Digvijay Singh vs State Of Rajasthan on 7 December, 2020

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National Green Tribunal

Digvijay Singh vs State Of Rajasthan on 7 December, 2020

Bench: Adarsh Kumar Goel

Item No. 4                                                      Court No. 1

                 BEFORE THE NATIONAL GREEN TRIBUNAL
                     PRINCIPAL BENCH, NEW DELHI


                   Original Application No. 34 (THC)/2014

         (Arising out of CWP No. 2844/2011 on the file of the Rajasthan
                                  High Court)

Digvijay Singh                                                  applicant(s)

                                     Versus

State of Rajasthan & Ors.                                    Respondent(s)


Date of hearing: 07.12.2020


CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
       HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
       HON'BLE DR. NAGIN NANDA, EXPERT MEMBER

Applicant:          Mr. Digvijay Singh Applicant in Person

Respondent(s):      Ms. Pushp Gupta Advocate for MoEF & CC
                    Mr. Adhiraj Singh Advocate for RSPCB
                    Mr. A.K Prasad Advocate for CGWA
                    Mr. Sanjeet Purohit Advocate for RIICO
                    Mr. Vinay Kothari Advocate for CETP



                                     ORDER

1. Proceedings in this matter arise out of D.B. Civil Writ Petition No. 2844/2011 before the High Court of Rajasthan at Jodhpur, which has been transferred to this Tribunal. The Writ Petition sought remedial action against pollution caused by the textile industries at Balotra, Bithuja and Jasol in District Barmer. The applicant is an advocate at Jodhpur and filed the petition by way of Public Interest Litigation (PIL) alleging discharge of toxic effluents by the textile industries, over and above the capacity of the Central Effluent Treatment Plant (CETP), which resulted in irreversible damage to the environment, including the groundwater quality and table, lives and health of the local residents. This also affected holding of 1 historical animal fair in the area. The discharge of effluents has taken shape of a virtual river, flowing continuously from Balotra, Jasol and Bithuja through Tilwara, where the Animal Fair was organized. The discharge is ultimately going to the Luni River and then to the marshy land of Rann of Kutch. The applicant stated that the violations of environmental norms remained uncontrolled by the authorities, in violation of Public Trust Doctrine.

2. The High Court, vide order dated 16.12.2013, transferred the proceedings to this Tribunal. The matter was taken up before this Tribunal on 05.03.2014. The application was admitted and response of opposite parties was sought.

3. The matter has thereafter been considered on several occasions in the last more than six years. Reference may be made only to some of the important orders. Vide order dated 19.03.2015, a joint Committee comprising of Central Pollution Control Board (CPCB) and the State PCB was constituted to assess the situation on the ground, after joint inspection. On 15.05.2015, on consideration of the report of the joint Committee, it was found that CETPs were not functioning properly. There was also non-compliance of Hazardous Waste Management Rules, 2016.

The Tribunal directed remedial action and filing of compliance report.

4. Vide order dated 09.07.2015, after considering the compliance report and noting that the deficiencies continued, the Tribunal further directed remedial action by the State PCB, Central Ground Water Authority (CGWA) and the CETP Management. Relevant discussion in the said order is quoted below for ready reference:

" xxx xxx xxx 2 ... We had, therefore, directed Joint Inspection by CPCB and RPCB of the respondent no. 8 and 9 CETP units on 19th March, 2015. Upon such inspection, the recommendations were placed before us by the Joint Committee of RPCB and CPCB concerning the matter of running of CETPs. From these recommendations, we could realise that

(i) things at CETPs were not in order in as much as effluents were carried to the CETPs through tankers and not through the closed conduit pipeline fitted with electro-magnetic flow meters ii) the Industrial units and the CETPs constituted by them have not obtained consents under Hazardous Waste Rules, 2008 (iii) Bore-wells being operated in critical dark zone, presently described as over exploited area and iv) work of installation of R.O in CETP was stalled. We therefore, directed the Prabodhan Samiti of CETP supervising the Management of the CETPs to enforce the recommendations and submit the action taken report before us and till that time we prohibited the industries which are the members of the CETPs respondent 8 and 9 in question not to carry on their industrial activities vide order dated 15 May, 2015. In the present application this very order is sought to be modified thereby permitting the said industrial units to resume their operations.

Learned Counsel appearing on behalf of the respondent 8 and 9 the CETP in question submits that they - each Member industry are prepared to move applications for consent to extract ground water and would also make appropriate applications to the Rajasthan Pollution Control Board for their registration as well as for consent to handle the Hazardous Waste. In this regard Dr. Arjit Day, Scientist (D), CGWA, Jaipur explains before us that the areas of Balotra, Jasol and Bithuja have not been notified and as such the applications for registration and grant of permissions cannot be entertained. However, he submitted that this area falls in over exploited region which is the most serious condition of ground water development. According to him, the Geographical area in relation to the extent of water table has been classified into semicritical, critical and over exploited areas in the ascending order of severity of ground water depletion. Evidently, this area may not be called as dark critical zone but can be referred to as 'over exploited' area in relation to the ground water development. According to him, the CGWA is obliged to consider the applications of the new industries in such region for exploitation of ground water. However, as per guidelines in such areas, the water extensive industries cannot be permitted to exploit water for their needs. However, in the instant case, the industrial units have been existing there for over last 30 years and using ground water without having been registered with CGWA and without any NoC from CGWA.

Learned Counsel appearing for the RPCB submits that such units have been paying water cess on self assessment basis in respect of the water consumed. In view of over exploited condition of the ground water table, it is just and necessary that all these units approach the CGWA for registration as well as for their NoC through the RPCB. This will facilitate the collection of realistic data regarding ground water exploitation as well as the authorities to take informed 3 decision in matter of extraction of ground water and fixation of water cess on actual consumption basis. We, therefore, direct all industrial units which are the members of the CETPs to approach CGWA through RPCB for registration of their bore-wells and for grant of NoC in accordance with law.

It is not disputed that waste is generated by textile processing units as an effluent is Hazardous Waste within the meaning of Rule 3(l) of the Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008. Rule-3 (b) defines authorisation as a permission for generation, handling, collection, reception, treatment, transportation, storage, recycling, reprocessing, recovery, reuse and disposal of hazardous waste granted under sub- rule-4 of Rule-5. These Textile units generate, collect and transport their effluents, which fall within the category of hazardous waste to the CETPs for further treatment. In our considered view, therefore, the submission made on behalf of the RSPCB that only a CETP would require authorisation under the Hazardous Wastes (Management & Handling) Act is without any merit. These textile industrial units which are the Members of the CETPs would, therefore, require authorisation under the said Rules. We, therefore, direct all the industrial units which are members of Respondent - CETP to approach the RSPB for grant of authorisation.

Learned Counsel appearing for RIICO has submitted that the work of laying conduit pipeline for transporting the effluents to the CETP will be completed by 31.07.2015. According to him, only 2km stretch of pipeline remains to be laid for its commissioning. Thus, only the question of installations of R.O remains to be sorted out before us.

Learned Counsel appearing on behalf of the respondent CETP submitted that R.O. has specific function to reduce the TDS and bring it to the permissible TDS limits as prescribed. In the instant case he submits what is prescribed as the standard TDS level in ground water is 2100 mg/l on the basis of average TDS of ground water which is ordinarily 200 to 500 mg/l. He submits that the TDS level in the ground water procured in the industrial units from the ground in the entire area of Balotra, Bithuja and Jasol is in the range of 2000 - 25000 mg/l and proportionately therefore, the TDS standard which is universally applied needs to be modified and made realistic with the natural scenario in the area. It is for this reason, he submits he has made counter petition in the present case for declaring the standard parameters of TDS illegal. It appears none have replied this counter Writ Petition. Replies of the CPCB and MoEF in this Counter Writ Petition are of great consequence. Learned Counsel appearing on behalf of the MoEF and CPCB submit that replies will be filed on or before 10th August, 2015. At this stage, therefore, it will not be possible to debate and come to some conclusion as regards the realistic parameters of TDS in the ground water in the area. We will therefore, be bound to follow the standards of TDS for ground water prescribed as of now.

Learned Counsel appearing on behalf of the CETPs Respondent No. 8 and 9 submits that the Hon'ble High Court had rejected the prayers of the applicant to revoke consent to operate order dated 11- 4 7-2011 passed in favour of Respondent No. 8 in view of the non compliance of conditions to operate and for discharging the effluents into river by way of sprinklers vide Judgement dated 30-5-2015. In view of such order, he submitted it should be the matter of concern for this Tribunal as to whether the operations of each industrial units which are the members of the CETP should be stopped. He further submitted that there are several industrial units in the area which do not have any consent and who operate in non- confirming areas and their operations add to the pollution of the environment. According to him, the applicant has turned a blind eye to the illegal industrial units contributing to the pollution and for extraneous considerations sought to malign the Respondent No. 8. Learned Counsel appearing on behalf of the RSPCB submits that they had closed down more than 200 industrial units who have been operating clandestinely and contributing to the environmental pollution.

We direct the RSPCB to continue with these operations and publish on their website as well as in the local newspaper a notice inviting the industries to approach them for valid consent and warn them that if they fail to register their activities and obtain requisite consents the action of shutting down their units would follow. We also hope that the applicant and Respondent Nos. 8 and 9 and every industrial unit shall help the RSPCB in detecting such errant units. They may approach the RSPCB with whatever information they have about the clandestine operations of such units.

