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BENCH, PUNE (MA 145 of 2014) in APPLICATION No. 11(THC)

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BENCH, PUNE (MA 145 of 2014) in APPLICATION No. 11(THC) BEFORE THE NATIONAL GREEN TRIBUNAL (WESTERN ZONE) BENCH, PUNE (M.A. 145 of 2014) in APPLICATION No. 11(THC)/2013 AND APPLICATION No. 11(THC)/2013 CORAM: Hon’ble Mr. Justice V.R. Kingaonkar (Judicial Member) Hon’ble Dr. Ajay A. Deshpande (Expert Member) B E T W E E N: Raghunath s/o. Rakhamaji Lohakare, Age 46 Yrs., Occn : Business, R/o. Ranjangaon Shenpunji, Tq. Gangapur, Distt : Aurangabad ….Applicant A N D 1. Maharashtra Prevention of Water Pollution Board, Having its office at ‘Kalpataru Point’, 3rd and 4th floor, Sian Matunga Scheme Road No.8, Opposite Cine Planet Cinema, Near Sian Circle, Sian (East) 2. Maharashtra Pollution Control Board Through Sub Regional Officer, A-4/1, MIDC Area, Chikalthana, Behind Lokpatra office Jalna Road, Aurangabad, 3. State of Maharashtra, Through : Chief Secretary, Mantralaya, Mumbai. 4. Environmental Department, Govt. of Maharashtra, Through : Secretary, Mantralaya, Mumbai. (J) Application No.11(THC)/2013 1 5. Airian Arga-Chemicals, G/1, M.I.D.C. Waluj, Aurangabad. 6. Maharashtra Pesticides Pvt. Ltd., G/a, M.I.D.C., Waluj, Aurangabad. 7. Seedson Pvt. Ltd., H-29, M.I.D.C. Waluj, Aurangabad. 8. Narsimha Chemicals, H-42, M.I.D.C. Waluj, Aurangabad. 9. Lilasons Brewaries, H-5/6, M.I.D.C. Waluj, Aurangabad. 10. Aurangabad Brewarage Ltd., H-3, M.I.D.C. Waluj, Aurangabad. 11. Unitech Pharma Pvt. Ltd., H-4, M.I.D.C. Waluj, Aurangabad. 12. Koliracks Chemicals Pvt.Ltd., K-26, M.I.D.C. Waluj, Aurangabad. 13. Orchid Chemicals & Pharmaceuticals Ltd, L-9, M.I.D.C. Waluj, Aurangabad. 14. J.K. Chemicals, M.I.D.C. Area Waluj, Aurangabad. 15. Aurangabad Carbons, M.I.D.C. Area Waluj, Aurangabad. 16. Pals Brewaries Ltd., M.I.D.C. Area Waluj, Aurangabad. 17. Fosters Brewaries, (J) Application No.11(THC)/2013 2 M.I.D.C. Area Waluj, Aurangabad. 18. Inersia Brewaries, M.I.D.C. Area, Waluj, Aurangabad. 19. Paschim Chemicals, M.I.D.C. Area, Waluj, Aurangabad. 20. Akar Tools Limited, M.I.D.C. Area, Waluj, Aurangabad. 21. AMRI India Pvt. Ltd., G1/1, ½ M.I.D.C. Waluj, Aurangabad. …Respondents Counsel for Applicant : Absent - Nemo Counsel for Respondent Nos.2,3 & 4 : Mr. D.M. Gupte, Adv., Counsel for Respondent Nos.6, 9 to 11, 14, 16 to 20 : Mr. Varun Joshi Adv. Counsel for Respondent Nos.13: Mr. S.V. Natu, Adv. Counsel for Respondent Nos.21: (Intervener) Dr. Nikhil Sakhardande w/ Mr. Tanmey Rajadhyaksha DATE : 24th September, 2014 J U D G M E N T 1. Shri Raghunath Rakhmaji Lohakare, Original Applicant, filed Writ Petition No.3439 of 2002 in the Hon’ble High Court of Judicature of Bombay, Bench at Aurangabad which was subsequently transferred to this Tribunal vide (J) Application No.11(THC)/2013 3 Order of Hon’ble Division Bench dated 1st October 2013. The Applicant claims to be resident of Ranjangaon Shenpunji which is located near Maharashtra Industrial Development Corporation (MIDC), Industrial Area, Waluj, Aurangabad. The Applicant has filed this Application raising issues of ground water pollution in the vicinity of Waluj Industrial area and also seeking stringent enforcement of environmental Regulations to Control the water pollution. 2. The Applicant has arrayed Maharashtra Pollution Control Board (MPCB) which is responsible for implementation of Water (Prevention and Control of Pollution) Act 1974 (called ‘Water Act’) as Respondent Nos.1 and 2. The State of Maharashtra is Respondent No.3 while Environment Department, Government of Maharashtra is Respondent No.4. All other Respondents are individual Industrial Units, located in the said industrial area. The Respondent Nos.3 and 4 have not filed any Affidavit in the proceedings in this Tribunal or even in the High Court, however, as their role in the enforcement of Water Act is limited; their submission of Affidavit is not necessary in adjudication of the matter. 3. The Applicant claims that the villagers of village Ranjangaon Shenpunji are dependent on drinking water drawn from the public well constructed near the boundary wall of the Ranjangaon Shenpunji percolation tank. The (J) Application No.11(THC)/2013 4 Applicant submits that though the Maharashtra Industrial Development Corporation (MIDC) Waluj industrial area is not notified as Chemical Industrial Zone, the authorities have allowed several chemical factories including the listed Respondents in 1989 to operate such chemical industries within the area. The Applicant further submits that since commissioning of these chemical factories and unabated discharge of polluted effluents mainly from six (6) industries, the source of drinking water of the village is contaminated and the villagers are getting polluted water for drinking purpose. Applicant further claims that such supply of polluted water is causing health hazards to the local residents. According to the Applicant, the Respondent- Industries are not treating their industrial effluents adequately and discharge in open area which meets the Ranjangaon percolation tank and Jogeshwari Tank thereby polluting these water sources. Further, the well water in the surrounding are also polluted and showing yellowish colour and typical smell. 