KISHAN PARYAVARAN SANGAHARSH SAMITI JAIPUR VS STATE OF RAJASTHAN

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH NEW DELHI _______________________________________________
ORIGINAL APPLICATION NO. 34(THC)/2014 (CWP No. 2844/2011)
(I.A. No. 30/2021 & I.A. No. 152/2021)
IN THE MATTER OF:
1. Digvijay Singh S/o Shri Ganpat Singh, aged-30 years, having his Permanent Residence at Jasol House, B/3 Paota Lines, Jodhpur.
...Applicant Verses
1. State of Rajasthan through the Secretary, Department of Environment, Secretariat, Government of Rajasthan, Jaipur.
2. Collector Barmer Office of the District Collector, Collectorate, Barmer.
3. Rajasthan Pollution Control Board through its Chairperson, 4, Institutional Area, Jhalana Doongari, Jaipur
4. Union of India through the Secretary, Ministry of Environment & Forest, Government of India, Paryavaran Bhawan, CGO Complex, Lodhi Road, New Delhi.
5. Central Pollution Control Board through its Chairman Ministry of Environment & Forest, Government of India, Parivesh Bhawan, East Arjun Marg Delhi 110032
6. RIICO through Regional Manager, RIICO Ind. Area, Balotra-344022 District – Barmer
7. Rajasthan Pollution Control Board Regional Office, Near CETP, Kher Road, Balotra, District Barmer
8. Balotra Water Pollution Control & Research Foundation Trust through its Secretary, Shri Jugal Kishore Singhal S/o Shri Madan Lal Ji Singhal, R/o Balotra
9. Jasol Water Pollution Control & Treatment Trust Through its Secretary, Shri Rameshwar Lal Bhutra S/o Leeladhar Ji Bhutra, R/o Laxmi Nagar, Jerla Road, Balotra.
10. Municipal Board, Balotra through its Chief Executive Officer.
11. Balotra Textile Hand Processers Association (A organization of Small Scale Industries)-
through Its president Shri Gani Mohammed Sumaro S/o Shri lsmail Sumaro, resident of Balotra, near Mother Terresa School, District Barmer 12. Central Ground Water Authority through Secretary. West Block 2, Wing - III, Sector I, R.K. Puram, New Delhi - 110066.
...Respondent(s)
With ORIGINAL APPLICATION NO. 32(THC)/2014 (CWP No. 9503/2012)
(I.A. No. 85/2021)
IN THE MATTER OF:
1. Kisan Paryavaran Sangaharsh Samiti, Jaipur Through its Secretary, Mahavir Singh Sukarlai S/o Lal Singh R/o Village Sukarlai, Tehsil Rohat, Distt. Pali, Rajasthan ... Applicant Verses
1. State of Rajasthan Through Chief Secretary, Government of Rajasthan Jaipur, Rajasthan
2. Rajasthan State Pollution Control Board Industiral Area, Jalani, Doongri, Jaipur, Rajasthan
3. Rajasthan State Pollution Control Board Regional Office, Mandia Road, Pali, Rajasthan
4. Central Pollution Control Board Parivesh Bhawan, East Arjun Nagar, Delhi
5. Pali Water Pollution Control Treatment & Research Foundation (Trust)
Through its President/Secretary, CETP Mandia Road, Pali-Marwar, Rajasthan
6. District Collector, Pali Pali, Rajasthan
7. Rajasthan Industrial & Investment Corporation (RIICO)
I.T.I. Road Pali, Pali Rajasthan
8. Municipal Council, Pali Through its Commissioner, Pali, Rajasthan
9. Rajasthan Textile & Hand Processing Association Near Pali Urban Co-operative Bank, Mandia Road, Pali, Rajasthan ...Respondent(s)
With ORIGINAL APPLICATION NO. 329/2015 IN THE MATTER OF:
Gram Panchayat ARABA Through its Sarpanch, at Village Araba Panchayat Samiti Kalyanpur District Barmer and Rajasthan ...Applicant Verses
1. State of Rajasthan through the Principal Secretary, Irrigation Department, Government of Rajasthan, Jaipur, Rajasthan
2. Divisional Commissioner, Jodhpur District Jodhpur, Rajasthan
3. District Collector District Jodhpur, Rajasthan
4. District Collector District Barmer, Rajasthan
5. Sub-Divisional Officer, Balotra District Barmer, Rajasthan
6. Tehsildar, Tehsil Panchpadra District Barmer, Rajasthan
7. Rajasthan State Pollution Control Board through its Member Secretary, Jaipur, Rajasthan
8. Jodhpur Development Authority through its Secretary, Jodhpur, Rajasthan
9. Nagar Nigam, Jodhpur through its Commissioner, Jodhpur, Rajasthan
