National Green Tribunal
Gram Panchayat Araba vs State Of Rajasthan on 23 November, 2020
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 03 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 329/2015
(M.A. No. 283/2018, M.A. No. 1389/2018,
I.A. No. 532/2019 & I.A. No. 660/2019)
I.A. No. 719/2019) I.A. No. 720/2019)
(With affidavit dated 23.11.2020)
Gram Panchayat ARABA Applicant
Versus
State of Rajasthan & Ors Respondent(s)
Date of hearing: 23.11.2020
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. SATYAWAN SINGH GARBYAL, EXPERT MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Applicant: Mr. Kartik Dabas, Advocate for Applicant
Respondent(s): Mr. K. K. Singh, Advocate for MOEF & CC
Mr. Pinaki Misra, Senior Advocate with Mr. Adhiraj Singh,
Advocate for RSPCB
Mr. Anuj Bhandari, Advocate for RIICO
Mr. A.K. Prasad, Advocate for CGWB
Mr. Rishabh Sancheti, Advocate for JPNT
Mr. Anchit Bhandari, Advocate in I.A. No. 719/2020 & I.A. No.
720/2020
ORDER
1. The issue for consideration in these proceedings is the remedial action against pollution in Jodhpur and Barmer Districts of Rajasthan by operation of industrial units in violation of environmental norms. Case of the applicant is that discharge of untreated toxic industrial effluent is taking place inter alia in Jojari River, which is flowing from Jodhpur towards Barmer District, carrying natural flow of water. This is in resulting in contamination of ground water. Industrial activities include dyeing of textiles, using chemicals. There is also discharge of untreated 1 sewage on account of the failure of the Municipal Corporation, in violation of the Water (Prevention and Control of Pollution) Act, 1974. Further grievance is against illegal extraction of ground water. Thousands of industries are said to be operative within the Municipal area of Jodhpur, without the requisite consents from environment regulator. The CETP in the industrial area is not meeting the norms. There is deposit of hazardous sludge on the river bank. It is stated that due to excessive flow of polluted water, a temporary step-dam gave way on 16.08.2015, causing huge damage to the crops in the area which was also widely reported in media, including the Dainik Bhaskar dated 17.08.2015. Village Araba was particularly affected due to highly toxic industrial waste discharge on account of breach of the river-bank. Other villages, including Basni, Tanawara, Salawas and Sangaria were also affected. Hence, the Panchayat decided to move this Tribunal. The Application was filed in the year 2015.
2. The State PCB filed its reply on 03.12.2015 to the effect that industrial effluent was being treated by a CETP since 2004. STP of 50 MLD was also functional. However, the sewerage system was inadequate. One more CETP was proposed to be installed. 299 units have deposited Rs. 5 lacs each but 94 units have not yet deposited the amount. There is need for segregation of sewage and industrial effluents and its treatment before being discharged into the river. An affidavit was also filed by the SDM to the effect that land was allotted for setting up of a CETP to the Rajasthan State Industrial Development and Investment Corporation (RIICO) on 19.02.2015. Action was taken for closure of 27 factories operating illegally. The Additional Chief Secretary, Environment and the Divisional Commissioner, Jodhpur constituted a Committee for Jodhpur and Barmer Districts to consider the problem of accumulation of water 2 because of sewage and effluent. The State PCB carried out inspection and alongwith other authorities.
3. The matter has been considered earlier in the last five years on several occasions, in the light of the material placed on record in response to orders passed from time to time. The orders passed inter-alia are dated 07.04.2016, 22.07.2016, 24.01.2017, 30.01.2018, 16.03.2018, 30.05.2018, 30.08.2018, 23.10.2018, 16.11.2018, 22.04.2019, 10.05.2019, 17.5.2019, 2.9.2019, 16.10.2019 and 24.2.2020. It is not necessary to refer to all the said orders but reference is required to some of the orders for dealing with the issue.
4. Vide order dated 23.10.2018, an Expert Committee comprising Dr. Ajit Pratap Singh, Professor, BITS, Pilani, Dr. Akhilendra Gupta, Professor, MNIT, Jaipur and Dr. A.B. Akolkar, former Member Secretary, CPCB was appointed to visit the site and to submit an independent factual status report, particularly about functioning of CETP and treatment of effluents by the industrial units.
