ORDER

1. This application has been moved with a prayer that respondent No.6 – MPCB be directed to take necessary action against respondent No.1/Project Proponent namely M/s Shree Balaji Anodizing by directing its closure in pursuance of warning notice dated 09.07.2021 issued by respondent No.6, as respondent No.1/Project Proponent is operating the industry without valid Consent. Further it is prayed that expert committee be appointed to quantify the environmental lossess to be realized from respondent No.1.

2. The brief facts of the present case are that respondent No.1 is an industry being run without valid Consent to Operate and is discharging untreated industrial toxic effluents in the MIDC drain which flows into river Krishna for a period of more than five years, which is causing irreversible damage to the environment and ecology of the said river.

Respondent No.1 is engaged in manufacturing anodizing and powder coating activities. Respondent No.1 is producing illegal polyester resin and subsequently discharging untreated industrial toxic effluent into MIDC drain which flows into river Krishna. Respondent No.6 has taken cognizance of the complaint of the applicant and visited the said industry and issued warning letter dated 09.07.2021 to respondent No.1. As per the said warning letter of respondent No.6, the industry was found in operation and engaged in manufacturing of anodizing and powder coating activities without Consent to Establish and Consent to Operate from Maharashtra Pollution Control Board (MPCB) nor the said industry has provided any Effluent Treatment Plant (ETP) for treatment of the industrial effluent. The untreated effluent is being discharged outside the factory premises. It has not provided any air pollution control system to powder coating unit thereby causing air pollution in the surrounding area. Hence, the present Original Application with the above prayers.

3. This matter was first heard on 03.08.2021 and a Joint Committee was constituted apart from direction to issue notices to the respondents. The Joint Committee has submitted its report, which is at pages 44 to 47 of the paper-book. The relevant portion of the observations is quoted hereinbelow:-

“1. It is found that Plot No.L-57, MIDC, Kupwad belongs to M/s Rajdhani Spinning Mill Pvt. Ltd. This plot is subdivided into four different units. Single electric power supply and water supply is available to all the four units andis in the name of M/s Rajdhani Spinning Mill Pvt. Ltd.

2. Industry is operating without sub-letting permission from MIDC. MIDC has proposedlegal action against M/s Rajdhani Spinning Mill Pvt. Ltd.

3. Industry has not obtained permission for Consent to Establish/Operate from Maharashtra Pollution Control Board and is operating illegally.

4. Industry has not provided treatment facility for effluent generated from Caustic/Nitric acid bath and is discharging the same into soak pit.

5. Board has started process of initiating legal action against the above said industry.”