4. The Applicants have therefore prayed for : I) The Respondent Nos.1 to 4 be directed by Writ of Mandamus to impose conditions on the Respondent Nos.6 to 20 to treat the effluent and to discharge the same in the streams only after necessary treatment. II) Direction may also be issued by Writ of Mandamus against the Respondent Nos. 1 to 4 to be vigilant in inspecting the discharge of the (J) Application No.11(THC)/2013 5 effluent by the Respondent Nos.6 to 20 and to prevent the water pollution by control on the effluent discharged by the Respondent Nos.6 to 20. 5. Respondents-Industries have filed their Affidavits before the Hon’ble High Court. All such submissions may be summarized as under : These industries have been commissioned after obtaining necessary environmental permissions from the competent authorities and also, have valid consent to operate from MPCB. The industries have installed necessary Pollution Control Systems. They are operating Pollution Control System efficiently and their Pollution Control System are regularly verified and monitored by the Respondent No.1. Some Industries further claim that they have been established recently and/or they have taken over from other industries which were in operation in the past. 6. Respondent No.1 and 2 filed the first Affidavit on 7- 12-2013 and submitted that a Common Effluent Treatment Plan (CETP) of 10 M.L.D. capacity is established at the Maharashtra Industrial Development Corporation (MIDC), Waluj area which is made operational from July 2011. MPCB further submits that the Respondent No.5, 9 to 11, and 13 to 20 are Member units of said (CETP) and are connected to CETP and they are regularly sending their effluent after initial treatment to CETP for further treatment and disposal. MPCB has also observed that most of the well (J) Application No.11(THC)/2013 6 water parameters are meeting with the “Irrigation Standards” and the same well water is useful for irrigation purpose. Maharashtra Pollution Control Board (MPCB) has further submitted that the Respondents-Industry No.5, 9, 11, 13, 16, 17, 19 and 20 have provided adequate pollution control devices and they are sending their treated effluents regularly to CETP Waluj. MPCB has further mentioned that, at present, said industries are not discharging their effluent outside the factory premises. 7. MPCB further submits that the Maharashtra Industrial Development Corporation (MIDC) is supplying the drinking water to the villages located near the industrial area, including the Ranjangaon - Shenpunji village. MPCB further submits that due to operation of CETP in MIDC Waluj from the year 2011, there is no discharge of effluent from Respondents-Industries in the water resources of Jogeshwari minor tank, Ranjangaon percolation tank, wells and borewells of Ranjangaon Shenpunji and even in the wells, in the agricultural fields of Ranjangaon Shenpunji, except discharges reported by MPCB. 8. After going through the Affidavit filed by Regional Officer of MPCB, Member Secretary of MPCB was directed on 2-1-2014 to take a review and arrange to file detailed affidavit along with all the information of monitoring the Ground Water Quality, report of treated industrial effluents, (J) Application No.11(THC)/2013 7 the details of industries and the owners thereof, which used to and are presently discharging the effluents directly or indirectly leading to percolation tank and the wells, in order to locate identity of polluting industries. This order was specifically issued as it could be seen from Annexure-I of the affidavit that the well water at Ranjangaon has higher concentration of pollution. Still, however, the Affidavit of MPCB could not locate the source of pollution and also, present status of water quality of the wells. 9. Considering the pleadings and the nature of dispute, we deem it proper to frame following issues for adjudication of the present Application : (1) Whether contamination of ground water in and around village Ranjangaon-Shenpunji can be attributed to the mis-managed and inadequately treated Industrial discharges of any plant from the Industries at Waluj, MIDC area ? If yes, then whether resultantly ground water and also the water in percolation tank have been polluted ? (2) Whether the remedial measures for restoring the ground water quality are necessary to arrest the ground water pollution, if any caused by industrial discharges? If yes, what measures shall be adopted ? (3) Whether the Respondents and Industries in Waluj MIDC area are liable to pay any damages for loss caused to the environment and restitution/restoration of groundwater quality ? If yes, to what extent and to whom ? (4) Whether there is need to issue specific orders to the authorities for regulating the industrial discharges and/or the CETP and operations ? (J) Application No.11(THC)/2013 8 10.
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