5. The Committee visited the site on 01.11.2018 and carried out sample inspection of certain textile and other industries mentioned in the report. The Committee examined the environmental status in the RIICO Industrial Area, quality of water in RIICO Drain, functioning of CETP, STPs, water quality of River Jajori and of Kayalana Lake. The Committee found absence of individual pre-treatment plants (PETPs) in many units for treatment of effluent before it is carried to the common effluent treatment plant (CETP). The Committee also found functioning of industrial units, including those handling of hazardous waste, without requisite statutory consents. Further, it was found that CETP and STPs were not meeting the standards. Drains were not duly maintained. The 3 regulatory authorities were not taking action for compliance of law. The Committee found contamination of water which necessitated steps to supply drinking water to the affected villages. It suggested as follows:-
"7.1 Two units
i) The two industries namely M/s Universal Dye Stuff and M/s Dauxil Product which were found to be closed should remain closed. These units should have pre/ primary effluent treatment plant (PETP) before letting out their effluent into drain or pipeline reaching to CETP. Both the units should comply with PETP standards.
ii) RSPCB should grant consent under Water and Air Act and authorization for handling hazardous waste and then to permit for operation. The conditions of CPCB like installation of on-line devices should be initiated and connected with server of CPCB.
7.2 Industries with PETPs
i) All the Steel industries generating effluents should set up PETP within 90 days and only treated effluent should be disposed into pipeline leading to CETP. Industry may be given with option that:
a) They should be closed immediately till they set up PETP/or
b) Pay up compensation @ Rs. 25000/- per day till they set up PETP but not exceeding 90 days.
ii) Steel industries should comply with PETP norms.
iii)The Textile/Dye-stuff or other effluent generating industries should have PETP and should not be permitted to operate till they set-up and comply with PETP norms.
Such units should pay compensation charges @ Rs. 25000/- per day or close immediately.
7.3 PETP Standards
i) As per Notification of MoEF & CC dated 01.01.2016, SPCBs are required to notify PETP standards for required treatment design of CETP. Since, the CETP has been in existence prior to the notification (01.01.2016), the State Board has prescribed general standards as PETP standards which can be followed by the all industrial units as PETP standards:
Parameter Steel Textile and
Others
4
pH 5.5-8.5 6.5-8.5
Oil & Grease 20 mg/1 20 mg/1
Phenolic Compounds 5.0 mg/1 5.0 mg/1
Ammonical Nitrogen 50mg/1 50 mg/1
Cynide 2.0 mg/1 2.0 mg/1
Chromium hexavalent 2.0 mg/1 2.0 mg/1
Chromium (total) 2.0 mg/1 2.0 mg/1
Copper 3.0 mg/1 3.0 mg/1
Lead 1.0 mg/1 1.0 mg/1
Nickel 3.0 mg/1 3.0 mg/1
Zinc 15 mg/1 15 mg/1
Arsenic 0.2 mg/1 0.2 mg/1
Mercury 0.01 mg/1 0.01 mg/1
Cadmium 1.0 mg/1 1.0 mg/1
Selenium 0.05 mg/1 0.05 mg/1
Fluoride 15 mg/1 15 mg/1
Boron 2.0 mg/1 2.0 mg/1
Total Suspended 600 mg/1 600 mg/1
{Explanation to the suggested PETP Standards.} It has been observed that PETP standards were already in existence notified by MoEF & CC in the year 1995 at SI.no. 55. It can be considered that the concentrations suggested for each parameter mentioned above are the optimum level which can be treated in CETP.
7.4 CETP - JPNT
i) Should comply with standards prescribed and not to dispose effluents to river. Treated effluent should be reused by the Member industries or may be utilized for irrigation with proper irrigation management plan.
ii) Hazardous waste should be disposed as per rules and with due Authorization.
iii) CETP should have onsite and offsite disaster management plan.
iv) HDPE pipeline should be audited for hazard prevention with safety. Routine checks should done by duly 5 accredited agency. The pipeline route should be marked and well displayed for public and maintenance purpose. 7.5 Action for RIICO RSPCB
i) RIICO should periodically remove sludge and waste.
ii) Drains should be repaired (by RIICO).
iii) Burning of waste should be stopped (by RIICO).
