Kasala Malla Reddy And Ors vs State Of Andhra Pradesh And Ors

Application No 90 of 2013

Originally the applicants in the above application namely Indian Council for Enviro-Legal Action through Prof. T. Sivaji Rao and others have filed Writ Petition No. 1056 of 1990 before the Hon'ble Supreme Court of India in 1990 under Article 32 of Constitution of India against 224 industrial units in Medak District, Ranga Reddy District, Mahaboobnagar, Nalgonda District and Hyderabad, praying for direction against 1st and 2nd respondents therein namely the Union of India and the State of Andhra Pradesh to provide wholesome clean drinking water to the people living in the villages being affected by chemical industrial pollution in Patancheru, Bollaram areas in the District Medak, to direct the said respondents to send a team of medical doctors immediately from different faculties and veterinarians to the pollution affected areas, for providing free treatment to the people suffering and their livestock, to take immediate measures to avert pollution from further spreading in surface and ground water sources and periodically collect water samples and inform people about the quality of water, through media or other means of information, to direct the said respondents to immediately close down hazardous industries creating air and water pollution thereby flouting the pollution control measures and environmental laws, to direct the said respondents to pay adequate compensation to all the victims of pollution and to those who lost their livestock, wells and facing severe hardship because of negligence of the units polluting water and air, to direct the said respondents no. 1 and 2 to take severe action against polluting industries, to direct the respondent No.3 namely District Collector Medak District, to immediately control pollution failing which to close down the units and to constitute a team of environmental experts and economists for on the spot survey and study of the water and air pollution and losses incurred on account of the pollution and submit a report. The said Writ Petition was later transferred by the Hon'ble Supreme Court of India to the Hon'ble High Court of Andhra Pradesh by an order dated 10.10.2001 and renumbered as WP (C) No 19661 of 2002 on the file of High Court of Andhra Pradesh. The Division Bench of the High Court in the order dated 12.02.2013 has transferred the Writ Petition to the National Green Tribunal and on receipt of the same, the matter was numbered as Application No. 90 of 2013.

Application Nos. 69 to 72 of 2013

Originally these applications were filed before the Hon'ble High Court of Andhra Pradesh by Kasala Malla Reddy and 118 others against the State of Andhra Pradesh, District Magistrate and Collector Medak at Sangareddy and Andhra Pradesh State Pollution Control Board and others in Writ Petition Nos. 3158, 3159, 3160 and 3161 of 1996 for a direction against respondents to take all necessary steps to close down all the polluting industries situated in Patancheru and Bollaram industrial estate and to direct payment of adequate compensation to all the victims of pollution for the loss of life, crops, vegetation, agricultural land, cattle, wells and agricultural equipment from the year 1984-85 till date. These Writ Petitions were transferred to the Hon'ble Supreme Court and tagged with W.P (C) No. 1056 of 1990 as per the order in Transfer Petition No. 172 of 1996 and thereafter the Hon'ble Supreme Court transferred all these cases to the High Court for further proceedings on 10.10.2001. The Andhra Pradesh High Court has transferred these cases to this Tribunal by the order dated 12.02.2013 renumbered as Application Nos. 69 to 72 of 2013.

Application No. 82 of 2013

Dr. Kishan Rao, a Medical Practitioner in Patancheru and 3 others have originally filed Writ Petition No. 15668 of 1997 on the file on High Court of Andhra Pradesh at Hyderabad praying to stop functioning of the 4th respondent therein namely the Patancheru Enviro Tech Limited (PETL) and 5th respondent, the Progressive Effluent Treatment Plant Limited (PETPL) Bollaram, to direct the official respondents to prevent all the industrial units from discharging the effluents indiscriminately, to declare the action of the official respondents in permitting to establish and function the above said respondent No. 4 and 5 without the facilities to treat the effluents discharged by various industries located in Patancheru and Bollaram industrial areas as illegal and arbitrary, to declare the action of the official respondents in permitting the above said respondents 4 & 5 in letting out the untreated effluents into the water courses ultimately polluting the river Godavari as illegal and arbitrary and to constitute a Committee of Experts from various walks of life to identify the problems and suggest solutions for purifying the river Godavari as well as all the water courses which are being polluted. The said Writ Petition also came to be transferred to this Tribunal and numbered as Application No. 82 of 2013.

Application Nos. 86 to 89 of 2013

Four of the individual residents of Patancheru have originally filed Writ Petition Nos. 18074, 18088, 18163 and 18808 of 2002 on the file of Hon'ble High Court of Andhra Pradesh at Hyderabad for a direction against the official respondents therein namely the State of Andhra Pradesh, District Magistrate and Collector, Medak and Andhra Pradesh State Pollution Control Board to conduct a Joint Survey by the Departments of Agriculture, Animal Husbandry and Ground Water Departments to assess the extent of damage to the lands due to the effluents flowing through Nakkavagu on the banks of which the applicant's lands are located and also by the untreated discharge by the Common Effluent Treatment Plant (CETP) into the natural drain of Nakkavagu and consequently to pay compensation on the basis of such joint survey. These said Writ Petitions were also transferred to the Tribunal and numbered as Application Nos. 86 to 89 of 2013.

Application No. 91 of 2013

Mr. Dost Mohammed Osman of Secunderabad has filed Writ Petition No. 23534 of 2002 on the file of the High Court of Andhra Pradesh praying for a direction against the District Collector, Medak to get the Ramnagar farm especially in the area of 30 acres under Komati Kunta surveyed and thereafter direct the erring industries stated in the Annexure III of the Writ Petition, situated in the neighbourhood of Ramnager farm at Rudraram as well as Isnapur lake to pay compensation for the last 2 years, to assess the losses and the damage caused to the soil in the lake bed as well as the agricultural lands on the survey effected by Joint Inspection Team consisting of Agriculture, Animal Husbandry, Fisheries and Ground Water Departments and to direct the Pollution Control Board to take effective steps under the Environment (Protection) Act, 1986 to either close down the polluting industries or to abate the pollution by installation of effective treatment plant for neutralising the trade effluents before letting them into the natural streams and water bodies. The said Writ Petition also came to be transferred to this Tribunal and numbered as Application No. 91 of 2013.

Application No. 190 of 2016

Mr.M. Chandra Sekar Reddy of Borpatla Village has filed the above said application before this Tribunal to restrain the authorities from setting up of the new unit of M/s. Aurobindo Pharma at Borpatla village, HathnoorMandal, Medak District, to award compensation amount collected by the State Pollution Control Board from the polluting industries under the "polluter pays principle" which is lying with the District Judge, Medak District, awaiting disbursement to the affected farmers in accordance with the earlier Supreme Court and High Court orders, to direct the Industries to set up a Hospital facility to treat Geo-Chemical diseases at Patancheru, Medak District in accordance with the earlier orders of the High Court, to direct State authorities to take up remediation of the lakes polluted by the pharmaceutical industries in Patancheru, Bolaram and the surrounding areas on priority basis by creating an Ecological Fund to meet the expenses, to monitor the functioning of the Common Effluent Treatment Plant (CETP) the Land Fill Facility (TDSF) and to stop the usage of 18 km pipeline for transferring the Industrial Effluents from Patancheru CETP to Amberpet STP in accordance with the Basel convention on Hazardous Wastes.

Application No. 192 of 2016

This application came to be filed by Mr. Venkat Reddy of Isnapur Village for directing the authorities to stop the effluents flowing from the neighbouring Pasamailaram IDA, into the Isnapur tank namely Peddacheruvu, to get the area surveyed by the Joint Inspection Team comprising of the Department of Agriculture, Veterinary, Ground water, Pollution Control Board under the chairmanship of the District Collector and assess the damage and pay compensation under the 'polluter pays principle', to direct the Industries to set up a Hospital facility at Patancheru, Medak District to treat Geo-Chemical diseases as directed by the High Court of Andhra Pradesh to the State Authorities, to take up the remediation of the lakes polluted by the pharmaceutical industries in the Patancheru, Bolaram and the surrounding areas, on priority basis by creating an Ecological Fund to meet the expenses, so as to prevent the flow of these effluents downstream in more intense form due to chemical reaction, to the functioning of the Common Effluent Treatment Plant (CETP) and the Land Fill Facility (TDSF) and to stop the usage of 18 km pipeline for transferring the Industrial Effluents from Patancheru CETP to Amberpet STP, in accordance with the Basel convention on Hazardous Wastes.

After hearing the parties on 02.09.2015, the Tribunal felt that for proper adjudication of the issues involved in these cases, the Central Pollution Control Board (CPCB), Patancheru Enviro Tech Limited (PETL) and Bulk Drug Manufacturers Association of India (BDMAI) must be heard. Accordingly in our order dated 22.12.2015, we have impleaded the said three parties as respondents. Further on an application filed in MA No. 314 of 2015 in Application No. 90 of 2013 to implead Jeedimetla Effluent Treatment Limited the said party was also impleaded as respondent as per the order dated 16.12.2015. It is also relevant to note that on behalf of the State Pollution Control Board, a memo was filed stating that in places where Government of Andhra Pradesh and Andhra Pradesh Pollution Control Board are made as respondents, they should be called as Government of Telangana and Telangana State Pollution Control Board respectively. Accepting the said memo, in our order dated 06.11.2015, we have made it clear that wherever Government of Andhra Pradesh is mentioned it should be read as Government of Telangana and wherever Andhra Pradesh State Pollution Control Board is mentioned it should be read as Telangana State Pollution Control Board.

