.
ORDER
1. Mr. Narayan Das Tulsani son of Late. Kishan Chand Tulsani resident of H.No. A-13, Karni Nagar, Pawanpuri near Sahyog park, Bikaner, Rajasthan has sent the present letter petition, which has been treated and registered as Original Application, complaining about violation of conditions of Environmental Clearance (EC) dated 11.04.2017 by Rajasthan State Industrial Development and Investment Corporation Ltd. (RIICO Ltd.).
2. The applicant has submitted that RIICO Ltd. had set up Karni industrial area in phases in the years 1998, 2000, 2005 and 2011. While mentioning the historical background and violations of environmental O. A. No. 407/2022 Narayan Das Tulsani Vs State of Rajasthan -2- norms by RIICO Ltd. and issuance of letters/show cause notices in this regard, the applicant has also referred to letter dated 21.02.2022 of Regional Officer, Rajasthan State Pollution Control Board, Bikaner wherein it was observed that RIICO Ltd. has obtained EC from State Level Environment Impact Assessment Authority Rajasthan on dated 11.04.2017. As per point No. 11 of EC, there is a provision of Rs. 2600 lacs to set up a CETP, Rs. 175 Lacs for STP, Rs. 300 Lacs for development of landfill site for waste disposal, and Rs. 800 Lacs for a line of internal effluent conveyance system etc., further as per point no. 13 of EC "RIICO Ltd. is proposing to install a CETP for treatment of effluent generated from existing Karni Industrial Area and Industrial Area Bichwal ensuring a Zero Liquid Discharge facility in the proposed project area". RIICO has not submitted compliance report or the conditions of EC. The applicant has submitted that despite EC conditions RIICO Ltd. has not made any arrangement for drainage of trade effluent. For the last 14 years, industrial effluent is getting accumulated in Karni Industrial Area and now 1500 million liters industrial effluent is accumulated in 146000 square meters area causing environmental pollution and contamination of water. Complaints regarding environmental pollution and non-compliance of EC conditions were made to Rajasthan PCB but no action has been taken.
3. Vide order dated 11.07.2022, this Tribunal constituted a Joint Committee comprising of the Regional Office of MoEF & CC, CPCB, CGWA, State PCB and District Magistrate, Bikaner and directed the same to submit Factual and Action Taken Report within two months.
4. In compliance thereof, the Joint Committee has submitted Factual and Action Taken Report vide email dated 18.09.2022. the relevant part of the report is reproduced below:-
O. A. No. 407/2022 Narayan Das Tulsani Vs State of Rajasthan -3- "Background
6. The area under question is "Karni" and "Bichhwal" Industrial Area of Bikaner district in the state of Rajasthan where large quantity of effluent and domestic sewage has been accumulated at various identified places within the Industrial Areas. M/s RIICO Ltd. which is a Government of Rajasthan enterprise, is responsible for establishment and maintenance of Industrial Estates in the State of Rajasthan, is the project proponent for all these industrial areas.
7. The "Bichhwal Industrial Area" was developed by RIICO in the year 1982 and "Karni Industrial Area" was developed in phases and each phase has been named as "Karni Industrial Area Phase I" (developed in 1998); "Karni Industrial Area Phase Er (developed in 2000); "Karni Split Growth Centre (SGC)" (developed in 2005) and "Karni Extension Industrial Area" (developed in 2011). As, only the "Karni Extension Industrial Area"
was developed after 2006, the Environment Clearance (EC) for the same has been obtained by M/s RIICO Ltd. from State Level Environment Impact Assessment Authority(SEIAA), Rajasthan vide letter no. F- (4)/ SEIAA/ SEAC-Raj / Sectt/ ProjecCat.7(c) (978) / 15-16 dated 11.04.2017.