iv) No further new industries, particularly which generate trade effluents, should be allowed by RSPCB till existing industries meet the prescribed effluent standards.
v) Industries should have information board with necessary information displaying both in Hindi and English outside their main gate (RSPCB).
vi) All the valid consents given by the RSPCB should be displayed at RSPCB website.
vii) District Magistrate shall ensure closing of Units with RSPCB immediately or recover compensation @ Rs. 25000 per day but not exceeding 90 days and thereafter close till they set-up PETP and meet the standards.
viii) With JPNT, RSPCB should ensure proper sludge collection on door-to-door basis from each of the industry. 7.6 All Three STPs should meet prescribed standards for fecal coliform and treated water should be utilized for irrigation. (Jodhpur Sewage Board).
7.7 Kalyanur village and other villages should be provided and covered for potable water supply. Necessary clearance to the proposal of Araba Gram Panchayat be examined and granted.
7.8 Irrigation and flood control Department should examine for releasing water from upper stretches of river Jojri and Luni for maintenance of low. This, however, should be done only alter ensuring proper treatment of sewage and industrial effluent.
8. Execution and Monitoring of Action Plan
i) District Magistrate under convener of RO, RSPCB shall monitor execution of Action Plan on a weekly basis.
ii) Secretary Environment of State wild monitor progress on monthly basis with Member Secretary of RSPCB and concerned Department and will file bi-monthly report of compliance."
6
6. The Tribunal considered the matter vide order dated 16.11.2018 and sought the response of the State. Accordingly, the Secretary, Environment, Rajasthan filed response as follows:-
"
a) Two Units:-
1. M/s. Universal Dye Stuff:- The Central Pollution control Board vide letter dated 25.10.2018 issued directions under section 5 of the Environment (Protection) Act, 1986 and the unit shall remain close till the compliance is achieved and verified by CPCB. The Regional Officer, Jodhpur has verified that the unit is no- operational
2. M/s. Dauxil Product:- The Central Pollution control Board vide letter dated 25.10.2018 issued directions under section 5 of the Environment (Protection) Act, 1986 and the unit shall remain closed till the compliance is achieved and verified by CPCB. The Regional Officer, Jodhpur has verified that the unit is no- operational
b) Industries with PETPs:-
(i) Out of the total 94 steel industries (JPNT Member) 86 units have installed PETP, remaining 7 units were found non-operational during the inspection, and the JPNT has cancelled the membership of 1 unit.
(ii) Out of the total 312 Textile industries (JPNT Member) 273 units have installed PETP, remaining 37 units were found non-operational during the inspection, and the JPNT has cancelled the membership of 2 units.
(iii) Out of the total 13 other units industries (JPNT Member) 4 units have installed PETP, remaining 72 units were found non-operational during the inspection, and the JPNT has cancelled the membership of 9 units including non-operational units.
Photo copy of the list of 363 units who have installed PETP, 44 units which were found closed during the inspection and 12 units who have converted to non-polluting industries and their membership have been cancelled by the JPNT, are annexed herewith and marked as Annexure R/3 (collectively).
c) PETP Standards:-
7 As per Notification of MoEF & CC dated 01.01.2016 and in compliance of the directions passed by this Hon'ble Tribunal. The Rajasthan State Pollution Control Board has adopted the PETP standards vide office order dated 11.03.2019. The photocopy of the office order dated 11.03.2019 is annexed herewith marked as Annexure R/4.
d) CETP-JPNT The CETP vide letter date 08.03.2019 has submitted the detailed compliance report in response to NGT Order dated 16.11.2018 and in response to the queries raised in the meeting dated 20.11.2018, 13.12.2018 and 24.01.2019. The photo copy of the letter dated 08.03.2019 along with compliance report of the CETP Trust is annexed herewith and marked as Annexure R/5 (Collectively).
e) Action for RIICO and RSPCB:-
The State Board will file the detailed compliance report.
f) Steps:-
Municipal Corporation, Jodhpur has submitted the compliance report of this Hon'ble Tribunal order dated 16.11.2018 through letter dated 20.12.2018. The photo copy of the compliance report dated 20.12.2018 is annexed herewith and marked as Annexure R/6.
g) Potable water supply for villages:-
The PHED is providing drinking water to the affected villages. The photo copy of the PHED, City Circle, Jodhpur letter dated 05/12/2018 is annexed herewith and marked as Annexure R/7.