The issue involved in these cases is having a chequered history, both while pending in the Hon'ble Apex Court, before the Division Bench of the Andhra Pradesh High Court and this Tribunal. The issue started way back in 1989 when an Advocate at Sangareddy, Mr. C. Pratap Reddy addressed a letter dated 08.12.1989 to the Hon'ble Chief Justice of India complaining about the plight of thousands of villagers in and around Patancheru and Bolarum Industrial Area of Medak District of the erstwhile Andhra Pradesh (presently Telangana State). The said letter was based on a report in the Telugu Daily "Eenadu", Medak edition dated 07.12.1989. The said letter stated that at Patancheru in the Medak District which is an industrial area stated to be one of the largest in India, a township on NH-9 (Hyderabad-Bombay) about 30 Km from Hyderabad, the industrial establishments therein have been causing pollution for nearly 10 years without even setting up any effluent treatment plant to treat the trade effluents and such untreated effluents being discharged in the water area. He has also stated that on account of the said pollution, the Villages viz., Pocharam, Kancherla, Inole, Chidruppa, Byathole, Ismailkhanpet, Arutla, Bachugudem of Patancheru Mandal and Sultanpur and Kistareddypet under Bolarum industrial area are affected and thousands of acres of fertile lands have become waste by polluted water, resulting in loss of livelihood of villagers. The drinking water has become completely polluted by seepage of industrial pollutants and cattle died consuming stagnated polluted water. He has also complained that by inhaling polluted air and drinking polluted water, people are affected with numerous types of ailments and infections. In Patancheru and Bolarum areas 100 tanker load of polluted industrial water is being released from the factories and therefore he requested the Hon'ble Chief Justice of India to treat the said letter as writ petition and render justice to the people.

The said letter was forwarded by the Hon'ble Chief Justice of India to the Hon'ble High Court of Andhra Pradesh, with a request to treat the same as a Writ Petition and take action in accordance with law. Accordingly, the Hon'ble High Court of Andhra Pradesh has taken it on the file as W.P.No.1675 of 1990. An order came to be passed in the said writ petition along with other pending writ petitions in the High Court in W.P.No.5862, 5839, 5941, 6930, 7309, 8847 and 7026 of 1989, impleading the Andhra Pradesh State Pollution Control Board (Board) which has filed an elaborate report regarding the activities of the industries in the area and environmental problems created by them. The High Court has also directed issuance of notice to the Municipal Corporation/Metropolitan Water Works-cum-Sewerage Board, apart from directing general notice to all the industries in the four industrial areas viz., Patancheru, Bolarum, Jeedimetla and Nacharam. Accordingly, a public notice was issued in the newspapers stating that the issue will be considered on 09.04.1990. As the Board was unable to complete the process of determining the cost of Common Effluent Treatment Plant (CETP) and it was in the process of determining the cost and there has been agitation by the public and other organisations, the High Court heard elaborately all concerned on 09.04.1990 and 10.04.1990 and passed an elaborate order on 10.4.1990 by issuing interim directions regarding various industries.Based on the report of the Board, to ascertain as to whether the modified directions issued by the Government have been complied with by 15 industries, the High Court has appointed a Committee of Experts comprising (i) Sri O.S. Reddy, Retired Professor, Osmania University (2) Sri P. Ramaiah Naidu, Retired Chief Engineer, Public Health, former Member-Secretary, Pollution Control Board and (3) Sri Sriramulu, Professor, Jawaharlal Nehru Technological University. The High Court has also directed the said Committee to submit its report to the Government in respect of 15 industries with a direction to the Government to pass appropriate orders on receipt of the said report and in the event,any of the industries failing to implement the order of the Government, to close those industries. The Bench has also referred to the number of industries identified by the Pollution Control Board as 18 as red category which are recalcitrant industries against which the Government has passed orders of closure in respect of 11 industries on 15.05.1989. A batch of Writ Petitions in W.P Nos. 1967, 1969, 2056, 2058 and 2357 of 1989 appears to have been filed by 10 of these industries which are stated to have been disposed of by the High Court on 05.09.1989 with various directions including the arrangement to discharge the effluents in respect of 6 units into the S. Main down-stream Hussainsagar only upto 31.03.1990 within which time the setting up of CETP should be completed. The Bench has taken note of the fact that in spite of such order the CETP has not been completed and therefore directed all the ten industries i.e., (1) Rama Organics, Bolaram, (2) M/s Fur Fur Chemicals Limited, Bolaram, (3) M/s Prasad Drugs Private Limited, Bolaram, (4) M/s Plant Organics Limited, Bolaram, (5) M/s S.R.P. Chemicals (P) Limited, Bolaram, (6) M/s S.P.S Drugs Private Limited, Bolaram, (7) M/s A.P. Met Engg. Limited, Bolaram (8) M/s Prabhava Organics (P) Limited, Bolaram, (9) M/s Vasista Organics (P) Limited, Bolaram and (10) M/s Vipla Organics (P) Limited, Bolaram to be closed, directing the Board that only after CETP started functioning the Board shall pass orders regarding those industries.

The Bench of the High Court consisted of Jeevan Reddy, J (as His Lordship then was) also observed that the drastic measure of 'closure' was passed by the Government, against which the industries moved the High Court and inspite of the directions given, the industries have not cared to dispose of the effluents in a proper manner. The Bench has observed as follows:

"It is true industrial development is important. But we believe that human life is more important. Industrial development cannot be at the cost of human beings. It then becomes counter-productive. The situation in this area has already assumed alarming proportions. The surface water as well as ground water in the area covering about 14 to 15 villages has become thoroughly unfit for human consumption."

In addition to the above said finding that the groundwater has become potable which was due to recalcitrant attitude of these industries, the High Court directed the District Collector, Medak to take immediate steps to supply drinking water to the residents of the Villages which shall be continued until further orders. Ultimately the Division Bench has held as follows:

"We may reiterate that hearing of this matter has created an alarm in our minds as to the dangerous proportions of the problem and its effects on human beings, cattle, land, air and water. We are afraid, in our mad race for industrialisation and industrial prosperity, we have forgotten the man somewhere along the way. The promoters, the financing bodies and even the public corporations like A.P. Industrial Infrastructure Corporation, A.P. Industrial Development Corporation, A.P. Small Scale Industries Corporation and the Industries Department of the Government do not appear to have been conscious of, or at any rate cognisant of the consequences arising therefrom. Finance was provided, subsidies were given and all types of concessions extended to establish, nurse and encourage these industries but no steps were taken at any rate no meaningful steps were taken, for effective disposal of effluents and industrial wastes, even after their pernicious consequences have become evidence. The response has not been equal to the task. We do not think that it ought to be so. We hope and trust that the financing bodies and all the public corporations will take due notice of these emerging problems at least now and take prompt steps for rectifying the situation. They shall also keep the same in mind while allowing establishment of new industries in the area."

That was the dimention of the order of the Bench of the Andhra Pradesh High Court dated 10.4.1990. It is stated in the present applications that the condition of groundwater in the area and the life of people remain the same even after passage of more than 25 years. It is in this background, the above applications are decided by this Tribunal, after hearing the learned counsel appearing for the parties.

Before proceeding with the issues involved in these cases, it is relevant to refer to some of the historical background of the area. Patancheru Township is stated to be situated on both sides of the National Highway. The Industrial Belt viz., Industrial development Area, Patancheru situated at Patancheru and Bollaram has come up later on at a distance of 2 km away. It was pursuant to the Industrial Policy declared by the Government of India in 1952, the Government of Andhra Pradesh established Industrial Estate at Patancheru by developing infrastructure in the said area. The Government of Andhra Pradesh for promoting the Industrial Policy has floated various Government Corporations, including the Andhra Pradesh Industrial Development Corporation and Andhra Pradesh Small Scale Industrial Development Corporation etc., during the year 1960 - 1970. In 1974 the Government of Andhra Pradesh has floated Andhra Pradesh Industrial Infrastructure Corporation Ltd,(APIIC) and all the Industrial Estates under the control of the Industries Department were transferred to the said Corporation which started acquiring huge lands to encourage entrepreneurs.