10. Central Pollution Control Board through Member Secretary, Parivesh Bhawan, CBD-cum-Office Complex, East Arjun Nagar, Delhi-110032
11. Central Ground Water Authority (CGWA)
Jamnagar House, 18/11, Man Singh Road Area, New Delhi, Delhi 110001
12. Ministry of Environment, Forest and Climate Change (MoEF&CC)
Indira Paryavaran Bhawan. Jorbagh Road, New Delhi-110003
13. Rajasthan State Industrial Development and Investment Corporation RIICO, Mini Udhyog Bhawan, Industrial Estate, New Power House Road, Jodhpur, Jodhpur, Rajasthan 342003 ...Respondent(s)
Counsel in OA No. 34 (THC)/2014:
Applicant:
Mr. Digvijay Singh, Applicant in person Respondent(s):
Mr. Vinay Kothari, Advocate for CETP Mr. Nishant Awana, Advocate for RSPCB Ms. Nidhi Singhvi, Advocate for RIICO Mr. A.K. Prasad, Advocate for CGWA Mr. Raj Kumar, Advocate for CPCB Counsel in OA No. 32 (THC)/2014 & OA 329/2015:
Applicant:
Mr. Dipesh Choudhary, Advocate for Applicant in OA 32/2014 Mr. Jaideep Singh, Advocate for Applicant in OA 329/2015 Respondent(s):
Mr. Anshdeep, DM, Pali, Mr. Indrajeet Singh, DM, Jodhpur & Mr. Om Prakash Vishnoi, ADM Barmer with Mr. Vishal Meghwal, Advocate Mr. Nishant Awana, Advocate with Mr. Anand Mohan, MS RSPCB, Mr. Rahul Sharma, RO Pali & Mr. Amit Sharma, RO Jodhpur Mr. A.K Prasad, Advocate with Dr. S.K Jain, Regional Director, CGWB Mr. Raj Kumar, Advocate for CPCB Mr. Vinay Kothari, Advocate for CETP Management (R-5) in OA 32/2014 Ms. Nidhi Singhvi, Advocate for RIICO Mr. Rishabh Sancheti, Advocate for JPNT in OA 329/2015 Mr. Anchit Bhandari, Advocate PRESENT:
HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE DR. NAGIN NANDA, EXPERT MEMBER OA No. 34/2014 reserved on: 23^rd November, 2021 OA Nos. 32/2014 and 329/2015 reserved on: 24th November, 2021 Pronounced on: 25th February, 2022 SYNOPSIS Sr. Pleadings Para no Page no No.
1 OA (T ) 34/2014 4-12 8-17 HC
2 OA (T ) 32/2014 13-21 17-25 HC
3 OA 329/2015 22-31 25-30
4 Proceedings in OA I, i.e., OA 34/2014  Objections filed on 18.11.2014 33-34 30-31  Additional Affidavit by R-8 dated 01.05.2014 35 31-32  Additional Affidavit by R-8 dated 09.07.2014 36 32  Affidavit by R-8 dated 09.07.2015 37 32  Additional Affidavit filed on 31.07.2015 by RSPCB 38 32
5 Orders passed in OA I, i.e., OA 34/2014 41-56 33-86
6 Procedings in OA II, i.e., OA 32/2014  Reply dated 09.09.2013 by RIICO Pali (R-7) 58 86-88  Reply/Counter Affidavit dated 17.11.2014 filed by R5 60-63 88-91  Reply/Objection dated 27.11.2014 by Applicant 64 91-92  Compliance report dated 13.05.2015 by RSPCB 65-66 92  Affidavit cum Compliance report dated 08.07.2015 67-68 93 by RSPCB  Additional Affidavit filed on 14.05.2015 by Applicant 69 93-94  Affidavit cum Compliance report dated 08.07.2015 70 94-96 by RSPCB  Affidavit dated 08.10.2015 by R-5 71 96-97  Additional Affidavit by RIICO 72 97-98  Affidavit cum Compliance report filed on 08.10.2015 73-74 98-99 by RSPCB  Affidavit filed on 03.12.2015 by R-5 75 100  Affidavit cum Compliance report dated December, 76 100
2015 by RSPCB  Affidavits filed by R5 (Pali WPCTRFT) 77-80 101-103  Counter Affidavit dated 07.04.2016 by RIICO 81 103  Affidavit cum Compliance report dated 10.05.2016 82 103-104 by RSPCB  Affidavits dated 22.07.2016 (3 no.) & 19.05.2016 by 83-85 104 R5  Reply cum Affidavit filed on 18.07.2016 by RSPCB 86-93 104-109
7 Orders passed in OA II, i.e., OA 32/2014 94 109-132
8 Proceedings in OA III, i.e., OA 329/2015  Reply cum Affidavit/Compliance Report by RSPCB 95 132-135 dated 03.12.2015  Reply cum Affidavit dated 16.04.2016 by DC, Barmer 96 135  Reply cum Affidavit dated 17.04.2016 by DC, 97-98 135-143 Jodhpur (R3)
 Affidavit cum report dated 25.04.2016 by RSPCB 99-101 143-151  Reply cum Affidavit dated 14.05.2016 by Collector, 102-103 151-153 Jodhpur  Additional Affidavit cum Reply dated 21.09.2016 by 104-105 153-155 DC, Barmer  Affidavit cum Compliance report dated 27.09.2016 106 156 by RSPCB  Affidavit cum Compliance report dated October, 2016 107-110 156-157 by respondents  Progress report dated 20.11.2016 by respondents 111-112 158  Reply dated 27.02.2017 by DC, Barmer 113-114 158-160  Reply dated February, 2017 by DC, Jodhpur 115-118 160-162  Affidavit cum compliance report dated 15.03.2017 by 119 162-165 RSPCB  Reply Affidavit dated 26.04.2017 by CPCB 120 165  Status report dated 21.05.2017 by State of 121-124 165-167 Rajasthan.
