National Green Tribunal
Shailesh Singh vs State Of Uttar Pradesh on 9 December, 2021
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 04 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Execution Application No. 19/2021
IN
Original Application No. 324/2016
(I.A. No. 159/2021)
Shailesh Singh Applicant
Versus
State of U.P. & Ors. Respondent(s)
Date of hearing: 09.12.2021
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Applicant: Ms. Preeti Singh, Advocate for Applicant in E.A 19/2021
Respondent(s) Mr. Raj Kumar, Advocate for CPCB.
Mr, Pradeep Misra, Advocate for UPPCB
Mr. Pinaki Misra, Senior Advocate, Mr, Sanjeev Ralli, Senior
Advocate & Ms. Vanita Bhargava, Advocate for Radico Khaitan (R-
2).
ORDER
1. This application seeks execution of order dated 18.03.2021 whereby directions were issued for remedial action against pollution by the polluting industrial activities discharging polluted effluents in River Bhella which meets Kosi river in Rampur, which is a tributary of Ramganga, which in turn is a tributary of river Ganga.
2. Before passing the order dated 18.03.2021, the matter was considered for about five years by three orders - dated 20.05.2019, 23.07.2019 and 15.01.2020. The Tribunal found that pollution of river Bhella in Moradabad was acknowledged. One of the polluting industries was M/s Radico Khaitan Limited, impleaded as respondent No. 2 herein. 1
3. The Tribunal, considering the status of compliance of the polluting industrial units shown from the expert Committee inspection report and the report of Justice Arun Tandon, former Judge of the Allahabad High Court, who was at the relevant time heading the Ganga Pollution Monitoring Committee and of the CPCB dated 06.01.2021 based on inspection of 14 industries in the area, directed:-
"1to12...xxx................................xxx.....................................xxx
13. We have considered the above reports and heard learned counsel for the appearing parties. There is no objection to the report of the Oversight Committee in respect of the units in the State of UP or to the report of the joint Committee filed by the CPCB. We do not see any reason not to accept the same. Accordingly, the said reports are accepted. Action may accordingly be taken by the concerned units and the statutory regulators.
14. The industries in the question in the State of UP as well as Uttrakhand may comply with the deficiencies noticed in the reports which may be overseen by a joint Committee of CPCB and the concerned State PCBs. The State PCBs may take necessary further action based on the observations of the joint Committee, which may include coercive measures like recovery of compensation and initiating prosecution, following due process of law. An action taken report may be periodically provided by the State PCBs to the Chairman, CPCB for any further directions for the remedial action. The State PCBs may recover compensation already assessed by taking suitable coercive measures, including closure. The State PCBs may impose appropriate conditions as part of consent conditions. Since the rivers in questions are finally meeting river Ganga, orders of this Tribunal in OA 200/2014, M.C. Mehta v. Union of India & Ors., wherein vide order dated 18.12.2019, the Tribunal directed the NMCG and concerned States, including Uttarakhand and UP to prevent discharge of industrial effluents in river Ganga and its tributaries by ensuring proper functioning of ETPs/CETPs, are attracted which need compliance. The Ganga matter was last considered on 08.2.2021 in the light of progress report and directions were issued for further remedial action to ensure prevention of pollution of river Ganga and its tributaries and to file a further progress report with the NMCG. Accordingly, the States of UP and Uttrakhand may include the present issue also in its progress report to the NMCG as the issue has bearing on pollution of Ganga.
15. With regard to the affidavit filed by Radico Khaitan that it has a report from a private consulting agency, it is made clear that report of such agency cannot be treated as conclusive and needs to be evaluated by the statutory regulators based on ground verification.2
16. Learned counsel for the UP State PCB submits that polluted water is being discharged from the Uttarakhand by the industries which is flowing to the State of UP. This may be looked into by the CPCB and based on observations of the CPCB, appropriate remedial action be taken to prevent such pollution by the State of Uttarakhand and its authorities. Regular vigilance may be maintained by the concerned SPCBs and other statutory regulators and impact on water quality of river Kosi, Dhela, Bhela, Ramganga and finally on Ganga may be overseen by CPCB and NMCG also."