After the United Nations Conference on the Human Environment at Stockholm in 1972 the Stockholm Declaration was made to which India is a signatory and the Nations which are the members of the Declaration have agreed for fundamental right of life in an environment of quality and to halt discharge of toxic substances into environment. The Government of India, through Parliament, has enacted Water (Prevention and Control of Pollution) Act, 1974 with the object of preventing pollution of rivers and streams for maintaining or restoring wholesomeness of such water courses. It is under the said Act, the Government has constituted the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCB) for each State and made it an offence for anyone to discharge trade effluents into waterbody. It was due to the proximity of Hyderabad and Manjira river water, large number of industrial units have come up in Patancheru area between 1975 and 1983 in various places. It is stated that Nakkavagu which is a stream flowing in Patancheru Mandal, originates at Bhanoor village and after travelling a distance of 25 KM, it conjoins with Manjira river in the downstream which in turn confluences with Nizamsagar after passing through patancheru, pocharam, Bachugudam, Gandigudem, Ganapathigudem, Peddakanjerla, Chinnakanjerla, Arutla, Chidrappa, Ismailkhanpet, Gondicherla, Erdanoor and Machanoor and ultimately in Godavari river, which is the largest perennial river in south India. It is stated that on the banks of Nakkavagu, there are 15 riparian Villages and the chemical units which have come up in large number in Patancheru have started directly or indirectly discharging their trade effluents into Nakkavagu in these years. Number of large scale and small scale industries, mostly chemical in nature, have come up which have discharged their effluents in Nakkavagu and various kuntas and water bodies. The industries which have come up in the area include paper and cellulose manufacturing units, apart from chemicals, drugs, pharmaceuticals, tanneries and distillery units. The seepage caused to the drinking water sources by virtue of the unscientific discharge of trade effluents has resulted in polluting the water bodies in the area and damaging not only human beings but also cattle, goats, sheep and other animals which are stated to have died due to the ill-effects of the contaminated water.

After the advent of the Environment (Protection) Act, 1986 pursuant to the Stockholm Declaration, 1972, which came into effect from 23.05.1986 the Central and State Governments are empowered to deal with the hazard caused by environmental pollution, by taking various measures. It is true that the Revenue Divisional Officer has invoked Section 133 of the Code of Criminal Procedure by issuing orders for abatement of nuisance directing closure of various industries during 1986 - 1987 against which the industries approached the High Court and various orders have been passed. There has been a direction by the High Court of Andhra Pradesh in W.P.No.4824 of 1987 filed by the villagers, directing the industries not to discharge effluents into Nakkavagu and also directed the District Collector to provide drinking water to the villagers. The Government of Andhra Pradesh has also invoked Section 5 of the Environment (Protection) Act, 1986 by virtue of the delegated power and issued notice to many industries which have again moved the High Court in which various directions were issued and ultimately in the batch of Writ Petitions in the order dated 05.09.1989 the High Court has directed six industries to discharge industrial effluents into S Main down-stream, Hussainsasgar as a temporary measure to neutralise effluents before discharge and directed the industries to take expeditious steps for completion of CETP before 31.03.1990 at Bolarum. As stated above, this was followed by the letter of Mr. C. Pratap Reddy, Advocate to the Hon'ble Chief Justice of India which culminated into the entertaining of WP.No.1675 of1990 in the Andhra Pradesh High Court wherein the Division Bench has passed order on 10.04.1990 as stated above, explaining the alarming situation based on materials.

Even after the directions issued by the Division Bench of the Andhra Pradesh High Court in W.P (C) No 1675 of 1990 dated 10.04.1990, the industrial units instead of following them, have only violated resulting in continuation of pollution of water bodies and illegal discharge of trade effluents inspite of the fact that many of the industries have alleged that they have constructed ETPs which are only in a hapazard and unscientific manner. It is stated that the leather tanning industries, distilleries, pesticide manufacturing units, cellulose manufacturing unit, paper mills and other drug industries which are all red category units, are dangerous in respect of their trade effluents and by virtue of the same, life of people living in the area has been endangered and this man made tragedy has resulted in contagious diseases causing physical sickness transferred to generations. Large number of people have met the Hon'ble Chief Minister and the District Administration demanding compensation for the damages caused to their livings. It is stated that the Mandal Revenue Officer, Sangareddy visited Arutla and other villages and assessed damage at Rs.1000/-per acre from 1984-85. However such survey was not done in respect of the villages of Ismailkanpet of Sangareddy Mandal, Erdanoor and Machanoor of Hathanoor Mandal while it has been accepted by the officers that there has been either total or partial crop loss in all the 15 affected villages.

The Hon'ble Supreme Court in the WP (C) No. 1056 of 1990 filed by Indian Council for Enviro-Legal Action represented by Prof. T. Sivaji Rao, has appointed National Environment Engineering Research Institute (NEERI), Nagpur to conduct a survey regarding environmental pollution caused by Patancheru and Bollaram industrial estates in the nearby villages of Medak District. NEERI has filed its report before the Hon'ble Supreme Court in 1992 and assessed the damage towards crop loss at Rs.149.60 lakhs and the total loss to be paid for seven years was estimated at Rs.3222.60 lakhs under various heads. It was based on the said report of the NEERI, the Hon'ble Supreme Court by order dated 10.11.1995 directed the Government of Andhra Pradesh to deposit an initial amount of Rs.28.34 lakhs in the High Court of Andhra Pradesh and directed the District Judge, Medak to submit the assessment report and also to ascertain the farmers who are entitled for compensation by determining the amount of loss. However when large number of villagers including the applicants numbering 119 in Application No 69 of 2013, have approached the authorities, they were informed that compensation will be paid only to those farmers in respect of whom the revenue officials submitted the report and the applicants in Application No 69 of 2013 whose names were not forming part of the report of the revenue officials, were denied compensation even though they have suffered enormous damage from 1984-85 till date of filling of the Writ Petition nearly for 11 years and according to the applicants the loss is calculated at Rs.1000/- per year as it is shown in the annexure attached to the said Application No. 69 of 2013 in respect of the applicants. It is stated that after the order of the Supreme Court came to be known, the applicants have made representations to the District Judge to pay damages towards loss of agricultural lands to them also. However they were denied the request of compensation on the ground that pollution level of the water and air have been contained. It was in those circumstances the villagers of Ismailkanpet, Erdanoor and Machanoor have filed separate Writ Petitions claiming the relief of compensation. Since the pollution caused by these industries which include tanneries etc., as stated above continues, the applicants have prayed for closure of the polluting industries in Patancheru area. The annexure-A attached to the original Writ Petition No. 3158 of 1996 which has been transferred and numbered as Application No. 69 of 2013 contains the particulars relating to the extent of land owned by each of the 119 applicants, survey numbers and compensation payable for 11 years from 1984-85 till the date of filing of Writ Petition in the High Court in 1996.

In Application No. 90 of 2013 which came to be filed originally as a Writ Petition in the Hon'ble Supreme Court of India in W.P (C) No. 1056 of 1990 by the Indian Council for Enviro-Legal Action through Prof. T. Sivaji Rao and others which was subsequently transferred to High Court of Andhra Pradesh and numbered as W.P(C) No.19661 of 2002 and ultimately transferred to this Tribunal and numbered as Application No. 90 of 2013, the applicants have arrayed originally before the Hon'ble Supreme Court, 55 industries as respondents which was subsequently increased to another 169 industrial establishments by way of amendment when the matter was pending before the High Court of Andhra Pradesh and subsequently two more industrial units were impleaded apart from another NGO namely Forum for better Hyderabad, a confederation of voluntary organisation through its Chairman Capt. Rama Rao. Jeedimetla Effluent Treatment Ltd rep. by Mr. G.K.B Chowdary was also added as a respondent as per our order dated 16.12.2015 . The applicants have stated that by discharge of toxic effluents into water and noxious gaseous emissions into air by chemical industries, hundreds of acres of agricultural land in 14 villages forming part of Patancheru, have become totally useless and thousands of standing trees have withered away, more than 1500 animals have died and large number of people were affected by different types of diseases like epilepsy, asthma, skin disease, throat, tuberculosis, cancer etc. The yielding of milk by the cows have come down resulting in most of the people having lost their means of livelihood and even 140 feet deep wells contain polluted water. It is stated that continuous discharge of industrial effluent into Nakkavagu has turned the stream into a drain carrying toxic industrial waste. The 14 villagers who are affected as per the applicants are Chitkul, Chidruppa, Sultanpur, Erdanoor, Arutla, Byathole, Gandigudem, Pocharam, Ganapatigoodem, Ismailkhanpet, Inole, Lakdaram, Bachigudem and Peddakanjarla all in patancheru areas. Despite protest by people, neither the State Government and State Pollution Control Board nor the Central Government have taken any action and the polluting industries have been continuously violating the environmental norms by discharging toxic effluents and emitting gaseous emissions. Maintenance of wholesomeness of water for drinking purpose of people is the basic right of citizens and a duty is cast on the Governments to maintain and supply water being a national resource. It is stated that the effect of acidic effluents and gaseous emission are experienced even 25 km away from the city of Hyderabad on the Bombay Highway. When the area was developed by the APIIC, the necessity of providing sewer system and other environmental considerations has been totally disregarded.

