National Green Tribunal
Sri.C.Murugan, Proprietor, ... vs The Member Secretary, Karnataka State ... on 5 November, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.07:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 102 of 2017 (SZ)
(Through Video Conference)
IN THE MATTER OF:
C. Murugan
Proprietor
M/s. Manjunath Dyeing Works
No.7, 26th Cross
Anekallappa Mutt Lane
Cubbonpet
Bangalore - 560 002.
...Applicant(s)
Versus
The Member Secretary,
Karnataka State Pollution Control Board,
Bangalore and Ors.
...Respondent(s)
Date of hearing: 05.11.2020.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): Sri. K.S. Viswanathan.
For Respondent(s): Sri. R. Thirunavukarasu for R1, R2.
Sri. M.R. Gokul Krishnan for R3.
Sri. R. Thirunavukarasu represented
Sri. Darpan for R4.
[1]
ORDER
1. As per order dated 09.09.2020, we have recorded the order dated, 15.07.2020 passed by this Tribunal thereby directing the respondents 1 to 4 to file their further status report regarding the recommendations made by this Tribunal while disposing of the O.A. No.225 of 2014 and other connected matters and posted the case to 28.10.2020 for that purpose and on 28.10.2020, it was adjourned to today.
2. When the matter came up for hearing today through Video Conference, Sri. K.S. Viswanathan represented the applicant.
Sri. Thirunavukarasu represented respondents 1 & 2, Sri. M.R. Gokul Krishnan represented 3rd respondent and Sri. Thirunavukarasu represented Sri. Darpan, the learned counsel appearing for 4th respondent.
3. We have received a report submitted by the Environmental Officer, Regional Office, Bangalore City West which reads as follows:-
"Brief Inspection Report on Dyeing units located in Cubbonpet, Bengaluru
1) NGT (SZ), Chennai vide Application No.225/2014 by Mr. Muragan, M/s. Manjunatha Dyeing Unit and others.
2) NGT (SZ), Chennai vide Application No.102/2017 by Mr. Muragan, M/s. Manjunatha Dyeing Unit and others.
***** Preamble:
[2]There are number of Dyeing and bleaching units located in Ward No.120 of Cubbonpet and Ward No.109 of Chikkpete of Bengaluru. The Dyeing & bleaching units are working in these areas since 80-70 years in the old method of hot water dipping, rinsing and drying process. These are very tiny/small units and located in the residential houses and they are carrying out the dyeing activity for fabric and yarn. After dyeing, bleaching and printing, the same will be handed over to the supplier. Then the fabric will be stitched and given to local market or garment units. The yarn after dyeing will be given to power looms for further weaving of sarees or to make garment.
Location of the Units The Cubbonpete and Chikkpete are located in the heart of City and this area is popular for commercial and residential activity since from the beginning. This area is located near to Office of BBMP, Deputy Commissioner, Police Station, etc., This is a very thickly populated area and roads are very narrows/small and very difficult to take four wheeler vehicles. Two wheeler vehicle or walking is the best for reaching to this area. These activities are being carried out in a small area like 10 ft x 20 ft or 20 ft x 20 ft. The majority of the dyeing units are located in residential house and discharging domestic and washing effluent to BWSSB drain. The source of water is BWSSB or tanker supply. The google map showing Cubbonpete area is enclosed as Annexure-I. Details of process activity:
The Dyeing units usually work on job work basis and require less water for rinsing, bleaching and dipping for printing. The main raw material required is color, water and yarn /fabric. These units, works usually in the day time and they carry out the dyeing activity in batch process. To get hot water, some of the units use wood as fuel for boiler, some units use LPG as fuel for oven and some of the units directly feed the wood to oven to heat the water in tank/pan. Due to this activity, the possibility of the complaint is on air pollution and water pollution due to discharge of effluent. Some of the units having borewell as water supply sources and other have BWSSB supply. These units will be having employees of about [3] 2-6 only and working in the residential house itself. Since they are operating in the residential houses without having any Board name, it is very difficult to identify in these area.
Complaint History:
The Bard has received the complaints since June, 2010 by the residents of the surrounding area, Press, RTI Activities etc. Even they have also approached the Hon'ble Lokayuktha on illegal Dyeing units. Upon complaint, the Board officers have made several inspections and collected the sample with Mahazar etc. Further, the Board has taken various actions on illegal units by way of calling for Personal Hearing and Technical Discussions. Then the Board has issued notices for non compliances and also conducted awareness cum work shop and communicated the proceedings to the Association vide Letter No.6518 dated 22.02.2012. In spite of several opportunities given to them, they have not complied to consent conditions and then the Board has issued the closure orders to all illegal units. Upon the request of the unit authorities, the Board has revoked the closure directions and issued again consent order on 18.08.2015 for the period upto 30.06.2016 to relocate from the existing location to suitable site away from the present place with all infrastructural facilities and pollution control measures in any event within 2 years from the date of revocation of closure order (i.e. 15.07.2017) and to handover the industrial effluent CETP of M/s. Eco Green Solutions Private Limited for further treatment and disposal.
Among these units, Mr. C. Murugan of M/s.
Manjunatha Dyeing Works has filed appeal before the Karnataka State Appellate Authority at Bengaluru:
1) On 14.10.2011 vide Appeal No.6/2011 C/w 07/2011.
2) On 17.06.2013 vide Appeal No.16/2013 These cases were disposed.