4. According to the execution application, the State PCB, CGWA and other statutory authorities have failed to take necessary steps for enforcement of the order of this Tribunal. Apart from continued discharge of effluents, ground water extraction is taking place illegally. The applicant has impleaded State PCB, Rampur Distillery (Radico Khaitan), UPPCB, CPCB, CGWA and District Magistrate, Ghaziabad.
5. Vide order dated 12.08.2021, Tribunal considered the matter and found it necessary to seek a status report in the matter from the CPCB and the State PCB. The operative part of the order is reproduced below:-
"7. The averments in the execution application may call for an appropriate response based on verification of facts on the ground.
8. Accordingly, to enable the Tribunal to proceed further, the CPCB and State PCB may furnish a status report in the matter with regard to the compliance status of order of this Tribunal dated 18.03.2021. The report may be furnished before the next date by e-mail at judicial- [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF."
6. In pursuance of above, reports have been filed separately by CPCB and UPPCB. Report of CPCB dated 07.12.2021 states that CPCB along with Uttarakhand State PCB and UPPCB carried out monitoring of water quality of the rivers in question. At few stretches water quality was found deteriorated as compared to other stretches. Vide letter dated 02.09.2021, the reports of water quality were forwarded to the concerned State PCBs to take remedial measures. A meeting was also held on 09.11.2021 with the 3 said PCBs and they were directed to ensure compliance of recommendations of the joint Committee and the Oversight Committee. Uttarakhand State PCB provided compliance report with reference to 7 industries:-
1) M/s Multiwal Pulp and Board Mills (P) Ltd., Bazpur Road, Kashipur, Dist.: U. S. Nagar, Uttarakhand.
2) M/s Multiwal Duplex Pvt. Ltd., Kundeshwari Road, Kashipur, Dist.: U. S. Nagar, Uttarakhand
3) M/s Kashi Vishwanath Textile Mill Ltd. (SPNG Group), 5th Km Stone, Ramnagar Road, Kashipur-244713, Uttarakhand
4) M/s Cheema Papers Ltd, 9 km stone Bazpur Road, Kashipur, Dist. U.S. Nagar, Uttarakhand
5) M/s Banwari Paper Mill Ltd., 4th km stone, Rampur Road, Kashipur, U.S. Nagar, Utarakhand
6) M/s India Glycols Limited (Chemical Unit), A-1, Industrial Area, Bazpur Road, Kashipur, District-U.S. Nagar, Uttarakhand
7) M/s India Glycol Ltd (Distillery Plant), Kashipur, Uttarakhand
7. UP PCB has furnished status report with reference to 6 industries:-
1) M/s Radico Khaitan Ltd, Rampur
2) M/s Damyaa (P.J.) Foods Pvt Ltd, Rampur
3) M/s Usha Steel Process, Ajeetpur
4) M/s Swati Menthol Allied Chemical Ltd, Rampur
5) M/s Rana Sugars Ltd, Moradabad
6) M/s Rana Sugars Ltd (Distillery unit), Moradabad
8. Apart from report of CPCB, UPPCB has filed its separate report dated 03.12.2021 giving the compliance status in conflict with the report of the CPCB with regard to the pollution and extraction of groundwater by the industries. The said report does not mention the details with regard to 4 extraction of ground water and compliance of consent conditions meant for preventing pollution of rivers in the vicinity.
9. In view of above, we consider it appropriate to require a joint report by a joint Committee of CPCB, UPPCB and Uttarakhand State PCB within two months by email at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF which may also be uploaded on the website of CPCB simultaneously for further response of the concerned parties. The joint Committee may also furnish details of ground water extraction, compliance of conditions for preventing pollution of rivers in the vicinity, extent of discharge of pollutants and compensation assessed and recovered in the past and also recommend further remedial action, if necessary.
List for further consideration on 14.03.2022.
A copy of this order be forwarded to the CPCB, UPPCB and Uttarakhand State PCB by e-mail for compliance.
I.A. No. 159/2021 for early hearing will stand disposed of in view of above order.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Dr. Nagin Nanda, EM December 09, 2021 Execution Application No. 19/2021 in Original Application No. 324/2016 AVT 5