It is because of the wrong siting of industries and failure to provide adequate waste disposal system and pollution control measures, the entire population in the area have become victims. The effluents discharged by these industries flow into Nakkavagu and the downstream areas have become highly polluted affecting agricultural land and the Nakkavagu joins Manjira River which in turn joins Nizamsagar which is the main source of drinking water supply to large number of people residing in the twin cities of Hyderabad and Secundrabad. Agriculture being the only means of livelihood for inhabitants of villages who cultivate at least 3 crops a year, has been lost as the lands have become uncultivable because of severe pollution. About 17 bore wells in pocharam area are out of use with a high Nitrate content which is stated to be the cause for stomach cancer and other diseases. Lakadaram village which was once famous for fishes has lost its source of income because of the toxic effluents and the fishermen community are totally doomed. In the absence of alternative drinking water facility, people are made to walk miles together for fetching drinking water. It is also stated that due to pollution large number of people have become victims of conjunctivitis, skin diseases, fever, water borne diseases, cancer etc. It is stated that a survey was conducted by the Zonal Health Officer for 4 villages which show alarming increase in the morbidity rate. The details are given in the annexure -I of the application.

It is the further case of the applicants that extensive seepage and percolation of effluents in to groundwater and spread into aquifer has made water highly acidic and dark coloured. The streams have become poisonous sewer. The pollution caused in Nakkavagu has gone into the Manjira River ultimately affecting the Nizamsagar. It is stated that about 50000 people living in 14 villages have become victims of environmental pollution. The applicants have also relied upon an article published in the Hindu on 27.09.1987 with the caption "Mass crime against pollution". Inspite of the statement made by the then Hon'ble Chief Minister Sri. N.T. Rama Rao in 1986 that as a short term measure the effluents should be collected and transported to a place for disposal without creating environmental problem, no industry has come forward to implement the same and government has also not taken any further action with regard to the same. Even in a meeting held in the Chambers of the District Collector on 26.05.1989, it was made clear that Nakkavagu stream has become polluted, unfit for agriculture because of the discharge of industrial effluents. The collector has also informed that a team of officials have estimated Rs 28.34 lakhs as loss. When the people of the affected villages have not been provided with potable drinking water and there was agitation, a decision was arrived at to frame a scheme to be submitted to the Government for the supply of potable drinking water to all the affected villages. Such supply was made for a short period and subsequently discontinued. The District Collector has agreed to recommend to the Government for the payment of compensation and damages assessed to the tune of Rs 28.34 lakhs as it is seen in the reports of Revenue Division Officer (RDO) and Mandal Revenue Officer dated 21.04.1989 and 27.04.1989. The said amount assessed by the authorities is far less than the actual damage. The applicants have also relied upon a study made by the Academy of Gandhian Studies released in the form of the report called "Status of Environment in Andhra Pradesh Citizens Report, 1990". The report also states that in Sultanpur there were deaths due to brain tumour which is abnormal and there are frequent cases of bronchitis, asthma, and other respiratory ailments. The applicants have referred to various activities of public spirited people against the environmental disasters and also stated that the Union Minister for State for Planning has visited the affected villages on 27.09.1990 and assured that the matter will be referred to the Prime Minister of India. The applicants have also referred to various provisions of the Constitution of India apart from Water and Air Act and Environment (Protection) Act, 1986, Hazardous Waste (Management and Handling) Rules, 1989, Health Policy of the Government, Industrial policy of the government apart from various provisions of Indian Penal Code. With the above averments, the applicants have made the prayer as elicited above.

Dr. A. Kishan Rao & ors in their Writ Petitions originally filed before the Hon'ble High Court of Andhra Pradesh in W.P (C)No.15668 of 1997 which after having been transferred to this Tribunal, came to be numbered as Application No. 82 of 2013, has stated that when Medak District was declared as a backward district, the proposal for industrialisation of the district was announced and thereafter financial institutions have offered financial assistance to various industries and ultimately the APIIC came into in existence in 1977 and thereafter the government has established an industrial estate in 4 phases in an area of 1091.68 ha. Except second phase, all other phases are located in the north eastern side of the National Highway. The APIIC has provided plots, and access apart from the electricity supply and the size of the plots ranges from 0.05 ha to about 25 ha. However the corporation failed to envisage the need for disposing industrial effluents which has resulted in the present status by establishment of industries by indiscriminately spreading over the areas of Bollaram, Chinnaram, Pashamailaram, Sangareddy, Sadasivapeta, Bonthipally within 50kms. The units are mostly pharmaceutical and chemical industries discharging toxic effluents and hazardous waste. It was after a prolonged struggle by the people in the area it was suggested to have a Common Effluent treatment plant (CETP) and accordingly Pathancheru Enviro Tech Ltd (PETL) and Progressive Effluent Treatment Plant Ltd (PETPL) at Bollaram came into existence. The PETL was initially promoted by a group of 7 industries with a common objective of providing a full-fledged facility for collection, treatment and disposal of industrial wastewater generated in the Industrial development Area, Patancheru. The plant was designed to collect and treat 10000 m3 per day and the member industries are to provide necessary treatment of the effluents in their own premises before letting into the PETL.

However the member industries without pre-treatment have transported effluents in tanker lorries into PETL. The PETL which was expected to have two sections of treatment system, one called anaerobic digester designed to remove 70 percent of Biological Oxygen Demand (BOD) and second aerobic section. It is stated that the PETL has not commissioned the anaerobic digester with the result the entire effluents were treated by aerobic system in the second section namely aeration tank directly. Therefore the treatment was not proper and scientific and consequently the effluents were pumped out into Nakkavagu. It is stated that the members of the PETL are supplying around 40000 tankers per month and PETL could reduce BOD from 5000 to 1000 mg/L i.e., 80-85 per cent. It should also reduce the suspended solids by less than 30mg/L which is the standard prescribed by the State Pollution Control Board. But the PETL is unable to achieve the target as the first section of the anaerobic digester has not been commissioned even in 1997, at the time of filing of the Writ Petition. It is admitted that the effluents were diverted to Nakkavagu at the rate of 1105 cubic meters per day and that the water totally became useless for irrigation of lands or for consumption by the human beings. The PETPL at Bollaram is also working in a similar condition. The industries at Bollaram are the manufacturers of medicines and during the process they discharge hazardous waste and most of the industries are established under the licenses of foreign companies and the manufactured medicines are exported and in the process let out hazardous waste spoiling the entire area. Ultimately it is for the sake of money that the industries were allowed to establish at Bollaram and Pattancheru. It is further stated that the industrial establishments situated in the industrial estates were running without adequate infrastructure.

It is stated that PETL is directly discharging effluents into Bayyannavagu which is known as Chinnavagu. The said Chinnvagu joins Nakkavagu at Pocharam village and then Nakkavagu joins Manjira River at Goudicherla village and finally Manjira river joins at Nizamsagar dam, ultimately to Godavari river. It is stated that the PETPL namely the 5th respondent has diverted effluents into a small tank called Asanikunta and the water from the said kunta after overflowing join Kistareddypet cheruvu. Similarly industries established at Kasipally Reserve Forest discharge effluents into Gandhicheruvu and from there it goes to Kishtareddypeta cheruvu and ultimaterly join in Pomulavagu. The said Pomulavagu joins Nakkavagu at Batchugudam Village and as stated above ultimately the pollution reaches the river Godavari.

It is stated that neither PETL nor PETPL are complete as on date and the establishment of CETP is in a very primary stage. Therefore the creation of the PETL and PETPL are only for concentration of effluents pumped by hundreds of industries in Andhra Pradesh, Maharashtra and Karnataka. The 4th and the 5th respondents namely PETL and PETPL respectively have not achieved the target for which they were created. It is stated that they are charging Rs 10455 per Metric tonne i.e., one tanker load and therefore the plants are run more for profitable purpose rather than for environmental protection. It is the case of the applicant that the APPCB is hand in glove with the industries and no plan for protecting the environment has been drawn. The state government is also not taking any action. In spite of various statutory enactments for curtailing pollution such as Water Act, Air Act, Environment (Protection) Act, no one of the provisions of these statutes have been followed by the industries and the regulatory authorities have also not taken any steps. It is stated that neither the Pollution Control Board nor the state Government has brought the correct picture to the notice of Hon'ble High Court. Even the PETL and PETPL have not been given proper license by the SPCB and in fact the Board cannot give such license to such companies which are devoid of any scientific system.

In Application No 91 of 2013 which was originally filed as W.P (C) No. 23534 of 2002 before the Hon'ble High Court of Andhra Pradesh, Mr. Dost Mohammad Usman, a Mechanical Engineer who lived in the United States and returned to Andhra Pradesh after passing away of his father owned Ramnagar farm measuring 125 acres including a water body called Komatikunta covering an area of 18 acres at Rudraram village, Medak district situated at a distance of about 30 kms from Hyderabad. He has asked for the reliefs elicited above, as a qualified plant engineer making design, construction, maintenance to prevent environmental pollution. It is his case that after he came down to India, grew cereals and vegetables in Ramnagar farm, the water body which got polluted in the year 2000 by the industrial effluents from two units namely M/s Pennar Steels and ITW Signot stated to be situated right across the road which is the NH-9 connecting Hyderabad to Bombay. In an extent of 30 acres, the ferric and the ferrous metals discharged by these units have entered into the water body and in fact the said industries have entered into a settlement for compensation to clean up the water body. During heavy rain in 2001, polluted water started flowing into Komatikunta from Isnapur lake which is situated in the Industrial Development Area (IDA) Phase-II of APIIC housing around 40 industries out of which 15 are chemical units including the major ones being M/s Aurobindho Pharma and M/s Newland laboratories whose discharge is stated to be to the tune of 50 percent of the total effluents discharged.

