ORDER

1. Grievance in this application is against illegal extraction of ground water by Sri Biswajit Das, Son of Santosh Das, District Purba Mednipur, West Bengal, owner of ‘Deep Aqua Industries Mineral Water Plant’. According to the applicant, the said respondent has set up a mineral water plant adjoining the applicant’s residential house under the name and style of ‘Deep Aqua Industries Mineral Water Plant’. In the said plant, bottling of water is done by use of machinery, resulting in unhygienic conditions. The project proponent (PP) has constructed water reservoir and high power transformer. The statutory authorities were approached but they have failed to take any action.

2. The application was filed on 15.05.2017 and came up for hearing on 07.07.2017. The Tribunal issued notice to the respondents- the PP, State PCB, District Magistrate, East Mednipur and Water Resources Department of West Bengal and also directed the State PCB to ascertain factual position and file a report, who have filed their respective replies.

3. The stand of the State PCB is that inspection was carried out on 28.07.2017. Observations and remarks during inspection are as follows:-

Observations:

“

I. The unit is located in a mixed area, II. The unit intends to produce package drinking water using bore well pump, RO Machine, filling machine etc., III. The unit will also produce pet bottles with help of boiling machine and compressor machine, IV. The unit is yet to start its manufacturing activity Remarks:

I. The unit should take CFO of WBPCB from DIC before starting its activity.

II. The unit should take adequate measure to minimize the probable noise impact at the complainant’s residence which is about 4 ft. only III. The unit should plant tree between the unit & complainant residence.

IV. There should be suitable time restriction for operation of the unit.”

4. The stand of the PP is that it has taken permission for sinking a new well from Water Resources Department on 25.05.2016. It has permission to install transformer from the Electricity Department and it has applied to the State PCB for consent.

5. The State PCB in its affidavit filed on 07.10.2020, in response to order of this Tribunal dated 20.01.2020 submitted that closure of the unit and disconnection of electricity were recommended as the unit was operating without consent to operate. Subsequently, closure was suspended and compensation of Rs. 5,000/- was assessed against the unit for violation.

6. The stand of the Water Resources Investigation and Development Department in its affidavit filed on 25.08.2021 in response to order of this Tribunal dated 23.06.2021 is that the unit was found non-compliant with the conditions subject to which drawal of ground water was permitted. Following are the non-compliances of conditions by R-5 are stated as follows:-

“a) Water Meter is installed but not in proper place. Water Meter should be installed at the outlet of the Tube Well discharge, (b) Logbook maintained from 02.06.2021. No Logbook before

02.06.2021 has been shown, (c) No proper RWH Structure has been constructed, and (d) No Ground Water quality test report has been submitted. For non-compliance of the conditionalities by the Respondent No.5, the Geologist & Member Secretary, DLA, Purba Medinipore issued a notice of penalty to Deep Aqua Industries as per provision of Section 16(1) of the West Bengal Ground Water Resources (Management, Control and Regulation Act, 2005) vide Memo No. 84 dt. 08.07.2021.”

7. Further inspection was done on 12.08.2021 as follows:-

“(a) Water Meter is installed at the outlet of the Tube Well discharge, (b) Running hour could not be measured as the Tube Well is not operational as per NGT Order dt. 05.08.2021, (c) RWH as specified by DLA has been constructed, (d) Ground water quality test report has been submitted.”

8. The stand of the State PCB in its affidavit dated 04.10.2021 requiring the State PCB to explain the basis of compensation of Rs. 5,000/-and the violation in not produci