National Green Tribunal
Dr. Ramsharan Tondan & Ors vs State Of Chattisgarh on 23 April, 2024
Item No. 03
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No. 52/2024(CZ)
(O.A. No. 16/2024 - PB)
Dr. Ramsharan Tondan Applicant(s)
Vs.
State of Chhattisgarh & Ors. Respondent(s)
Date of Hearing: 23.04.2024
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant(s): None.
For Respondent(s) : Mr. Abhinay, Adv
(with Ms. Kirti Vyas, Adv.)
ORDER
1. The issues raised in this application is discharge of solid waste and untreated water into the water bodies in Village-Birkoni, Praswani Road, NEH-06, Tehsil and District-Mahasamund, Chhattisgarh.
2. The matter was taken up by this Tribunal and a committee/State Pollution Control Board was directed to submit the factual and action taken report. The members of the committee visited the site and submitted the report as follows :-
"The joint committee visited Birkoni area at Mahasamund on 14th March, 2024 to assess the factual status of allegation made in petition and present status of industrial activity if any. The joint committee comprised of the following officers:
a) Sh. Aashish Karma Dy. Collector, Mahasamund Chhattisgarh.1
b) Dr. Anoop Chaturvedi, Scientist „B‟ , Regional Directorate, CPCB, Bhopal.
c) Sh. Prasanna Sonkar, Assistant Engineer Regional office, CECB, Raipur, Chhattisgarh To better coordination in the investigation, the committee informed to applicant well in advance regarding the proposed visit. The meeting was held at the office the M/s 9M India Pvt.
Ltd. Mahasamund (further refered as Unit) on 14.03.2024. During meeting all committee members and Shri Ramsharan Tondan (applicant) along with his other colleagues were presented and discussed the issues mentioned in the petition. The unit representative Sh. Manish Agrawal is also present there and explained about technical operation of the unit and leagal aspects of the case. The relevant issue also discussed with Sh. Umesh Sahu SDM Mahasamund, Sh. Tamradhawaj Sarpanch Birkoni and other local residents during visit. The other officials present during the inspection are Shri. Rupender Kumar, Sci-B CPCB, Sh. Chandra Shekhar Mandai Tahsildar and Shri Sunil Kolhatkar Sr. lab assistant CPCB. The attendance list of officers and other stake holders present during inspection is enclosed. The main contentions of the petition are wastewater discharge by the Unit.
To find out facts as well as to know the extent of problem, the committee visited the plant premises and visited all Khasra numbers physically which are mentioned in petition and discussed the issue of discharged in their village area if any or any instances of this in the recent past. The major observation of physical survey has been recorded in the form of Panchnama, which is enclosed. After inspection of site committee members again interacted with the applicant, Sarpanch and other local residents to provide further opportunities for providing any other information related to the petition.
GPS location of the unit at Birkoni has been recorded using a mobile-based GPS application. The Google map of the site and photographs taken during the inspection are enclosed herewith.
2The geographical coordinates of unit and its surrounding area is 21º10‟49.51"N,82º03‟13.68"E. The main issues raised in the petition by the Applicant are as under : -
i. Community pond getting polluted due to discharge of waste water by the unit.
ii. Rules relaxation in industrial operation. iii. The land allotted to industrial unit is belongs to cultivable land allotted to landless by the government. The committee made the following observation during site visit on the above mentioned issues :-
Issue No. 01 - Community pond getting polluted due to discharge of wastewater by the unit.
i. The 9M India Limited (Further referred as Unit) was initiated its installation in Sept. 2022 after getting CTE from the CECB, the copy of the CTE is enclosed and still unit is under its commissioning stage and no commercial production started by the unit till the date of visit. The unit has not got the CTO from CECB and installed equipment‟s are being operated only for trail purpose. The written submission given by the unit regarding no commercial production started is enclosed. It was also observed that at the time of visit the unit was not in operation.
ii. As informed by the unit representative Sh. Manish Agrawal that the unit is only associated with pharmaceutical formulation with fully equipped in house analytical laboratory and located near industrial area of Birkoni, Mahasamund. The unit will produce the following items:
- External Ointment /Cream - External Lotion/Liquid
- Oral Powder / Liquid / Tablet - Small Volume Parenteral 3 The production of each category of product is processed in a separate section, which is equipped with the latest machinery. All sections are supported by a centralized quality assurance department which has different segments.
iii. The committee and applicant visited all the inside area of production and prominent source of waste water generation inside the unit and observed that vessel washing, backwash water, softener reject and condensate water from boiler are the main source. As per water balance of the unit 58 KL will be used in process and 12 KL in domestic purpose if unit will operate on its present capacity. The water balance chart is enclosed.