Invoking Article 21 of the Constitution of India guaranteeing right to life, the Writ Petition came to be filed not only for individual loss suffered by the applicant and his family at the Ramnagar farm at Rudraram village but as a large scale inundation of the water body as well as farm lands under irrigation are affected due to the flow of polluted water directly affecting the downstream tanks of Rudraram, Chitkul and Komatikunta. The applicant has also relied upon a report submitted by Prof. Y. Anjayaneyalu, Head of the Department of Environment, Institute of Postgraduate studies and Research, Jawarharlal Nehru Technological University (JNTU), Hyderabad in the year 2002. The report contains the detailed study of physio- chemical and biological quality of lake water, sediments surrounding groundwater and soil. The report gives alarming fact that pH of the sample analysis is ranging between 6.5 -9.0 indicating alkaline nature of water. The Total Dissolved Solids (TDS) value was on the higher side throughout the lake namely 20000 mg/L ranging in between 22150mg/L to 9105 mg/L.The alkalinity value ranged between 290 mg/L - 2160 mg/L while total hardness of the samples ranged between 300 mg/L -15000 mg/L and total hardness value were found to be 2000mg/L in the ground water sample. Fluoride concentration was found to be below 2 mg/L. The non bio-degradable organic contamination with Chemical Oxygen Demand (COD) values ranging from 720 mg/L to 990 mg/L and BOD values ranging in between150 to 400. The Nitrate and Sulphate values were again on the higher side ranging between 350 mg/L to 530 mg/L while Potasium values were found to be 100 mg/L. Therefore the TDS, COD, Nitrates, Sulphate, Flurides and Sodium were on the high value. The applicant has also raised about the preservation of wetlands like lakes, marshes and other water bodies based on Ramsar Convention.

Mr. Briji Mohan Agarwal and others who have filed independent Writ Petitions in W.P (C) No 18808 of 2002 etc which were subsequently transferred to this Tribunal and numbered as Application 89 of 2013 etc and who have sought for a joint survey to be conducted by the Departments of Agriculture, Animal Husbundary and Groundwater departments to assess the extent of damage due to the effluents flowing through Nakkavagu and also the nature of CETP, have stated that the Hon'ble Supreme Court has directed the State of Andhra Pradesh to deposit a sum of Rs. 28.34 lakhs in the High Court of Andhra Pradesh excluding a sum of Rs 7,49, 963, the sum already paid and has also directed the District Judge, Medak to submit a report on conditions of pollution in the area. It is stated that based on the report submitted by the District Judge on 27.01.1996, the Hon'ble Supreme Court has awarded a further sum of Rs. 43,77,625.50 towards compensation at Rs.1000 per acre in respect of 625 acres and15.5 guntas for the period from 1989-90 to 1995-96 since the earlier sum of Rs 28, 34,000 was to cover the period between 1984-85 to 1988-89. It is stated that four villages namely Arutla, Ismailkhanpet, Erdanoor, Machanoor and its hamlet Palpanoor which were left out by the Revenue authorities, have filed W.P Nos 3158 to 3161 of 1996 (Application No 69 to 72 of 2013). He has also referred to W.P (C) No. 1056 of 1990 filed before the Hon'ble Supreme Court and the said Writ Petitions namely 3158 to 3161 of 1996 then pending before the Hon'ble High Court of Andhra Pradesh were transferred to the Hon'ble Supreme Court of India as per the orders in the Transfer Petition No. 172 of 1996 and tagged with W.P (C) No 1056 of 1990. It is stated that as per the directions of the Supreme Court, a joint survey was carried out in 3 out of 4 villages namely Arutla, Ismailkhanpet, Erdanoor and a compensation amount of Rs. 63 lakhs was deposited by the District collector with the District Judge and the amount then disbursed in December, 1997. It is stated that even after the matters were transferred to the Supreme Court, another village namely Machanoor and its hamlet Palpanoor were left out by oversight. It is stated that the applicant is having 200 acres of land at Pocharam village in various Sy.Nos. which are situated on the banks of rivulet Nakkavagu which was contaminated and said lands are also adjacent to CETP at Patancheru which is not functioning to its optimum capacity. The applicant also relies upon a report of the CPCB dated 15.12.1997 to state that the natural drain of Nakkavagu has been polluted. He has also relied upon NEERI's report based on the study conducted during 4th to 6th January, 1997. Therefore various villagers having been approaching Hon'ble High Court and Hon'ble Supreme Court for survey of the affected areas based on which compensation amount have been fixed. It was in those circumstances, on the basis that the damages caused to his lands have not been assessed, the above application came to be filed.

M. Chandrashekhar Reddy of Borptla village has filed Application No 190 of 2016 with the prayer elicited above. While eliciting the historical background starting from filing of W.P (C) No 1056 of 1990 before the Hon'ble Supreme Court, and filing of the Writ Petitions in the Hon'ble High Court, has referred to the various judicial orders passed between 1989 to 2012 and the orders are pertaining to environmental health, compensation for loss caused to farmers, land, pollution of more than 23 lakes and water bodies in the industrial estate of Pattancheru, functioning of CETP and the controversial 18 km pipeline from Patancheru CETP to Amberpet STP carrying non-degradable industrial effluents. It is stated that no formal orders were passed in respect of landfill facility (TSDF) apart from creation of a permanent authority under the Environment (Protection) Act, 1986 to monitor the levels of pollution at Patancheru and at Bollar

It is the specific case of the applicant that Borpatla village was never before the Hon'ble Supreme Court or before the Hon'ble High Court or before this Tribunal in any of the batch of cases and therefore on behalf of the said villagers, the above application came to be filed for the first time placing reliance on NEERI report, 5 reports of the District Judges, 3 health survey reports, 2 NGO reports, one joint report of the APPCB and CPCB , joint action plan prepared by the APPCB and CPCB and 9 reports of the APPCB. The environmental litigation spanning over 2 decades spread over 60000 acres with atleast 23 lakes and water bodies covering 23 Panchayat villages along with Nakkavagu, a tributary of river Manjira which ultimately joins river Godavari involving more than 200 pharmaceutical industries manufacturing bulk drugs for international markets and controlling 40 percent of the world export market for bulk drugs have been transferred to this Tribunal for adjudication. It is stated by the applicant that in respect of Borpatla village compensation amount is lying with the District Judge, Medak, and that should be directed to be distributed.

Likewise, Mr.Venkat Reddy of Isnapur village has filed Application No 192 of 2016 for the prayer as stated above and the survey to be conducted for the purpose of assessing the damages caused to the Isnapur of Peddacheruvu and award compensation for the people of Isnapur village after assessing the damages by the committee to be constituted.

The Andhra Pradesh State Pollution Control Board in its reply filed in W. P No. 1675 of 1990 in the High Court of Andhra Pradesh dated 26.02.1990 has stated that Patancheru Industrial Estate is located 25 km away from the city on Hyderabad - Mumbai National Highway and it was established by the Government of Andhra Pradesh in 1962. After formation of APIIC in the year 1974 Patancheru was developed as a major industrial centre. The industrial area was developed in five phases. There are 276 units in the industrial area in the five phases put together. The five phases start from Ramachandrapuram village boundary opposite to ICRISAT and spread over vast stretches of land on the East, West and Southern side of Patancheru village. Andhra Pradesh State Pollution Control Board was established in the year 1976 after the establishment of the industrial estates. The topography of lands, industrial storm water courses and drains show that waste water let out by these industries finally find their way into Nakkavagu wherein water flows normally for the period of 4 to 6 months in a year and in the rest of the period, the industrial effluents flow into the water courses affecting groundwater in the areas adjacent to Nakkavagu.

