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Judgment
The matter pertains to remedial action against pollution caused by the discharge of industrial effluents in Taloja industrial area on the outskirts of Mumbai on account of failure to scientifically manage the common effluent plant, now operated by the Maharashtra Industrial Development Corporation (MIDC) and also failure of the statutory regulator, the State Pollution Board in taking remedial measures.
The matter has been dealt with by this Tribunal on several dates and orders have been passed having regard to the fact situation depicted in inspection reports filed before this Tribunal from time to time. The record clearly shows that untreated industrial effluents were being discharged in a water body causing damage to the eco system and health of the inhabitants. Faced with such situation, this Tribunal directed the CETP operator to deposit interim compensation in the sum of Rs. 5 crores with the District Magistrate vide order dated 04.04.2018. Since the pollution continued, further compensation of Rs. 5 Crores was required to be paid by the CETP operator vide order dated 17.08.2018.
In view of the repeated failure on the part of the regulatory authorities and the CEPT operators, a Monitoring Committee headed by a former Judge of the Bombay High Court was appointed to propose a time bound action plan. The report of Justice V.M. Kanade was considered vide order dated 09.04.2019. The action plan proposed steps for upgradation of the CETP. The Cooperative Society operating the CETP passed a resolution for taking over of the CETP by the MIDC.
MIDC started working around 01.11.2018 but the pollution was not stopped. Accordingly, vide order dated 09.04.2019, this Tribunal directed that industries which are source of pollution be shut down till remedial action is taken. We noted that MIDC as well as MPCB were unable to provide any other option. The MPCB was directed to suspend consent to operate of the industries not meeting the norms and permit them only after the remedial steps are taken. CETP operator was required to deposit balance of amount of Rs. 6.1 Crores towards compensation for the damage to the environment. The amount was to be deposited with the District Magistrate for restoration of the environment.
Thereafter, the matter was dealt with on 03.09.2019 in light of report of the State PCB dated 20.07.2019 and status report filed by the MIDC showing that outlet parameters from the CETP are not achieving the norms due to non-completion work of the upgradation of CETP. The Tribunal on perusal of the record and after hearing Counsel for the parties found that CETP Operator- MIDC was violating the norms of discharge of effluent and had also failed to deposit the compensation assessed. The Tribunal accordingly, directed compliance and coercive measures on failure as follows:-
“4. We have today considered the action taken report filed by MPCB on 20.07.2019 and the status report filed on behalf of the MIDC. The reports show that outlet parameters from the CETP are not achieving the norms due to non-completion work of the upgradation of CETP. Current status of work of CETP is reported as follows:-
“(i) Phase I CETP :- Taloja CETP phase I having capacity of 12.5 MLD is at present in operation.
(ii) Phase II CETP :- Taloja CETP Phase – II having capacity of 10 MLD has been rehabilitated and upgraded completely. The Phase – II plant is commissioned and will be made in operational very soon.”
Status of operation of CETP inter-alia is shown as follows:-
“CETP Phase I plant 12.5 MLD capacity operation were continued and effluent being treated through Phase – I plant taking Phase – II plant 10 MLD capacity under shut down for rehabilitation, removal of sludge etc.”
Conclusion in the report of the MPCB is shown as follows:-
“In view of the above facts and circumstances, it is concluded that after commissioning of Phase – II i.e. August 2019 10 MLD effluent will be treated as per norms and remaining effluent of 7 MLD will be segregated at source from large industries who is achieving MPCB’s standard for outlet COD below 250 mg/litr will be taken separately and discharged at CETP outlet directly. Hence, total effluent generation quantity upto 17 MLD will be discharged at COD of 250 mg/litres which is as per MPCB norms and it is allowed for disposal. At the same time, CETP 1st Phase renovation, upgradation work will be started and all the work will be completed upto Nov. 2019 and total CETP functioning will be come into force from Dec. 2019.”
The status report filed by the MIDC shows that the amount of Rs. 3.90 Crores which was required to be deposited has not been done though a part of the amount is said to have been collected.
It is, thus, obvious that CETP operator i.e. MIDC is continuing to commit criminal offence under the provisions of the Water (Prevention and Control of Pollution) Act, 1974 in discharging effluents beyond norms. It is also violating the orders of the Tribunal regarding the payment of compensation as well as not discharging effluents in violation of norms. The MPCB has also not ensured stopping of violation of law.
Faced with the above, learned counsel for the MIDC has stated that within 15 days only 10 MLD effluents will be received which can be treated and remaining amount of effluents will not be received by CETP. Learned counsel for MPCB has also made a similar statement that this arrangement will be enforced and necessary order passed. We take the statements on record but we have no answer why it has not been done so far and why violation of law has been allowed to continue.