8. The main type of industries in the Bichhwal Industrial area are Food Products (Sweets & Namkeen Manufacturing), Woolen Yarn Processing and Vegetable Oil Refineries. All above industries are involved in effluent generation process. Some other small units are oil expellers, cardboard or corrugated box making, dal mill, clay grinding &insulator manufacturing etc. In Karni Industrial Area, majority of the units are based on dry process like grain sorting, ground nut decorticating, dal mill & woolen yarn (no effluent generation - only carding) units. Water using industries established in Karni Industrial Area are mainly Woolen Yarn Processing and Food Products (Sweets & Namkeen Manufacturing) involving effluent generating process.
Factual Observations
9. As per the records submitted by the RIICO, about 287 industries are established in Bichhwal Industrial Area and 633 industrial units are established in Karni Industrial Area (Phase I, Phase II, SGC and Extension). Besides this, residential colonies and commercial establishments have also developed by RIICO in the aforesaid Industrial Areas.(Detailed as provided by M/s RIICO Ltd is attached as Annexure R-3)
10. As per the records of Rajasthan State Pollution Control Board, 190 no's of industries are under consent mechanism. Out of these, 31 industries in Bichhwal and 30 industries in Karni Industrial Area (Phase I, Phase II, SGC and Extension) are using water for industrial use and thus covered under the Consent mechanism under the provisions of The Water (Prevention and Control of Pollution) Act 1974 as well.
11. Further, In Bichhwal Industrial Area, all 31 units covered under the Water (Prevention and Control of Pollution) Act 1974 are small scale units and in Karni Industrial Area (Phase I, Phase II, SGC and Extension) out of total 30 industrial units covered under The Water (Prevention and Control of Pollution) Act 1974, there are 28 small scale wool processing units & food products units and two large scale food processing unit. All the small-scale units have installed ETP in their premises and two large scale units are having ETP with RO and maintaining ZLD. Out of 31 industries in Bichhwal Industrial Area, 27 O. A. No. 407/2022 Narayan Das Tulsani Vs State of Rajasthan -4- units are having valid consent from RSPCB, 1 unit is closed after direction of closure issued by State Board and show cause notice ( has been issued to 3 units. Similarly, In Karni Industrial Area, out of total 30 industries, 21 units are having valid consent from State Board and show cause notice has been issued to remaining 9 units. Some of these units were visited by joint committee and ETP was found operational in these units. Detailed list of units having Consent under the provisions of The Water (Prevention and Control of Pollution) Act 1974 along with their PCM status is attached as Annexure R-4.
12. During the field visit of Joint Committee on 23rd &24th August 2022, it was observed that in the low-lying areas of both Bichhwal and Karni Industrial Area, water has been accumulated since long and the stagnant water has formed cesspools. It was also observed that all the drains constructed in the industrial area by RIICO, terminates into these cesspools resulting in rapid increase in quantity of accumulated water in these cesspools.
13. The effluent discharged by the industries, domestic sewage as well as rain water is getting accumulated at these cesspools within the industrial area. There are some human settlements (encroachment) in the Karni Industrial area and domestic effluent from these unauthorized settlements is also getting accumulated in the cesspool.
14. It is noteworthy that till date, no facility or mechanism has been developed and planned by M/s RIICO Ltd for final disposal of the effluent in any of its industrial areas in the region which is the main reason for causing nuisance in the said area. As per RIICO Ltd., Bikaner letter dt. 06.10.2021, Commissioner, Department of Industries, Govt. of Rajasthan has nominated RIICO as Implementing Agency for the project for establishment of CETP at both Bichhwal and Karni Industrial Area under MSE-CDP Project (Copy Enclosed as Annexure R-5). As of now, the RIICO has allotted the land for both CETP and SPV's have been formed and work order for preparing a study report for management of effluent/waste water generated from industrial area Karni Phase-I, II, SGC and Extension and surrounding areas including reclamation of land has been placed.
