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2024 Supreme(Online)(NGT) 3913
NATIONAL GREEN TRIBUNAL CHENNAI (SOUTHERN ZONE BENCH)
Smt. Pushpa Sathyanarayana, J, Dr. Satyagopal Korlapati, ACJ
Chepuri Ramachandraiah – Appellant
Versus
The Principal Secretary of Telangana Environment, Science & Technology – Respondent
Original Application No.238 of 2021 (SZ) | Earlier O.A. No.181 of 2020 (PB)
For the Appellants/Petitioners: None
For the Respondents: Mr. Mohammed Aathic, Mrs. H. Yasmeen Ali, Ms. C.P. Kavitha Renjini, Mr. T. Sai Krishnan, Mr. K.S. Viswanathan, Mrs. T. Hemalatha, Mr. G.M. Syed Nurullah Sheriff
Industries are liable for environmental damages and must comply with pollution control measures to prevent public health hazards.
Headnote:(A) Environmental Protection Act, 1986 - Violations of environmental norms causing air and water pollution - Compensation of Rs.22,73,000 towards crop loss and Rs.1,19,70,000 towards environmental damage awarded to the applicant - Industry found to have violated consent conditions and required monitoring for compliance. (Paras 13 - 26)
(B) Joint Committee Assessment - The industry’s pollution control measures were inadequate and required improvement to reach compliance with environmental standards - Mitigation measures and compliance monitoring mandated. (Paras 11, 12, 26)
Facts of the case:
The applicant alleged violations by the respondent industry resulting in environmental harm to agriculture and public health. Following investigations, the Joint Committee mandated remedial actions and calculated compensation for damage caused.
Findings of Court:
The court mandated the payment of compensation to the applicant and directed the respondent industry to comply with environmental standards and rectifications.
Issues: The main issues concerned environmental violations and adequacy of pollution control measures.
Ratio Decidendi: The Tribunal observed that industries must adhere strictly to environmental norms and that failure to do so results in liability for damages and necessary remediation measures.
Result: The Original Application is disposed of with directives for compliance.
| Table of Content |
|---|
| 1. environmental norms and their violation lead to compensation. (Para 2 , 3 , 5 , 12 , 25) |
| 2. ongoing monitoring of environmental compliance is required. (Para 4 , 11 , 19 , 20) |
| 3. joint committee findings necessitating action for environmental compliance. (Para 6 , 13 , 14 , 26) |
JUDGEMENT
Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member
1. The above Original Application was registered by the Principal Bench of this Tribunal based on the letter petition received from one Mr. Chepuri Ramachandraiah and numbered as O.A. No.181 of 2020 (PB)
2. The grievance raised in said letter petition is violation of environmental norms by M/s. Hindys Chemical Factory, causing air and water pollution adversely affecting the cattle and crops and public health in Velminedu Village, Chityala Mandal, Nalgonda District, Telangana.
3. The Principal Bench, vide Order dated 01.12.2020, directed the Telangana SPCB and the District Magistrate – Nalgonda District to take appropriate action after ascertaining the facts and following due process of law and designated the Telangana SPCB to be the nodal agency for coordination and compliance.
4. Accordingly, a report dated 21.10.2021 of the Telangana SPCB and the District Magistrate – Nalgonda District was filed before the Principal Bench, wherein it is stated that they inspected the 4th Respondent unit and surrounding agricultural fields on 22.02.2020. The District Magistrate – Nalgonda District has directed the District Agricultural Officer – Nalgonda to collect the samples of groundwater and soil from the agricultural land of Sri Chepuri Ramachandraiah/applicant herein. The Telangana SPCB officials have also collected groundwater samples from the bore wells located in the agricultural land of the applicant on 26.02.2021 and furnished the analysis results to the Joint Committee.
5. It is further reported that as per the analysis report of the water, the said water cannot be used for irrigation purposes, as the EC is 3.5 mmos/cm and the Residual Sodium Carbonate is 14.8 (Normal: 1.25 – 2.50). It was also stated that the reclamation measures are required and concluded that though the soil is not badly affected, since bore wells have been polluted, irrigating the crops with bore well water will have an adverse effect on the yield and quantity of produce.
6. The above-referred report was considered by the Principal Bench, New Delhi on 18.11.2021 and the following orders have been passed:-
“6. Project proponent has filed I.A No. 212/2021 to be added as a party and inter alia stated that some of the land is under acquisition.
7. We have heard learned counsel for the State PCB as well as the project proponent. Even though the report is not complete on all respects, it is clearly acknowledged that there are serious violations as noted above resulting in damage to the soil quality and water in the area. The unit has been manufacturing more than the consented capacity and not maintaining record and also not complying with the consent conditions. Only action taken by the State PCB is forfeiting the bank guarantee to the extent to Rs.2 lakhs.
8. In view of the above, further remedial action is necessary, after ascertaining a factual position.
9. Accordingly, we constitute a four member joint Committee of MoEF&CC, CPCB, State PCB and the District Magistrate, Nalgonda. The nodal agency will be the CPCB and the State PCB jointly. Joint meeting of the Committee may be held within two weeks. The joint Committee may undertake visit to the site and interact with the stakeholders and evaluate compliance status in all respects, including air, water, soil, ground water, compliance of the consent and EC conditions and the quantum of compensation required to be recovered, in the light of the violations found. The project proponent may be given opportunity of being heard. The Committee may give its report within three months by email to the Southern Bench of this Tribunal.”
7. Thereafter, the matter was transferr
