Industrial effluent discharge into storm water drain joining river violates law unless meeting surface water standards (COD <50 mg/l), despite industrial compliance; attracts polluter pays compensation.

ORDER

1. This Original Application was registered under Sections 14 and 15 (b) and (c) of National Green Tribunal Act, 2010 on an application from Sanjay Kumar Pal, R/o Village Jauharpur, Tehsil Gyanpur, District Bhadohi, though presently residing at Ekta Chawal, Committee Tata Nagar Bhandup, East Mumbai, Maharshtra.

2. Applicant has stated that his mother Phul Devi was owner of … share (18 Biswas) of Araji No.371, area 0.895 hectare, situated at village Jauharpur, Tehsil Gyanpur, District Bhadohi. after her death, applicant’s name has been mutated in revenue record by order dated 01.07.2021 passed by Competent Authority.

3. Respondent 5,-M/s Obeetee Pvt. Ltd., (hereinafter referred to as ‘proponent’,) is a manufacturer and supplier of Hand Tufted, Hand knotted carpet having its unit at Gopipur, Gopiganj, Bhadhoi (Sant Ravidas Nagar).

4. Respondent 5 is discharging waste water containing toxic substances in agriculture land of applicant and other farmers for a long time, as a result whereof crop of applicant and other farmers was damaged causing losses to applicant in respect of productivity. Due to continuous flow of waste water in agricultural land of applicant, soil level had gone down by 3 feet on account whereof, applicant is unable to sow the crops in his field. Applicant has suffered loss of Rs.20,98,400/- in paddy crops; Rs.15,33,250/- in wheat crops and Rs.17,00,000/-in vegetable crops in the last 20 years. For improvement of soil and upgrading the level of agriculture field, applicant would require substantial amount of more than Rs.36,58,368/-, Applicant claims that he is entitled for compensation for damage caused to the fertility of agriculture land and crops to the extent of Rs.95,78,018/- from the proponent.

5. Applicant made several complaints to various authorities and one of such representation is dated 11.06.2021 which is on record as Annexure- H to Original Application. On the complaint of applicant, area Lekhpal, Tehsil Gyanpur, District Bhadhoi submitted report certifying damage to the crop and difficulty in farming. Lekhpal’s report dated 01.07.2021 is on record as Annexure-A-9.

6. Explanation was sought by Sub Divisional Magistrate, Gyanpur from the proponent. Respondent 5 explained that for the damage caused to the agricultural field of the applicant, it is paying Rs.15,000/- per annum and similar financial assistance is provided to other co-sharer/co- owners. Sub Divisional Magistrate, Gyanpur vide letter dated 19.07.2021 communicated the above stand of proponent to the applicant. Letter of Sub Divisional Magistrate is on record as Annexure-A-10 (page/63). Sub Divisional Magistrate, Gyanpur also submitted report dated 09.07.2021 to District Magistrate, Bhadhoi confirming that effluent discharged from the proponent’s industrial unit, collected in the agricultural field of the applicant, is causing difficulty in agricultural activities. Proponent explained that effluent from industrial unit is discharged in Jhiriyapul (a public drain) and proponent also carry out cleanliness and maintenance activities from time to time which could not be possible at the time of complaint due to rainy season and repair shall be carried out after the rains.

7. In the above backdrop, applicant has stated that limitation commences from 11.06.2021 when the applicant sent his representation claiming damages and also on 22.11.2021 when Writ Petition No.23829 of 20