Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2020 Supreme(Online)(NGT) 77

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Adarsh Kumar Goel, CJ, Sudhir Agarwal, J, Arun Kumar Tyagi, J, Afroz Ahmad, EM
Arvind Pundalik Mhatre – Appellant
Versus
Ministry of Environment and Forest & Climate Change – Respondent
Original Application No. 125/2018 | Earlier O. A. No. 163/2017 (WZ)

Advocates:
For the Appellants/Petitioners: Mr. Lalit Mohan, Mr. Videh Vaish
For the Respondents: Mr. Suhas Kumar, Mr. Mukesh Verma, Mr. Raj Kumar

The Tribunal emphasizes stringent compliance with environmental regulations, holding parties liable for pollution and requiring compensation for ongoing violations.

Headnote:(A) Water (Prevention and Control of Pollution) Act, 1974 - Failure in managing industrial effluents leading to pollution in Taloja - Tribunal required CETP operators to pay interim compensation for ongoing violations, and non-compliance from regulatory authorities was noted. (Paras 1-10)

(B) Environmental Regulations - Necessity of stringent adherence by CETP operators and the role of regulatory bodies in monitoring compliance - The Court underscored the need for timely reporting and accountability to prevent environmental degradation. (Paras 3, 6, 8, 10)

Facts of the case:
Applicant raised concerns about ongoing pollution in Taloja industrial area due to improper management of effluent treatment. Multiple directives were given to CETP and regulatory authorities to mitigate environmental damage and ensure compliance.

Findings of Court:
The Tribunal noted continued non-compliance of CETP and issued directives for punitive measures against responsible officers; directed deposit of further compensation due to violations.

Issues: The primary issues were the persistent failures of CETP operators in complying with regulatory norms, the imposition of penalties, and ensuring the cessation of pollution.

Ratio Decidendi: The Tribunal held that the failure to manage effluents violated statutory obligations and mandated proactive measures for compliance to protect public health and the environment.

Result: Application disposed of with directions for compliance.

Table of Content
1. legal obligations for mitigating pollution (Para 1 , 2)
2. remedial action against industrial effluent pollution is necessary. (Para 3)
3. ongoing regulatory failures addressed by tribunal (Para 4 , 5)
4. monitoring and compliance requirements highlighted (Para 6 , 7)
5. judicial oversight on compliance and civil liability for environmental harm. (Para 8 , 9)
6. consequences for non-compliance emphasized (Para 10)
7. ongoing monitoring and immediate compliance with environmental laws are essential. (Para 11)
8. final directions for compliance with law (Para 12)

ORDER

1. The matter pertains to remedial action against pollution caused by the discharge of industrial effluents in Taloja industrial area on the outskirts of Mumbai on account of failure to scientifically manage the common effluent plant, now operated by the Maharashtra Industrial Development Corporation (MIDC) and also failure of the statutory regulator, the State Pollution Board in taking remedial measures.

2. The matter has been dealt with by this Tribunal on several dates and orders have been passed having regard to the fact situation depicted in inspection reports filed before this Tribunal from time to time. The record clearly shows that untreated industrial effluents were being discharged in a water body causing damage to the eco system and health of the inhabitants. Faced with such situation, this Tribunal directed the CETP operator to deposit interim compensation in the sum of Rs. 5 crores with the District Magistrate vide order dated 04.04.2018. Since the pollution continued, further compensation of Rs. 5 Crores was required to be paid by the CETP operator vide order dated 17.08.2018.

3. In view of the repeated failure on the part of the regulatory authorities and the CEPT operators, a Monitoring Committee headed by a former Judge of the Bombay High Court was appointed to propose a time bound action plan. The report of Justice V.M. Kanade was considered vide order dated 09.04.2019. The action plan proposed steps for upgradation of the CETP. The Cooperative Society operating the CETP passed a resolution for taking over of the CETP by the MIDC.

4. MIDC started working around 01.11.2018 but the pollution was not stopped. Accordingly, vide order dated 09.04.2019, this Tribunal directed that industries which are source of pollution be shut down till remedial action is taken. We noted that MIDC as well as MPCB were unable to provide any other option. The MPCB was directed to suspend consent to operate of the industries not meeting the norms and permit them only after the remedial steps are taken. CETP operator was required to deposit balance of amount of Rs. 6.1 Crores towards compensation for the damage to the environment. The amount was to be deposited with the District Magistrate for restoration of the environment.

5. Thereafter, the matter was dealt with on 03.09.2019 in light of report of the State PCB dated 20.07.2019 and status report filed by the MIDC showing that outlet parameters from the CETP are not achieving the norms due to non-completion work of the upgradation of CETP. The Tribunal on perusal of the record and after hearing Counsel for the parties found that CETP Operator- MIDC was violating the norms of discharge of effluent and had also failed to deposit the compensation assessed. The Tribunal accordingly, directed compliance and coercive measures on failure as follows:-

4. We have today considered the action taken report filed by MPCB on 20.07.2019 and the status report filed on behalf of the MIDC. The reports show that outlet parameters from the CETP are not achieving the norms due to non-completion work of the upgradation of CETP.

Current status of work of CETP is reported as follows:-

(i) Phase I CETP :- Taloja CETP phase I having capacity of 12.5 MLD is at present in operation.

(ii) Phase II CETP :- Taloja CETP Phase (cid:150) II having capacity of 10 MLD has been rehabilitated and upgraded completely. The Phase (cid:150) II plant is commi

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