Learned Counsel appearing on behalf of the CETP however, submits that they envisage plantation using HRTS techniques for utilisation of treated effluents. In terms of the consent to operate dated 11-10-2013. We find from the joint inspection report of the CETP at Balotra that the CETP members have been toying with this idea of HRTS techniques since 1998 and nothing concrete resulted there-from. Even as of today, we find from the feasibility study report on impact of HRTS techniques on discharge of waste water in Balotra, Bithuja and Jasol submitted by Survey Technology Limited on 26-06-2015 in consultation and association with NEERI Mumbai, Techno-green Environmental Solutions Pune and Das Rasayanic Services, Solution Agra that it is a primary report based on a publication of the work at the experimental level in the international journal of Engineering Research & Technology Vol-II issued on 12th December, 2013 by Dhanya, G Jaya, Department of Science, University of Kerala, Thiruvananthapuram. This work of Dhanya and others is at the experimental stage and much has to emerge as regards the actual field conditions. A fact, however, remains that the CETP has to have reverse osmosis plant of adequate capacity so as to come to the level of zero liquid discharge as expected in the consent to operate dated 11-10-2013. We would have, therefore, to wait till further developments regarding the compliance of the other directions regarding extraction of ground water, registration of the individual units under Hazardous Waste Management Rules and laying of the conduit pipeline including fixation of electro-magnetic flow meters at the points of extraction of ground water and at the points of delivery of the effluents through the pipeline. This will ensure to the great extent the further damage to the environment as well as the quantification of such damage as a result 5 of certain things being not in place. Learned Counsel appearing on behalf of the CETP Respondent No. 8 and 9 submitted that they are prepared to commence with the work of installation of R.Os at their cost subject to receiving of sanctions to the grant of financial aid from State and Central Governments. In this context, statement is made by the Learned Counsel appearing on behalf of the MoEF, Central Government that sanction in principle has been granted to the project at Balotra for financial aid and such sanction to the grant of financial aid in respect of Jasol is under consideration and is likely to be granted within 15 days. Necessary instructions in this regard may be obtained to make a concrete statement."

5. Vide order dated 04.10.2017, the Tribunal took cognizance of the breach of High Rate Transpiration System (HRTS) reported by the applicant and non-functioning of CETPs, resulting in discharge of untreated effluents in river Luni and directed remedial action by the concerned authorities. It was noted that such breaches were happening frequently.

6. On 5.05.2018, the Tribunal appointed a Commissioner (Dr. Ajay A. Deshpande, former Expert Member, NGT) to verify the compliance status and furnish an independent report. Accordingly, the Commissioner visited the site and submitted its report dated 24.05.2018 with following summary:

"G. SUMMARY

32. The commission visit observations can be summarized as follows;

a. CETP:

i. CETPs at Balotra, Jasol and Bithuja are not adequate to treat the consented effluent generation from the respective catchment area and hence, are being voluntarily operated at reduced hydraulic capacity. Even after this, the total effluent is not able to be treated as per consented norms, for TDS. ii. The CETPs are being upgraded with addition of RO plants and more mechanical foggers/sprinklers but the exact time frame for such up gradation is still not finalized. Such upgradation needs to be holistically examined in order to ensure the long term efficient operations of the plant.

iii. The RO rejects along with partially treated effluent from CETP is taken to solar evaporation ponds in closed HDPE pipe line now. CETP has also laid down HDPE effluent collection pipeline network with SCADA system for better management of incoming effluent. This has reduced the leakage, seepage and storm water mixing significantly.

iv. Large quantities of hazardous waste are stored in CETP areas, which requires speedy disposal. The ponds at Balotra are full of effluent and it cannot be seen how much HW is accumulated at the bottom of these tanks. The Hazardous waste handling needs to be improved by effective drying practices and also, proper characterization and regular disposal.

b. HRTS: (Evaporation ponds) i. There is no HRTS system or any plantation/agriculture for disposal of treated effluent.

ii. The solar evaporation ponds at Bithuja, Jasol and Balotra (old HRTS site) are unlined except one (1) pond. The other lined pond is subsumed by a larger unlined pond. There are reasonable chances that the stagnant effluents at these ponds contribute to seepage/leakage of effluents to adjoining river iii. As the existing ponds are not adequate to cater even the present reduced effluent, additional area has been allotted by the solar evaporation ponds being developed at new location at Khed near CHWTSDF which are being HDPE lined.

C. Effluent in river:

i. Some of the effluent collections and conveyance pipelines leading to Jasol and Bithuja CETP are passing through the river bed, which are open and prone to any damage resulting in effluent discharge in river. It is necessary to immediately reroute them, may be along the road.

ii. There are symptoms of effluent and hazardous waste presence in the River at certain locations at detailed in Report. RPCB needs to issue directions to lift this effluent and hazardous waste for necessary treatment and disposal.

iii. There was continuous seepage from the ponds near the stone pitched section of old HRTS entering in the river, which needs to be diverted back for treatment.

iv. There are at least two reported incidents of 5.3.2018 and 17.4.2018 where RPCB has observed 7 breach/bypass resulting into discharge of effluent in river.

d. There is a huge gap of scientific and technology based regulatory interventions from RPCB and CPCB, in terms of characterization of CETP influent and effluent, CETP unit process performances, HRTS Vs Solar evaporation ponds, consent conditions, reuse of RO supernatant for industrial purposes, issuance of directions for reduced hydraulic capacity of CETP, hazardous waste handling and characteristics.

33. Way forward;

Thought scope of commission is very specific, following points would be helpful for improving overall environmental management in the industrial areas.

a. The entire industrial water use in this area is based on ground water. This area is already a critical area from ground water availability point of view. It is necessary to make it mandatory to reuse the RO supernatant for industrial purposes as it has reduced TDS of 3-5000 mg/lt against 8000- 20000 in the natural ground water. This will not only reduce groundwater extraction but also, reduce the effluent sent for solar evaporation, besides making CETP operations more viable.

b. Individual industries need to segregate their effluent for separating very high TDS streams like silicate streams, which can be separately treated by CETP to reduce TDS load on CETP and RO plants.

c. Individual industries who have installed own ETP and not the members of CETP need to be regulated effectively by conducting surprise audits of their claims for effluent disposal by solar evaporation. There are more than 100 units and they are important part of environmental management of the industrial area. Previously, stringent action including closure has been taken by RPCB against many of these units.

d. It is necessary to check the stability of the ponds through a structural safety audit urgently and take suitable strengthening measures. In the meantime an electronic surveillance along with watch and ward shall be in place to identify any breach and leakages. e. The construction of ponds at new site near CHWTSDF shall be expedited and put into use after necessary approvals. The existing unlined ponds at Balotra shall be gradually discontinued simultaneously. RPCB needs to assess the adequacy of ponds using 8 the solar evaporation rates for the particular type of effluents rather than a straight jacket formula. f. ZLD plant up gradation shall be expedited and till that time the CETPs may be operated even at lower capacity in proportion to the solar evaporation pond capacities.

g. A holistic appraisal of the entire effluent management in the industrial area including treatment, disposal and reuse shall be undertaken to ensure that proposed up gradation is sustainable in long term. One option for examination could be to treat this industrial effluent along with domestic wastewater of Balotra.

h. RPCB has a skeleton staff and infrastructure at Balotra. There is no full-fledged laboratory and samples are sent far away to Kota. RPCB needs to strengthen their scientific manpower and infrastructure at Balotra on priority. RPCB need to have an enforcement policy of the RPCB with a focus on scientific appraisal and evaluation of the pollution control systems and status of environment for taking science based informed regulatory decisions."

7. On 6.7.2018, the Tribunal considered the report and directed that the same be acted upon by the State PCB to ensure that the area is made free from pollution. The compliance status was further considered on 03.08.2018 as follows:

" xxx xxx xxx However, the Learned Counsel for the Applicant has submitted that in the action plan submitted by RSPCB, there are other recommendations made by the Court Commissioner which have not been included by the Member Secretary.

According to him, firstly, nothing has been said about the damaged pipeline of Gandipura which transport effluent to Bithuja CETP, as a result to which the effluent is discharged in river Luni. Further, it is said that the pipelines are spread out in the river bed of Jasol industries for transporting to Jasol CETP.

Secondly, concrete boundary wall of Bithuja HRTS land and HDPE lining has not been done. Immediate action is required to stop the percolation into ground water which would result in its contamination.

Thirdly, the RO Plant for Bithuja is still pending consideration before the Committee for Environmental Clearance. The same needs to be expedited.

Fourthly, the hazardous waste at Bithuja CETP is lying in open. It requires to be removed in a proper manner by transporting it to RAMKY landfill area.

Fifthly, there are about 100 ETP units operating in Balotra-Bithuja and Jasol but they do not dispose the hazardous waste scientifically nor they are performing the forced solar evaporation. It causes serious danger to the Environment.

All the aforesaid points mentioned by the Learned Counsel for the Applicant have been duly noted by the Member Secretary, PCB present in person."

8. Since the default was continuing, vide order dated 23.08.2018, the Chairman and the Member Secretary of the State PCB were required to appear in person. Vide order dated 10.12.2018, the Tribunal noted that there was huge discharge of untreated effluents in river Luni on 04.12.2018 which was not disputed by the CETP Trust. Though the stand of the CETP Trust was that industries functioning illegally were responsible, this plea was rejected. The CETP Trust having 214 industrial units was required to pay environmental compensation of Rs. 1 crore for restoration of environment.

9. On 07.01.2019, a joint Committee of Dr. Ajay A. Deshpande, former Expert Member, NGT and Professor A.P. Singh, Professor and Dean, BITS Pilani was required to examine the functioning of 111 ETPs and 03 CETPs, HRTs and the other facilities and submit updated status on the ground.

10. Accordingly, the joint Committee visited the sites on 24th - 25th January, 2019 and submitted its report dated 19.02.2019. The issues of concern framed by the Committee were mentioned in the report as follows:

"3. Issues of concern:

i. River Luni is polluted due to discharge of industrial effluents and sewage disposal.

ii. Polluted water discharged/flowing into River Luni and illegally discharged in surrounding areas are a constant threat for the riverine system of Luni, health of villagers and to the agriculture.

iii. Installed CETPs not achieving zero liquid discharge (ZLD) and effluents being discharged into River Luni directly or indirectly.

iv. The functioning of solar evaporation ponds (so called HRTS) are not effective. Allocating more number of solar evaporation ponds with increase in land area of RO reject is not an effective solution.

v. Industries with individual ETPs and solar evaporation do not comply fully with the environmental quality standards.

vi. Industries discharging effluents to CETPs do not comply fully as they do not have primary effluent treatment plants (PETPs)."

