National Green Tribunal
News Item Titled "Act Against ... vs . Ankita Sinha & Ors." Reported In 2021 on 13 May, 2024
Item No. 03 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 517/2024
News item titled "Act against Industrial units polluting Phalguni river:
DYFI appearing in the New Indian Express dated 04.03.2024
Date of hearing: 13.05.2024
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
ORDER
1. This Original Application is registered suo-motu on the basis of the news item titled "Act against Industrial units polluting Phalguni river:
DYFI appearing in the New Indian Express dated 04.03.2024.
2. The matter relates to the release of untreated industrial effluents into the water bodies including Phalguni river in Thokur near Surathkal on the outskirts of Mangaluru (Karnataka). As per the article, industrial units operating in Baikampady industrial area have been polluting Thokur stream and the Phalguni river by discharging pollutrd untreated industrial waste water. The article states that NGT has also issued a notice to Dakshina Kannada district administration on the said issue. (OA No. 307/2022 and OA No. 150/2023).
3. The article further states that palm oil, fish mill and other industrial units continue to pollute Thokur stream and Patanjali Foods Ruchi Soya company was caught red-handed while releasing chemical effluents. As a result, the Thokur stream is once again polluted and the water has turned black. The article alleges that the locals are affected by 1 the petrochemical smell in the area. As per the article, it was found that industrial effluents were released from location of Coke Sulphur unit of the Mangalore Refinery and Petrochemicals Limited (MRPL) into Thokur stream.
4. The above news item indicates violation of the Water (Prevention and Control of Pollution) Act, 1974 and the provisions of Environment Protection Act, 1986.
5. The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.
6. Power of the Tribunal to take up the matter suo-motu has been recognized by the Hon'ble Supreme Court in the matter of "Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors." reported in 2021 SCC Online SC 897.
7. Hence, we implead following as respondents in this matter:
(i) Karnataka State Pollution Control Board (KSPCB), through its Member Secretary, Parisara Bhavana, No. 49, Church Street, Bengaluru - 560 001
(ii) Central Pollution Control Board (CPCB), through its Member Secretary, Parivesh Bhawan, East Arjun Nagar, Delhi-110032
(iii) Deputy Commissioner/District Magistrate, Dakshina Kannada, Mangalore, O/o the Deputy Commissioner, Dakshina Kannada, Mangalore - 575 001
8. Let notice be issued to the above Respondents for filing their response before the appropriate bench of the Tribunal. 2
9. Since the matter relates to the Southern Zonal Bench, Chennai, therefore, OA is transferred to the Southern Zonal Bench for appropriate further action. Office is directed to transfer the original record of the OA to Southern Zonal Bench, Chennai.
10. List before Southern Zonal Bench at Chennai on 26.07.2024.
Prakash Shrivastava, CP Arun Kumar Tyagi, JM Dr. A. Senthil Vel, EM May 13, 2024 Original Application No. 517/2024 AS.
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