 Affidavit dated 27.05.2017 by applicant 125-129 167-169  Short response affidavit dated 23.08.2017 by State of 130 169 Rajasthan  Affidavit dated 07.03.2018 by Commissioner, 131 169-170 Jodhpur Development Authority  Affidavit cum compliance report dated 14.06.2018 by 132-133 170-171 RSPCB  Rejoinder affidavit dated 21.07.2018 134-139 171-175  Affidavit dated 28.08.2018 filed by Member 140 175-176 Secretary, RSPCB in OA 521/2015 & OA III  Court Commissioner’s report dated 15.09.2018 142-143 176-178  Compliance affidavit dated 14.11.2018 by RSPCB 144-146 178  Report dated 15.11.2018 by Committee 147-148 179-185  Compliance Affidavit dated 10.01.2019 by Secretary, 149 185 Department of Environment, State of Rajasthan  Compliance Affidavit dated 12.03.2019 by Secretary, 150 185-186 Environment, State of Rajasthan  Affidavit cum Compliance dated 14.03.2019 by 151 187-188 RSPCB  Additional Affidavit dated 16.03.2019 by RIICO 152-153 188-190  Affidavit cum Action Taken Report dated 09.05.2019 154-160 190-195 by RSPCB  Rejoinder Affidavit dated 11.05.2019 responding to 161 195-196 affidavit cum compliance report filed by Secretary, Department of Environment, State of Rajasthan  Rejoinder Affidavit dated 11.05.2019 responding to 162 196 Affidavit cum Compliance Report filed by RSPCB  Affidavit cum Compliance report 20.05.2019 by 163 196 Department of Environment, State of Rajasthan  Reply dated 09/11.7.2019 by Secretary, Water 164-168 196-201 Resources Department  Counter Affidavit dated 09.07.2019 by CGWB, 169 201 Jaipur  Affidavit dated 11.07.2019 by Additional SP, Rajasthan 170 202  Affidavit cum Action Taken Report dated 171-174 202-208
11/19.07.2019 by RSPCB  Affidavit cum Compliance report dated 17.07.2019 175-177 208-212 by Secretary, Department of Environment  Status Report dated 30.08.2019 by CGWB, Jaipur 178 212-213  Status Report dated 06.09.2019 by CGWB 179 213-215  Report dated 10.01.2020 by (RRSC-W) Jodhpur 180 215-216  Affidavit cum Action Taken Report dated 29.01.2020 181 216-217 by RSPCB  Status Report by RRSC-W on 30.01.2020 182 217  Status Report by CPCB on 30.01.2020 183 217-218  Status Report dated 07.02.2020 by CPCB 184-187 218-223  Additional Affidavit by RIICO dated March, 2020 188 223-224  Supplementary Affidavit dated 13.03.2020 by CPCB 189 224-225  Affidavit dated 13.03.2020 by RSPCB 190 225  Supplementary Affidavit dated 17.08.2020 by 191-192 226-228 Regional Director, CGWB  Affidavit cum Compliance report dated July, 2020 by 193-194 228-231 RO, RSPCB
9 Order passed in OA III, i.e. OA 329/2015 195-204 231-244 10 Interim report dated 20.04.2021 by Monitoring 206-207 244-247 Committee
11 Common final report dated 22.07.2021 by Monitoring 208-214 247-268 Committee
12 Arguments/Written submissions:-
 Written submission filed by applicant (Digvijay 216-224 268-280 Singh) in OA I  Written submissions by applicant filed on 225 280-286
03.12.2021 in OA III  Written submissions filed on behalf of RIICO Balotra 226 286-289 (respondent 6) in OA I  Written Submissions by respondent 8 (Balotra Water 227 289-295 Pollution Control & Research Foundation Trust) filed on 01.12.2021 in OA I  Written submissions filed by RSPCB, Balotra 228 295-298 (respondent 7) in OA I  Written submissions by RIICO filed on 30.11.2021 in 229 298-300 OA II  Written submissions by RIICO in OA III 230 301  PROGRESS REPORT DATED 28.01.2022 filed by 232 305-309 respondent 5  Affidavit-cum-status report filed by District Collector 233 309-311 Pali in OA II  Affidavit cum status report dated 25.11.2021 filed by 234 311-313 District Collector, Jodhpur, in OA III
13 Discussion on merits 235-308 313-354 14 Operative part 309-315 354-357

