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Judgment
In compliance of our order dated 12.07.2019 the Additional Director General of Police (Traffic) is present and he has submitted a progress report. Earlier we had observed that constitution of Special Task Force had not been completed. The functioning of the Force had started on 11.06.2019 whereas the order passed by the Tribunal on 17.05.2019. As a matter of fact, even at that time the Task Force had not commenced its full functioning, as per the direction of the Tribunal. It was for this reason that compliance in respect of furnishing daily report to ADG, Traffic and thereafter forwarding it on monthly basis to the Tribunal could not be complied with.
We have been informed today that so far as establishing of infrastructure of Special Task Force is concerned, the same is complete. But as regards the full functioning of the Force, in light of our order dated 17.05.2019, the same is yet to be achieved.
Therefore, we issue following directions to the State of Rajasthan and the Director General of Police:-
That the Special Task Force for preventing environment pollution in Jodhpur, constituted by order of the Tribunal dated 17.05.2019, shall be working exclusively in accordance to the directions of the Tribunal and they shall not be involved in any routine office work or any other work. In other words, the members of the Special Task Force shall not be made to do routine work in office or assigned any other work.
The in-charge of the Special Task Force, Mr. Ramchandra who is on regular posting as Additional SP Intelligence at Jodhpur shall continue on that post. The DG Police, Rajasthan is directed to depute other officer, of the rank of Additional SP, who shall work exclusively as incharge of this Force and no other function shall be assigned to him until the Special Task Force continues to function.
The Commissioner of Police, Jodhpur is directed to nominate an officer of the rank of DCP/DIG for coordination with the Special Task Force, particularly in respect of registration of First information report and the investigation thereafter, in accordance to law. He shall work as a Nodal Officer between the Special Task Force and the regular police at Jodhpur.
The daily reports are to be sent by the Special Task Force to ADG (Traffic) and monthly reports thereafter be forwarded to the Tribunal.
The Government of Rajasthan may sanction a post for in-charge of Special Task Force constituted by the Tribunal for the purpose of prevention of pollution in Jodhpur and its neighboring areas. The expenditure in this regard may be borne by State Pollution Control Board out of the fund which is deposited with them on recovery of penalty/compensation from the defaulting units.
We direct Dr. S. S. Rao, General Manager, ISRO, Regional Remote Sensing Centre, Jodhpur to have arial photographs/high resolution satellite imageries so as to detect the areas/patches where untreated industrial waste has been discharged in open land/Nallahs/Rivers. The expenditure to be incurred by ISRO shall be paid by State Pollution Control Board, from the funds deposited with it from the defaulting industries.
A compliance affidavit has been filed by CGWA in original application no. 448/2013. It has been deposed therein that after issuing show cause notice, sealing of borewells have been done. However, it has been informed by the Learned Counsel for the Central Ground Water Authority that as the officer of CGWA are technical persons, they have to inform the authorized officers namely District Collector at the time sealing/closing.
Looking to the urgent need of taking action against such illegal activities of extracting groundwater in the area which is already critical, we deem it proper to direct the CGWA to promptly identify the points where such illegal extraction of groundwater is being undertaken and seal them immediately after calling upon the Special Task Force, which has been constituted by the Tribunal and stationed at Jodhpur. They may simultaneously inform the authorized officer i.e. the District Collector. The Electricity Board be also informed for the purpose of disconnecting the electricity to such borewells or points where illegal extraction of ground water is being done. Subsequently, CGWA has to proceed, in accordance to law, for recovery of environmental compensation from such defaulters who are found illegally extracting the groundwater.
List these matters on 30th August, 2019.