11. The Committee referred to the background of deficiencies in working of CETPs, HRTS resulting in discharge of untreated effluents in the river.

The Committee carried out inspections of the CETPs, Solar Evaporation Ponds (SEPs), river Luni and had interaction with the villages and farmers.

The Committee found huge gap of scientific and technology based regulatory interventions from RPCB and CPCB, in terms of characterization of CETP influent and effluent, CETP unit process performances, HRTS Vs Solar Evaporation Ponds, consent conditions, reuse of RO supernatant for industrial purpose, issuance of directions for reduced hydraulic capacity of CETP, hazardous waste handling and characteristics.

12. The observations of the Committee with regard to functioning of the CETPs are:

"7. Observations:

7.1 Common Effluent Treatment Plants (CETPs):

The Committee visited all the three CETPS located in Balotra, Jasol and Bithuja to study following aspects;

a. Installed and utilization capacity b. Inlet and outlet effluent quality c. Stipulated consent conditions d. Unit wise operations 7.1.1 CETP located at SPL-2, RIICO Industrial Area, Khed Road, Balotra:

i. This CETP is meant for receiving effluent from 403 industrial units of allocated wastewater discharge capacity of 15.33 MLD. There are 120, 114, 139 and 30- member units which are located in 1st phase, 2nd phase, 3rd phase and 3rd phase Ext. industrial area of Balotra with 3.031 MLD, 4.614 MLD, 6.376 MLD and 1.312 MLD allocated wastewater discharge capacity respectively. These industrial units are mainly textile processing units dealing with Dyeing, Printing and Finishing.

ii. Installed capacity of CETP 1s 18.00 million litres per day (MLD). At the time of inspection, the inlet flow was about 6.3 MLD.

iii. Though the plant has installed 6.0 MLD capacity RO Plant, it is not satisfying the overall full capacity treatment requirements of member industrial units and therefore presently, these industries are operating with 50% of its capacity. Also, scientifically whether this RO plant is capable to operate there is a need to assess at its full capacity of 6.0 MLD. Approx. 1.5 MLD RO permeate water has been used by member units using tankers out of 8-9 MLD raw industrial wastewater. Remaining waste water is going to Solar Evaporation Ponds (so called HRTS). Thus, ZLD condition is not being achieved/fulfilled by the plant at all. It is essential that a scientific mechanism is developed in association with RIICO for reutilization of treated water with the industries. It is also necessary that RSPCB must conduct frequent surprise checks (at least fortnightly) to verify influent and effluent characteristics along with their flow observations at each unit level of the plant (i.e. primary, secondary, tertiary, inlet to RO plant, outlet of RO plant with permeate and RO reject, solar evaporation ponds etc.) conditions. All data pertaining to frequent checks must surprise be recorded and made available in RSPCB office at Balotra which can be verified by concerned agencies wherever needed.

iv. It has been informed that work order of 18.0 MLD capacity RO Plant has been given on 05.07.2018. However, its installation process including construction of foundation of unit, procurement of machinery/ equipment/ membrane etc. is very slow which clearly indicates that non-

compliance of CETP standards would continue to damage environment and ecosystems without adequate ZLD process completion through heavy loadings of untreated waste water on SEPs.

v. The consent granted to operate this CETP (Annexure R2) is valid till 31.7.2022 and stipulated with condition to dispose quantity of treated effluent as well as RO Reject into solar evaporation ponds (so called High Rate Transpiration System). The disposal of treated effluent is being done at 274 Bigha land in Ambey Valley Area and 175 Bigha land in village Khed.

vi. The technical data of CETP is provided at Annexure R-3.

Though this CETP is designed based on raw water characteristics with TSS 800mg/L; BOD 500-700 mg/L COD 1300-2000 mg/L, surprisingly the actual average values of these parameters for the last six months have been received at the plant with 4017 mg/L (@2470-6250 mg/L); 3400 mg/L (@2602-3904 mg/L); 660 mg/L (520- 840 mg/L) respectively. These values are much higher than the designed values of TSS and COD parameters which clearly shows that plant is not designed appropriately and not complying with the standards (Annexure R-3(1) & 3(2)).

vii. The flow measuring meter is not installed at the inlet of CETP, the same has been installed at inlet of equalization tank which may not record the actual industrial influent discharge received from member units. It is suggested that flowmeter should be installed at the very inlet of the plant so that correct and actual recording of flow from all member units can be ensured in order to assess the diurnal variations and its trends.

viii. As per the authorization consent given by RSPCB (validity of two consents up to 30.04.2020 & 31.05.2023) to dispose hazardous wastes to TSDF site for CETP Balotra is for the quantity 280 MT per month + 350 MTA (1.e. 3710 MT annually), CETP Balotra has disposed hazardous wastes to TSDF site of about 9697 MT from April 2018 to January 2019 which is much beyond the authorisation limits (Annexure R-4).

ix. This plant is 'non-complying' with respect to;

a. Not meeting the standards with respect to some parameters such as BOD, COD (condition 5 given in the consent) b. Forced evaporation by Mist evaporators is not effective in handling the total inlet quantity of 13 R.O. rejects effluent. Also, location of Mist evaporators provided in solar evaporation ponds are not proper as they have been provided at the embankment boundary adjacent to others land/ farm or the river bank.

c. Sludge was found stored haphazardly and spillages have been observed at some locations within the premises of CETP.

d. Though upkeep of this plant is satisfactory with respect to maintenance of machinery, disposal of effluent to solar evaporation ponds is not effective in terms of the final disposal.

e. Hazardous wastes disposal to TSDF site is much beyond the authorisation limits prescribed by the RSPCB. Though authorization limit is about 3710 MT annually but disposal has been taken place of about 9697 MT from April 2018 to January 2019. This could be due to sludge stored in the CETP premises and directions by NGT.

f. 2-solar evaporation ponds have been newly constructed in Khed area in addition to 7 in use solar ponds. However, no consent/approval has been taken to construct these newly constructed ponds (Annexure R-5).

g. During the discussions, villagers claim that these solar evaporation ponds are leaking as a result contaminating agricultural farms, groundwater and TSDF site which was also observed by the committee members during the site visit in Khed area ponds.

7.1.2 CETP located at Samdari Road Bithuja:

i. This CETP has an installed capacity of 30.0 MLD to cater need of 214 industries located in Bithuja (including Gandhipura) with about 17.12 MLD of discharge. These industrial units are mainly textile processing units dealing with Mercerising and Washing processes. At the time of inspection, the inlet flow was about 8.23 MLD.

ii. The consent granted to this plant (Annexure R-6) was valid up to 31.08.2017 and stipulated with condition to dispose quantity of trade effluent into land, horticulture and other uses.

iii. The technical data of CETP is provided at Annexure R-7.

iv. Though the Plant manager has reported that they were recycling 40% of the treated waste water back to industries for reuse, the flow meter for reuse of treated waste water to member industries was not 14 installed and hence it cannot be verified. Also, actual flow received from stabilization ponds of CETP Bithuja to Solar evaporation ponds are not recorded accurately. The inlet flow measurement has been started from 14 January 2019 (2 weeks before the scheduled visit of inspection team). There was no mechanism of inlet flow measurement earlier.

v. It is important that RSPCB must conduct frequent V. surprise checks to verify influent and effluent characteristics along with their flow observations at each unit level of the plant (i.e. primary, stabilization ponds, solar evaporation ponds) conditions. All data pertaining to frequent surprise checks must be recorded and made available in RSPCB office at Balotra which can be verified by concerned agencies wherever needed.

vi. The peripheral walls of waste stabilization ponds were found damaged at many places which are required urgent as to avoid any seepage repair/maintenance so overflow.

vii. The stone pitching was found at outer side of pond no. 1 of solar evaporation ponds of CETP Bithuja from one side of earthen bund only.

viii. Plantation in the CETP premises was not found adequate.

ix. The details of sludge transported & stored at storage yard are not maintained properly.

x. Large quantities of caustic sludge with hazardous wastes are also accumulated at the bottom of ponds/stabilization ponas Used for CETP at Bithuja. This also clearly indicates that different units of this CETP are non-complying and partially treated industrial wastewater have been contaminating not only river Luni (surface water) but could also contaminate groundwater and soil/land. There is a need to speedy installation of caustic recovery plant.

xi. This plant is 'non-complying with respect to;

a. The consent granted to this plant was valid up to 31.08.2017 and stipulated with condition to dispose quantity of trade effluent into land, horticulture and other uses.

b. Not meeting the standards (condition 5 given in the previous consent).

c. Plantation in the CETP premises was not found adequate.

d. Upgradation of CETP for caustic recovery. e. The disposal of trade effluent is being done presently at 32 Bigha land. Not utilizing effluent with effective high rate transpiration system (HRTS). (Condition 17 of the consent granted). No record of reutilization of treated wastewater was found.

f. It has been observed that just behind stabilization ponds, a lot of sludge has been covered with external soil/sand just before Committee visit to the site. It appears sludge handling is not appropriate. Actual ground condition used to be different than that at the time of inspection of announced visit of the committee members.

g. A number of newspapers have reported that illegal1 discharge of effluent into river used to takes place, for which RSPCB has issued notice to CETP authorities very recently (Annexure R-

8). Also, illegal discharge into river catchment from solar evaporation ponds has been observed as shown in Fig. 2(a) and Fig 2(b). The illegal discharge was also confirmed by using satellite images which has been accessed by the committee on 17.02.2019 just before submitting this report.

