2024 Supreme(Online)(NGT) 4397

NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
Sheo Kumar Singh, Judicial Member, 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

NGT directs industries and municipal authorities to upgrade CETPs to ZLD, complete pipelines, install STPs, ensure effluent pretreatment, and implement groundwater recharge to remediate industrial pollution causing high TDS in affected areas.

Headnote:(A) Water (Prevention and Control of Pollution) Act, 1974 - Sections 24, 25, 33A, 44, 47 - Environment (Protection) Act, 1986 - National Green Tribunal - Suo motu cognizance of groundwater pollution in industrial area from news item reporting hazardous chemicals in handpumps/borewells - TDS levels exceeding 2000 mg/L in summer, high sulphate, kjeldahl nitrogen, magnesium causing health issues - 548 industries (217 water polluting) primarily responsible alongside damaged pipelines, untreated domestic sewage, nallah discharges - No heavy/toxic metals detected; high TDS attributed to geological strata, seasonal factors, past land application, leakages - CETP (4 MLD) operational but inadequate; pipeline incomplete in some sectors - Directions issued for industries to pretreat effluents and send to CETP, complete/increase pipeline capacity, upgrade CETP to ZLD (RO/MEE/ATFD), additional CETP near affected village, STPs for nallah/river wastewater, rainwater harvesting, periodic monitoring, artificial recharge, pumping shallow polluted water for industrial use post-treatment. (Paras 2, 3, 12, 13, 16, 17)

(B) Pollution Control - CETP/STP Compliance - Strict enforcement against violators mandatory; 53 closure notices, 35 closures, 53 criminal cases filed - Municipal Corporation liable for pipeline repairs, STP installation at upstream areas, nallah interception - Regional geological factors (Deccan Traps basalts) contribute to high TDS but anthropogenic pollution primary concern - Joint responsibility of PCB, Municipal Corporation, Groundwater Authorities for remediation and vigilance via online monitoring. (Paras 3E, 3F, 12)

Facts of the case:
Suo motu application on news item highlighting red polluted water from handpumps/borewells in industrial area affecting 3 lakh residents; study of 636 samples showed TDS 575-3983 mg/L (mostly >500 mg/L, some >2000 mg/L), other parameters within limits except seasonal exceedances; pollution from industrial effluents, damaged collection lines to CETP, untreated domestic sewage into nallahs discharging to river; prior NGT directions partially complied.

Findings of Court:
Groundwater unsuitable for drinking without treatment; no toxic metals but high TDS/health risks; multiple causes including industrial defaults, infrastructure gaps, domestic inputs; immediate remedial infrastructure upgrades, compliance enforcement, monitoring mandated.

Issues: Extent/nature of groundwater pollution, responsibility attribution, compliance with prior directions, remedial measures for industrial/domestic effluents, nallah/river pollution linkage.

Ratio Decidendi: NGT mandates comprehensive remediation holding industries, municipal authorities, pollution boards jointly accountable; prioritizes ZLD CETP upgrade, pipeline completion, STPs, groundwater recharge over mere monitoring; geological factors noted but anthropogenic controls enforceable.

Result: Original Application disposed with binding directions for remediation within timelines; copies to authorities for compliance.

Table of Content
1. suo-motu registration on polluted groundwater news. (Para 1 , 2)
2. state pcb reports industrial pollution status. (Para 3)
3. geological factors cause high tds naturally. (Para 4)
4. water quality analysis shows tds exceedance. (Para 5 , 6)
5. cgwb identifies nala proximity pollution. (Para 8 , 9)
6. cpcb highlights river pollution compliance. (Para 10 , 11)
7. directs effluent treatment and monitoring. (Para 12 , 13 , 14 , 15 , 16)
8. application disposed with compliance orders. (Para 17 , 18)

JUDGMENT

1. This original application is registered suo-motu on the basis of the news item titled "स ांवेर रोड़ के 53 इल को ां के भूजल में ममले घ तांक रस यन 400 उ्ቕोगो ां पर शक, नोमिस 50 को, क ररव ई मसर्र 7 पर" appearing in Dainik Bhaskar dated 13.08.2024.

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 premise

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