15. All the cesspool locations having accumulation of effluent were visited and samples were also collected to ascertain the characteristics of accumulated water. Details of cesspool locations are as follows: Cesspool no.I - In front of M/s Bikaji Foods International Limited, Karni Industrial Area Extension Cesspool no.Il - In front of M/s Rajshri Scouring Mill, Near Engineering CollegeBikaner, Phase II, Karni Industrial Area Cesspool no. III - Behind Swami Keshwanand Rajasthan Agriculture University (SKRAU), Bichhwal Industrial Area
6. All the locations of cesspools in both Karni and Bichhwal Industrial Area were visited by the joint team and various observations were recorded which are as follows:
As per Google map images,
a) Total area of cesspool no. 1 is approx. 13-14 Ha and total peripheral distance is approx. 1.71 kilometers.
b) Total area of cesspool no. 2 is approx. 5-6 Ha. and total peripheral distance is approx. 1.20 kilometers.
O. A. No. 407/2022 Narayan Das Tulsani Vs State of Rajasthan -5-
c) Total area of cesspool no. 3 is approx. 16-17 Ha. and total peripheral distance is approx. 2.06 kilometers. Human Settlement (Encroachment) on RIICO land adjoining the cesspool no. 1 was observed.
RIICO drain was found terminating into this cesspool no. 1 which was over-flown and back flowing was also observed due to which flow at the termination point couldn't be measured. It was observed that one unit situated in agricultural land nearby Cesspool No. 2, was discharging its effluent through RIICO drain into the cesspool.
Bad Odors were prevailing around the nearby areas of all cesspools.
Although no discharge of effluent through tanker into the cesspool was observed during the two days visit of industrial areas, however the possibility of the same cannot be denied. Google images of these cesspools with approx. size &accumulated area and photographs taken during the visit are enclosed as Annexure R-6.
17. The samples were collected from these cesspools on August 24th, 2022 by the joint committee with the help of RSPCB Bikaner Office staff and sent to Regional Office, RSPCB, Jodhpur Laboratory for analysis of different parameters. The reported concentration was compared with general standards for discharge of environment pollutants Part A of Schedule -VI of EP (A) Rules, 1986 and it was observed that the Total Suspended Solids (TSS), Chemical Oxygen Demand (COD) and Bio Chemical Oxygen Demand (BOD) parameters were found exceeded from the prescribed limits. Exceeding results of these parameters indicates presence of high biological load in these cesspools, most probable reason of which is Industrial & Domestic effluent coming from the industries as well as domestic discharge from residential and commercial areas. pH of samples collected from cesspool no. 1 & 3 was also found exceeded from the prescribed limit. Detailed analysis report and Google image of sampling locations are enclosed as Annexure R-7. Prescribed general standards are enclosed as Annexure R-8.
18. The source of water supply in the industrial area is through RIICO supply as well as through water tanker procurement. It is noteworthy that there are 5 bore well in the said region (3 in Bichhwal & 2 in Karni) by RIICO but no approval from CGWA has been obtained for the same. Details of Bore wells as obtained from RIICO ltd., Bikaner is enclosed as Annexure R-9.
19. Further, as per the records of CGWA, 2 number of industries are having valid approval from CGWA for abstraction of ground water whereas, the committee feels that there may be many unauthorized ground water users who has not obtained the necessary approval from CGWA. To know the exact number of ground water users, a door-to- door survey of industrial areas under consideration, is required. O. A. No. 407/2022 Narayan Das Tulsani Vs State of Rajasthan -6-
20. It was felt by the committee that the accumulated water may have contaminated the ground water of the region as there is a possibility of percolation of pollutants down to the ground water table. Therefore, ground water samples from existing bore wells from various locations were collected and analyzed in the laboratory of the State Pollution Control Board. The details of bore well samples collection points are as follows:
a. Bore well No.1-RIICO Bore well no. 1 of Karni Industrial Area, near RIICO Office (J.En Mini Phase), Karni Industrial Area, Phase - I, Bikaner.