h) Release of water from upper stretches of river Jojri:-
In compliance of the directions passed by this Hon'ble Tribunal a meeting was convened under the Chairmanship of District Collector, Jodhpur on 11.02.2019. In the meeting it was informed by the officials of the concerned department that there is no excess water available in Kaylana Lake which can be released in river Luni so as to maintain e-flow of the river. The photo copy of the minutes of the meeting dated 11.02.2019 is annexed herewith and marked as Annexure- R/8.
i) Weekly progress report:-
In compliance of the directions passed by this Hon'ble Tribunal, the District Collector, Jodhpur and Regional Officer, RSPCB, Jodhpur has reviewed the weekly progress of the directions passed by this 8 Hon'ble Tribunal. The photo copy of the weekly progress reports are annexed herewith and marked as Annexure R/9 (Collectively)."
7. The matter was thereafter reviewed on 17.05.2019. It was found that malfunctioning of CETP had not been remedied. Discharge of untreated effluents was continuing, resulting in diseases in the area. In such unsatisfactory situation, the Tribunal directed the DGP, Rajasthan to constitute a Special Task Force (STF) to check such activities 24×7 to be headed by an officer of the rank of Additional SP. The STF was to keep vigil over illegal discharge of industrial effluents and take appropriate legal action. System of receiving complaints from public in respect of such discharge through mobile was to be introduced so that the special task force could come into action. The Tribunal was to consider the factual and action taken reports.
8. Further order dated 02.08.2019 was passed after considering the report submitted by the STF. The Tribunal directed remedial action, including action against illegal extraction of ground water.
9. Last order to which reference may be made is the order dated 24.02.2020. By the said order, the Tribunal considered the report of the CPCB, showing that there was serious violations of parameters and it was necessary to stop discharge at various locations. The Tribunal noted the report of the CGWA that 58 units were illegally extracting water which were sealed and the PCB had failed to take necessary action. The Tribunal directed the statutory authorities to take remedial action and to file compliance report.
10. We have heard the learned Counsel for the parties present. At the outset, learned Counsel for the State PCB pointed out that I.A. Nos.
532/2019 and 660/2019 have been filed by the State PCB for 9 modification of orders dated 17.05.2019 and 02.08.2019 and that the State PCB filed CA No. 3525-3528 of 2020, Rajasthan State Pollution Control Board & Ors. v. Gram Panchayat, ARABA before the Hon'ble Supreme Court. The Hon'ble Supreme Court, vide order dated 27.10.2020, directed that the applications should be decided at the earliest preferably within six weeks.
11. Accordingly, while reviewing the matter and passing further order, we have taken up the said applications for consideration. We have heard learned Counsel for the State PCB in support of the said applications.
12. The applications state that in a meeting held on 01.05.2019 under the Chairmanship of Chief Secretary, Jaipur, there were deliberations on the dimensions and spread of pollution problem in Jodhpur due to illegal discharge of industrial and domestic effluents discharged into the river Jojari and following decisions were taken:-
"
a) District Collector, Jodhpur will constitute a committee of the concerned departments and will take action against the illegal water polluting industries being operated on agriculture/revenue area and residential areas including action under provisions of Rajasthan Tenancy Act, Rajasthan Land Revenue Act and Agriculture land Allotments rules,
b) JVNL will disconnect the electric supply of all the illegal units on the recommendation of the District Collector, Jodhpur.
c) If required, District Collector, Jodhpur may also dismantle the recalcitrant industries which operate even after disconnection of the electricity by M/s JVVNL.
d) All the departments including S.P. Jodhpur will provide all logistic support to implement the aforesaid directions.
e) Vigilance squads including police personnel will be constituted by District Collector, Jodhpur which will keep a vigil on the illegal discharging of the effluent/ solid waste being disposed into river or at other unauthorized places. Deterrent action will be taken by concerned departments against the violators found during the patrolling 10
f) Deterrent action will be taken by concerned departments against the violators found during the patrolling."