Advocates:
For the Petitioner: DIPESH CHOUDHARY
For the Respondent:

JUDGMENT

BY HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER

1. These three matters relate to the issue of pollution caused in three rivers namely River Luni, River Badi and River Jojri. The allegations in general are that pollution is being caused by industries and local bodies by discharging industrial and municipal untreated/partially treated effluent in the above rivers resulting in serious degradation to environment and also damage to the agricultural land, health of local inhabitants etc. Out of these three matters, two are transferred Original Applications from Rajasthan High Court (at Jodhpur) i.e., THC 34/2014 (CWP 2844/2011) (hereinafter referred to as ‘OA I’) and THC 32/2014 (CWP 9503/2012) (hereinafter referred to as ‘OA II’) which relate to the pollution caused in River Luni and River Badi while third one i.e., OA 329/2015 (hereinafter referred to as ‘OA III’) relates to River Jojri and was filed before Tribunal itself under Section 14 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act 2010’).

2. The running area of rivers, at some places is over-lapping in as much as River Luni covers parts of districts Ajmer, Pali, Jodhpur, Nagaur, Barmer, Jalore and Sirohi; River Badi is tributary to river Luni passess through the areas which are part of districts Pali, Jodhpur and Barmer and ultimately, joins river Luni and third one i.e. River Jojri flowing within the boundaries of district Jodhpur and run from villages Nandari, Sriyade Nagar, Uchiarda, Basni Benda, Jhalamand, Kudi Bhagtasni, Salawas, Bhandu and Dhawa. All the above villages are in district Jodhpur but last village Dhawa is adjacent to first village of district Barmer i.e. village Doli. Boundary of village Dhawa and Doli touch each other and whenever river Jojri over flows, water enters the boundaries of district Barmer. Since running area of the three rivers was over-lapping and the issue relates to pollution caused by industries and municipal sewage, all the three matters were connected in this Tribunal and in the last three hearings were heard together. In these circumstances, these were finally heard by us collectively and are being decided by this common judgment.

3. Before proceeding further, a bird eye view of the initial pleadings in all the three matters would be necessary to give an idea of the subject, necessary for proper adjudication.

OA (T HC) 34/2014 (CWP No. 2844/2011) (hereinafter referred to as ‘OA I’

4. A writ petition, PIL No. 2844/2011 was filed before Rajasthan High Court at Jodhpur by one Mr. Digvijay Singh raising the grievance that arid land in Industrial Estates Balotra, Bithuja and Jasol was allowed to use for establishing Textile industries without making any Environmental Impact Assessment (hereinafter referred to as ‘EIA’) and the said industries are causing severe pollution by discharging untreated effluent, hence should be made liable for payment of environmental compensation, besides direction for compliance with the environmental norms or to close down. Petitioner (applicant before Tribunal), besides official respondents i.e. State of Rajasthan through Secretary Department of Environment; Collector, Barmer; Rajasthan State Pollution Control Board (hereinafter referred to as ‘RSPCB’); Union of India through Secretary, Ministry of Environment, Forest (hereinafter referred to as ‘MoEF’); Central Pollution Control Board (hereinafter referred to as ‘CPCB’); had impleaded Rajasthan State Industrial Development & Investment Corporation Ltd. (hereinafter referred to as ‘RIICO’) through Regional Manager, RIICO Industrial Area, Balotra District Barmer; Regional Officer, RSPCB at Balotra, district Barmer.

5. Facts stated in the OA, in brief, are that Luni river flows in the western part of India in State of Rajasthan and a major river in Barmer region. The river is also referred as ‘Lavanavari river’ which means ‘salt river’ in Sanskrit. It rises in the Pushkar valley of western Aravalli Range at an elevation of abo

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