Document Fragment View

Matching Fragments

2. Initially, OA was filed impleading only nine official respondents but later on, respondents 9 to 13 were impleaded pursuant to Tribunal's order dated 20.11.2017 passed in M.A No. 346/2017.

3. Brief facts stated in OA are that RO and UV treated purified chilled/cool canned water is not at all safe for drinking and human consumption. However, such water is being sold by small manufacturing units in cans and coolers. Such units have been set up in dingy rooms or basement, small rooms of shops or houses, etc. The business is being carried out by selling RO and UV treated water as drinking water in chilled cans and jars. The containers are unpackaged and unsealed, units are unhygienic, unmonitored and water is not tested regularly. Such units are operational without having any consent to operate from Maharashtra State Pollution Control Board (hereinafter referred to as 'MSPCB'). These units have no license or follow "Bureau of Indian Standards or Food Safety and Standards Authority of India" (hereinafter referred to as 'FSSAI') norms which are mandatory for selling packaged drinking water. Such units are functional throughout State of Maharashtra and constitute a threat to public health. The issue has been raised time and again but due to official apathy or for certain other reasons, they are put under carpet and running of such units is a glaring example of environmental corruption. Very occasionally such issues are brought in light by some fearless and courageous journalists but they have not been able to get success to cut at the root of the problem. Ms. Manka Behl, a reporter from Times of India from Nagpur, published an article that workers of some RO plants used to unload dirty used cans from a mini truck and started washing them with water without using any disinfectants; caps of containers were soaked together in a bucket; dry containers were piled up and apparently looked old and not cleaned enough so as to be used for containing potable/drinking water; and many of such units are not having water harvesting system to collect rejected water.

5. Ms. Behl, also reported that interiors of Manish Nagar (Nagpur city), there was a unit operating hardly a few meters away from a nallah unlike other units, it was also completely dependent on ground water as a source; such units which are close to sewage or drainage line contaminate ground water; sometimes RO units are not used continuously to save expenses and as a result of the same, contaminated water is supplied to the consumers; unpackaged water can be dangerous and play foul with public health; people are generally not aware that running such units at unhygienic places where the ambience is also unsanitary, falls under the purview of MSPCB; water which is processed and packed for safe human consumption must satisfy definition of "Food" and attracts Section 2(a) and (d) of Environment (Protection) Act, 1986 (hereinafter referred to as 'EP Act 1986') which read as under:-

9. Nagpur Municipal Corporation (hereinafter referred to as 'NMC') unfortunately is working only unmindfully and blindly issuing "No Objection Certificates" (hereinafter referred to as 'NOC') for setting up of such units without verifying anything and examination of project scientifically.

10. In news reports, it was published that an Official of CGWB stated that all such units are withdrawing huge quantity of ground water illegally and without taking permission from Central Ground Water Authority (hereinafter referred to as 'CGWA'). The activities of such units not only lead to depletion of ground water but also causing contamination, if released waste water has pollutants. Experts have warned that consumption of such chilled water which is not treated properly poses serious threat to health, yet unpackaged drinking water has found a good market, particularly, due to huge illiteracy in rural India. Medical experts have warned that consumption of untreated or contaminated water can cause water borne diseases like Typhoid, Diarrhoea, Hepatitis, Cholera, etc.

21. It is said that as per Notification dated 15.11.2016, "packaged drinking water" means water other than natural mineral water that is likely to be used for human consumption and offered or sold in package form in whatever name, it may be called offered or sold. "Chilled water cool jar water and unpackaged water" does not come within the definition of "food and packaged drinking water".

TRIUNAL'S ORDERS DATED 03.10.2017 & 20.11.2017

22. Respondents 3, 5, 6 and 7 remained unrepresented, hence on 03.10.2017, Tribunal directed to proceed against them ex-parte.