• Abstract and Figures
• Public Full-text

BEFORE THE NATIONAL GREEN TRIBUNAL (WESTERN ZONE) BENCH, PUNE APPLICATION No. 42/2014(WZ) 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: Shri Sant Dasganu Maharaj Shetkari Sangh Akolner, Taluka : Nagar, Distt : Ahmednagar. Through : Member Mr. Jalandar Nana Jadhav, Aged 63 years, Occn : Agriculture, R/o. Akolner, Taluka : Nagar, Distt : Ahmednagar. ….Applicant A N D 1. The Indian Oil Corporation Ltd., Having their Storage tank at Akolner, Tq. Nagar, District : Ahmednagar, Through : Its Depot Manager/Depot in charge. At Akolner, Tq. Nagar, Distt : Ahmednagar. 2. The Bharat Petroleum Corporation Ltd., Having their Storage tank at Akolner, Tq. Nagar, District : Ahmednagar, Through : Its Depot Manager/Depot in charge. At Akolner, Tq. Nagar, Distt : Ahmednagar. (J) Application No.42/2014 (WZ) 1 3. The State of Maharashtra, Through : Chief Secretary, Ministry of Revenue and Forest, Mantralaya, Mumbai 400 032. 4. Maharashtra Pollution Control Board, Having its Sub Regional office at Akolner, Savitribai Phule Commercial Complex, Near T.V. Centre, Savedi, Ahmednagar 414 001. 5. The Director, Directorate of Ground Water Surveys And Development Agency, (GSDA), Ahmednagar, Kothi Road, Behind Collectorate office, Ahmednagar 414 001. 6. The Collector, The Collectorate Office, Ahmednagar 414 001l. 7. The Police Sub-Inspector, Nagar Taluka Police Station, Near Collectorate Office, Ahmednagar 414 001. …Respondents Counsel for Applicant : Mr. Asim Sarode, Mr. Pratap Vitankar, Counsel for Respondent No.1 : Mr. Saurabh Kulkarni, Counsel for Respondent No.2 : Mr. Sanjeev Pashankar, (J) Application No.42/2014 (WZ) 2 Counsel for Respondent No.4 : Mr. D.M. Gupte, w/. Mrs. Supriya Dangare Counsel for Respondent No.5 : Mr. R. Patil, holding for Mr. Mulchandani, A.S.G. DATE : 10th November, 2014 J U D G M E N T 1. The Applicant, represents of group of 24 families residing and based at Akolner village, Taluka and District Ahmednagar. The present Application is filed by the Applicant alleging Groundwater Pollution caused by leakages of petroleum storage tanks and pipe lines installed by the Respondents. 2. Respondent No.1 is M/s. Indian Oil Company Ltd., while Respondent No.2 is the Bharat Petroleum Corporation Ltd. Both these Respondents are Government of India Companies. Respondent No.3 is Environment Department, Government of Maharashtra, Respondent No.4 is Maharashtra Pollution Control Board (MPCB), the Directorate of Groundwater Survey and Development Agency (GSDA) is Respondent No.5. Collector, Ahmednagar is Respondent No.6 and the Police Sub Inspector, Ahmednagar is Respondent No.7. Respondent Nos.3, 6 and 7 have not filed separate reply Affidavits. As the role of Respondent Nos.3 and 7 in the present Application is limited one, their affidavits are not (J) Application No.42/2014 (WZ) 3 necessary, though the role of Collector, Respondent No.6 is important and dealt with in the Judgment in due course. 3. The Applicant states that Respondent Nos. 1 and 2 have installed the petroleum storage tanks at village Akolner, Taluka and District Ahmednagar for storage of petroleum products. Respondent Nos.1 and 2 have installed total 14 storage tanks which are situated at not more than 100 ft. of distance from the residential locality of the Applicant. The Applicant submits that since the year 2008, the Applicant began to get repugnant smell of petrol, diesel and kerosene. In the year 2009, one of the Member namely Bapu Tabaji Gaikwad found that his well is contaminated with petrol, diesel and oil mixed in it, due to seepage from the storage tank facilities of Respondent Nos. 1 and 2. The situation got more aggravated in 2012 when the water in his well was mixed with about 50 per cent of petroleum products and hence, the Applicant submits that they were not able to use this well for drinking as well as agricultural purpose and on inquiry, they came to know that most of the wells in surrounding area are also contaminated with petroleum seepages. 4. The Applicant submits that subsequently, its members made complaints to the Respondents and also to the Government authorities for immediate action. However, no effective and corrective measures have been enforced by the Government (Respondents) nor any corrective steps were taken (J) Application No.42/2014 (WZ) 4 by the Respondent Nos.1 and 2. The Applicant further submits that the local Talathi made panchnama on 27-3-2012 confirming the Groundwater contamination by seepage of petroleum products and subsequently, the Sub Division Magistrate, Ahmednagar issued orders under Section 133 of Code of Criminal Procedure to Respondent Nos. 1 and 2 to stop leakage of petroleum products within three (3) days. The Applicant further submits that the MPCB also conducted investigation and submitted a detailed report to the Collector vide letter dated 4th April 2012 which also confirms the Groundwater contamination as the oil and grease contents in the well water is about 50 per cent which is abnormally high. The Applicant further submits that GSDA-Respondent No.5 also conducted investigations and submitted a report on 29-3- 2012 to the Collector, confirming the Groundwater Pollution due to discharge and mixing of petroleum products and even raising an alarm that if such seepage from Respondent No.1 and 2 is continued, the entire ground water source of that area will be contaminated. Respondent No.5 even recommended that it is necessary to take help of expert agencies like Maharashtra Engineering Research Institute, Nasik for control of pollution. 