However, Mr. C. Muragan of M/s. Manjunatha Dyeing Works and other also filed appeal before Hon'ble National Green Tribunal, Southern Zone at Chennai.
1) NGT (SZ) vide Application No.225/2014
2) NGT (SZ) vide Application No.102/2017 These cases are pending.[4]
Action Initiated by Board:
The closure orders were issued to the industries that are located on 15.11.2014 by the Regional Officer after getting concurrence from the Board Office. After receipt of Closure order, Mr. Muragan of the Manjunatha Dyeing Unit has approached the Hon'ble National Green Tribunal, Southern Zone, Chennai vide Application No.225/2014. "The NGT vide Judgment order dated 15.05.2015 directed the industry to apply for consent of the Board with short and long term measures subject to payment of fee of polluter of Rs.15,000/- in favour of Secretary DEE, GOK by granting consent for one year which may be extended by one more year." Accordingly, the industry has applied for consent with short term measures and consent fee as well as polluter pays fee of Rs.15,000/-. Hence and upon the request of the unit authorities, the Board has revoked the closure directions and issued again consent order on 18.08.2015 for the period upto 30.06.2016 to relocate from the existing location to suitable site away from the present place with all infrastructural facilities and pollution control measures in any event within 2 years from the date of revocation of closure order (i.e. 15.07.2017) and to handover the industrial effluent CETP of M/s. Eco Green Solutions Private Limited for further treatment and disposal. Further, the Regional Office has issued notice on 20.02.2017 to apply for renewal of consent. There is no response from the any dyeing industries. Also a Show Cause Notice was issued to the industry from Board office on 05.04.2017. But there is no reply from the industries for the notice issued from the Board till date.
On 20.02.2018, the DEO of the Regional Office has inspected the working units and recommended to issue Notice of Proposed Directions for the violating units vide this office letter No.1599 dated 21.03.2018 by forwarding the inspection reports to Regional Senior Environmental Officer.
After several hearing by the Hon'ble NGT and due to COVID issues the dyeing units could not pursued. On 10.09.2020 the Hon'ble NGT has directed the Board to submit action taken report and the case is posted to 28.10.2020.[5]
In this regard, the dyeing units located in the area of Cubbonpete have been inspected on 29.09.2020 and 30.09.2020 and observed that they are working with BWSSB power supply without obtaining consent of the Board and not shifted to the suitable locations as mentioned in closure orders and previous consent order. The Dyeing units list is enclosed as Annexure-II.
This is a sensitive area and once the Board Officers entering into the area, the message will spread to the entire area because of their disperse. Even, they have not displayed any Board for identification of dyeing units and it is very difficult to identify the units by the officers especially newly transferred officers. If the officers enter into the dyeing units, the main persons will abscond from the building and workers present will not give any proper information's and nobody will not sign for mahazar. This is the great difficult for the officers. The other departments like BBMP, BWSSB and BESCOM etc have already given permission for establishing and running of these units. Now, it is great difficulty to shift the units as they are approaching various sources by making pressure. Hence, it is opined to make the team comprises of BBMP, BWSSB, BESCOM, Sales Tax, GST authorities etc to involve for the task. If it is tackled in this right way, then the area will be controlled from the pollution.
Recommendation:
Since the case is before the Hon'ble NGT, it is recommended to issue closure order to these units as they are operating without the CFO of the Board and discharging the untreated washing effluent into BWSSB drain.
Environmental Officer RO, Bengaluru City West Enclosures:
1) Google map of Cubbonpet area (Annexure-I),
2) List of Dyeing units (Annexure-II),
3) Inspection reports of the individual Dyeing units with photographs of the Dyeing units."[6]
4. The learned counsel appearing for the respondents 1 & 2 also filed a memo which reads as follows:-
"It is respectfully submitted that further to order dated 09.09.2020, we received a communication dated 23.10.2020 from the Environment Officer, KSPCB. It is respectfully submitted that the EO has inspected the said area on 29.09.2020 and 30.09.2020. During such inspection, it has come to the knowledge of the SPCB that most of the units were carrying on the work without having proper consent. The Environment Officer has taken steps by issuing Notice of Proposed Directions to all the non complying dyeing units on 23.10.2020 in accordance with law before issuing closure orders. The list of Dyeing Units with proposed directions issued is also enclosed along with the memo. The SPCB will issue closure order following due procedure and comply with the directions of this Hon'ble Tribunal.
Hence, it is prayed that this Hon'ble Tribunal may take this memo on record and pass suitable orders.
Dated at Chennai on this the 24th day of October, 2020."
5. It is seen from the report that most of the units are operating without getting necessary consent from the Pollution Control Board and without complying with pollution norms. When this was pointed out, the learned counsel appearing for the applicant submitted that he received the report yesterday night only and if two days time is granted, he may be able to come with his submissions to the report.
6. This matter is of the year 2017. Further, the prayer in the application cannot be granted by this Tribunal according to us [7] and the operation of the unit in a residential area for a longer period will also cause environmental degradation.
7. However, considering the request made by the counsel appearing for the applicant we grant short time till 09.11.2020 to them.
8. For hearing, post on 09.11.2020.
....................................J.M. (Justice K. Ramakrishnan) .................................E.M. (Shri. Saibal Dasgupta) O.A. No.102/2017, 05th November, 2020. Mn.
[8]