Jalander Nana Jadhav And Ors Vs

We have heard the learned Counsel who has presented this Application.

The sum and substance of the Petition is that by an Order dated 27th August, 2015 (Annexure-B) appended to the Application, 24 families are held to be entitled to relief under Section 14 of the National Green Tribunal Act, 2010 and they are now Applicants in this Application. On perusal of the Order in question, we do not find any of these Applicants having participated in this proceeding. We see from the Original Application No.42/2014 that Shri Sant Dasganu Maharaj Shetkari Sangh, Akolner, Taluka - Nagar was the Applicant. Learned Counsel for the Applicants contends that in the petition at paragraph No.1 itself there was assertion that Applicant is representative of group of 24 families based at Akolner Village who are victims due to water pollution for which Respondent Nos.1 and 2 are responsible andthus they seek compensation. The ultimate relief sought in the Application No.42/2014 was to issue directions to the Respondent Nos.1 and 2 to submit report of last year regarding chemical examination of water in 3 wells and bore-well situate in their land property; besides:

- Direction to the Respondent Nos.1 and 2 to build overhead water tank of drinking water having sufficient capacity for the villagers of Akolner (considering the norm of 70 liters of water per head per day) and provide pipelines to carry the water to their homes and farms;

- Directions to the Respondent Nos.1 and 2 to build water tanks at ground level for drinking water to domestic animals of the farmers in the village Akolner;

- Directions to the Respondent No.7 - The S.P. Ahmednagar to submit action taken report by the police at Akolner village regarding law and order situation arisen after dispute on groundwater contamination;

- Direction to the Respondent No.5 - The District Collector, Ahmednagar with the help of Respondent Nos.3, 4 and 5 to find out the seepage/leakage from the storage tank or underground water pipeline of Respondent Nos.1 and 2;

- The Respondents may be asked to submit plan of action and steps that could be taken to stop this seepage/leakage and mixing of petrol, diesel and/or oil in the wells and bore-wells at Village Akolner; Further NGT to frame Rules regarding regulation, monitoring and construction of pipelines to carry crude oils, natural gas, liquefied natural gas, liquefied petroleum gas (LPG) and petroleum products and publish recommended practices covering pipeline operations;

- NGT to direct the Respondent Nos.1 and 2 to furnish records of venting and cleaning of the storage tanks established at Akolner village;

- Directions to Respondent No.5 to collect, analyze interpret and disseminate data on the ground water levels, quality and also to submit periodic assessment of ground water resources on scientific lines related to the Akolner area;

- Direction to Respondent No.4 to submit their action taken report on the Akolner villagers' issues and give reason as to why they failed in taking legal actions against the Respondent Nos.1 and 2; directions to Respondent Nos.1 and 2 to pay compensation at the tune Rs.5,00,000/- per family to the villagers of Akolner for the constant and life-threatening health hazards being committed by the Respondent Nos.1 and 2 and for their yield as well as loss of domestic animals;

- Considering the socio-legal and environmental aspect of this matter the costs of this Application be awarded to the victim-Applicants from the Respondents, etc.

It admits no doubt that directions sought are plenty and only relief which is necessary to be taken into consideration for disposal of this Application is at "k" which reads as follows:

"K. Directions may be given asking the Respondent Nos.1 and 2 to pay compensation at the tune Rs.5,00,000/- per family to the villagers of Akolner for the constant and life-threatening health hazards being committed by the Respondent Nos.1 and 2 and for their yield as well as loss of domestic animals."

And thus, the relief at "K" falls within the ambit and scope of Section 15 which reads as follows:

"15. Relief, compensation and restitution. - (1) The Tribunal may, by an order, provide, -

(a) relief and compensation to the victims of pollution and other environmental damage arising under the enactments specified in the Schedule I (including accident occurring while handling any hazardous substance);

(b) for restitution of properly damaged;

(c) for restitution of the environment for such area or areas, as the Tribunal may think fit.

(2) The relief and compensation and restitution of property and environment referred to in clauses (a), (b) and (c) of sub-section (1) shall be in addition to the relief paid or payable under the Public Liability Insurance Act, 1991 (6 of 1991).

(3) No application for grant of any compensation or relief or restitution of property or environment under this section shall be entertained by the Tribunal unless it is made within a period of five years from the date on which the cause for such compensation or relief first arose:

Provided that the Tribunal may, if it is satisfied that the applicant was prevented by sufficient cause from filing the application within the said period, allow it to be filed within a further period not exceeding sixty days.

(4) The Tribunal may, having regard to the damage to public health, property and environment, divide the compensation or relief payable under separate heads specified in Schedule II so as to provide compensation or relief to the claimants and for restitution of the damaged property or environment, as it may think fit.

(5) Every claimant of the compensation or relief under this Act shall intimate to the Tribunal about the application filed to, or, as the case may be, compensation or relief received from, any other court or authority."