b. Bore well No. 2 - RIICO Bore well no. 2 of Karni Industrial Area, near Railway Track, Karni Industrial Area, SGC, Bikaner. c. Bore well No. 3 - Bore well no. 1 of M/s Bikaji Foods International Ltd., near Gate No. 2, Karni Industrial Area Extension, Bikaner. d. Bore well No. 4 - Bore well no. 2 of M/s Bikaji Foods International Ltd., backside of frozen plant, Karni Industrial Area Extension, Bikaner.
e. Bore well No.5 - RIICO Bore well no. 1 of Bichhwal Industrial Area, near Railway Track, Bichhwal Industrial Area, Phase - II, Bikaner. f. Bore well No. 6- RIICO Bore well no. 2 of Bichhwal Industrial Area, behind Arihant Solvex Pvt. Ltd., Bichhwal Industrial Area, Phase -- II, Bikaner.
g. Bore well No. 7 - SKRAU Bore well no. 1, Near Entrance Gate, SKRAU Campus, Bikaner.
h. Bore well No. 8 - SKRAU Bore well no. 2, Near Canteen, SKRAU Campus, Bikaner.
21. Total 08 no's of ground water samples were collected from the various locations in and around the cesspools as well as industrial areas and analyzed for various physico-chemicals parameters and heavy metals parameters to get an idea of possibility of ground water contamination by these cesspools. Results were compared with drinking water standards IS 10500:2012. It has been observed that parameters like Total Dissolved Solids (TDS), Total Alkalinity, Chloride, Nitrate, Nickel, Calcium, Sulphate and Fluoride are on higher side. Some traces of heavy metals were also found in the analysis of some of the samples. The committee felt that the possibility of ground water contamination cannot be ruled out if the stagnant effluent is left as it is, for very long time. However, a detailed study comprising the hydrogeological conditions of the area is required in this regard to ascertain the actual condition of ground water for which any institute of national repute may be engaged.
Detail analysis reports along with Google images of sampling locations are enclosed as Annexure R-10.Drinking Water Standards as per BIS - Drinking Water Specifications (IS: 10500-2012) is enclosed as Annexure R-11."
(Emphasis Added)
5. Reply has also been filed on behalf of State PCB vide email dated 16.09.2022.
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6. In view of the averments made in the application and observations made in the report of the Joint Committee, we consider it appropriate to seek response from (1) State of Rajasthan through Chief Secretary, Government of Rajasthan, (2) Integrated Regional Office of MoEF & CC, Jaipur (3) CPCB, (4) CGWA, (5) State PCB (6) District Magistrate, Bikaner who stand impleaded as respondents No. 1 to 6 and accordingly direct issuance of notices alongwith copies of the application and report of the Joint Committee to them by E-mail requiring them to file their response/reply to the allegations made in the application and observations/recommendations made in the report of the Joint Committee within two months by [email protected] in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF. The registry is also directed to prepare and attach memo of parties with the paper book accordingly.
7. Mr. Nishant Awana, Advocate for RSPCB and Mr. Nikhil Jain alongwith Mr. Abhishek Bisht, Advocates for RIICO has appeared and accepts notice and seeks time to file reply/response on behalf of RSPCB and RIICO. Reply/response on behalf of State PCB and RIICO be file within two months as directed above.
8. List the matter for further consideration on 18.10.2022.
9. In view of the facts and circumstance of the case, we also consider personal appearance of the Managing Director, RIICO and Regional Officer of State PCB on the next date of hearing through VC to be essential for producing the relevant documents and assisting this Tribunal in just and proper adjudication of the questions involved in the case and they are accordingly directed to remain present before this Tribunal on that date. O. A. No. 407/2022 Narayan Das Tulsani Vs State of Rajasthan -8-
10. A copy of this order be forwarded to the Managing Director, RIICO and Regional Officer of State PCB by email for ensuring requisite compliance Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM September 20, 2022 AG