5. The Applicant, therefore, alleges that the Groundwater Pollution in Akolner is caused by the seepages from the petroleum storage tanks of Respondent Nos.1 and 2 and the (J) Application No.42/2014 (WZ) 5 same is being continued even today. The Applicant, therefore, submits that this Groundwater Pollution has affected their livelihood due to paucity of water for drinking and agricultural activities, loss of agricultural yield, depletion of live-stock and also adverse health effects. The Applicant has therefore, prayed for following main reliefs: A. Directions may kindly be given to the Respondent Nos.1 and 2 to build overhead water tank of drinking water having sufficient capacity for the villagers of Akolner (considering the norm of 70 litres water per head per day) and provide pipelines to carry the water to their homes and farms. B. Directions may kindly be given to the Respondent Nos. 1 and 2 to build water tanks at ground level for drinking water to domestic animals of the farmers in the village Akolner. C. Directions may be given to the Respondent No.7- The S.P. Ahmednagar to submit action taken report by the police at Akolner village regarding law and order situation arisen after dispute on ground water contamination. D. Directions may be given to the Respondent No.6- The District Collector, Ahmednagar with the help of Respondent Nos.3, 4 and 5 to find out the seepage/leakage from the storage tank or underground water pipeline of Respondent Nos. 1 and 2. E. The Respondents may kindly be asked to submit plan of action and steps that could be taken to stop (J) Application No.42/2014 (WZ) 6 this seepage/leakage and mixing of petrol, diesel and/or oil in their wells and bore-wells at village Akolner. F. To direct the Respondents to frame Rules regarding regulation, monitoring and construction of pipelines to carry crude oils, natural gas, liquefied natural gas, liquefied petroleum gas (LPG) and petroleum products and publish the recommended practices covering pipeline operations. G. The Respondent No.5 may kindly be directed to collect, analyze interpret and disseminate data on ground water levels, quality and also to submit periodic assessment of ground water resources on scientific lines related to the Akolner area. H. The Respondent No.4 may kindly be directed to submit their action taken report on the Akolner villagers’ issues and give reasons as to why they failed in taking legal actions against the Respondent Nos.1 and 2. I. Directions may be given asking the Respondent Nos. 1 and 2 to pay compensation at the tune of Rs.5,00,000/- per family to the villagers of Akolner for the constant and life-threatening health hazards being committed by the Respondent Nos.1 and 2 and for their loss in yield as well as loss of domestic animals. 6. Respondent Nos. 1 and 2 have filed separate reply Affidavits and claimed compliance of all statutory regulations related with the installation and operation of petroleum storage (J) Application No.42/2014 (WZ) 7 tanks. Respondent Nos.1 and 2 also categorically refute the charge of any leakage, seepage or any other mode by which the petroleum products are released into environment from their petroleum storage and handling facilities, causing Groundwater Pollution. Respondent No.1 filed Affidavits through Shri Maheshkumar S. Mehta, on 11th July 2014 and 25th August 2014. Respondent No.1 submits that their petroleum storage depot at Akolner village was commissioned in July 1997 and consists of nine (9) product storage tanks having total capacity of 20,000 killo litres. The Depot is spread over an area of approximately 56 acres and is adequately secured. It is the contention of the Respondent No.1 that the Depot is located on a steep gradient and the well, mentioned by the Applicant is located on the higher elevation and therefore, even if there is any oil spillage, it cannot roll back in reverse direction as alleged by the Applicant. Respondent No.1 further submits that the entire unloading area of Railway siding has concrete flooring and is washable, to Rule out any possibility of percolation of oil in the ground.

Load more

  29

Copy Link