ORDER

The Issue – water pollution from chemical factories in Waluj Industrial area in District Aurangabad

1. This order will deal with Original Application No. 11/2013 (WZ) and Original Application No. 139/2016 (WZ) as both the matters involve common issue.

2. O.A. No. 11/2013 was registered on transfer of W.P. No. 3439 of 2002 on the file of High Court of Judicature of Bombay, Bench at Aurangabad vide order dated 01.10.2013. The Writ Petition raised the issue of ground water pollution in the vicinity of Waluj Industrial area in District Aurangabad.

3. Case of the applicants is that the area is not notified as Chemical Industrial Zone but number of chemical factories are allowed to operate there. Discharge of untreated chemicals is resulting in contamination of the groundwater, causing health hazard to the local inhabitants. The statutory authorities failed to discharge their obligation of controlling the pollution by taking action against the erring industries. The official and the private respondents put forward their version.

NGT Judgement dated 24.9.2014

4. This Tribunal considered the matter vide judgment dated 24.09.2014 in light of the stand of the parties and the material on record including the status reports filed in pursuance of orders of the Tribunal. Following issues were framed for adjudication:-

“(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?”

5. Under Issue No. 1, it was found that the ground water was polluted. The Tribunal referred to the report submitted by State PCB along with its reply dated 31.07.2014 and also report of the Central Ground Water Board, Nagpur as follows:-

“a) The TDS values in excess of 2000 mg/L in ground water samples collected in and around Ranjangaon(s), Kamlapur, Ramrai and Ramraiwadi villages indicate that the ground water pollution has already been initiated in the area and reached to moderate level.

b) The TDS, Ca, Mg and Cl have been observed more than MPL in and around Ranjangaon (S), Kamlapur and Ramraiwadi indicating the deterioration of ground water due to pollution.

c) The concentration of nitrate content was above MPL in background samples collected from Shajapur and Vitava and also in the core areas of Waluj MIDC around Ranjangaon (S). The higher values of nitrate, indicates ground water pollution due to both improper disposal of sewage and solid waste of the town and industrial effluents/waste.

d) The ground water of shallow aquifer is relatively more polluted than deeper aquifer. Except nitrate, where the concentration of nitrate is found more in deeper aquifer indicating contamination due to anthropogenic activity.

e) As per MPCB, A-II standards, it is observed that in all the samples, all the trace metals are within permissible limits, except Chromium (Cr). The high concentration of Cr (0.118 mg/L) was found at sampling point WLI/CETP-019 i.e., CETP outlet point, however, the same is within permissible limit at the discharge point.

f) This indicates that the surface water is also being contaminated due to industrial pollution in and around Ranjangaon(S) village area, Ramralwadi, Pardeshwadi (Jogeshwari) irrigation tank and Discharge Point. It also indicates