13. Thereafter, Committees were constituted comprising Commissioner, Jodhpur Development Authority; Police Commissioner, Jodhpur (West); Superintendent Engineer, Jodhpur Vidyut Vitran Nigam Limited; Regional Manager, RIICO, Basni/Boranada, Sub-Divisional Officer, Jodhpur; Regional Officer, RSPCB and Tehsildar, Jodhpur for taking further action. Directions were issued under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974 by the State PCB to the District Collector, Jodhpur, Commissioner, Jodhpur, the Development Authority and the Municipal Commissioner, Jodhpur. Accordingly, further action was taken and number of industries were dismantled with the assistance of the police authorities. The actions taken are as follows:-
"
a) Vide office order dated 25.06.2019 a permanent full fledged Environment Compensation Cell (ECC) has been constituted at RSPCB Headquarter, Jaipur headed by a Senior Environmental Engineer. Further vide office order dated 25.06.2019, the applicant State Board constituted an Environmental Compensation Committee' to assess the Environmental Compensation to be imposed on defaulting industries/individuals and recommend it to the Chairperson for final approval. The photo copy of the office orders dated 25.06.2019 are annexed herewith and marked as Annexure- I.A. /11 (Coll.). The Environment Compensation Cellis fully functional since the date of its constitution i.e. 25.6.2019. The applicant State Board has imposed Environment Compensation of Rs. 8.5 Crores over 387 defaulting industries of Rajasthan in 3 meetings of ECC held so far, out of which 237 industries are from Jodhpur district and on CETP Jodhpur also. The photo copy of the details of environment compensation is annexed herewith and marked as Annexure-I.A./12.
b) That the applicant State Board vide office order dated 11.07.2019 constituted a committee of Officers from the R$PCB Headquarters to conduct inspection/ sampling of CETP, Jodhpur on fortnightly basis and also to conduct 11 surprise inspections. The photo copy of the office order dated 11.07.2019 along with CETP, Jodhpur inspection reports are annexed herewith and marked as AnnexureI.A./13 (Coll.). Similarly, vide office orders dated 18.07.2019, the State Board has also constituted similar teams for inspection and sampling every fortnight, of the other major CETP's in the state i.e. the ÇETP at Bhiwadi, Pali, Sanganer (Jaipur) andBalotra, BithujaJasol. The photo copy of the office orders dated 18.07.2019 along with inspection reports of CETP's are annexed herewith and marked as Annexure. I.A./14 (Coll.).
c) That an ENVIRONMENT VIGILANCE AND POLLUTION CONTROL CELL (EVPC)) at RSPCB headquarter, Jaipur has been constituted by the applicant State Board vide office order dated 18.07.2019 in order to keep a strict vigil over the industries causing pollution from the headquarter and a Senior Environmental Engineer has been made its In charge. Further, 6 dedicated POLLUTION CONTROL AND VIGILANCE SQUADS (PCVS)' (mobile patrolling units) have been made operational for round the clock surveillance and carrying out inspections/checking/ monitoring/sampling in the 5 industrial clusters/ districts of. Rajasthan where the pollution problem is grave, i.e at Jodhpur, Balotra, Pali Bhiwadi, and one at the RSPCB Headquarter, Jaipur. The photo copy of the office orders dated 18.07.2019, 22.07.2019, 31.07.2019 are annexed herewith and marked as Annexure-I.A./15 (Coll.).
d) That the Pollution Control and Vigilance Squads set up and made functional are mobile patrolling vehicles which are GPS tagged and their movement can be tracked on the software. Dedicated helpline numbers have been put in place for all five Pollution Control Vigilance Squads for the public to register complaints. The patrolling squads are functional since the date of their constitution and within a short span of one month, the vigilance squads have inspected over 214 industries at various places and actions have been initiated against non-complying industries. The details of the inspection carried out by the vigilance squads are annexed herewith and marked as Annexure-1.A./165 (Coll.).
e) That one of the biggest shortcoming of the applicant State Board in effective functioning till now has been the shortage or man power, as it is not proportionate with the increased number of industries in the recent times. In this regard, the state government has sanctioned 146 posts of various levels of officers by its order dated 29.07.2019 This would strengthen the functioning of State Board including patrolling, monitoring and inspections, once these officers are 12 recruited. The process of recruitment to these newly created posts has been initiated already. The photo copy of the Government letter dated 29.07.2019 is annexed herewith and marked as Annexure-1.A./17.
