ORDER

1. This application filed by the respondent project proponent (PP) seeks review of order of this Tribunal dated 29.08.2022 in OA No. 124/2017(WZ), Arvind Mahajan & Ors. vs. M/s. Benzo Chem. Industries Pvt. Ltd. & Ors., requiring the PP to take remedial action for compliance of environmental norms and asking the statutory regulators to fix accountability for past violations, while fixing interim compensation on polluter pays principle.

2. The review application earlier came up for hearing before Members at Pune Bench but vide order dated 30.9.2022, the said Bench directed that the review application should be considered by all the Members who passed the order dated 29.8.2022. Accordingly, the matter is being dealt with by all the Members who were party to order dated 29.8.2022.

3. As the order would show, the Tribunal considered remedial action against damage to the environment by the operation of the PP in the light of material on record, particularly the stand of the State PCB. It was held that effluents were illegally discharged by the PP in the MIDC drain which adversely affected the environment and the fertility of agricultural land in the area. On testing of the water samples, parameters were found beyond norms. Cyanide was also found therein. The State PCB had issued directions to the unit to pay compensation for damage to the crops. The PP disputed the allegations and claimed that it was compliant and had taken steps for restoration of the environment. This stand of PP was disputed by the applicant.

4. In the light of above rival stands, the Tribunal considered the question of compliance and accountability for the violations. It was held:

“xxx ....................................xxx.......................................xxx

12. Question for consideration is whether the unit was and is compliant and if not its accountability for past or continuing non compliances.

13. It is patent that from 2010 till atleast 2.10.2020, the unit remained non-compliant. We have already referred to first violation seen in the year 2010 and subsequent reports of 2017, February 2018 and NEERI report of June 2019 show that the violations continued. Even in August 2020, the State PCB recorded violations and the PP filed undertaking on 2.10.2020 to take further remedial action. Thus, there could be no question of matter being beyond limitation. Relief can be confined to five years before filing of the application. Though status after 2020 is not on record, the PP has to take remedial action as well as be held accountable for past violations of ten years. There are rival oral versions about current status –

version of the applicants that violations are still continuing and version of the PP that violations have now been remedied 14. Analysis reports of groundwater indicate deterioration in water quality on account of cationic and anionic imbalances. However, trace/micro pollutants could not be detected through GC/MS. Contamination of groundwater may be attributable to discharge of concentrated effluents from solar evaporation ponds. As per CTO granted by MPCB on 26.04.2016, the industry was to be operated on ZLD mode and thus has not been complied.

15. In view of above, a joint Committee of CPCB and State PCB may visit the site and ascertain compliance status in terms of ground water contamination, status of soil contamination, impact on crops/production and other associated aspects of environmental damage. MPCB may consider compliance of stipulation under CTO after 2010 with reference to imposition of ZLD and liability to pay environmental compensation on polluter pays principle for restoration of environment. If the violations are still continuing, the State PCB may need to close the unit till compliance. For the past violations, for 5 years prior to filing of application and thereafter atleast till October 2020 compensation has to be levied which we quantify at Rs. 25 crores, following principles laid down inter alia in MC Mehta, (1987)1 SCC 395