ORDER

1. This matter has been monitored in the last three years on the issue of violation of environmental norms by the Indian Oil Corporation Ltd. (IOCL), Panipat Refinery, Panipat. Violation of environmental norms was established from report dated 15.11.2018 by a joint team comprising Central Pollution Control Board (CPCB), Haryana State Pollution Control Board (HSPCB) and Deputy Commissioner, Panipat which found that the samples from the Effluent Treatment Plant (ETP) of the unit were non- compliant. Ambient air quality was exceeding the norms. VOCs were resulting in irritation to eyes and odour which was observed by the joint team during inspection. Untreated effluent was found to be discharged in the green belt areas. Unit was not complying with the conditions of recycling and reusing treated water. ETP was not being operated efficiently and was not adequate. Untreated effluents were being stored in open storage lagoon without VOC recovery system.

The ground water samples were not complying with the norms.

2. After noting the finding of the joint Committee, the Tribunal directed remedial action and sought a further report from the joint Committee. Further report was furnished on 09.05.2019 showing continued violation of law. The joint Committee assessed compensation in monetary terms at Rs. 17.31 Crores to which IOCL filed objections and directed the deposit of the amount within one month. This order was affirmed by the Hon(cid:146)ble Supreme Court in Civil Appeal No. 5108/2019 filed by the IOCL leaving it open to the IOCL to raise objections before this Tribunal.

3. The State PCB, in its report dated 16.08.2019, submitted that prosecution was initiated against the unit and the responsible officers on 05.08.2019. The CPCB gave its further report on assessment of damage and cost of restoration with respect to Oxygen depletion and Pollution caused to the surface water due to illegal discharge of effluent. CSIR- NEERI also gave its report dated 02.08.2019 on assessment of damage caused to public health & environment. The CGWB gave its report dated 05.09.2019 on assessment of damage caused to ground water and cost of restoration. The said reports were considered on

26.11.2019. The Tribunal observed:-

(cid:147)11. The report of CPCB concludes the liability for environmental compensation as follows:

(cid:147)The following may also be incorporated in the Conclusion Section The environmental compensation (EC) calculated by the Joint team is as under:

i) EC for Oxygen depletion and Pollution caused to the surface water due to illegal discharge of effluent: Rs.

26.90 Crores ii) EC for damage caused to public health & environment :

Rs. 92.59 Crores iii)EC on account of damage caused to ground water : Rs.

540 Crores Total Environmental Compensation as calculated by the Joint team is : 26.90 + 92.59 + 540 = Rs. 659.49 Crores, out of which IOCL has already deposited Rs. 17.31 Crores, as interim compensation in compliance of Hon(cid:146)ble NGT Order.

Therefore, balance environmental compensation to be deposited is: 659.49-17.31 = Rs. 642.18 Crores, if approved by Hon(cid:146)ble NGT.

12. The above conclusion relies on the report of CSIR-NEERI with regard to public health and environment assessing and on report of the CGWB on the subject of compensation for damage to the ground water. The basis of assessment under the head of damage to public health is as follows:

Table 8: Health damage cost due to respiratory diseases

2019 41100.35 2495 102545373 Average (Rounded) 64532600 i.e.

Rs. 6.45 Crore Water damages are not valued as diseases can happen due to many reasons and cannot be directly attributed to Panipat plants.

Hence total impacts caused by the refinery is = 1.39 + 59 + 32.2 = Rs.

92.59 Crore In an year, refinery has caused damage of = 1 + 6.45 + 59 (assuming all cess poll water is released in a