It is stated that the Board has taken various steps to control pollution in the industrial area concerned, orders were passed both under the Water Act and Air Act in respect of the industries bringing them within the purview of the statutes. Wherever Effluent Treatment Plants were not there, the Board has stipulated time limit for commissioning such plants as well as the Air Pollution Control Equipments by making it as one of the conditions in the consent orders. With the limited resources and staff, Board was able to persuade to some extent the industries through field visits and meetings. As the industries have not heeded to the request made by the Board, the Board had to invoke its power under Section 33 (1) of the Water Act, 1974 during 1985-86 against 25 industries in Patancheru and Bollaram area namely:

M/s. Charminar Paper Limited, Pathancheru

M/s. Standard Organics Limited, Pathancheru

M/s. Dexo Labs Limited, Pathancheru

M/s. Reliance Cellulose Products Limited, Pathancheru

M/s. C.P.C Pharmaceuticals Limited, Pathancheru

M/s. Saibaba Cellulose Product Limited,Pathancheru

M/s. Deccan Drugs Limited, Pathancheru

M/s. Deccan Leather Limited, Pathancheru

M/s. Shani Paris Rhone Limited, Pathancheru

M/s. Bhagyanagar Oil Industries, Pathancheru

M/s. Medak Stainless Steel Limited, Pathancheru

M/s. Vidyuth Steels Limited, Pathancheru

M/s. Asrani Tubes Limited, Pathancheru

M/s. M.C.A. Chemicals Limited, Pathancheru

M/s.Nagarjuna Paper Mills Limited, Pathancheru

M/s. K.P.Galetin Private Limited, Pathancheru

M/s. Coorg Chemicals Limited, Pathancheru

M/s. Premier Tubes Limited, Pathancheru

M/s. Libra Chemicals Limited, Pathancheru

M/s. Benzex Labs Limited, Pathancheru

M/s. Dr. Reddy 's Labs Limited, Pathancheru

M/s. Plant Organics Limited, Pathancheru

M/s. Nagarjuna Chlorides, Pathancheru

M/s. Sushan Chemicals Limited, Pathancheru

M/s. Arnady Labs Limited, Pathancheru

A meeting was conducted in the Samithi office at Patancheru on 07.03.1986 in which the District Collector, Medak District, Member Secretary of the Board, Joint Director of Industries Department, Rangareddy District, Patancheru Panchayat Samithi President, elected representatives, public representatives apart from representatives of the industries have participated. In the said meeting certain decisions were taken to solve the pollution problem in Nakkavagu on priority basis and as a short term measure, it was decided to transport effluents to Effluent Treatment Plants (ETPs) located in BHEL and IDPL for treatment and the industries were advised to transport their effluents after neutralisation to the municipal sewers at Kavadiguda. It was further decided in the meeting that Nakkavagu cannot be treated as a drain and should be protected from pollution created by the industrial effluents. All the industries in Patancheru and Bollaram were advised to form an association and pursue the installation of a common ETP for Patancheru and Bollaram areas for which the District Collector and the Board will give all assistance. It is stated that 17 industries were identified for transportation of effluents from Patancheru which are as follows:

M/s. Standard Organics Private Limited,

M/s. Dexo Labs (P) Limited,

M/s. Reliance Cellulose Product Limited,

M/s. Charminar Paper Private Limited,

M/s. Saibaba Cellulose Industries Limited,

M/s. Deccan Drugs Limited,

M/s. Deccan Leather Limited,

M/s. Bhagyanagar Oil Refineries,

M/s. M.C.A. Chemicals Limited,

M/s. Libra Chemicals Private Limited,

M/s. Indo Pinscil Private Limited,

M/s. National Chemical Limited,

M/s. Asrani Tubes Private Limited,

M/s. Premier Tubes,

M/s. Vidyuth Steels Limited,

M/s. Medak Stainless Steels,

M/s. Hyderabad Confectionaries Limited,

It is stated that on 08.03.1986 there was another meeting on a request made by a Member of Legislative Assembly in which it was decided to accept the proposal of transporting all effluents from industries in order to prevent the pollution of Nakkavagu. The Board states that in spite of those decisions the industries did not take any positive action. In the meanwhile the Board has identified about 22 industries creating nuisance of the water pollution by discharging effluents into Nakkavagu either directly or indirectly. The said 22 industries are as follows:

Sl.No

Name of the industry

Date of action

Date of action for u/s 133 Cr.P.C. closure.

01

M/s. Standard Organics Limited.

19.07.1986

02.08.1986

02

M/s. Reliance Cellulose Products Ltd

19.07.1986

02.08.1986

03

M/s. M.C.A. Chemicals Limited.

19.07.1986

13.08.1986

04

M/s. Charminar Paper Limited.

11.08.1986

16.08.1986

05

M/s. Dexo Laboratories Limited.

11.08.1986

11.08.1986

06

M/s. Sri Saibaba Cellulose Products.

11.08.1986

30.10.1986

07

M/s. Deccan Leather Limited

11.08.1986

11.08.1986

08

M/s. Deccan Drugs Limited.

11.08.1986

04.08.1986

09

M/s. Libra Chemicals Private Ltd

11.08.1986

16.10.1986

10

M/s. Bhagyanagar Oil Refineries Ltd

11.08.1986

16.10.1986

12

M/s. Medak Stainless Steels Limited.

11.08.1986

16.10.1986

13

M/s. Coorg Chemicals.

11.08.1986

16.10.1986

14

M/s. Premier Tubes Limited.

11.08.1986

18.10.1986

15

M/s. Volrho Limited.

19.07.1986

16.08.1986

16

M/s. Novopan India Limited.

19.07.1986

12.08.1986

17

M/s. P.J. Chemicals Limited.

11.08.1986

16.08.1986

18

M/s. CPC Pharmaceuticals.

19.07.1986

------

19

M/s. Vidyuth Steels Limited.

19.07.1986

02.08.1986

20

M/s. Asrani Tubes Limited.

11.07.1986

30.10.1986

21

M/s. Nagarjuna Paper Mills Limited

11.07.1986

30.10.1986

22

M/s. K.P. Gelatine Limited

11.07.1986

30.10.1986

The said industries have no full-fledged ETP except M/s. Volrho Limited which is stated to be depositing its effluents in an evaporation pond. However the said company has started manufacturing 48 types of Phorates (Pesticide) and the same effluent disposal system was used and because of the inadequacy of the system, mercaptans got released from both sources creating pungent toxic odour in the neighbourhood. According to the Board there are no adequate powers available under the Water and Air Act to effectively treat the defaulting industries and any prosecution under the said Acts are bound to take many years for disposal. It was in those circumstances at the instance of the Board, the Government and the District Collector, directed the Revenue Divisional Officer (RDO), Sangareddy to take action against the said 22 industries under Section 131 of the Code of Criminal Procedure. Accordingly the Sub Divisional Magistrate has directed the closure of the units. Out of the said 22 units the following 17 units have approached the High Court and obtained order of stay.

M/s. Standard Organics Limited.

M/s. Reliance Cellulose Products Limited.

M/s. M.C.A. Chemicals.

M/s. Charminar Paper Limited.

M/s. Dexo Laboratories Limited.

M/s. Sri Saibaba Cellulose Products Limited.

M/s. Deccan Leather Limited.

M/s. Deccan Drugs Limited.

M/s. Libra Chemicals Limited.

M/s. Sahney Paris Rhone Limited.

M/s. Bhagyanagar Oil Refineries Limited.

M/s. Medak Stainless Steels Rolling Limited.

M/s. Coorg Chemicals Limited.

M/s. Premier Tubes Limited.

M/s. C.P.C. Pharmaceuticals.

M/s. Asrani Tubes Limited.

M/s. Nagarjuna Paper Mills Limited.

The High Court has ultimately disposed all the Writ Petitions in March 1987 granting six months time to the 17 units for producing the appreciation certificate from the Board confirming the power of the Sub Divisional Magistrate to take action for closure thereafter.

It is stated that based on the Judgement of the High Court, the Sub Divisional Magistrate initiated action in September 1987 and ordered closure of the following units namely,

M/s Deccan Drugs Limited,

M/s Deccan Drugs Leathers (P) Limited,

M/s Libra Chemicals (High-tech Drugs and Pharmaceuticals)

M/s Reliance Cellulous (P) Limited and

M/s Saibaba Cellulous (P) Limited

The said industries have again approached the Hon'ble High Court and in respect of two units namely M/s Reliance Cellulous (P) Limited and M/s Saibaba Cellulous Limited, an Advocate Commissioner was appointed who has filed a report and in respect of other cases, the High Court agreed for transportation of the effluents by tankers to Municipal Sewer Treatment Plant, Amberpet for disposal. In the mean time Government of India has passed Environment (Protection) Act, 1986 which came into effect from 19.11.1986. The Government of India has delegated its powers under Section 5 of the said Act to the State Governments in February 1988 to enable the State Governments to give appropriate directions. Thereafter the Board has identified 7 'A' category and 27 'B' category industries in and around Patancheru which are as follows:

CATEGORY -A

M/s. Charminar Paper Limited, Muthangi,

M/s. Dexo Labs Limited, Pathancheru

M/s. Asrani Tubes Limited, Pathancheru

M/S. Reliance Paper & Board Mills (P) Limited, Pathancheru.

M/s. Bhagyanagar Oil Refineries (P) Limited, Pathancheru.

M/s. Standard Organics Limited, Pathancheru.

M/s. C.P.C. Pharmaceuticals Limited, Pathancheru.

CATEGORY -B

M/s. Banjara Chemicals Private Limited, Patancheru.

M/s. Ion Exchange (India) Limited, Water Treatment Chemicals Division, Patancheru.

M/s. Reliance Cellulose Products Limited, Patancheru.

M/s. Sri Saibaba Cellulose Products, Patancheru.

M/s. M.C.A. Chemicals, I.E, Patancheru.

M/s. Deccan Leather Limited, Patancheru.