Even though for clear violation of law and the order of this Tribunal, we are inclined to direct civil imprisonment of the CEO of MIDC and Deputy CEO (Environment), MIDC as well as Member Secretary, MPCB, however, taking liberal view, in view of the statement that by 30.09.2019 compliance of orders of this Tribunal in respect of deposit of compensation in accordance with the terms of Agreement as well as stopping of discharge of polluting effluents will be ensured. We direct that MIDC is liable to deposit further sum of Rs. 5 Crores for causing pollution after its taking over of CETP operation around 01.11.2018 till date. We further direct that if the remaining amount of compensation as per earlier orders as well as the current amount is not deposited by 30.09.2019, salary of CEO, MIDC, Deputy CEO (Environment), MIDC and Member Secretary, MPCB be stopped till compliance.
Let a further compliance report be filed by CEO, MIDC and Member Secretary, MPCB on or before 15.10.2019 by e-mail at [email protected].
The amount of compensation may be recovered from the members contributing to the effluent as per agreement but failure of the members to deposit will not be a ground not to make the deposit which will remain basic responsibility of MIDC.
In view of further developments after passing of the order dated 17.08.2018, the Monitoring Committee may conclude its proceedings by 30.09.2019 and file its final report before 15.10.2019.
The joint Committee of CPCB and MPCB may verify status of discharge of effluents on the site as on 15.10.2019 and furnish a report to this Tribunal by e-mail at [email protected] by 31.10.2019.
A copy of this order be sent Chief Secretary, Maharashtra and CPCB for necessary action by e-mail.”
Thereafter, on 04.11.2019 and 17.02.2020, there was further review of the compliance status and finding non-compliance, directions for compliance were issued.
Civil Appeal Nos. 8229-8231/2019 has been filed against order of this Tribunal dated 03.09.2019 on which the Hon’ble Supreme Court granted interim order on 10.12.2019, which is continuing as follows:-
“Issue notice, returnable on 14th January, 2020.
Interim protection granted will continue till 14th January, 2020, qua the three applicants.
Pleadings to be completed before the next date of hearing.”
In view of the said order, the Tribunal vide order dated 17.02.2020 directed listing of the matter after decision in the said pending appeal in the Hon’ble Supreme Court. However, the applicant has filed I.A. No. 283/2022 on 01.11.2022 seeking further directions against continuing non-compliances by the CETP Operator as well as individual industrial units. Reliance has been placed on further reports dated 05.06.2020, 24.08.2020 by the State PCB and joint report of CPCB and MPCB dated 06.10.2020 and reports of the Monitoring Committee dated 24.03.2021 and 09.07.2021. It will suffice to refer to the last report i.e. 10th Review Meeting of the Monitoring Committee dated 09.07.2021 annexing minutes of meeting dated 30.04.2021. It records the suggestions of Regional Director, CPCB and also violations pointed by the applicant. The Chairman of the Monitoring Committee directed MPCB to constitute Expert Committee to address and monitor the grievances. He dissolved the Monitoring Committee, subject to further monitoring by the State PCB. Relevant extract from the said report area reproduced below:-
“Shri. Prasoon Gargava, Regional Director, CPCB and Member of Taloja Monitoring Committee suggested following concluding points:
Significant works in terms of repair, maintenance, rehabilitation and augmentation has been done in CETP of Taloja. The trends of results showed significant improvements in terms of inlet concentration at CETP and outlet results consistently for quite a significant time during last year. However, it is gathered from the data presented during the meeting on 30th April, 2021 that the inlet concentration values of COD are increasing again and ranged between 3760 to 6128 mg/l during the period of January, 2021 to March, 2021 against the designed inlet limit of 2700 mg/l. It is indication of going back to the scenario of the year 2018. Moreover, the outlet concentration of COD for the same period has been reported ranging from 263 to 1081 mg/l against the prescribed limit of 250 mg/l. Further, the reduction with the help of dilution with fresh water cannot be ruled out, as the current treatment system cannot technically justify such a drastic reduction in concentration values of COD and TDS. The CETP has occasionally received acidic effluent also at inlet which is required to be controlled by proper joint surveillance mechanism to prevent damage to the newly augmented systems.
It is very much important to make the joint surveillance system functional in case of Taloja, as already suggested by the committee in the previous review meetings.
