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Judgment
This original application is registered in suo-moto exercise of power on the basis of the news item titled " विकास या विनाश? हम कहा पहुँच गए बिना सोचे समझे!"published in the digital media on 02.12.2023.
The news item relates to the pollution being caused by the industries in Ankleshwar GIDC. It raises the issue relating to coloured water ponding and coloured water in SWD at backside of M/s Detox India Limited, regarding reddish coloured water flowing in GIDC storm water drain (SWD) at Kanoria chemical chokdi and accumulated seepage water observed in natural drain behind C channel near C pumping station.
On the basis of the advance notice Gujarat PCB has filed the report on 21.12.2023 responding to the points raised in the original application and propose action/action taken in the following chart form:-
“
S.No.
Points raised in OA 734-2023 and location
GPCB observations
Action taken by GPCB
1.
Regarding coloured
Water ponding and
coloured water in SWD
at backside of M/s
Detox India Ltd.
In Connection to
complaint, site visit
is carried out on
dated 03/12/2023.
Inspection Report
along with Analysis reports are attached herewith as Annexure – 1.
GPCB RO-Ankleshwar has
issued letter to GIDC
Ankleshwar dated 14/12/2023 to take requisite step for cleaning the open plot areas in GIDC Ankleshwar. (Copy attached herewith as Annexure – 2) GPCB RO-Ankleshwar has directed Notified Area Authority – Ankleshwar vide letter dated 14/12/2023 to take requisite step for cleaning the open plot areas and storm water drain near M/s Detok India Pvt. Ltd. (Copy attached herewith as
Annexure-3)
2.
Regarding reddish coloured waste water flowing in GIDC storm water drain (SWD) at Kanoria chemical
chokdi, GIDC Ankleshwar
In connection to complaint, site visit is carried out on dated 03/12/2023. Inspection Report along with Analysis reports are attached herewith as
Annexure-4.
GPCB has issued closure direction to M/s Vishnu Chemicals vide letter No. GPCB/ANK/CCA-690(2)/ID-
15864/760850 dated 13/12/2023. (Copy attached herewith as Annexure-5)
3.
Accumulated seepage water observed in natural drain behind C channel near C pumping station.
Accumulation of seepage water from C channel is observed in natural drain behind C channel.
GPCB RO-Ankleshwar has directed Notified Area Authority-Ankleshwar vide letter dated 14/12/2023 to take requisite step for cleaning the Seepage water from C channel is observed accumulated in natural drain behind C channel. (Copy attached herewith Annexure- 2)
”
As per the said report the proceedings have been initiated for levying environmental compensation against the defaulting units and the report states that the industries are imposed of total Rs. 11470000/- as interim environmental damage compensation. Nothing has been disclosed as to whether any amount towards the environmental compensation has been recovered till now. In respect of the action which is disclosed we find that only the directions and communications have been issued.
Learned counsel appearing for Gujarat PCB has also informed that there are total 948 industries in the Ankleshwar area, out of which 765 are under red category, 120 under orange and 63 in the green category. He has also informed that Panoli is the adjoining GIDC area which has total 533 industries, out of which 427 are under red category, 89 under orange and 17 in the green category. He has also informed that Jhagadia is another adjoining GIDC area which has total 178 industries out of which 155 are under the red category, 14 under orange and 9 in the green category.
During the course of argument learned counsel could not disclose as to where the affluent is finally flowing to, hence a fresh report is required to be filed by the Gujarat PCB disclosing all the relevant information as also the action taken for recovery of the environmental compensation and actual amount recovered towards the environmental compensation.
Learned counsel appearing for GIDC has also informed that the area concerned has been handed over to the notified authority and the report has been sought by GIDC from the notified authority which is awaited and as per the plan by May 2024 RCC wall will be constructed so that pollutants do not flow to the storm water drain. He is directed to file a comprehensive report and disclosing the time bound schedule to remediate the problem.
Power of the Tribunal to take up the matter in suo-motu exercise of power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha &Ors.” reported in 2021 SCC Online SC 897.
In the circumstance of the case, we deem it proper to implead the following as respondents in this original application:
(i) Gujarat Pollution Control Board, through its Member
(ii) Gujarat Industrial Development Corporation, through its Managing Director
(iii) Central Pollution Control Board, through its Member Secretary
(iv) District Magistrate, Ankleshwar
(v) Notified Area Authority, Ankleshwar through the Chief Officer
Let notice be issued to Respondent No. 3 and 4 for filing their response before the Western Zone Bench, Pune atleast one week before the next date of hearing.
Since the matter relates to the Western Zone Bench of the Tribunal, therefore, the original application is transferred to the said bench for appropriate further action. The Registry is directed to transfer the record of this matter to the Western Zone Bench, Pune.
List on 20.02.2024 before the Western Zone Bench, Pune.