f) That the applicant State Board has strengthened the monitoring of the CETPs through the Online Continuous Emission Monitoring System (OCEMS) with the master server installed at R$PCB Headquarter, Jaipur. Out of the 17 CETP's of the state (including the CETP at Jodhpur) 13 are connected to the said server and data of the flow of effluent of 10 CETP's is being received round the clock. Recently the CETP Trusts were called for an OBH in the RSPCB headquarters and categorically told and given directions u/s 33A of the Water Act 8 31 A of the Air Act to ensure the supply of uninterrupted and non-tampered data to the RSPCB Server failing which the board will take action against them. The photo copy of the directions dated0 1.08.2019 is annexed herewith and marked as Annexure-I.A./18.
g) That the applicant state board, sent several surprise inspection teams from the R$PCB headquarters to Jodhpur to inspect and take samples from the industries, and imposed environmental compensations for the sample results which failed to meet the prescribed parameters for trade effluents.
h) That the applicant state board conducted workshop cum training of all the ETP owners and operators in Jodhpur. Pali, Balotara, to train them and ensure that the ETPs are operated in a technically correct manner. The photo copy to the office order dated24.07.2019alongwith some of the photographs of the said trainings are annexed herewith and marked as Annexure-I.A./19 (Coll.).
i) That the applicant state board has issued directions to the Regional Manager, RIICO, for taking action against the industries discharging untreated effluent in the RIIÇO Drain. The photo copy of the directions dated 27.04.2019is annexed herewith and marked as Annexure- I.A./20.
j) That the applicant state board has issued directions to the District Collector, Jodhpur for ensuring that no industry operates from the agriculture fields/ residential areas and further that the agriculture lands are not used for any industrial process leading to discharge of untreated effluents in the river jojari. The photo copy to the directions dated 07.05.2019is annexed herewith and marked as Annexure-MA/21."
13 In view of the above, it is stated that there is no need of parallel institutions to perform the same functions.
14. I.A. No. 660/2019 is for amendment of the prayer in I.A. No. 532/2019 that the role assigned to the STF be performed by the Pollution Control Vigilance Squads and Inter-Departmental Monitoring Committee constituted by the Collector and police support may be given, if required.
15. We have also perused the affidavit filed today by the State PCB on the subject of inspection of 58 units engaged in illegal extraction of ground water stating as follows :-
"
A) List of 14 units out of the total 58 units, which are falling under white category or were engaged in non-industrial activity, has been sent to the District Collector and CGWA vide letters dated 14.03.2020 and 01.07.2020. The photo copy of the letters dated 14.03.2020 and 0l.07.2020 along with list of 14 units is annexed herewith and marked as Annexure-1 (Collectively). B) 14 units out of total 58 units were found non_ operative/dismantled/closed. The photo copy of list of 14 which are non-operative/dismantled/closed is annexed herewith and marked as Annexure-2.
C) Show cause notices have been issued to remaining 30 units which were found non-compliant out of the total 58 units. Out of the total 30 units 19 units have submitted their reply to the show cause notice and after verification of reply further action will be taken accordingly. Remaining 11 units have not submitted reply to the show cause notice; therefore, further action against all such units will be taken in accordance with law. The photo copy of list of 30 units to whom show cause notices have been issued is annexed herewith and marked as Annexure-3."
16. We also refer to other interim/misc. applications which are said to be pending. I.A. 719/2019 has been filed by Nadeem Khan son of Shri Raj Mohammad Sharif, Jodhpur, being for de-sealing of the plot which is given on rent for printing business. I.A. No. 720/2019 has been filed by 14 Abdul Jabbar, Mohammad Ali, Mohammad Farukh and Mohammad Sajid with similar prayer stating that they were not discharging any effluents and the units have been wrongly sealed. M.A. No. 283/2018 has been filed for waiver of cost of Rs. 10 Lacs in terms of order dated 30.01.2018 and M.A. No. 1389/2018 has been filed for impleading Jodhpur Pradushan Nivaran Trust (JPNT) which is operating the CETP, which has been opposed by the said JPNT.