7.1.3 CETP located at Jasol Laghu Udyog Mandal, Nakoda Road, Jasol:

i. This CETP is meant for receiving effluent from 112 industrial units of allocated wastewater discharge capacity of 4.63 MLD. These industrial units are mainly textile processing units dealing with Dyeing, Printing and Mercerizing. ii. Installed capacity of CETP is 4.0 MLD (another unit of 2.5 MLD is not in operation). At the time of inspection, the inlet flow was about 1.30 MLD.

iii. It has installed 2.5 MLD capacity RO Plant. Approx. 0.5 MLD RO permeate water has been used by member units. iv. The consent granted to operate this CETP (Annexure R9) is valid till 31.1.2022 and stipulated with condition to dispose trade effluent quantity of 1.5 MLD through solar evaporation and remaining 2.5 MLD to be used through recycling. The disposal of treated effluent is being done at 17 Bigha and 17 Biswa land. v. The technical data of CETP is provided at Annexure R-10. vi. This plant is 'non-complying' with respect to;

a. Not meeting parameters such as BOD, Chloride and Sulphates particularly (condition 11 given in the consent). Thus, effectiveness of SBR unit needs to be assessed and monitored closely. It is necessary that RSPCB must conduct frequent surprise checks (at least fortnightly) to verify influent and effluent characteristics along with their flow observations at each unit level of the standards with respect to some plant (i.e. primary, secondary, tertiary, inlet to RO plant, outlet of RO plant with permeate and RO reject, solar evaporation ponds/ mist splasher etc.) conditions. All data pertaining to frequent surprise checks must be recorded and made available in RSPCB office at Balotra which can be verified by concerned agencies whenever needed. b. Water flow measuring meters at inlet to CETP /for tertiary treatment & RO rejects found not working. c. Details of waste water treated/reused/forced evaporated (HRTS) has not been maintained properly as not correct correlation exists. d. Sludge drying beds found fully filled with sludge.

e. Scum formation was found observed in equalization tank which indicates that aeration system was not working properly.

f. Though upkeep of this plant is satisfactory with respect to maintenance of machinery, disposal of effluent to solar evaporation ponds and forced evaporation by Mist evaporators/splasher are not effective.

g. The stack height of the D.G. Set (320 KVA)-01 is not adequate.

h. Plantation in the CETP premises was not found adequate. They should develop green belt using treated effluent.

i. It has been observed that bank of Luni (behind this CETP) has been filled with external soil/sand and labelled through JCB just before Committee visit to the site. It appears all illegal disposal were covered to hide the real status of the site as shown in Fig.

4.

j. There were few discharge pipes which are connected from tanks to outside towards bank of river Luni as shown in Fig. 5. When it was asked about purpose of these pipes, no satisfactory answer was received from CETP officials.

k. The illegal discharge in the river was observed at the location behind CETP Jasol by using satellite images which has been accessed by the committee member on 17.02.2019 just before submitting this report as shown in Fig. 6.

7.1.4 Solar Evaporation Ponds:

a. Solar Evaporation Pond (HRTS-1 Old) Balotra:

i. It is situated on the bank of river Luni and across this on the other side of river Jasol industrial area is located. Discharging of untreated wastewater from legal/ illegal industries in the Balotra zone is a regular phenomenon.

ii. The solar evaporation ponds at Balotra (old HRTS site) are unlined except one (1) pond. The other lined pond is subsumed by a larger unlined pond. Rest 04 ponds were not found lined. Seepage of waste water towards River Luni was also observed. The stone pitching at the boundary walls of lagoons was not sufficient.

iii. There are reasonable chances that the stagnant effluents at these ponds contribute to seepage/leakage of effluents to adjoining river. Committee found that seepage is taking place from these ponds which is joining river Luni as shown. The seepage into river can also be observed clearly through satellite images which has been accessed by the committee 17.02.2019 just before submitting this report as shown in Fig. on 7.

iv. Similarly, discharge of waste water from Solar Evaporation Ponds (so called HRTS) in the river is also regular phenomena. Surface evaporation rate in this region is about 5 mm to b mmm per day. The area of the ponds is insufficient to evaporate the highly polluted waste water even after installation of mechanical mist evaporator. Installation of these mechanical mist evaporators are not effective at all. Ponds are also not fully lined with the impervious material.

v. Industries operating on the bank of river blame, SEPs authority and SEPs authority blame industries, for the presence of industrial waste water in the river.

b. HRTS near TSDF Site, Khed Village:

i. These solar evaporation ponds are lined with HDPE sheets but are not completely impervious because of damage of lining (improper jointing etc.). Thus, highly polluted water is continuously percolating in the soil and contaminating agricultural lands. The area of the ponds is not sufficient to evaporate this huge amount of wastewater. In fact, solar evaporation technology for evaporation of huge amount of wastewater is not suitable as large area of land is required.

ii. Solar evaporation ponds were found almost completely filled with treated effluent. However, no boundary wall was found around the periphery of these solar evaporation ponds.

iii. The major concern is related to permission/authorisation of these SEPs by RSPCB. Even after specific request, the Committee was not shown copy of such permission by RSPCB. It was mentioned that the existing consent of CETP has HRTS condition hence the same consent is applicable and valid tor this site. However, the committee is of opinion that as the CETTP and new SEPs are located at distance, the same consent which is a site specific document, is not applicable at new SEPs site which is more than 10 km away. Another concern is that according to CPCB guidelines for TSDF, published under Hazardous Waste Rules which are part of rules as per the special provisions of HW Rules, there needs to be a buffer of at least 50Om from TSDF. And therefore, such installation of SEPs next to TSDF is not only violation of HW Rules, but pose significant risks to TSDF operations and also, the environmental status of the area. The RSPCB surprisingly has not taken any regulatory steps as required by the law.

iv. 2-solar evaporation ponds have been newly constructed in Khed area in addition to 7 old solar ponds. However, no consent/approval has been taken to construct these newly constructed ponds as was reported at the time of inspection. (Annexure R-5).

v. It may be noted that a Petroleum Refinery has also been proposed in this area. The construction is in progress which may start soon. It may further lead to the establishment of petroleum-based industries in the region producing additional hazardous wastes. vi. A number of newspapers have reported that illegal discharge of effluent into river used to takes place, for which RSPCB has very recently issued notice to CETP authorities as already discussed in sec 7.1.1 [Annexure R-8).

vii. It has been observed that seepage/leakage of effluents from SEPs to adjoining areas are taking place continuously. The HDPE liners of all lagoons were found punctured/tear off from the boundary wall side at HRTS II at Village- Khed, Balotra.

viii. During the discussions, villagers claim that these solar ponds are leaking as a result contaminated water has been impacting agricultural farms and groundwater which was also observed by the committee members during the site visit in Khed area ponds as shown in Fig.

8. Even contaminated wastewater is seeping in the premises of TSDF site. The seepage agricultural land and within the premises of TSDF site can also be observed clearly through satellite images which has been accessed 19 by the committee member on 17.02.2019 just before submitting this report as shown in Fig. 9.

c.        Bithuja Solar Evaporation Ponds:

        i.     It is also situated very close on the bank of river. The

discharge of untreated waste water from both legal/ illegal industries in the Bhithuja area is a regular phenomenon.

ii. Similarly, discharge of waste water from Solar Evaporation Ponds (so called HRTS) in the river is also regular phenomena. The illegal discharge was also confirmed by satellite images which has been accessed by the committee member on 17.02.2019 just before submitting this report as shown in Fig.

10. Fig. 11 also demonstrates illegal accumulation of industrial wastewater.

iii. The area of the ponds is insufficient to evaporate the highly polluted waste water even after installation of mechanical mist evaporator. Installation of these mechanical mist evaporators are not effective at all. Ponds are also not fully lined with the impervious material.

iv. Though the solar evaporation ponds at Bithuja are lined, it is not very effective due to absence of geo- synthetics at the bottom of the ponds, which is necessary not only to provide stabilization of top lining but also to prevent blooming of top membrane. As a result, top lining membrane get punctured at several locations. Thus stagnant effluents at these ponds contribute to seepage/leakage of effluents to both ground water and adjoining river.

7.2 xxx...........................xxx...................................xxx 7.3 Common problem in individual ETP industries claiming ZLD and not member of CETPs • Some industries have not provided meter at RO reject, RRO feed & RO permit for calculation of waste water treated through RO.

• There is possibility of using flexible pipes by some of the industries to transfer settled sludge which is generated from primary clarifier from one tank to another underground tank or for transfer of RO reject or to transfer waste water • Most of the industries are not maintaining the record of chemicals being used.

• Most of the industries are not maintaining the record of RO membrane change or its disposal of TSDF.

• Non-technical personnel are employed for the operation of ETP plants.

• No Hazardous waste storage site is properly maintained in the premises of industry.

• Many of the ETP industries are not disposing their sludge to designated site (i.e. TSDF Khed Road, Balotra as observed from the records). Disposal of sludge from ETP industries has also been found irregular in some of the industries. In fact, the generation of HW sludge is one of the performance indicators of efficient ETP operation.

• There are no efforts from RSPCB to scientifically assess the performance of ETPs through random audit including unit process performance, HW audit, chemicals used and energy consumed etc. • DG set provided with acoustic enclosure/ closed room but with inadequate stack height.

• Boiler used in the industry are not updated as per fuel used and hence chimney plume may contain high concentration of un-burnt hydrocarbon & SPM. • The solar evaporation tank and the fogging type nozzles are not appropriate for disposal of RO reject and installed fogging type nozzles are inadequate to evaporate RO Reject as shown in Figs. 18-19.

• The periodical check of the effectiveness of ETPs by examining the physico-chemical parameters of the influents and effluents of industrial ETP units are not found.

7.4 Common problem in industrial areas:

• At some places, in industrial area of Balotra, accumulation of industrial waste water observed on road side due to bursting/leakages from CETP conveyance pipe line as shown in Fig. 20, which might be running under pressure instead of under gravity. The functioning of all pipelines must be audited at proper interval as per design specifications by the well- recognised agency.

• In Balotra industrial area, the RIICO storm water Drain has been found full of industrial wastewater at several places due to overflow from CETP conveyance system and illegal discharge from the industries as shown in Fig. 21.

