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Churni River Pollution NGT Judgement.Pdf 1 BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA ............ ORIGINAL APPLICATION No. 15/2014/EZ IN THE MATTER OF TRIBUNAL ON ITS OWN MOTION Madan Lal, Advocate (since deceased) Son of Late Ramcharan Prasad Arya, Before demise residing at 23, Subhas Avenue , PO & PS- Ranaghat, District Nadia .… Original Applicant V e r s u s 1. Union of India service through the Secretary, Ministry of External Affairs, South Block, New Delhi-110 001 2. The Secretary, Ministry of Environment, Forest & Climate Change.Govt. of India,CGO Complex Lodhi Road,New Delhi-110 003 3. The Central Pollution Control Board, service through its Director, Parivesh Bhawan, CBD-cum-office Complex, East Arjun Nagar,Delhi-110 032 4. The Superintendent/In-Charge, The Central Pollution Control Board,Eastern Zonal Office, 1582, Rajdanga Main Road, Kolkata-700 017 5. Pollution Control Board, West Bengal Service through Chairman, Office at Paribesh Bhavan, 10A, Block-LA, Sector-III, Bidhannagar, Kolkata- 700098. 2 6. The District Magistrate, Nadia, PO Krishnanagar, Dist. Nadia 7. The Chairman, Ranaghat Municipality, PO & PS Ranaghat, Dist. Nadia, Pin 741 201 8. The Chief Secretary The Govt. of West Bengal, Nabanna, West Bengal, New Secretariat Building, Howrah- 711102. 9. The Principal Secretary, Department of Environment, Govt. of West Bengal, Poura Bhawan, Salt Lake City, Kolkata-700 106 10. The Principal Secretary, Department of Municipal Affairs, Govt. of West Bengal, Writers Buildings, Kolkata-700 001 11. The Principal Secretary, Department of Panchayat & Rural Development, Govt. of West Bengal, Joint administrative Building, Block-HC-7 Sector-III, Bidhannagar, Kolkata-700106 12. Ranaghat Municipality through the Board of Councillors, PO & PS, Ranaghat Dist. Nadia Pin 741 201 .....Respondents COUNSEL FOR RESPONDENTS: Mr. Kushagra Shah, Advocate & Mr. Anuraag Mehta, Advocate, Respondent No. 1 Mr. Gorachand Roy Chowdhury, Advocate, Respondent No.2 3 Mr. Surendra Kumar, Advocate, Respondents 3 & 4 Ms. Arpita Chowdhury, Advocate, Respondent No. 5 Mr. Achintya Kr. Banerjee, Advocate & Sk. Faidullah, Advocate, Respondent No. 7 & 12 Mr. Bikas Kargupta, Advocate, Respondents No. 6 & 8 to 11 Amicus Curie : Mr. Arunangshu Chakraborty, Advocate JUDGMENT PRESENT: Hon’ble Mr. Justice S.P.Wangdi,Judicial Member Hon’ble Prof. (Dr.) P. C. Mishra, Expert Member Reserved On: 07. 09.2016 Pronounced On: 21.09.2016 1. Whether the Judgment is allowed to be published on the net? Yes 2. Whether the Judgment is allowed to be published in the NGT Reporter ? Yes Per Hon’ble Prof.(Dr.) P.C.Mishra, E.M: River Mathabangha of Bangladesh bifurcates at east of Krishnanagar, West Bengal, with two resulting streams known as Churni and Ichhamati. The Churni river passes in a direction slightly west of south in Nadia District of West Bengal, 4 past Hanskhali and Ranaghat over a stretch of 56 Kms and falls into the river Hooghly (Ganga) between Shantipur and Chakdaha. 2. The instant application was filed by Mr. Madanlal, an advocate and resident of Ranaghat Municipality alleging severe pollution of the river Churni resulting a huge fish-kill and making it unworthy even for bathing and irrigation. It was his contention that Churni river passes through part of densely populated areas of Nadia District affecting the lives of nearly six lakhs inhabitants and nearly five thousands fishermen, who are dependent upon the fish catch, have lost their livelihood. The applicant would further submit that a factory named “Karo and Company” located at Darshana in Bangladesh manufacturing sugar, wine, chemicals etc. releases its stored waste water from Lagoon into the river Mathabangha which ultimately finds its way into the river Churni thereby polluting the water significantly. He would further state that the waste water from the lagoon of “Karo and Company” are discharged 4-5 times a year but its impact in Churni river lasts for 10 to 15 days each time and on 16.3.2008, the water of Churni river virtually turned black beyond the points of its recognition due to release of effluents from the industry. 5 3. The applicant would further submit that he brought the pollution problems of river Churni and its impact to the notice of the Ministry of Environment and Forest, Govt. of India, the Respondent No. 2, on 29.5.2008 annexing eleven photographs taken on 16.3.2008. In their reply to the representation of the applicant, the Respondent No. 2 admitted the fact that Churni river in Nadia District of West Bengal was polluted by Sugar Industry and Distillery located in Bangladesh by intermittent discharge of their effluents from lagoons causing large scale fish-kill in the river. They further informed that the river is highly polluted having Bio-chemical Oxygen Demand as high as 12 mg/L (against a normal of 4-5 mg/L) indicating high pollution due to organic matter. The Respondent No. 2 expressed their inability to resolve the issue as the matter did not fall under the purview of the Ministry and advised the applicant to take up the matter with Government of Bangladesh through the Ministry of External Affairs, Govt. of India. 