M/s. Deccan Drugs Limited, Patancheru.

M/s. Hitech Chemicals &Drugs Limited, Patancheru.

M/s. Sheney Paris Rhone Limited, Patancheru.

M/s. Surana Strips Limited, Patancheru.

M/s. Coorg Chemicals, Patancheru.

M/s. Premier Tubes Limited, Patancheru.

M/s. Volrho Limited, Patancheru.

M/s. Novopan India Limited, Patancheru.

M/s. P.J.Chemicals Limited, Patancheru.

M/s. Vidyuth Steels Limited, Patancheru.

M/s. Nagarjuna Paper Mills Limited, Patancheru.

M/s. Venkataraman Chemicals Limited, near Patancheru.

M/s. Tent Cap Electronics Limited, Patancheru.

M/s. R.K. Industrial Chemicals, Limited, Patancheru.

M/s. Marathan Chemicals Private Limited, Patancheru.

M/s. Puinn Chemicals India (P) Limited, Patancheru.

M/s. Nagarjuna Steels Limited, Patancheru.

M/s. Gromor Chemicals Private Limited, Patancheru.

M/s. Asian Paints (India) Limited, Patancheru.

M/s. Sri Ambuja Petro Chemicals, Patancheru.

M/s. Asahi Chemicals Private Limited, Patancheru.

The Board has recommended the Government to initiate action by issuing necessary direction under Section 5 of the Environment (Protection) Act, 1986 and the Government has also issued notices to all these industries. As stated above, in the mean time looking into the gravity of the situation, the Sub Divisional Magistrate has passed orders in respect of 11 industries out of the 17 for which the High Court has delivered the Judgement in March 1987 as stated above. The eleven industries are:

1 M/s. C.P.C. Pharmaceuticals Limited, Patancheru.

M/s. Libra Chemicals Limited, Patancheru

M/s. Coorg Chemicals Limited, Patancheru

M/s. Shaney Paris Rhone Limited, Patancheru

M/s. Premier Tubes Limited, Patancheru

M/s. Dexo Labs Limited, Patancheru

M/s. Sri Saibaba Cellulose Limited, Patancheru

M/s. Standard Organics Limited, Patancheru

M/s. Reliance Cellulose Products Limited, Patancheru

M/s. Bhagyanagar Oil Refineries Limited, Patancheru

M/s. Charminar Paper Limited, Patancheru

However notice of closure could not be served on two industries namely M/s Sri Saibaba Cellulous (P) Limited, Patancheru and M/s Reliance Cellulous (P) Limited, Patancheru. Other 5 units namely 1. M/s. Chandra Pharmaceuticals, Rudraram (WP No. 8847 of 1989), 2. M/s Hi-Tech Chemicals and Drugs (P) Limited, Patancheru (WP No 7026 of 89), 3. M/s. Dexo Laboratories Limited, Patancheru (WP No. 6930 of 1989, 4. M/s. Shaney Paris Rhone Limited, Patancheru and 5. M/s Standard Organics Limited, Patancheru (WP No. 7309 of 1987) have approached the Hon'ble High Court which has granted certain interim directions. Meanwhile the industries have given replies for the notices issued by the Government under Section 5 of the Environment (Protection) Act, 1986. After considering the reply the Government issued closure orders under Section 5 of the Environment (Protection) Act, 1986 in respect of 3 industries namely M/s Deccan Drugs, Patancheru, M/s Asrani Tubes Limited, Patancheru and M/s Reliable Paper and Board Mills Private Limited, Patancheru. In respect of the remaining 15 industrial units modified directions and stop production of pesticides (Phorate) order in respect of M/s. Volrho Limited was passed. The 3 units which were closed by the Government have again approached the Hon'ble High Court in Writ Petition No. 1669 of 1989 and 2060 of 1989 and obtained an order of stay and certain interim directions.

The Board having felt that it should change its attitude in helping and assisting industries which are genuinely interested in solving pollution problem, introduced number of innovative techniques to sort out the problems on short term basis by making arrangement to collect effluents from all industries which do not have ETPs and transport them by tankers to the approved disposal points. The Policy of CETP as an industry was suggested and ultimately the industries were persuaded to establish CETP in the area as an industry for which some of the industries like M/s. Patancheru Enviro Tech Limited (PETL) have taken lead. The feasibility report was prepared by M/s Associated Industrial Consultants Limited, Bombay. The project was estimated to cost Rs. 3.87 crores. It was originally decided to have the Combined Waste Water Treatment Plant with the capacity of 7500 Cubic Meter per day and the treatment plant to have units likes Terminals, Pumping Stations, Ion Screen, Detritor, Equalisation Tank, Anaerobic Section, Extended Aeration Tank, Secondary Settling Tank etc. On the recommendations of the State Board, the State Government has released 22 lakhs from the funds provided in the 7th Plan for CETP. APIIC has extended 4.43 acres of land on long term lease basis in IDA Patancheru Phase- IV for construction of CETP. Nearly 30 units along with Patancheru Industrial Association have contributed Rs.44.47 lakhs towards share capital of Patancheru Enviro Tech Limited (PETL).

Bollaram industrial area is located in Jeetharam Mandal of Medak District which is 28 km from Hyderabad towards North of Hyderabad - Bombay National Highway. The Industrial Development Area (IDA) of Bollaram is stated to be a private industrial area developed by entrepreneurs consisting of medium and small scale industries and most of them are pharmaceutical units. It is stated that around 40 industrial units have been functioning at IDA Bollaram. Since it is a private project it was not properly developed and there was no common facility in the area for collection, treatment and disposal of the industrial effluents. The Board has granted consent under Water and Air Act to bring those units under the purview of the Act and stipulated time limit for construction of full-fledged Effluent Treatment Plant. The Board has also advised the units to transport their effluents to Amberpet Sewerage unit for disposal. Accordingly the industries have approached the Municipal Corporation of Hyderabad and obtained permission for transport. The following industries have obtained permission namely,

M/s. Benzex Labs Limited, Bollaram

M/s. Tarus Chemicals Limited, Bollaram

M/s. Prabhava Organics Private Limited, Bollaram

M/s. Krishna Alchemy Private Limited, Bollaram

M/s. Vasista Organics Private Limited, Bollaram

M/s. Dr. Reddy's Labs Limited, Bollaram

M/s. S.P.S.Drugs Private Limited, Bollaram

M/s. Prasad Drugs Private Limited, Bollaram

M/s. Plant Organics Limited, Bollaram

and the transportation of effluent continued for treatment up to 04.02.1988. Due to agitation of farmers in Amberpet, the Municipal Corporation of Hyderabad has cancelled the permission for transportation and therefore the industries have started storing their effluents in lagoon within the factory premises causing groundwater pollution by seepage. The Board has identified 18 recalcitrant industries in Bollaram namely,

M/s. Fur Fur Chemicals.

M/s. Rama Organics.

M/s. Hi-Tech Pharmaceuticals.

M/s. Power Pakes Private Limited.

M/s. Krishna Alchemy.

M/s. Prasad Drugs.

M/s. A.P.Met. Engg. Limited.

M/s. Tarus Chemicals Private Limited.

M/s. Plant Organics Limited.

M/s. S.R.P. Chemicals.

M/s. S.P.S Drugs.

M/s. Dr. Reddy's Labs.

M/s. Benzex Labs.

M/s. Prabhava Organics.

M/s. Amaravathi Chemicals and Fertilizers.

M/s. Vasista Organics.

M/s. Vipla Organics.

M/s. Arandy Laboratories.

and recommended to the Government to take action under Section 5 of the Environment (Protection) Act, 1986. Accordingly notices were issued to the said units and after examining the replies given by those units, 11 units came to be closed. Later the Government has granted time to M/s Amaravathi Chemicals (P) Limited, Bollaram for construction of its own Effluent Treatment Plant since the problem of the said industry was mainly related to sludge disposal. The remaining 10 industries have approached the Hon'ble High Court and the Hon'ble High Court has given certain directions in respect of following industries,

M/s. Rama Organics, Bollaram (W.P No 1669 of 1989)

M/s. Fur Fur Chemicals Ltd, Bollaram (W.P No 2357 of 1989)

M/s. Prasad Drugs (P) Ltd, Bollaram (W.P No 2051 of 1989)

M/s. Plant Organics Ltd, Bollaram (W.P No 1969 of1989)

M/s. S.R.P. Chemicals (P) Ltd, Bollaram (W.P No 2056 o 1989)

M/s. S.P.S Drugs (P) Ltd Bollaram (W.P No 2058 of 1989)

The other four units namely (1) M/s. A.P. Met. Engg. Ltd, Bollaram (W.P No 1602 of 1989), (2) M/s. Prabhava Organics (P) Ltd, Bollaram (W.P No 5939 of 1989), (3) M/s. Vasista Organics (P) Ltd, Bollaram (W.P No 5862 of 1989) and (4) M/s. Vipla Organics (P) Ltd, Bollaram (W.P No 5941 of 1989) have approached the Hon'ble High Court and the stay order granted by the High Court is still pending.