• Hazardous and Non-hazardous wastes are dumped in industrial area along the road as shown in Fig.22 7.5 Suggestions to improve performance improvement of CETP • In the influent of CETP, influence of different types of dyes have been observed as shown in Fig. 26. We were informed that dyes of many colors are used in the textile industry. An in-house experimentation on raw effluent through a series of tests on characterization of dye suspensions as well as on optimization of coagulation-flocculation process is necessary to 21 improve performance of the CETPs. Better understanding of the influent characteristics of dye can facilitate a better treatment as per the load on influent.

• For characterization of suspensions, the scan mode of UV Visible spectrophotometer can be used to identify major peaks for different dyes present in the raw water sample and this should be repeated for every stage of treatment to identify which dyes are efficiently removed by which individual process.

• Since the bulk of Suspended Solids is removed by coagulation- flocculation process, any optimization of it will accrue more money to the CETP as the sludge is purchased by the cement industry to be used as a co-fuel. Further it will result in lesser pressure on tertiary treatment in terms of activated carbon treatment and pressure filters thus saving cost of treatment. • Even after tertiary treatment using granular activated by carbon bed, a typical color was seen to persist. During our inspection of the CETP, Balotra we found that though the coagulation/flocculation was able to make substantial difference in the effluent quality, there was not much change after activated carbon treatment. One reason may be that perhaps the carbon bed was exhausted which is required to be replaced with designed proper interval, the other could be that activated carbon treatment was less effective against the predominantly colored dye residual observed after the previous treatment step. In this unit same coloured effluent has been observed with large foam formation. The dark greenish sludge in the treatment units can be seen very clearly in CETP Jasol, which may be due to reaction of reactive dyes as shown in Fig. 27.

• We had during an observation that the TDS addition to the raw processing of cloth is much higher at Balotra than that at Jodhpur, the reasons for which should be ascertained. The strict volumetric discharge limit on industries has perhaps prompted some industries to adopt some measures for reduction in the quantity of water used for processing the cloth. Though it is a good practice, but it results in a more concentrated effluent, which further requires upgrading the treatment strategy. Some of the possible alternatives are indicated below.

o Acid activated sand filtration may be tried to improve the dye removal, which may prove as a less costly substitute to activated carbon and pressure filtration adopted presently.

o Another option may be replacing this step by ozonation, which may be relatively costlier dye removal option, but it may again bring the quality of this treated water to an acceptable level for one reuse within the industry (TDS may govern this choice) as the colour removal would be very high.

• Upgradation of all CETPs to treat the waste water up to reusable levels can also be achieved by adopting modern reliable technology like Electro-plasma technology, forward osmosis technology etc., so that CETP can meet the future challenges.

7.6 General Suggestions • There was a distinct agitation among farmers we met who wanted that no illegal wastewater should be allowed to discharge as it was creating havoc with their soil productivity. They have requested with great anger about percolation of trade effluent into their agricultural land from solar evaporation ponds as shown in Fig. 28. In fact, solar evaporation ponds located to TSDF site are also a threat to TSDF site as percolation/seepage has been observed even in the premises of TSDF site from these ponds. Compensation to farmers may be evaluated by ponds. agricultural scientists based on per unit area loss of money due to lesser crop production in deteriorated soil health, but the command area to be covered for compensation should be delineated in advance using scientific techniques to avoid false claims made later (soil investigation may cover some signature pollutants apart from high TDS impact).

• The strict volumetric discharge limit on industries has perhaps prompted some industries to transfer/outsource some process steps generating polluted streams to small industries, which may or may not be connected to the CETPs.

• Near third phase RIICO industrial area Balotra, as shown in Fig. 29, we found that there exist some locations in RIICO industrial area where a large quantity of wastewater is stagnated and contaminating groundwater, soil and air quality heavily. Surprisingly, this land area belongs to RIICO and they are not bothered to prevent illegal discharge of heavily is illegally discharged, which to contaminated wastewater into their land.

• From Fig. 30, it can be understood easily that this area is progressively high contaminated by the wastewater and sludge from the industries over the years.

• We propose that RSPCB conducts a short & surprise study on mass balance to identify the factual conditions at the outlet located in the premises of CETPs and the inlet point of solar evaporation ponds to know whether same quantity and quality of wastewater is being conveyed from outlet of CETPs to solar evaporation ponds or not. If the total flows are matching quantitatively but concentration of dyes is higher in the total mixed effluent after mass balance, or if volumetric loads at the inlet of solar evaporation ponds are more than the outlet of CETPs, unauthorized discharges of untreated or partially treated industrial effluents are reaching to the solar authorities in such cases should identify such culprits and take appropriate punitive measures.

• Similarly, the deposited sludge in the river channel should be studied and its dredging may be useful to minimize adverse impacts on health. Based on the sludge characteristics either this can be used as a co-fuel by cement industry or disposed in any other environmentally acceptable technologies. • Upgradation of all CETPs to treat the waste water up to reusable levels can also be achieved by adopting modern reliable technology like Electro-plasma technology, forward osmosis technology etc., so that CETP can meet the future challenges.

• The CETP authorities informed that they are contemplating to place RO and MEE combination, as a way to achieve ZLD norms, but had a fear that they would lose competitiveness as similar measures were not enforced in neighbouring states which has already resulted in migration of a few industries, the above mentioned step may bring down the volumetric requirement for treatment of effluent as demand reduction can be achieved making RO-MEE process less costly. • Alternatively, technologies like nano-filtration and vacuum membrane distillation (examples are available in Tamil Nadu) may also be explored for their competitiveness to RO-MEE combination, which has its inherent limitations. While designing MEE, they must include appropriate capacity of Preheaters, Calandrias, Vapour Separators, Condensers and Boilers."

13. The Committee also observed that according to the villages, the pollution had resulted in skin diseases and affected the fertility of the soil.

Ground water sources were deteriorated which required regulatory monitoring. The Committee also referred to the report of the National Productivity Council (NPC) prepared on the request of the Department of the Environment of Rajasthan in June, 2010 highlighting following points:

"8. Damages to the Environment and Compensation:

           xxx                   xxx                       xxx

          i.     Soil has been found affected in the agricultural land

due to application of effluents for irrigation. Agricultural area has been declined considerably from 57% to 44% in Barmer which can also be seen in barren land which has increased significantly. ii. A study on ground water quality with salinity, nitrates and fluoride parameters indicates that the ground water quality in Balotra block is unpotable and not suitable for drinking. As per NPC report, quality of 24 groundwater and soil in the study area has impacted adversely due to textile effluent on the environment, which used percolate in the recharge wells in the villages near to river bank.

iii. The study starting from Kumpawas in upstream to Sodhon ki Dhani in the downstream of about 23790 hectares shows that the economic damages caused by the textile processing industries in Balotra, Bithuja and Jasol areas of Barmer study area during last 15 years is estimated at Rs. 7627.91 lakhs.

9. Concluding observations and Action Plan, (2019):

xxx xxx xxx After assessing overall environmental status of the area and the nature of industries in existence (Textile) and remedial measures taken to control industrial pollution by installing CETPs, the Committee considered to place the following suggestions which may be considered as a modified version of already existing action plan suggested by earlier submissions.

The key observations with Action Points are given below:

9.1 The River Luni and its Rejuvenation:

i. The river Luni is known as Maruganga of Marwar region of western Rajasthan. The River is not having its natural flow presently but, it is only carrying industrial waste water as well as domestic sewage.

ii. Water quality is "not-fit" for any use though this river used to be considered as the lifeline of the western Rajasthan. The Action Plan:

i. The identified stretches of the river may be dredged/scrapped so as to remove hazardous industrial and sewage sludge deposited in those stretches after carefully studying environmental issues.

ii. River may be canalised (earthen canal) at appropriate locations without interfering riverine ecosystem. iii. Not allowing industrial (even treated) and sewage disposal into River Luni. To monitor this, CCTVs be installed at strategic locations and monitored by District Collector and Regional Office of RSPCB.

iv. RSPCB must monitor regularly river water quality and quantity at critical locations to apply mass balance of selected stretches so that illegal disposal of industrial wastewater into river can be monitored.

v. Similar to the analysis presented in this report by the Committee, it is suggested that remote monitoring studies should be performed by RSPCB HQ at least once in fortnight to know ground reality of industrial clusters without human 25 interference. It wil1 help them to take necessary steps for further proceedings and action plans.

9.2 The Ground Water:

i. Industries are using ground water supplied by tankers through private parties.

ii. There is no regulation on supply of such ground water by private parties to the industries.

iii. Granting permission by CGWB to industries and those being done by private parties through tankers is not clear on permissions and many applications are pending with CGWB. The Action Plan:

i. Regular monitoring of the groundwater is to be done at key location as to understand impact of industrial activities in groundwater. It is necessary that RSPCB must conduct groundwater quality parameters tests at key groundwater pumping wells along the river. All data pertaining to these tests must be recorded and made available in RSPCB office ii. Through Industrial Association and State Government, some of the village wells having relatively less TDS and EC, may be fitted with RO and Fluoride, Arsenic and other contaminant removal system and provide potable/usable water to villagers and farmers for their use. This plan may be proposed and executed within six months.

iii. To conserve ground water, in these towns, dual piping system been enforced and waste water of kitchen and bath, be used for flushing of toilets. This can be planned and executed within one year. (This may cover hotels, new residential societies/complexes, and other Institutions) including Nakoda area.

