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2025 Supreme(Online)(NGT) 576
NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
HON’BLE MR. SHEO KUMAR SINGH, J, HON’BLE DR. VIJAY KULKARNI, EXPERT MEMBER
NEWS ITEM PUBLISHED IN DAINIK BHASKAR DATED 13.08.2024 TITLED DEADLY CHEMICALS FOUND IN GROUND WATER OF 53 AREAS OF SANWER ROAD AND SUSPECTED ON 400 INDUSTRIES NOTICE TO 50 AND ACTION TAKEN ONLY ON 7 INDUSTRIES – Appellant
Versus
M.P POLLUTION CONTROL BOARD – Respondent
Original Application No. 214/2024(CZ) | O.A. No. 1076/2024-PB
For the Appellants/Petitioners: None
For the Respondents: Mr. Yadvendra Yadav, Adv., Mr. Prashant M. Harne, Adv. (with Mr. Mehul Bhardwaj, Adv.), Mr. Gigi George, Adv., Mr. Dharamvir Sharma, Adv., Ms. Parul Bhadoria, Adv. (with Mr. Pranjal Pandey, Adv.), Mr. Om Shankar Shrivastava, Adv.
Groundwater pollution in the Sanwer Road Industrial Area requires immediate remediation through treatment of industrial effluents, with TDS levels significantly exceeding permissible limits impacting health.
Headnote:(A) Water (Prevention and Control of Pollution) Act, 1974 - Toxic pollution - Groundwater quality affected due to industrial discharge in Indore - TDS levels ranged from 2000 to 3600 mg/L, while safe limit is 600 mg/L. Local residents are suffering from various health issues due to contaminated drinking water. The NGT directed the Municipal Corporation to install treatment and disposal facilities and ensure compliance by industries. (Paras 2, 12, 13)
(B) Environmental Protection - NGT directed entities to immediately install necessary treatment plants and complete pipeline works for effluent delivery to CETP to mitigate pollution impacts on groundwater and health risks prevalent in affected localities. (Paras 11, 12, 13)
Facts of the case:
The case involves the pollution of groundwater affecting approximately 3 lakh residents in the Sanwer Road Industrial area due to high TDS and other toxicity levels, primarily caused by 400 water-polluting industries.
Findings of Court:
The NGT ordered immediate action to treat industrial effluents and to ensure proper wastewater management addressing the polluted water causing health issues.
Issues: The court addressed the ongoing groundwater pollution, responsibilities of industrial entities, and the need for immediate remedial actions to restore water quality.
Ratio Decidendi: The court emphasized that all water-polluting industries must treat their effluents properly, and the Municipal Corporation must ensure compliance and installation of adequate treatment facilities within a stipulated timeline.
Result: The application is disposed of with orders for immediate remedial actions.
| Table of Content |
|---|
| 1. observations on water quality parameters and pollution sources. (Para 1 , 5 , 6 , 7) |
| 2. groundwater pollution due to industrial activities. (Para 2 , 3) |
| 3. review of industrial compliance with pollution regulations. (Para 4 , 8) |
| 4. court directives for management of groundwater quality. (Para 9 , 13 , 14) |
| 5. regulation of water pollution under the water act. (Para 11 , 12) |
| 6. final order and directives issued. (Para 18) |
JUDGMENT
2. The matter relates to dangerous polluted red colour water coming out from handpumps and borewells of Sanwer Road Industrial area in Indore (M.P). Ground water in this area contained large quantity of sulphate, kjeldahl nitrogen, magnesium. In June 2023 M.P.PCB had carried out sampling at Kumedi, Bardari, Dhankhedi, Shakkarkhedi, Niranjanpur along with 53 locations in an area of 20 km for one year and prepared a report of total 636 samples where 3 lakh people are living. As per the report TDS level in water ranged from 2000 to 3600 mg/1 whereas water is fit for drinking at 600 mg/l. Due to drinking of this polluted water, the local residents are suffering from allergy, hair fall, bone, teeth and intestinal diseases. It is reported that there are 400 industries mainly electroplating, chemical, confectionary and Pharma units using acid in large quantities responsible for polluted water, out of them action has been taken only on 7 industries. Several investigation carried out with respect to discharge of waste water in to Narwar and Bhaurasala drains and Kanh river and notices have been served to 50 industries for closure and 7 have been sealed. Maximum sample were collected from public boring, handpumps and wells which indicated high level of pollution of ground water between Ramnagar Sector A, F and Kumedi village.
3. After taking the cognizance, the State PCB was directed to submit the factual and action taken report and in compliance of the order the members of the State PCB visited the site and after taking sample and its analysis submitted the report with the following facts :-
(A) Brief Note on Industrial Area Sanwer Road, Indore :
1. The Sanwer Road Industrial Area is located in North-West of the Indore City and existing since long back This industrial area is basically developed for small scale industries. Earlier it was away from city area but now it is very close to Indore City. There are 06 sectors in Sanwer Road Industrial Area namely Sector-A, B, C, D, E and F. The total area of this industrial area is about 77 hectares. Google location map of Sanwer Road, Industrial Area showing Narvar Nallah, Bhorasala Nallah and River Kanh is enclosed as Annexure-1 for reference.
2. There are about 548 Industries in above sectors. Out of these industries 127 are Red, 176 are Orange and 245 are Green category. Out of 548 industries 217 water polluting in nature.
3. The status of pollution control measures in the water polluting industries located in different Sectors of Industrial Area Sanwer Road is given below :
| S. No | Sector | No. of Water Polluting Industries | Red Orange Green Total | Industrial Water Consumption (in KLD) | Total Waste water generation (in KLD) | Number of Units having Member ship of CETP | Number of Units Installe d ETP | ||
| 1 | A | 19 | 7 | 9 | 3 | 676 | 322.65 | 18 | 18 |
| 2 | B | 12 | 3 | 3 | 6 | 53.6 | 31.4 | 12 | 7 |
| 3 | C | 36 | 17 | 5 | 14 | 390.3 | 199.1 | 36 | 23 |
| 4 | D | 16 | 7 | 8 | 1 | 67.85 | 34.3 | 16 | 13 |
| 5 | E | 67 | 16 | 19 | 32 | 478.72 | 303.792 | 67 | 38 |
| 6 | F | 58 | 18 | 14 | 26 | 445.1 | 274.9 | 58 | 36 |
| 7 | Kumh edi | 8 | 02 | 04 | 02 | 113 | 74 | 7 | 8 |
| 216 | 70 | 62 | 84 | 2224.57 | 1240.14 | 214 | 143 |
Most of the industries located in the Industrial Area are small scale category. As per the details given in above table, following may be observed :
i. Out of 216 water-polluting industries of the Industrial Area 143 industries have installed effluent treatment plants at their premises and send the treated effluent to CETP for further treatment and disposal.
ii. 73 units are the tiny units in which wastewater generation is very small in quantity and they have not installed their own ETP at their premises and send their wastewater to CETP directly for treatment and disposal.
iii. Out of 216 units, 214 U
