Abdul Sattar Silawat vs State of Rajasthan

Application is registered based on a complaint received by e-mail

This original application has been registered under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) on a letter petition received from Abdul Sattar Silawat, Chief Editor, Dainik Mahka Rajasthan, Jaipur. The complaint is that for the last 40 years textile factories of Pali, Balotra and Jodhpur in Western Rajasthan have be stained by pollution to eradicate them, industrialists, alongwith Government, have helped to set up ZLD plant. However, on a spot verification in January 2022, it was found that several industries infact, were burning pet coke causing pollution but no effective action has been taken by the authorities concerned.

The issue of water pollution by textile industries in above area has already been considered by this Tribunal vide judgment dated 25.02.2022 in OA No. 329/2015, Gram Panchayat ARABA vs. State of Rajasthan & Ors. wherein following directions were issued:

“315. In the light of the above discussion, we dispose of all these OAs with the following directions:

(i) The recommendations of Monitoring Committee as contained in reports dated 22.04.2021 and 22.07.2021 which we have already quoted shall be complied with by the concerned authorities within 6 months.

(ii) RSPCB shall ensure that no untreated, or partly treated pollutant is discharged in water or water bodies or land including rivers in question, which do not comply with the environmental laws and norms and any industry including operators of ETP, STP or CETP shall be closed/sealed, if violation is found to have continued. For the period of non-compliance including post violations, environmental compensation shall be determined by Competent Statutory Regulators, against violators, on the principle of ‘Polluter’s Pay’, after giving show cause notice and opportunity and the said amount of compensation shall also be recovered. This entire exercise shall be completed within 6 months.

(iii) RIICO shall pay environmental compensation of Rs. 2 Crores by depositing the same with the CPCB.

(iv) The local bodies/authorities of District Barmer and Jodhpur each shall pay compensation of Rs. 2 Crores within 15 days with RSPCB and in case steps required to be taken by them for stopping pollution for complying with the directions mentioned above within 6 months are failed, they shall pay further compensation of above amount.

(v) The Statutory Regulators in coordination with the concerned District Magistrates shall make a survey of respective areas of districts Jodhpur and Barmer, prepare detailed exhaustive lists of Industrial Proponents who are causing pollution, air and/or water pollution. A regular monitoring shall be observed by a Committee comprising RSPCB, concerned District Magistrates and CGWA and appropriate remedial action including assessment of compensation as well prosecution shall be taken against the violators.

(vi) Amount of compensation deposited/recovered as directed above, shall be utilised for remediation and restoratioin of environmental damage. For this purpose, a joint Committee comprising CPCB, RSPCB, CGWA and District Magistrates Barmer and Jodhpur shall finalise plan within two months and execute the same within six months.

(vii) Compliance report by respective bodies/authorities in respect of directions as above, shall be submitted by 30th September, 2022 with Registrar General, NGT, PB. If any further direction is required/needed or found necessary the Registrar General, NGT, PB shall place the matter before the Tribunal.”

With regard to burning of pet coke and causing air pollution, we find that this aspect can also be looked into by the authorities concerned in the said area. We, therefore, dispose of this application by directing State PCB to look into the matter and take appropriate remedial and preventive action in accordance with law within two months.

Action taken report shall be filed with the Registrar General of this Tribunal by 15.04.2023 by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. If found necessary, the Registrar General shall place the matter before Bench for further directions.

With the above directions, this application is disposed of.

A copy of this order, alongwith copy of complaint, be forwarded to State PCB by e-mail for compliance.