9.3 Industrial Pollution Control:

i. None of the CETPs is meeting the standards. These plants are 'non-complying' with respect to designed influent and effluent characteristics as described in section 7.1.

a. Not meeting the standards with respect to some parameters such as BOD, COD etc. b. Hazardous wastes disposal to TSDF site is much beyond the authorisation limits prescribed by the RSPCB to CETP Balotra.

c. 2-solar evaporation ponds in Khed area have been newly constructed in addition to 7 in use solar ponds. However, no Consent/approval has been taken to construct these newly constructed ponds.

d. Solar evaporation ponds are leaking due to ineffective liners as a result they are contaminating agricultural farms, groundwater and TSDF site and river Luni. The treatment 26 process through solar evaporation ponds are also not effective.

e. Forced evaporation by Mist evaporators is not effective in handling huge quantity of R.O. reject effluent. Also, location of Mist evaporators provided in solar evaporation ponds are not proper.

f. 6.0 MLD R.O. Plant installed at CETP Balotra is not sufficient. The progress of installation of another 18.0 MLD R.O. Plant at CETP Balotra is very slow.

g. The consent granted to CETP Bithuja was valid up to 31.08.2017 and stipulated with condition to dispose quantity of trade effluent into land, horticulture and other uses.

h. Plantation in the CETP premises was not found adequate.

i. Large quantities of caustic sludge with hazardous wastes are also accumulated at the bottom of SEP ponds/stabilization ponds used for CETP at Bithuja.

j. Not utilizing R.O. effluent with effective high rate transpiration system (HRTS). No record of reutilization of treated wastewater was found. k. Illegal discharge into river catchment from solar evaporation ponds has been observed through satellite images and print media.

l. CETP Jasol not meeting the standards with respect to some parameters such as BOD, Chloride and Sulphates etc. m. Water flow measuring meters at inlet to CETP /for tertiary treatment & RO rejects found not working at CETP Jasol. Scum formation was found observed in equalization tank.

n. Details of waste water treated/reused/forced evaporated (HRTS) has not been maintained properly.

o. Disposal of effluent to solar evaporation ponds and Forced evaporation by Mist evaporators/splasher are not effective. Also, sludge drying beds found filled with sludge. At CETP Jasol. The stack height of the D.G. Set (320 KVA)-01 is also not adequate.

p. There were few discharge pipes which are connected from tanks of CETP Jasol to outside towards bank of river Luni. They should be removed immediately.

9.4 Environmental Compensation:

i. Team could not get authentic official records on damages to agriculture, land loss, crop loss, loss of ground water quality and health.

The Action Plan:

i. State Department of Agriculture and Health may provide information on status of agricultural loss, ground water conditions and health due to pollution by textile units. ii. Environment compensation and relief to villagers and farmer may be considered and at the same time, detecting factors of natural desertification effects. State Government may provide information within 2 months.

10. Industries with ETP and not member of CETP:

There are several units which are not connected to CETP and claim they are ZLD with individual ETPS and also SEPs. The efficiency and adequacy of such evaporation more particularly a:

individual ETPs claiming ZLD has not been scientifically evaluated by RSPCB, based on actual solar evaporation rate based on colour of effluent, high TDS and also, presence of limited spray nozzles. The commission observed two distinct patterns of forced evaporation in the industries at Balotra, Bithuja and Jasol. In first system, there are 4-8 spray nozzles and they are fitted on a pipe with 2-5 HP motors and are used to spray the high TDS effluent in air to evaporate the effluent. These spray nozzles are covered either from 2 or 3 sides by walls, and the sprayed effluent many times reach the land outside the designated area, using those lands for land application of waste. There are no separate records of such operations making all such operations very sketchy and doubtful. In fact, in one plant at Bithuja the evaporation was continued even after sunset when it was dark. Mere visual observations can show that these are camouflaging activities and such ZLD systems without any proper evaluation or appraisal are nothing but a short cut for proper evaporation and effluent disposal. The commission is of strong opinion, that though suck Solar energy evaporation is an energy efficient way, unless prover Scientifically, there is a need to use forced evaporation like 1or such ZLD, EB rather than such spray nozzle systems where the performance is not scientifically evaluated. However, there are few systems of such ZLD where the systems are much better organized. Commission visited one such Indosynth plant at Bithuja where, the jet nozzles were installed along with a mist sprayer. The Effluent pond was having much bigger area and also enough shallow to force evaporation rate. The sprayed effluent was falling within the pond. This system is practiced by few of these ZLD units and is much better than the one described earlier. However, RSPCB has not conducted any scientific appraisal of such system.

11. Enforcement by RSPCB and CPCB:

• Consent is the most important tool with the SPCB to enforce the environmental regulations and is the legal instrument for any further legal actions as per the law. It is therefore necessary that the consent management is sound and the entire regulatory decision making needs to be based on scientific and technical assessment of industry manufacturing process, expected pollution load and most importantly; adequacy, sustainability and techno-economic feasibility of the pollution control systems. The commission during its visit has observed that many of the industries are operating either without consent or without proper renewal of consent. Many of these industries have applied for renewal or grant of consent to operate but the application is pending with the RSPCB for time varying from few months to nearly 2 years. This is very unfortunate as such pendency has resulted into blatant operation of these industries without the evaluation or appraisal of their pollution control systems by the RSPCB. This practice of keeping the applications pending goes against the principles of natural justice, efficient operation of pollution control systems and resultantly, encourage the non-compliance and pollution. • There are more than about 56 units which according to RSPCB are illegal and are being operated without RSPCB consent. It was necessary on part of RSPCB to take stringent action against such units. In case they are found operational, they need to be reported for environmental damages recovery. • The SEPs being constructed near TSDF are in violation of CPCB guidelines for TSDF and also, without appropriate Consent from RSPCB. Neither CPCB nor SPCB have taken any effective steps in this regard.

• A grievance was raised by CETP authorities that though their member industries have reduced their water consumption and the same is regulated through SCADA systems, there is unauthorised effluent ingress from non-member industries and such data has been shared with RSPCB. It is necessary to identify such defaulting industries and take stringent action against such industries. Moreover, the industries with individual ETP with SEPs and not member of CETP need to be appraised for the adequacy and performance of their pollution control system based on scientific principles of mass balance, HW generation etc. This needs to be given priority by RSPCB either through their core team or through reputed academic institutions.

• There are some good examples adopted by very few industries like electrical coagulation for sludge separation, caustic recovery (up to 14% concentration etc.). These initiatives need to be evaluated by RSPOCB and can always be directed to all units if found appropriate. Similarly, RSPCB can engage in reputed academic institutions for innovative 29 solutions including clean technology option, green chemistry alternatives etc for the textile industries. • However, all these aspects referred above required paradigm shift in regulatory approach by RSPCB and also, require significant capacity building of the organisation. A casual discussion with the then Member Secretary revealed that there is no specific training program for officers and even, discussions with local officials could reveal the urgent need of capacity building in terms of their understanding of environmental law, governance, technical issues besides use of latest tools and techniques for industrial waste management.

• Though the RSPCB is the field level enforcement agency, considering the concurrent visits enforcement by CPCB through their enforcement and directions, both these agencies need to streamline strategy urgently to address above issues.

12. Suggestive Action Plans for Industrial Pollution Control:

As per section 17 of Water Act 1974, it is the function of RSPCB to develop action plan for control of Pollution in such cases. The team has made an attempt to develop such an action plan which can be further evolved by RSPCB and CPCB and all the actions needs to be taken on priority in close coordination with local government agencies. Such a time bound action plan is the necessity to improve the present scenario which is serious and require urgent interventions. Some of the actions listed below like action against illegal units, prevention of discharge in rivers, clean technology adoption etc. do need not to wait for action plan and can straight away implemented in the field.

i. RSPCB need to assess scientifically whether 6.0 MLD RO plant installed at CETP Balotra is capable to operate at its full capacity of 6.0 MLD. Approx. 1.5 MLD RO permeate water has been used by member units using tankers out of 8-9 MLD raw industrial1 wastewater. CETP Association, RSPCB and RIICO, should develop and execute plan of reutilization R.O. permeate by the industries themselves through closed conduit pipelines. Response to this action points may be provided in 4 weeks.

ii. The installation of 18.0 MLD capacity RO Plant has to be speed up. It should be installed within next 3 months. If it is not, CETP Balotra should pay compensation against damage to environment and ecosystems.

iii. It is also necessary that RSPCB must conduct frequent surprise checks (at least fortnightly) to verify influent and effluent characteristics along with their flow observations at each unit level of the plant (i.e. primary, secondary, tertiary, inlet to RO plant, outlet of RO plant with permeate and RO reject, Solar evaporation ponds etc.). All data pertaining to frequent surprise checks must be recorded and made 30 available in RSPCB office at Balotra which can be verified by concerned agencies wherever needed. iv. As there is no CTO granted to CETP Bithuja, it should be examined by RSPCB immediately. If the plant is not capable to meet the standard within 4 weeks, it must be closed after the deadline.

v. There should be regular inspection and maintenance schedule of closed pipeline carrying effluent to CETPs by CETPs agencies, RSPCB and RIICO. All observations to be recorded and made available whenever needed. vi. RIICO and industrial Association should clean all the storm water drains and no choking should be seen. vii. Pipelines carrying industrial effluent from industries to CETPs and solar evaporation ponds should be audited for hazard prevention with safety. Routine checks should be done by duly accredited agency. The pipeline route should be marked and well displayed for public and maintenance purposes.

viii. RIICO with Industrial association, should work out for use of solar panel to energize the boilers and minimize use of wood or coal as fuel.

ix. All the member industries of CETP be enforced to setup PETP. All industries with ETP must meet ZLD prescribed standard. If they do not meet the standard with 4 weeks, they must be closed.

x. Untreated wastewater flow generated from different industrial areas must be monitored zone wise. Also, proactive monitoring by authorities of CETP agencies, RSPCB, District administration and RIICO is must to enforce the law.

xi. There should not be any seepage/leakage of effluents from solar evaporation ponds to adjoining agricultural lands, river and groundwater. RSPCB, RIICO, district administration and CETP agencies should prepare action plans to prevent seepage and illegal disposal of industrial effluents within 4 weeks xii. All the illegal industries operating at Balotra who have been issued closure notice by RSPCB, 56 in numbers, in2017 shall be inspected and if found in operation shall be immediately be reported to Hon'ble Tribunal for further necessary action including levying environmental damages. The commission would like to recommend that the RSPCB shall verify the compliance of its own direction with regard to closure of illegal industries, and in case these industries are operational for any time after closure directions, exemplary action in terms of necessary penalties abased on polluter pays principle shall be imposed on them besides the legal actions including the prosecution. A committee under Collector can be recommended to verify the operation based on raw material purchase, GST, electricity bill etc. xiii. All ETP industrial units must record physio-chemical characteristics of influent and effluent at different stages of 31 their treatment processes at least once in 3 months to know ground reality of functioning of their industrial units. xiv. The best practices adopted by some of the industries need to be showcased. The caustic recovery at the industry level is a good example which should be encouraged to adopt at decentralized way.