The terminology used in Section 15 makes it clear that relief and compensation to victims of pollution and other environmental damages is to be granted. This is undoubtedly a power conferred on Tribunal to determine firstly the factum of pollution and its consequential effect on victim.

The word "victim" has to be understood as meaning a person affected. Therefore, the word like compensation to be paid to the villagers may invoke the jurisdiction of the Tribunal. For determination, we need to have identifiable person to whom compensation has to be paid. The Application is bereft of material particulars and even details of individuals and their case who are entitled to compensation.

Be that as it may, this Tribunal has disposed Application No.42/2014 on merit with the following directions:

"a) Collector, Ahmednagar shall ensure that the water from the well owned by Bappa Tabaji Gaikwad which is reported to from high oil and grease contents is pruned for the necessary treatment and disposal, by the Respondent Nos.1 and 2 under the overall supervision and guidance of MPCB with immediate effect till the entire well water is appropriately treated.

b) The Central Ground water Board, Kendriya Sadan 'B' Wing, GPOA, First Floor, Akurdi, Pune, shall conduct the assessment of groundwater quality and status of pollution at the disputed wells and (J) Application No.42/2014 (WZ) 28 also, suggest the restoration and remediation measures, in next two (2) months to the Collector, Ahmednagar.

c) Regional Officer, MPCB shall take immediate steps for restitution and restoration of the groundwater quality of the disputed wells with the help of Collector, Ahmednagar and GSDA in a time bound manner in next four (4) months.

d) The entire costs of all above activities shall be borne by Respondent Nos.1 and 2 who shall deposit tentative amount of Rs.5,00,000/- (Rs. five lakhs) each with Collector, Ahmednagar for execution of the above work.

e) Respondent Nos. 1 and 2 shall pay compensation of Rs.5,00,000/- (Rs. Five lacks) to Bappa Tabaji Gaikwad, whose well is found to be contaminated with oil, within next six (6) weeks, through Collector, Ahmednagar.

f) All above directions (a to e) shall be enforced by Collector and MPCB. In case, the Respondent Nos. 1 and 2 do not comply with the directions, Collector, Ahmednagar shall recover the costs as if it is a land revenue arrears under Maharashtra Land Revenue Code, 1966 by attachment and sale of Industrial units, stock and barrel.

g) The Collector, Ahmednagar shall ensure supply of adequate quality of water for the drinking and cattle feeding for village Akolner and in case, improvement/upgradation/expansion of the existing water supply scheme is necessary, Respondent Nos.1 and 2 are liable to pay costs of the same.

h) The MPCB and GSDA shall regularly monitor ground water quality in this area till the compliances are made. The MPCB shall include the well water sampling of Bappa Tabaji Gaikwad in their regular State/National Quality Water Monitoring programme, immediately.

i) The Chairman, MPCB and Chief Executive Officer, GSDA shall cause to enquire why such serious incident of ground water pollution was not adequately investigated since 2012, in spite of abnormal oil concentrations in well water and no regular data and information is available about the contamination of the disputed wells, even after institution of this Application, and take suitable action in next three (3) months."

The Issue based on the prayers was framed and it is at Issue No.4 which reads as follows:

"4. Whether the Applicants are entitled for any damages compensation towards loss of agricultural yield, drinking water sources and health effects?"

The finding is at paragraph No.25 which reads as follows:

"25. Considering above situation and also the analysis results placed on record, we are of the opinion that the Applicants are entitled for damages to the well owned by Bappa Tabaji Gaikwad as this well water cannot be used for any purpose. Further, the waters from other identified wells by GSDA cannot be used for drinking purpose and cattle growing purpose due to the smell and therefore, the Applicants are entitled for the compensation for making alternative arrangements for the drinking water supplies and also the non use of one well of Shri Bapa Tabaji Gaikwad for intended uses. Therefore, the issue No.4 is also decided in the AFFIRMATIVE."

The conclusion of this Tribunal after taking into consideration of relevant factors is clear in its expression. This would only generate the cause of action to the person affected to seek compensation but for the purpose of determination there has to be an individual application and determination as referred to in Section 15 of the National Green Tribunal Act, 2010.

In the Original Application only a group of persons styling themselves as Shri Sant Dasganu Maharaj Shetkari Sangh, Akolner had petitioned to this Tribunal. We have no material on record as to whom compensation is payable.

In the circumstances, though our Order directs Respondent Nos.1 and 2 to pay compensation, it is necessary that there has to be determination as to who are those who are entitled to receive compensation and quantification thereof, and for that purpose an individual claim is necessary.

Being of this view, we find that this Application is bereft of material and in absence of any individual victim claiming any compensation we are terminating this proceeding.

Hence, Application No.39/2016 is disposed of reserving liberty to all those who are affected by pollution and entitled for compensation by virtue of our Order to apply under Section 15 of the National Green Tribunal Act, 2010 for determination and grant of compensation.

Application No.39/2016 stands disposed of.