iv. The unit has installed the STP of 40 KLD for treatment of domestic water generated from kitchen and toilets etc. The higher capacity STP constructed to cater the future requirement also. The STP is based on MBBR technology and entire treated water will be used for horticulture and inside road cleaning purpose after disinfection by Hypo. The hydraulic testing of STP was completed and all the components functioning properly. During visit committee tested its operation to verify its functionality and it was observed that all the components are functioning properly. The biological sludge of the STP will be utilized as manure inside the plant.
v. The waste water generated from the industrial activity is being treated in ETP. The unit has presently installed the ETP of 20 KLD which is based on chemical settling and aeration process. The installed ETP consist of bar screen, O&G remover, homogenization tank, reaction tank, two stage aeration and settling tank. For tertiary treatment sand and media filter has been installed and treated water is being collected in sump for further utilizing in dual flushing, gardening and possible area of reuse. The unit has installed additional continuous online monitoring system for measurement of pH, TSS, COD and BOD and 4 also provided its connectivity to CECB server to monitor the treated water quality remotely on 24 X 7 basis. The unit has also installed the PTZ camera inside the ETP to monitor its operation and its access also provided to CECB.
vi. As the unit has not started its commercial production and only in its commissioning phase hence at the time of visit no constant generation of waste water was observed. During the visit wastewater sample has been collected from the ETP outlet tank in which previously generated effluent, during trail was stored for analysis purpose. The sample is analyzed and analysis results revels that all the main consented parameters are within the limit and the results are as given below:
Location pH TSS COD BOD O&G Remarks
ETP outlet 7.12 49 153 23 2.2 No waste
(generated water
during trial discharge
phase) was
Discharge 6.5 to 8.5 100 250 30 10 observed
Std and CECB
also given
ZLD
condition
to unit in
consent.
The unit has also installed the online effluent monitoring system and the data displayed during visit was also in consonance of lab results. However as per consent condition the unit has to maintain the Zero Liquid Discharge status and unit found complied at the time of visit. The detailed water parameters of ETP outlet analysed in the lab is enclosed.
vii. The prime allegation of the applicant is discharging of waste water by the unit causing water pollution in the community pond, to verify this fact committee has been visited the entire adjacent area of the unit and pond and no such kind of activity of waste water discharge was observed and same has been mentioned in the spot 5 Panchnama which is enclosed. It was also observed that the same community pond is being used for bathing purpose and the local villagers are not facing any such kind of problem as mentioned in the petition and same was also confirmed from the present Sarpanch. On the contrary the local peoples told to the committee that a local nala or intake source of the community pond carrying the untreated water from the upstream area and this is the main cause of water pollution inside the pond and for that primary in-situ type treatment is required. To assess the water quality of the pond to decide its suitability application, water sample from community pond also collected and later analysed in the lab. The spot parameters i.e. pH-7.17, Conductivity-422 uS/cm and Dissolved Oxygen-8.86 mg/l were measured at site in presence of applicant and values indicate that good condition of water quality of pond at the time of visit and as per CPCB water quality criteria of "Designated Best Use" of surface water it can be used for outdoor bathing. The DBU standard enclosed. The other water parameters of pond water analysed in the lab are enclosed and no abnormal values were observed.
viii. Historically, people in Chhattisgarh have a deep connection with their water bodies. A common property of the community, a pond can be used for a multitude of purposes, including irrigation, bathing, washing, domestic use, and for cattle. Ponds are also a habitat for flora and fauna and a source for recharging the groundwater. They mitigate droughts and act as shock absorbers in flood- prone areas.
ix. As alleged, the unit discharging waste water but the unit representative Sh. Manish Agrawal deny for it and informed that the unit has constructed effluent storage tank in 2023 and no water discharged outside, moreover the discharged point has also been close permanently by concreate to avoid any future possibility of incident. It also pertinent to mention that unit has not started its 6 commercial operation till the time of visit. The above facts also confirmed by the resident of the area.
x. The committee collected water sample from the bore well located inside the premises of the unit as demanded by the applicant to assess any contamination in ground water. The water sample later analysed in lab and compared with the drinking water standard IS10500:2012 and all the parameters found within the limit and no abnormal values was observed.
xi. The results of ground water analysis are enclosed. The unit has valid ground water withdrawal permission obtained from CGWB, Raipur and the NOC no. is CGWA/NOC/IND/ORIG/2021/11378 issued on 17.3.2021 and in compliance of NOC condition the unit has installed the ground water recharge arrangements and the supporting document provided by the unit is enclosed.
xii. The community pond located at back side of the unit is being used for bathing purpose, however its cleaning is required as it was observed that the solid waste or garbage generated from the village area being dumped at the corner of the pond and stairs (Ghat) made at the pond also found damaged. The matrix of the solid waste indicated that there was a substantial quantity of banned single use plastic accumulated which may also cause of pollution.