17. We now proceed to deal with the issue on merits as well as all pending applications.
18. From the resume of proceedings noted above and from the averments in IA 532/2019, filed by the State PCB quoted earlier, it is undisputed that the problem is serious and remedial action taken is hardly adequate. Serious damage to the environment has taken place which is continuing in violation of basic right to clean environment. Specious plea of the State that it does not have staff is self-confessed failure of governance and Constitutional responsibility of the State. If after 56 years of enactment of Water Act, prohibiting discharge of effluent or sewage in water bodies, which is criminal offence with minimum prescribed sentence, gross violations are continuing, there is undoubted failure of the State for which lack of staff can be no excuse.
19. It is true that the statutory functions are to be discharged by the statutory authorities but if they fail to do so, the Tribunal can certainly make them accountable and set up a credible monitoring mechanism as held in State of Meghalaya vs All Dima Hasao Students Union, (2019) 8 SCC 177, paras 157-166. However, we do find that the STF earlier constituted may not be the solution. It is the statutory mechanism which must be made accountable and required to perform its duties. The State 15 PCB has not filed any updated status report and perhaps it was assumed that after setting up of STF, the PCB was not to perform its functions. The unsatisfactory state of affairs needs to be urgently remedied by stopping polluting activities, taking coercive measures against the erring entities and taking appropriate restorations steps, including supply of drinking water to the affected victims on account of contamination of groundwater by pollution and remediation of the river stretch.
20. Accordingly, we modify the mechanism earlier set up by way of STF and direct the statutory authorities to perform their functions of ensuring compliance of environmental laws by preventing polluting activities, taking coercive steps against the polluters, including prompt assessment and recovery of compensation, as per law and necessary restoration measures. Meaningful enforcement of law for protection of right to clean environment, which is right to life, is the undoubted Constitutional mandate. Pressing need is to take stock of the ground situation, prepare an action plan and execute the same. This requires coordinated efforts and effective monitoring. For this purpose, we direct constitution of a five-member monitoring Committee to be headed by Justice Prakash Chandra Tatia, former Chief Justice of Jharkhand, (also former Chairperson AFT and Rajasthan Human Right Commission) stationed at Jodhpur, with representatives of CPCB, State PCB and District Magistrates, Jodhpur and Barmer. The Committee will be at liberty to associate any other independent Expert or Institution. The Committee may meet within one month to take stock of the situation, including the compliance of the order of the Tribunal dated 16.11.2018 in terms of the action plan suggested by the earlier Committee. It may prepare a further comprehensive time bound plan to remedy the situation at the earliest, preferably within six months. Any aggrieved 16 party can give suggestions or place their grievances before the Committee through the State PCB or the District Magistrate. The Committee may have public consultation particularly through the concerned Panchayats for the surviving grievances, including the supply of drinking water. The Committee may also identify and assess the damage to the agriculture or otherwise. The Committee may consider whether it is possible to augment the water flow of the Jojri River by getting water from any other source, in the manner suggested by the earlier Committee or otherwise. The State PCB will be the nodal agency for compliance and coordination. The District Magistrates may facilitate the functioning of the Committee by providing logistics and such other facilities as may be necessary. The Chairman will be entitled to such honorarium/ remuneration as may be determined by the Chief Secretary, Rajasthan in consultation with him. This will be payable out of the consent funds of the State PCB. The prosecution initiated may be dealt with as per law. The Committee may give its report to this Tribunal mentioning the steps taken and status as on 31.03.2021 with recommendations for future course of action, before the next date by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. Simultaneously, with the giving of the report to this Tribunal, a copy of the report be furnished to the Chief Secretary, Rajasthan for appropriate action and response, if any.
List for further consideration on 20.04.2021. IAs filed by persons seeking desealing of sealed properties may be dealt with the concerned statutory authorities such as the State PCB, the District Magistrates or any other authority, as per law. All other I.A.s & M.A.s do not call for any further order and will stand disposed of accordingly.
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A copy of this order be forwarded to Justice Prakash Chandra Tatia, former Chief Justice of Jharkand High Court, now at Jodhpur, the CPCB, the State PCB and the District Magistrates, Jodhpur and Barmer by e-mail for compliance.
Adarsh Kumar Goel, CP S.K. Singh, JM Dr. S.S. Garbyal, EM Dr. Nagin Nanda, EM November 23, 2020 Original Application No. 329/2015 (M.A. No. 283/2018, M.A. No. 1389/2018, I.A. No. 532/2019 & I.A. No. 660/2019) I.A. No. 719/2019) I.A. No. 720/2019) SN 18