3. Although there was no more episodal discharge for subsequent two years, admittedly due to closure of the industry in Bangladesh, as submitted by the applicant, there was recurrence in 2010 and the applicant sent a representation to the Respondent No. 1, the Ministry of 6 External Affairs on 15.7.2010 with a request to take up the issue with Govt. of Bangladesh. The applicant also received a response from Respondent No. 4, the Central Pollution Control Board through “Right to Information” and the response was similar to the reply of MoEF. The letter of CPCB dt. September 09, 2010 reads as such :- “EZO/F-831/RTI/2010/683 September 09, 2010 To Shri Madan Lal, C/o Shri Sukumar Sen, 23, Subhas Avenue, PO & PS- Ranaghat, Dist. Nadia, PIN 741 201. Sub : Seeking information under the Right to Information Act, 2005- reg. Sir, WHEREAS the Central Pollution Control Board, an autonomous organisation under Ministry of Environment & Forests, Government of India, is governed by the provisions of the RTI Act, 2005. WHEREAS the undersigned being the in-charge of Central Pollution Control Board, Eastern Zonal Office, Kolkata has been designated as Central Public Information Officer (CPIO) to provide information as per Notification issued by Ministry of Environment & Forest vide S.O. 2210(E) under Section 5(1), Section 19(1) of RTI Act, 2005. WHEREAS this office is in receipt of your request seeking information vide letter dated 31.08.2010. The undersigned refers to your request and inform you that point-wise answers to the desired 7 information, is given as below : Sl. Desired Information Information Provided No. i) How often does the Central Monitoring is done three Pollution Control Board, Eastern times in a year- Sumer, Zonal Office, collect the water Post-Monsoon and Winter of Churni river for carrying out water quality survey particularly during the time of release of effluents from Bangladesh ii) What types of pollution have Mostly organic pollution been detected on survey with ore BOD and less DO in summer. In summer, BOD is around 15 mg/L with dissolved Oxygen (D.O) 0.9 mg/L In Post Monsoon, BOD is 5 mg/L with D.O. 4 mg/L In winter, BOD is around 7 mg/L with DO of around 4.0 mg/L iii) In what way the polluted water As per water quality of Churni River affect the criteria of Central human lives and animals as also Pollution Control Board environment; and ‘for organized bathing’ the dissolved Oxygen should be more than 5 mg/L with BOD less than 3 mg/L. Whereas for ‘propagation of wild life and fisheries’ Dissolved Oxygen requirement is more than 4 mg/L iv) Any other information relevant Due to sugar factory (Kero in the backgrounds of the facts Sugar Mill, Darshana, stated as above Bangladesh) effluent discharge, the quality of Churni river is affected. 5. The plight of the people continued when such episodal pollution again occurred on 13.1.2011, 30.1.2011 and there was no action on the part of the Govt. respondents except the CPCB visiting Ranaghat Municipal Area and Kissengunge (near the border) and collecting water samples from the river. It was the submission of the applicant that earlier the discharge was 4-5 times a year but subsequently it became 8 a perennial problem. Being aggrieved and dissatisfied with the inaction and negligence of the Govt. respondents, the applicant filed a writ petition No. 2795(w) of 2011 before the Hon’ble High court of Calcutta with the following prayers : a) To issue a writ in the nature of mandamus directing the respondent No. 1 to take such measures as would check/stop effluent of industries in Bangladesh from coming down to the CHURNI river; b) To issue a writ in the nature of mandamus directing the respondent No. 1 to initiate discussion/dialogue and/or lodge protest with the Government of Bangladesh and upon failure of the Government of Bangladesh to check effluent of its industries from coming down to the CHURNI river, direct the respondent No. 1 to raise the issue of pollution of the CHURNI river in the International forum; c) To issue a writ in the nature of mandamus directing the respondents to verify and transmit the relevant documents/records pertaining to this case so that on perusal thereof conscionable justice may be done; d) Rule NISI in terms of prayers (a), (b) and (c) as above; e) The said rule may be absolute upon hearing the parties; f) Any other or further writ or writs/order or orders/direction or directions as deem fit and proper.
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