National Green Tribunal
Unnikrishnan vs The State Of Kerala Rep By The Chief ... on 20 April, 2022
Bench: Adarsh Kumar Goel, K. Ramakrishnan, Satyagopal Korlapati
Item No. 17 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
SPECIAL BENCH
(By Video Conferencing)
Original Application No. 20/2016(SZ)
Mr. Santo P L Trichur & Ors. Applicant(s)
Versus
State of Kerala and Ors. Respondent(s)
Date of hearing: 20.02.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
Respondent(s): M/s. E. K. Kumaresan for R1 & R5
M/s. Rema Smrithi for R2 to R4
M/s. Vipin Warrier rep by its Saravanan and Vidhyalakshmi
Vipin for R7 to R15, R18, R22 to R24, & R26
ORDER
1. Grievance in this application is against pollution caused by industrial units, impleaded as Respondent Nos. 7 to 26 to this application, operating in District Thrissur, Kerala - M/s.BeePee Gold Imitations, M/s. Indu Ornaments, M/s. Mini Job Works, M/s. Renu Gold Covering, M/s. Dot Engineers, M/s. Rajesh Kumar Electroplating, M/s. Golden View Plating, M/s. Two Stars Designs Gold Covering, M/s. PeeGee Gold Covering, M/s. St. Joseph Engineering and Gold Works, M/s. Anna Plastics Electroplating Works, M/s. Dash Machineries, M/s. Pradeeksha Aluminium Polishing Electo Coloring Unit, M./s. St. Joseph Colour Coats, M/s. United Aluminium Company, M/s. Honest Electro Colouring, M/s. Three Star Electroplating, M/s. Bright & Company, M/s. Bright Procured System and M/s. Bright Procured System No. 2.
1
2. The industrial activity said to be carried out by the units is electroplating in the course of which toxic effluents are generated which are unscientifically discharged in the waterbodies and on the land, in violation of provisions of the Water (Prevention and Control of Pollution) Act, 1974. There is also allegation of some of the units working without requisite consents.
3. The application was filed on 21.01.2016 and has been dealt with by the Tribunal by several orders in the last six years. The matter was first considered on 29.01.2016 when the Tribunal issued notice to the polluting industries as well as to the statutory regulators, including the State of Kerala and the State PCB.
4. The State PCB and the District Magistrate have filed their respective replies, apart from the replies filed by some of the industrial units. By various orders, the Tribunal has noted the continuing violations and issued directions for remedial action. The matter was last considered by this Tribunal on 16.11.2021 in light of status report filed by the State PCB on 23.07.2021, which was inconclusive and merely mentioned that further studies were being conducted.
5. Since matter has been pending for more than six years, we consider it appropriate to pass a final order, considering the material on record, recording our disapproval to the failure of the statutory authorities in performing their statutory public duty, to the detriment of public health and rule of law.
6. As seen from the report of the State PCB filed on 06.12.2021, certain units were inspected and water samples taken but the result of the analysis in not available. The report mentions that issue of recovering 2 compensation on 'Polluter Pays' principle will be taken up after study is completed by Centre for Water Resources Development and Management (CWRDM) engaged by the State PCB. This approach is against precautionary principle. Anticipated action is required when pollution is found even on preliminary assessment. Plea for postponing action for indefinite period cannot be appreciated. In earlier orders, the Tribunal has noticed that there were violations not only of the Water Act, 1974 but also of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016. Thus, only there is violation of environmental norms by the industrial units in question but also failure of the State PCB in performing its statutory obligation of prompt action against such violations. The State PCB is not able to give clear picture of status of compliance by each of the units which has led to prolonged proceedings before this Tribunal for more than six years.
7. Accordingly, we constitute a joint Committee of Senior Officer of CPCB, Member Secretary, State PCB, Director Environment, State of Kerala and District Magistrate, Thrissur to ascertain the compliance status in respect of each of the units within three months and take action to close the polluting units, as per law. If the units are found compliant, the Committee may ascertain the period of past violations, atleast from the date of filing of this application till compliance and for such period compensation may be assessed and recovered on polluter pays principle based on estimated cost of remediation and also taking into account the deterrent element, referable to the financial capacity of each of the units, in accordance with the principles laid down inter-alia in M. C. Mehta & Anr. 3
v. Union of India1, Sterlite Industries (India) Ltd. v. Union of India2, Goel Ganga Developers India Pvt. Ltd. v UOI3.
8. The Committee may file a comprehensive compliance status/action taken report of status as on 30.09.2022 by 15.10.2022 with the Registrar, Southern Bench by e-mail preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. If any further direction is found necessary, the Registrar may place the matter before the Bench. The compliance report may mention about standards of water quality and compliance of ZLD condition to prevent discharge into water bodies and land. The report may also mention about the environmental compensation recovered and utilised for restoration of environment.
Subject to above, the application is disposed of. A copy of this order be forwarded to CPCB, State PCB, Director Environment, State of Kerala and District Magistrate by e-mail for compliance.
Adarsh Kumar Goel, CP K. Ramakrishnan, JM Sudhir Agarwal, JM Dr. Satyagopal Korlapati, EM Prof. A. Senthil Vel, EM April 20, 2022 Original Application No. 20/2016(SZ) SN 1 (1987) 1 SCC 395 2 (2013) 4 SCC 575 3 (2018) 18 SCC 257 4