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2024 Supreme(Online)(NGT) 3142
NATIONAL GREEN TRIBUNAL PUNE (WESTERN ZONE BENCH)
Dinesh Kumar Singh, Judicial Member, Vijay Kulkarni, Expert Member
Prasad M. Mulye – Appellant
Versus
Managing Director, M/s. Bharat Serums and Vaccines Ltd – Respondent
Original Application 265/2015
For the Appellants/Petitioners:Mr. Asim Sarode, Advocate along-with Ms. Sughanshi Ropia, Advocate
For the Respondents:Mr. Bhash H. Mankad, Advocate for R-1/PP, Ms. Manasi Joshi, Advocate along-with Ms. Pooja Natu, Advocate for R-2/MPCB, Mr. Prashant Chavan, Advocate along-with Mr. Navdeep Vora, Advocate & Associates for R-3/MIDC, Mr. Vilas Ghogare, Director, DISH, for R-5, Mr. Aniruddha Kulkarni, Advocate for R-6/CPCB, Mr. Pushkal Mishra, Advocate for R-7/MoEF&CC
Important Points
Subject
Environmental Law - Pollution Control and Industrial Compliance
Act Referred
Air (Prevention and Control of Pollution) Act, 1981: S.18(1)(b)
National Green Tribunal Act, 2010: S.14, S.15, S.16, S.18(2)
Factories Act, 1948: S.2(k)(i)
Maharashtra Factories Rules, 1963: R.4(4), R.4(1)(a), R.4(1)(b), R.4(1)(c)
Headnote
(B) Burden of Proof - Environmental claims - Allegations of pollution require specific evidence; mere proximity to water source or assertions insufficient against compliance reports, test results, and regulatory findings - Rectification of categorization errors by pollution board upheld; no jurisdictional bar on zoning issues absent substantial environmental question. (Paras 47, 50, 59)
Facts of the case:
Applicant alleged pharmaceutical plants caused groundwater pollution near dam via hazardous waste leachate, effluent gardening, animal disposal; operated without consents, in flood-prone/non-permitted IT zones; sought shutdown, consent cancellations. Respondents denied via affidavits, test reports, inspections showing compliance, Orange categorization, no pollution.
Findings of Court:
No water pollution caused; plants compliant with zero liquid discharge, waste disposal; Airoli unit purely R&D, not manufacturing; categorization correctly Orange; no violations proved.
Issues: (i) Whether plant caused dam pollution? (ii) Whether Airoli unit only R&D, no manufacturing? (iii) Error in changing Airoli consent from Red to Orange?
Ratio Decidendi: Applicant bears burden to prove environmental harm; unsupported allegations fail against regulatory inspections, test reports confirming no pollution, compliance; pollution board may rectify categorization per guidelines; change from Red to Orange valid for non-commercial R&D/formulation.
Result: Original Application dismissed. No costs.
| Table of Content |
|---|
| 1. applicant's claims of environmental violations by pharmaceutical plants (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. illegal manufacturing without factory license at airoli (Para 11 , 12 , 13 , 14 , 32) |
| 3. respondent's compliance with consents and no pollution (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 4. mpcb's categorization and past closure actions (Para 28 , 29 , 30) |
| 5. rejoinder alleging category errors and zld non-compliance (Para 34 , 35 , 36 , 37 , 38 , 39 , 40 , 44) |
| 6. midc's permissions for it/ites and irrigation clearance (Para 41 , 42 , 43) |
| 7. no water pollution at ambernath plant proven (Para 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53) |
| 8. airoli unit is r&d, correctly orange category (Para 54 , 55 , 56 , 57 , 58 , 59 , 60) |
| 9. application dismissed, no relief granted (Para 61 , 62 , 63 , 64) |
JUDGMENT
1. This Original Application has been preferred with the prayers that respondent No.1- Managing Director, M/s. Bharat Serums and Vaccines Ltd. be permanently directed to be shut down due to the violations of environmental laws at its end; respondent No.2- Regional Officer, Maharashtra Pollution Control Board; respondent No.3- Chief Executive Officer, Maharashtra Industrial Development Corporation; respondent No.4- Superintendent Engineer, Thane Irrigation Circle; and respondent No.5- Director, Directorate of Industrial Safety & Health be directed to cancel all the permissions related to respondent No.1 to run the activities in its plants at Ambernath and Airoli; respondent No.2- Regional Officer, Maharashtra Pollution Control Board be directed to review/set aside ‘Consent to Operate’ granted to the respondent No.1; and cost be imposed upon the respondent No.1’s Industry.
2. In the body of this application, it is submitted that the applicant has observed hazardous waste being generated by the respondent No.1's plant in a close proximity to the Chikhloli Dam, resulting in leachate being generated, which is having capacity to pollute the ground water table. This act is putting the population of Ambernath in jeopardy as the dam provides drinking water supply to the city.
3. It is further mentioned in this application that the respondent No.1- M/s. Bharat Serums and Vaccines Ltd. is a pharmaceutical company dealing in the business of manufacturing bio-pharmaceutical products, having its Plant at Plot No.K-27, K27/part, K27/1 Additional MIDC, Anand Nagar, Ambernath (East), Thane (hereinafter to be referred in short as "Ambernath Plant") and a research and development unit at Plot No.K-10, Kalwa Industrial Area, Airoli, Navi Mumbai (hereinafter to be referred in short as “R&D unit”). The Respondent No.1’s industry falls under the "Red" Category as per the Central Pollution Control Board's (CPCB) directions dated 07th March, 2016. These are the modified directions, under Section 18(1)(b) of the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981, regarding harmonization of classification of industrial sectors. As per the CPCB's directions, pharmaceuticals are mentioned at Sr. No.58, under the "Red" Category. But somehow the Respondent No.1’s industry is operating in Orange Category instead of “Red” Category.
4. It is further mentioned in this application that the "Consent to Operate" issued to the respondent No.1 is not valid and it is also violating various conditions stipulated in the Consent to Operate. It is further mentioned that respondent No.1 operated its Ambernath Plant illegally without "Consent to Operate" for about 6.5 months as the "Consent to Operate" was issued on 28/01/2022, which expired on 30/06/2022. The said Consent was renewed only in January 2023, for which the respondent No.1 had applied on 25/06/2022, i.e., 5 days prior to its expiry. It is further mentioned that given nature of the operations being carried out by the Respondent No.1's Ambernath Plant, its categorization under Orange Category is erroneous, as i