The quantity of industrial effluent discharge to CETP has been mentioned as 14.66 MLD by MPCB which is not matching with the hydraulic capacity of the CETP as well as not substantiating the need of the enhancement of hydraulic capacity by 5 MLD. MPCB was requested to recheck the aspect. It is also to mention that time series data of hydraulic load received and monitoring results have been emphasized by the committee in previous meetings but such data is not presented before the committee by CETP. The online effluent monitoring system installed is again not functional and sent for repair. The CETP should have a robust system, as the online data of CETP is very crucial.
The presentation made by KDC-Aqua on behalf of CETP covered only the slides of old presentations to large extent. It was also suggested that any result, including of Bio-assay should be presented with date of result and time series data to show the trend. Trends of hydraulic loads received also not presented by CETP. The CETP is required to be very much focused on performance of CETP as well as compliance of member units to ensure controlled effluent at inlet. The CETP was also expected to keep a check on discharge of effluent by member units and action initiated in this regard is yet to be placed on record by CETP.
Besides implementation of restoration plan, it is important to expedite the works of extension of treated effluent disposal pipelines.
Shri. Arvind Mhatre - the Petitioner has raised and given in writing the following points: -
This meeting should not be the last and that the meetings should be held frequently, because CETP work has just started now.
Despite having list of violating Industries every month, MIDC has failed to take action on industries.
Inlet and outlet reports from Taloja CETP are not properly reported. It is shocking that Rs 75 crores have been wasted on the project, as results of Taloja CETP are still not met.
Many violating Industries, who have been given shut down notice for causing pollution, get to start their operations back immediately.
It is suggested that local level monitoring Committee be formed.
River cleaning work on the Kasardi River has not started yet. Rs. 15 crores fine, which has been collected from the Industries and deposited with the District Collector (Raigad), has not been used for Kasardi river restoration work.
The mangroves on the Kasadi River near the Navde village should not be destroyed, so the CIDCO has been directed to recognize the mangrove as a special zone.
269 factories in Taloja MIDC pollute the river and have been ordered to close and shut down, so these Industries should be penalized.
The final bill should not be issued to the CETP contractor till the work of Taloja CETP is completed satisfactory
MIDC Chief Engineer Mr. Rajendra Sonje and Executive Engineer Mr. R P Patil, from the very first meeting of the Taloja Monitoring Committee had remarked that tender process for 3km extension of discharge point of CETP into the deep sea was in progress. Further, they had informed that present discharge point is not as per National Institute of Oceanography (NIO). In addition, MIDC had said that it is on the verge of alignment of pipeline route, within 15-30 days, the tender will be finalized. This discharge point is near the Kharghar Railway station (Sector 2, 8 and 10-Kharghar). However, till date there is no sign of the work execution. These types of false promises should not be done in an important open forum in presence of the Honorable Taloja Monitoring Committee members. Immediate legal action should be initiated against these officials for misleading the Committee.
Measures should be taken for pipeline leakage. As on 26/4/2021, a large number of pipelines have broken and toxic chemicals have been carried into the Kasadi River, polluting the water, destroying the mangroves and killing the fish.
CSR Funds in Taloja MIDC should be spent in Taloja area. It should be used for ambulances, hospitals, schools, Kasadi River, upliftment of local villagers and other works.
Air pollution is on a large scale, as companies like IGPL, Deepak Fertilizers, Dorf Ketal, Lasons India are discharging toxic effluents into the Environment.
All the stakeholders and Committee Members have informed Hon’ble Chairman of the Committee that they have complied all the directions / order issued by Hon’ble NGT.
The Chairman expressed his overall satisfaction towards work done by all the stakeholders and decided to dissolve the Committee. Hon’ble Chairman further directed MPCB to constitute an Expert Committee to address and monitor the grievance.”
In I.A. NO. 283/2022, the applicant has apart from referring to the report of the Monitoring Committee referred to above, has filed letters of the MPCB dated 11.08.2022 and 12.08.2022 recording continuing non-compliances.
We have heard learned Counsel for the appearing parties.
From I.A. No. 283/2022 filed by the applicant and the annexed documents, it does appear that there are still violations which needs to be remedied. This compliance thus, has to be ensured by the CETP Operator and overseen by the statutory regulators, particularly the State PCB.
Since the matter is still pending before the Hon’ble Supreme Court where issue of compliance is also open for consideration and also in light of interim order of the Hon’ble Supreme Court, we refrain from passing any further order in the matter to avoid conflicting orders.
The application stand disposed of with direction to the CETP operator and the State PCB to act according to law, subject to the remedy of the applicant in light of further orders of the Hon’ble Supreme Court in the pending appeal.
Copy of this order be forwarded to CPCB, State PCB, CETP Operator-MIDC by e-mail for compliance.