xv. Industries should have information board with necessary information displaying both in Hindi and English outside their main gate.

xvi. No further new industries, particularly which generate trade effluents, should be allowed by RSPCB till existing industries meet the prescribed effluent standards. xvii. There is huge scope of alternates of textile industries at and around Balotara like handicrafts, Carpets, Salt processing industries, etc. which may be explored with care with appropriate development plans.

xviii. Irrigation and flood control Department should examine for releasing water from upper stretches of river Luni for maintenance of flow. This, however, should be done only after ensuring proper treatment of sewage and industrial effluent.

xix. RSPCB in association with CETPs agency, RIICO and district administration should prepare systematic strategy to develop green belt using treated effluent within 4 weeks. Plantation and greenery should also be developed along river banks so that the soil erosion be minimized in the area. Some species of vegetation which may be adapted/tried in desertic climate like Prosopis juliflora, Salvadora persica, Acacia tortilis, Albizzia amara, Tecomella unduleta cineraria, Dichrostachys nutan, Capparis decidua, Cenchrus ciliaris, etc. Expenditure of plantation may be borne equally by these agencies.

xx. Awareness should be generated in society about the threat of water pollution organized in schools and colleges as a part of Swachchh Bharat Mission.

xxi. Strict prohibition of disposal of garbage and solid wastes in to river must be ensured by district administration. xxii. As per CPCB guidelines for TSDF, there needs to be a buffer zone of at least 500m from TSDF. And therefore, installation of SEPs next to TSDF is not only violation of HW Rules, but pose significant risks to TSDF operations and also, the environmental status of the area. The RSPCB must take necessary action to fulfil regulatory steps as required by the law.

xxiii. There is a need to develop science-based enforcement which can be implemented by well-trained human resources. RSPCB must work for its capacity building of human resources through exposures from training programs/workshops. Experts from Textile/Environmental Engineering from reputed Institutions/organizations may be associated with RSPCB to improve understanding of 32 optimized processes of industrial activities so that cleaner technology alternatives can be adopted. xxiv. The non-compliance has been observed by all the stakeholders i.e. CETP, industries, ETP industries, illegal industries, RSPCB and also, CPCB. There is urgent need to prioritize actions amongst them.

xxv. RSPCB shall prepare a time-bound action plan based on a suggestive proposal given in this report with responsibility matrix and time frame with costs. Similarly, the role of CPCB must be defined clearly. It seems they are everywhere taking stringent action even for non-installation of CEMS. But no involvement though long pending issues pertaining to remediation of environmental pollution. In fact, there is total absence of regulatory action by CPCB. At other places, CPCB is proactive and initiates directions etc.

13. Surveillance and Monitoring:

The Team suggest that there is a need to have regular surveillance mechanism to monitor the compliance of Action Plan as well as ground level verifications. For this purpose, a District Level Task Force under the chairmanship of District Collector with representatives of State Pollution Control Boards, RIICO, Transport Department and Police and also be represented by District Legal Services Authority. The task force may meet and review the progress of implementation of Action Plan initially on monthly basis and also carryout random checks. It would also be appropriate to have a Monitoring Committee headed by an eminent expert to monitor progress of implementation of Action Plans for Balotra, Pali, Jasol industries including CETPs in an integrated manner."

14. The Tribunal considered the above report vide order dated 06.03.2019. In view of the findings in the report that there was serious violation of environmental norms affecting the environment and the public health which was on account of continuing pollution for a long time which remained unchecked by the State authorities, directed the State of Rajasthan to deposit Rs. 30 crores as interim compensation for damage to the environment with the CPCB which could be recovered from the defaulting industries. The Tribunal also directed the Secretary, Health and Agriculture to give the status of health of the villagers and the damage to the agriculture. The action plan suggested by the Committee 33 was directed to be implemented by the State. The said plan included dredging of the river, canalization of the river, installation of CCTV camaras to check illegal disposal of effluents and waste into the river. The State Ground Water Board, RIICO and the State Industries Department, alongwith District Collector, Barmer were directed to ensure that water supply to the industries is regulated and illegal borewells are closed. The industries could function only if they set up ETPs/PETPs. CETP was required to comply with the standards. The relevant extracts from the order are:

"2. We have considered the various observations made in the report, after carrying random inspection of the industries, inter alia, relating to CETP at Bituja, Balotra and Jasol, Solar Evaporation Ponds, the common problems in ETPs of the industries claiming ZLD and those which are not Members of CETP. Committee has specifically pointed out the issues relating to adverse impact of industrial effluents and by consumption of river water, on health and agriculture. It has noted that:

(a) The river Luni at Balotra is receiving industrial effluents and sewage as a result of which, it is not even fit for irrigation purpose.

(b) The installed Common Effluent Treatment Plants (CETPs) are not complying with the prescribed standards and the effluents are discharged into river Luni directly or indirectly.

(c) The solar evaporation ponds termed as High Rate Transpiration System (HRTs) are also not effectively performing and are occupying a huge area of land. Thus, not serving the purpose.

(d) The individual members of CETPs are also noncomplaint.

3. In such a critical situation, we consider it appropriate to direct the State Government to deposit Rs. 30 Crores with CPCB within one month, as an interim measure, towards environment compensation till complete details on health effect and damages to the agriculture are received. The said amount of Compensation may be later on recovered, by the State Government, from the defaulting industries.

4. We also direct Secretary Health and Agriculture State of Rajasthan to submit reports in respect of the status on health of villagers and agriculture and the damages be assessed to these causes within one month.

5. We consider appropriate to pass further directions, on the suggestion given by the committee, for improving the condition of damage caused to environment, as under:

5.1. The concerned department of State Government shall implement the action plan suggested by the committee which has been highlighted in the report from pg. 50 to pg. 59.

5.2.(a) Rejuvenation of river Luni by dredging/scrapping to remove hazardous industrial and sewage sludge. (b) Canalization of the river at appropriate locations without interfering with riverine eco system. (c) Installation of CCTV at strategic locations to check illegal and unauthorized disposal of effluents and solid waste into the river. All the actions shall be complied within 4 months.

5.3. (a) State Ground Water Board, RIICO and the State Industries department, along with Collector Barmer, should ensure that ground water supply to the industries, through tankers, is properly regulated and their sources should be labelled as well as status in respect of reserve should be ascertained. A report on the Status of availability of potable water to the affected villages and on availability of irrigation water may also be provided. This action should be completed within one month.

(b) The Borewells which have been contaminated by industrial effluents or river water, should be remediated or alternatively, Treatment/Remediation System may be installed for them at the cost of the industries for public use and this action be co-ordinated by the Secretary of State Water Resources. This action be completed in 4 months.

The respondent shall immediately take up all the above actions and file time-bound execution plan as directed within a period of two weeks and shall file an interim report within a month in respect of the progress made.

5.4. (a) The industries in the area should not be allowed to operate till they setup required ETP/PETP and meet the prescribed norms.

(b) The treated industrial effluent should be utilized by the industries. Action plan in this regard, with time bound execution plan, be approved from State Pollution Control Board, within one month.

(c) The State Pollution Control Board shall ensure that the CETPs comply with the standards and no waste water be discharged into the river, directly or indirectly. The industries should utilize treated water from CETPs, instead of consuming fresh water reserves. This action shall be completed within 4 months. The State Pollution Control Board shall upload the status of consent and 35 compliance to these directions on its website, within one month from today.

6. We further direct State Government to furnish a performance guarantee of Rs. 10 crores within a month, for implementation of action plan suggested by the Committee.

7. We, at this stage, do not contemplate any coercive measures against State PCB or Industrial Development Corporation or any other Department with the expectation that, the action plan will be implemented in true spirit and monitored through a robust surveillance and monitoring mechanism suggested under para-13 (page-59) of the report."

15. Vide order dated 03.05.2019, the Tribunal noted that compensation of Rs. 30 crores was deposited by the State of Rajasthan, which could be recovered from the defaulting industries.

16. Vide order dated 08.07.2019, the Tribunal considered the objections filed by the CETP Operator (Balotra Water Pollution Control Treatment & Research Foundation Trust) with regard to requirement of buffer zone of 500 meters from TSDF, suggested by the Commissioner, appointed by the Tribunal, as accepted by the Tribunal. The CETP Operator wanted the distance to be reduced to 200 meters in terms of CPCB guidelines under the Hazardous and other Waste Management Rules. However, this objection was rejected, in view of frequent breach of HRTS to which lasting solution was in terms of the expert Committee report.

17. Vide order dated 23.08.2019, the Tribunal further noticed the grievance of discharge of the untreated industrial effluents from the industries at Gandhipura, in non-conforming area. The Tribunal sought response from the State PCB and the RIICO.

18. Vide further order dated 23.10.2019, the Tribunal directed the Collector, Barmer to remove the illegally operating industries and also give list of 216 industries at Bituja. Vide order dated 20.11.2019, the direction 36 to remove the illegal operating industries was reiterated which was to be complied with the Divisional Commissioner.

19. Vide order dated 04.09.2019, it was noted that 23 industries were operating at Gandhipura, which was non-conforming area. The Tribunal directed the State PCB to revoke the consent which had been given in respect of such units. Against the said order, Civil Appeal Diary No. 36493/2019, M. Dinesh Processors & Ors. Vs. State of Rajasthan & Ors.

was dismissed by the Hon'ble Supreme Court on 04.11.2019.

20. The main question which still remains for consideration is the compliance of environmental norms by the industries at Balotra, Bithuja and Jasol in District Barmer. It is seen that non-compliance has been repeatedly found by the fact-finding Committees constituted by this Tribunal on 19.03.2015, 05.05.2018 and 10.12.2018 as well as other reports of the PCB and the applicant. The last report, in pursuance of order dated 10.12.2018, was the report dated 07.01.2019 which has already been quoted in extenso, which led to the detailed order dated 06.03.2019.