Issue No. 02: Rules relaxation in industrial operation.
The unit has not obtained any relaxation for environmental regulation point of view for its operation because unit has obtained all necessary permission for concerned department mainly CECB and CGWB The unit has obtained CTE and CECB imposed the stricter condition for establishment of unit which includes prevention of water, air and fugitive emissions. The condition of zero liquid discharged, installation of ETP and STP, installation of air pollution control device, concreating of internal roads and 7 rain water harvesting is being imposed and unit also complying it as observed.
The unit has also obtained ground water withdrawal permission from CGWB with metering arrangements and recharging arrangements, Hence allegation made in petition regarding giving relaxation in rules for installation of unit found incorrect by the committee.
Issue No. 03: The land allotted to industrial unit is belongs to cultivable land allotted to landless by the government.
As per the record and report submitted by Tahsildar, Mahasamund it came to know that the land is diverted for industrial purpose and belongs to Sh. Manish Agrawal, the report given by the Collector office of Mahasamund CG is enclosed as Annexure-11. The report reveals that there is no discrepancies w.r.to land ownership and land use, additionally the unit has also given land diversion document and receipts of tax deposition in state government treasury as a property owner is enclosed.
Conclusion: -
The main allegation of the petition was discharging of waste water in to community pond while verifying the facts it was observed that till the time of visit unit has not started its commercial production moreover, unit has installed excess capacity ETP and STP with additional online monitoring system and PTZ camera and provided its connectivity to CECB for remote monitoring. The unit has made all arrangements for maintaining the zero liquid discharge as per consent condition.
The unit has not got any relaxation from environment law point of view and the unit has been established on diverted land of industrial purpose and found no discrepancies w.r.to land records.
Hence, the facts mentioned in the letter petition are not in consonance with the factual position observed by the 8 committee during site visit and no environmental violation were observed as alleged by petitioner, however for sustainable water quality management of community pond the following recommendation given by the committee as instructed in para 5 of the order dated 15.02.2024 of this case.
Recommendations: -
1. The sign boards for cleanliness and no littering on the community pond should be placed by the Panchayat at prominent location as per requirements.
2. The Panchayat may establish a regular maintenance plan throughout the spring and summer months as consistent care will keep community pond in good condition.
3. The unit may repair the damaged status of the ghat of community pond under CSR activity through Panchayat.
4. The local administration may also explore the possibility of in-situ treatment system of run off water before entering in community pond.
5. During spring the season when debris, fallen leaves, twigs, and other detritus, accumulates in ponds at that time remove it in and around from pond to prevent nutrient buildup.
6. Plantation and wooden barricading may be done at the periphery of the pond it will provide protection from stray animals and windblown trash deposition in pond.
7. The pond catchment and storage areas should be protected by Panchayat from any encroachment as it reducing the water availability and quality.
8. Cleanliness drive for removing of single use plastic and other littered material from pond may be organised."9
3. The perusal of the report reveals that the community pond located at the backside of the unit is being used for bathing purposes by the villagers and the solid waste or garbage generated from the village are being dumped at the corner of the pond and ghats made at the pond. There is also a small Nalla and the local Nalla is flowing towards the pond area causing water pollution inside the pond and for that a treatment by way of SITU type treatment is required.
4. The members of the Joint Committee reported that the unit is not in operation and necessary permission has already been issued to the unit with certain terms and conditions including the treatment of the water and compliance of the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981.
5. It is further submitted that the unit has installed the STP of 40 KLD for treatment of the domestic water generated from kitchen and toilet etc. The higher capacity STP constructed to cater the future requirement is there with the MBBR Technology and entire treated water will be used for horticulture and inside road cleaning purposes.
6. In view of the above we direct as follows :-
i. Collector, District-Mahasamund and the Municipal Corporation, Mahasamund are directed to ensure that no solid waste should be thrown or dumped near or inside the pond/water body and necessary arrangement should be made for collection, transportation and disposal of the solid waste in accordance with the Solid Waste Management Rules, 2016.
ii. Collector and Municipal Corporation, Mahasamund are further directed to ensure that no untreated water should be discharged into the water bodies and there should be proper treatment facility of the untreated water. The treated water should be utilized for the agriculture/horticulture purposes as 10 feasible and possible. The recommendations of the committee must be complied with.
iii. State Pollution Control Board is directed to periodically monitor the status of the solid waste and liquid waste and in case of any violation to take necessary action in addition to the prosecution and assessment and realization of the environmental compensation according to the law laid down in the O.A. No. 606/2018.
7. With these observations Original Application No. 52/2024 stands disposed of.
Sheo Kumar Singh, JM Dr. Afroz Ahmad, EM 23rd April, 2024 O.A No. 52/2024(CZ) PN 11