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2021 Supreme(Online)(NGT) 12

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
ADARSH KUMAR GOEL, CJ, SHEO KUMAR SINGH, J, NAGIN NANDA, EM
Avtar Singh Uppal & Ors. – Appellant
Versus
State of Punjab – Respondent
Original Application No. 938/2019



Advocates:
For the Appellants/Petitioners: Not Mentioned
For the Respondents: Not Mentioned

The court enforced compliance with pollution regulations, emphasizing accountability of industries and local authorities in environmental management.

Headnote:(A) Water (Prevention and Control of Pollution) Act, 1974 - Sections 33-A - Environmental pollution - Allegations pertaining to pollution by dyeing units and dairy farms; reports from the State PCB acknowledged ongoing pollution from various industries and dairies along Tung Dhab drain, necessitating further remedial actions and compliance - Directed multiple parties to ensure connection to treatment facilities and compliance with environmental norms. (Paras 1, 2, 4-11)

(B) Remedial Measures and Compliance - Obligation of authorities to act against non-compliance of environmental standards; Reports indicate recurring failure of municipal and industrial units to adhere to pollution control orders, highlighting the need for ongoing monitoring and strict adherence to environmental regulations. (Paras 6, 10)

Facts of the case:
Allegations of pollution from industries and dairies in Amritsar prompting inquiries from the National Green Tribunal; reports from the Punjab PCB identified sources of pollution and highlighted non-compliance from local industries and authorities.

Findings of Court:
A need for strict adherence to environmental norms by local authorities ensuring treatment of wastewater and relocation of dairies, with set deadlines for compliance.

Issues: Pollution control measures implemented by local bodies; responsibility of industries in maintaining compliance with established environmental norms.

Ratio Decidendi: The court emphasized the necessity for compliance with all relevant water pollution regulations and the proactive need for local authorities and industries to address deficiencies in their environmental management systems.

Result: The application is disposed of.

ORDER

1. Vide order dated 31.10.2019, a factual and action taken report was sought from the Punjab State Pollution Control Board (“State PCB”) with reference to the allegation of pollution being caused by dyeing units on the Airport Road at Amritsar and other factories such as M/s Khanna Paper Mills, etc. on Majitha Road and Verka alongside Tung Dhab Drain at Amritsar in violation of environmental norms. The ETPs/STPs were said to be not working.

2. The matter was thereafter considered on 26.06.2020 in the light of report of State PCB dated 17.03.2020 as follows:

“2. Accordingly, the State PCB has filed a report on 17.03.2020, acknowledging the pollution and mentioning that the sources of pollution to be from 85 dairies, 95 water polluting industries and wastewater discharge of Municipal Corporation. The State PCB claims to be monitoring the situation.

3. In view of acknowledged position of water pollution, it will be appropriate that the State PCB takes further remedial action which may be overseen by the Monitoring Committee headed by Justice Jasbir Singh, former Judge of the Punjab and Haryana High Court, constituted by this Tribunal1 to oversee abatement measures for pollution of Sutlej River and compliance of Solid Waste Management Rules.

Let a further report in the matter be furnished by the State PCB after three months by 31.10.2020 by e-mail at judicial- ngt@gov.in (preferably in the form of searchable/OCR PDF and not image PDF).

3. Accordingly, further report has been filed by the State PCB on 01.01.2021 as follows:

4) That the Punjab Pollution Control Board has issued notice under section 33-A of the Water (Prevention and Control of Pollution) Act, 1974 to Municipal Corporation, Amritsar and the Punjab Water Supply and Sewerage Board (PWSSB), Amritsar with an opportunity of personal hearing before the competent authority of the Board on 22.10.2020 as two number outlets near ESI Hospital, Majitha Road, Amritsar and Opposite AS Farms, Batala Road, Amritsar were operational and discharging untreated domestic effluent into Tung Dhab drain and are yet to be connected with STP North (95 MLD capacity), Amritsar. After hearing the parties, it was decided by the competent authority of the Board as under:

a) The Municipal Corporation, Amritsar shall transfer the amount of Rs.39.31 lac to Punjab Water Supply and Sewerage Board (PWSSB) within 10 days.

b) The Punjab Water Supply and Sewerage Board after receiving the above said amount shall complete the work of connecting Batala Road disposal with Municipal Corporation (MC) sewer before 31.03.2021.

c) Punjab Water Supply and Sewerage Board shall plug the Majitha Road disposal within 10 days after cleaning the sewer within 15 days.

5) That however during the visit by the Board officer on 20.11.2020, it was observed that the Municipal Corporation, Amritsar as well as Punjab Water Supply and Sewerage Board had failed to comply with the decisions of the hearing held on 22.10.2020. The Board has initiated action to provide final opportunity of hearing to the Commissioner, Municipal Corporation, Amritsar and Executive Engineer, Punjab Water Supply and Sewerage Board before the Competent Authority of the Board on 28.12.2020 to explain as to why they have not complied with the decisions of hearing dated 22.10.2020 as mentioned in para 4 above.

6) That further it is stated that about 107 number of dairy units situated along the bank of Tung Dhab drain are generating about 0.5 MLD to 1 MLD of waste water alongwith 60 TPD of cow dung/solid waste. The Punjab Pollution Control Board has issued notices for violation of the provisions of the Water (Prevention and Control of Pollution) Act, 1974 to all the 107 number of dairy units for the management of wastewater and solid waste in compliance to the guidelines issued by the Central Pollution Control Board in July 2020 for Environmental Management of Dairy Farms and Gaushalas. However, response from the dairy units is awaited.

7) That it is further br

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