21. The latest affidavits available are:

i. Affidavits dated 17.01.2020 and 29.01.2020 filed by the applicant.

ii. Affidavit dated 20.02.2020 filed by the State PCB. iii. Affidavits dated 19.12.2019 and 05.02.2020 filed by the Collector, Barmer.

iv. Affidavit dated 14.02.2020 filed by the CETP Operator. v. Affidavit dated 19.12.2019 filed by the Divisional Commissioner.

vi. Affidavits dated 19.12.2019 and 15.01.2020 filed by the RIICO.

22. The stand of the applicant is that violation of environmental norms is continuing. Inter-alia, it is pointed out that all the Solar Evaporation Ponds (SEPs) have not been lined as found by the State PCB in its report 37 dated 18.11.2019. Four industrial units are operating illegally, as per report of the State PCB dated 28.11.2019. SEPs at Bithuja CETP were not properly functioning, as found in the report of the State PCB dated 02.12.2019. HRTS/CSEP facility of Balotra CETP was not properly functioning as found by the State PCB on 17.12.2019. Show cause notice dated 19.12.2019 was issued by the State PCB for illegal storage of sludge and default on account of collapsing of the wall resulting in spreading of the sludge. Show cause notice dated 26.11.2019 was issued for revoking the consent to operate for various violations. CETP Trust has not stopped using unlined SEP in violation of consent conditions dated 22.05.2019 (Sr. No. 23 & 24).

23. The State PCB in its affidavit filed on 20.02.2020 has stated that action will be taken after considering the stand of the CETP in response to the show cause notice. Closure direction has been issued on 10.01.2020 against the polluting units, based on the inspection dated 28.11.2019.

Further show cause notice has been issued to the CETP and bank guarantee of Rs. 10 lacs has been forfeited, with further direction to dispose of the sludge and to upgrade the CETP by 30.04.2020. Further action was to be taken after hearing the CETP on 17.03.2020. The CETP had given an action plan for disposal of the hazardous waste by 31.03.2020 and upgradation of CETP by 30.04.2020. However, neither the State PCB has filed compliance status thereafter nor the CETP operator has filed the latest compliance status. According to the applicant, non-

compliances are continuing. Learned counsel for the State PCB is not aware of the updated position but is not able to dispute the stand of the applicant.

24. As per affidavit of the Collector, Barmer filed on 05.02.2020, the entire area in question is over-exploited in terms of the ground water. No 38 permission for extraction of ground water for commercial or industrial purposes has been granted as the water is not sufficient in the area. In 1982, the State Government had issued a moratorium against new industries that are water oriented or discharging effluents. Nothing much has been done to comply with the directions of this Tribunal. Most of the ETPs are non-compliant. Rate of solar evaporation is not sufficient. ETPs are not changing RO membranes. The State PCB has to ensure that PETPs are installed and they follow the norms. The CETP Trust does not have a RO plant. Caustic Recovery Plant was required to be established till January, 2020. SEPs at Balothra and Khed are not serving their purpose as there are seepages going into the river. It is concluded as follows:-

" xxx xxx xxx

14. That in view of the above submissions, it is submitted that the present counter affidavit may kindly be taken on record and strict view be taken against the Balotra CETP Trust, the ETP's, State Authorities and the State Board for its non-commitment to the issues in hand and impose heavy penalties upon Balotra CETP Trust, ETP's and the industries for continuous violation of law relating to pollution of environment applying Pre-Cautionary Principle, Polluter Pay Principle and Principle of Sustainable Development. It is further submitted that the industry is an admitted polluted and while adjudicating the present matter this Hon'ble Court on various occasions has penalized the industry by applying the above principles."

25. We may now refer to the affidavit filed by the CETP operator on 14.02.2020 to the effect that no untreated effluent is being discharged into the river or the water body. Effluent from the members is being received through closed conduit pipeline. Disposal of sludge is being outsourced.

Only lined SEPs are being used. HRTS boundaries are being stone pitched and there is garland drain alongside the SEPs. Damage to the HDPE liner was being looked into. PTZ cameras have been installed. There is no electricity connection at Khed road and therefore, there is no purpose in 39 installing CCTV camera. Monitoring of effluent is being gauzed and taken care of by flow meter. The CETP is sending the entire load to Tertiary Treatment Plant and then to SEPs and then to the RO where water is being recycled. The status of SEPs and HRTS does not permit movement and installation of evaporation guns.

26. The affidavit of the Divisional Commissioner dated 19.12.2019 mentions certain compliances while information about other compliances is said to be with the concerned parties.

27. From the above resume and particularly from the latest affidavits filed by the applicant, the Collector and the State PCB, it does appear that violation of environmental norms is still continuing even after about 16 years of monitoring first by the High Court and thereafter by this Tribunal.

Self-serving denial by the CETP operator does not, in the circumstances, inspire any confidence and will require verification. Such unsatisfactory situation needs to be expeditiously remedied to enforce citizens right to clean environment and stringent approach needs to be adopted against chronic non compliances.

28. The Tribunal has noticed similar factual situation with regard to continuing pollution in adjoining area of Jodhpur (order dated 23.11.2020 in O.A. No. 329/2015, Gram Panchayat ARABA vs. State of Rajasthan & Ors) and adjoining area of Pali (vide separate order of date in O.A. No. 32(THC)/2014, Kishan Paryavaran Sangaharsh Samiti, Jaipur vs. State of Rajasthan & Ors.). It was found necessary to require close monitoring at the ground level for compliance of the environmental norms in light of the findings already recorded by the Expert Committees and directions of this Tribunal. There is need for a stringent approach against violators of environmental norms, affecting public health and damage to fertility of 40 land and availability of drinking water which is scarce but necessary for survival and to give effect the rule of law and the right of the citizens to clean environment. This is all the more necessary in view of failure of compliance of law inspite of repeated orders. There is track record of chronic non-compliances but not showing responsible behaviour by the CETP operator and the industries. Apart from prosecutions, the polluting activity has to be stopped by closure orders and for past violations, deterrent compensation is required to be assessed and recovered. This requires credible monitoring and assessment at ground level.

29. Having regard to the factual position noted above, we direct constitution of a Monitoring Committee to be headed by Justice Prakash Chandra Tatia, (former Chief Justice of Jharkhand High Court), presently stationed at Jodhpur, who is also heading two other Committees for monitoring compliance of pollution norms for adjoining areas of Jodhpur and Pali, in terms of order of this Tribunal dated 23.11.2020 in OA 329/2015, Gram Panchayat ARABA vs. State of Rajasthan & Ors and separate order of date in O.A. No. 32(THC)/2014, Kishan Paryavaran Sangaharsh Samiti, Jaipur vs. State of Rajasthan & Ors.. The Committee will also have as its members:

       i.    Nominee of CPCB

      ii.    Nominee of State PCB

      iii.   The District Magistrate, Barmer

      iv.    Dr. Ajit Pratap Singh, Prof. BITS Pilani, District Jhunjhunu,

             Rajasthan

30. The State PCB will be the nodal agency for coordination and compliance. The District Magistrate may facilitate the functioning of the Committee by providing logistics and such other facilities as may be 41 necessary. The Chairman of the Committee will be entitled to remuneration/honorarium to be determined in consultation with the Chief Secretary, Rajasthan. Remuneration and providing logistics during field visits of Dr. A P Singh, Prof. BITS Pilani may be decided by the Chairman of the Committee in the present matter as well as connected matter in O.A. No. 32(THC)/2014, Kishan Paryavaran Sangaharsh Samiti, Jaipur vs. State of Rajasthan & Ors. It will be permissible to have consolidated remuneration for the task to be executed in O.A. No. 329/2015 (supra), in the present matter as well as in O.A. No. 32(THC)/2014, Kishan Paryavaran (supra), wherein a separate order is being passed today. This will be payable out of the consent funds of the State PCB.

31. It will be open to the Committee to conduct proceedings by video conference, if so required. The Committee will be at liberty to associate any other independent Expert or Institution. The Committee may take stock of compliance of environmental norms with reference to status found in the earlier studies and the status which may be found on the ground, particularly with reference to order dated 06.03.2019 and other associated issues. The Committee may interact with all concerned stakeholders, including the villagers through their panchayats and give its recommendations for future course of action, including the final quantum of compensation to be recovered on "Polluter Pays" principles and plan for restoration, utilizing compensation already available and which may be further recommended. The Committee may hold its first meeting within one month and, after taking stock of the situation, may update the action plan within one month thereafter which may propose to remedy the ground situation within six months. The Committee may give its first action taken report as on 31.03.2021 before the next date by e-mail at judicial-

[email protected] preferably in the form of searchable PDF/ OCR Support PDF 42 and not in the form of Image PDF. While furnishing the report to this Tribunal, a copy thereof may be furnished to the Chief Secretary, Rajasthan and other stakeholders, who are required to take remedial steps.

32. Any party aggrieved by the report can put forward its submissions to this Tribunal before the next date. The concerned authorities will be at liberty to carry out the recommendations of the Committee, if and to the extent there is no objection to such recommendations. It will no longer be necessary for the MoEF&CC and CGWA to appear in these proceedings till further orders.

List for further consideration on 20.04.2021.

A copy of this order be forwarded to MoEF&CC and CGWA, Chief Secretary, Rajasthan, Justice Prakash Chandra Tatia, (former Chief Justice of Jharkhand High Court), now at Jodhpur, the CPCB, the State PCB, the District Magistrate, Barmer and Dr. Ajit Pratap Singh, Prof. BITS Pilani, District Jhunjhunu, Rajasthan, by e-mail for compliance.

Adarsh Kumar Goel, CP S.K. Singh, JM Dr. Nagin Nanda, EM December 07, 2020 Original Application No. 34 (THC)/2014 DV 43

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