Since individual ETP will be a costly affair, based on the CETP approach followed in Patancheru and Jeedimetla area, a group of industries joined together to float a company called M/s Progressive Effluent Treatment Plant Limited (PETPL) and registered as a Common Effluent Plant on 07.09.1988. Apart from the chemical industries in Bollaram, some chemical industries in Gaddiyatharam and Khajipalli industrial areas have also joined as members. The feasibility report was prepared by M/s Associated Industrial Consultants Limited, Bombay and the Project report costing Rs. 99.25 lakhs was prepared and so far 19 industries have become members. It is stated by the Board that it has taken some decisions which are first of their nature in India which includes obtaining of revolving fund of Rs. 1.2 crore under the 7th plan, establishment of CETP as an industry which has become common now in many of the State Pollution Control Boards and CPCB. The first phase of one CETP has been completed and second phase is in progress and three more CETPs are under different stages of planning and execution in and around Hyderabad. Other innovative techniques such as transportation of effluents by tankers and use of spare capacity of existing ETP were suggested apart from a number of short term measures for control of pollution. It is stated that in spite of efforts taken by the Board, some of the industries are wantonly violating law either by not constructing ETP or constructing inadequate plants or do not operate the plant continuously. It was after considering the above said extensive affidavit filed by the Board and hearing all the parties, the Division Bench of the Hon'ble High Court of Andhra Pradesh has passed orders on 10.04.1990 as stated earlier.

Respondent Nos. 2 to 4 namely the State Government as well as State Pollution Control Board in their common reply filed in WP (C) No 1056 of 1990 before the Hon'ble Supreme Court, while reiterating the reply filed by the Board in WP No 1675 of 1990, have stated that by virtue of the pollution caused by the industries, farmers have suffered loss by damage to crops etc., and they have been adequately compensated from time to time. It is stated that in 10 villages, a total sum of Rs. 28.34 lakhs was estimated by the officials and industrialists have contributed Rs. 7, 49, 963 from 22.12.1988 to Oct 1990 towards the compensation out of which Rs. 6, 54,364 have been paid to the farmers. It is further stated that apart from the legal actions taken against the erring units, persuasive efforts have also been taken through the Board to prevent pollution under the chairmanship of the District Collector, Medak District involving public representatives and elected representatives. Therefore according to the said respondents, as the State Government is taking all steps to reduce pollution within its limited resources, the petitions are not maintainable. It is further stated that while it is true that Nakkavagu joins Manjira River, the water supply to Hyderabad and Secundrabad is not affected.

The 4th respondent in Application 90 of 2013 namely the Board has filed its reply dated 11.07.2014 stating about the measures taken by Respondents No. 2 to 4 namely the State Government and the Pollution Control Board to control pollution in Patancheru area and its sorroundings namely,

A. Establishment of Common Effluent Treatment Plant (CETP) by name M/s Patancheru Enviro Tech Ltd (PETL) in Patancheru during 1994 to treat 7500 KL /day of various industrial effluents generated by the industries in and around Patancheru

B. The Government issued G.O M.S.No.62 dated 20.04.1999 and G.O M.S No 95 dated 21.09.2007 on the recommendation of the 3rd respondent namely District Collector, Medak prohibiting establishments/ expansion of certain polluting industries in and around the Industrial Development Areas (IDA)/ Industrial Estates (IEs) including industrial areas located in Patancheru.

Under the G.O Ms.No.62 dated 20.04.1999 as referred to above, a ban order was issued on the recommendation of the Board dated 14.10.1996 on establishment/ expansion of certain categories of polluting industries in Medak, Rangareddy, Mahaboobnagar and Nalgonda Districts which expired on 31.12.1998 and the Board has by its letter dated 31.12.1998 extended the ban order until further orders. The Government by exercising its powers under Section 19 of the Air and Water Act has made the ban order issued by the Board permanent. By G.O Ms No 95 Environment, Forests, Science and Technology Department dated 21.09.2007 by superseding all the notifications issued earlier including G.O M.S dated No. 62 dated 20.04.1999 and on recommendation of the Board the Government has imposed restrictions on establishment/ expansion of various categories of industries in all Industrial Estates / Industrial Development Areas (IDA) and other industrial areas as per the Annexure appended to the notification and one km around these industrial areas in the Districts of Medak, Rangareddy, Mahaboobnagar and Nalgonda subject to the outcome of W.P No 19661 of 2002 then pending before the Hon'ble High Court of Andhra Pradesh after transfer to NGT it is Application No 90 of 2013. The categories of industries on which restrictions are imposed are:

i All types of Bulk Drug manufacturing units except formulation,

ii All types of Pesticides (technical) manufacturing units except formulations,

iii All types of Dyes and Dye intermediate manufacturing units,

iv All other types of highly water polluting industries as per the criteria mentioned as follows:

C. The member industries were directed to segregate the effluents into High Total Dissolved Solids (High TDS) and Low Total Dissolved Solids (Low TDS) streams. The High TDS effluents are evaporated and salts are sent to Treatment Storage and Disposal Facility (TSDF), Dundigal;

D. The Low TDS pre-treated effluents are transported to CETP by the industries in dedicated tankers duly following the manifest system;

E. As per the directions of the Supreme Court, the District Collector has directed all industries to close the outlets which may otherwise join the water bodies; industries were directed to construct separate drains for storm water/ rain water and effluents;

F. In order to control Illegal dumping of effluents by tankers into water bodies and open areas, recommendations were given to the Government of Andhra Pradesh and pursuant to the same, Government has issued G.O Rt No 286 dated 05.07.1999 relating to safe disposal of effluents and action to be taken against tankers illegally dumping trade effluents in unauthorised areas which includes the directions to confiscate and penalise tankers and transport companies involved in illegal movement of effluent tankers operating without proper manifest form and plying during night times between 6.P.M to 6.A.M for controlling illegal dumping of effluents. The Board has formed night surveillance teams to check the illegal dumping of effluents and hazardous waste and illegal movement of effluent tankers

G. As per directions issued by the Hon'ble Supreme Court as well as the Hon'ble High Court of Andhra Pradesh, the State Government has been supplying drinking water to the affected villages in Medak District and the 113 industries of M/s. PETL are paying Rs. 2.15 Lakhs every month to the Hyderabad Metro Water Supply and Sewerage Board towards the charges for drinking water being supplied to the pollution affected villages.

It is also stated by the Board that the CPCB has submitted a comprehensive report on effluents management in Nakkavagu basin during March 1998 to the Hon'ble Supreme Court indicating four options which include the first option namely the industries shall treat their effluents to certain specified norms before sending to CETP and the CETP must further treat the effluents to sewer standard and discharge the treated effluents to main sewer which leads to Sewage Treatment Plant. The CPCB on comparison of four options has stated that the first option provides maximum certainty. It is further stated that the Hon'ble Supreme Court in the order dated 05.05.1998 in WP No. 1056 of 1990 directed the CPCB and APPCB to submit a Joint Action Plan for containing industrial pollution in Patancheru and accordingly the CPCB and State Pollution Control Board have filed a Joint Action Plan which includes laying of pipeline to carry the treated industrial effluents of M/s. PETL apart from recommending the State Government to declare ban Notification dated 14.10.1996 as permanent for new industries after the expiry of Notification in December 1998 and on receipt of the implementation of Joint Action Plan having being submitted to the Hon'ble Supreme Court it was approved and endorsed by the Apex Court in the order dated 12.05.1998.

It is stated that a revised Joint Action Plan providing 18 km pipeline project was submitted to the Hon'ble Supreme Court in November 2000 in the context of further treatment and dilution at Amberpet STP and the same was accepted by Hon'ble Apex Court on 06.02.2001. By virtue of the said process the further treatment and dilution at Amberpet STP should be expanded and upgraded with secondary and tertiary treatment facilities to treat and dispose mainly organic and nutrient rich sewage into the Musi River. It is further stated that the Jawaharlal Nehru Technological University, Hyderabad (JNTU) has conducted Environment Impact Assessment (EIA) studies for 18 km pipeline project during March 2001 and supplementary technical studies during December 2008 and concluded that there will be no negative impact on the environment due to discharge of treated industrial effluent into Musi River. The Hyderabad Metropolitan Water Supply and Sewerage Board (HMWS & SB) has taken up the work of executing 18 KM pipeline in the year 2001 by sharing the cost between Government and PETL and the work was completed in 2006. The Supreme Court Monitoring Committee (SCMC) constituted by the Hon'ble Supreme Court under Hazardous Waste Management Rules has inspected PETL and other areas of Hyderabad in October 2004 and given opinion that CETPs are not environment friendly. Thereafter the Board has imposed stringent standards on industries and CETP on 05.08.2005 and 26.12.2005. When that was brought to the notice fo the Hon'ble Supreme Court by some of the industries and CETPs, there was direction to CPCB and APPCB to convene a meeting calling for petitioners also and accordingly the meeting was held on 02.07.2007 and the Joint Action Plan was submitted to the Hon'ble Supreme Court and the Joint Action Plan and the time schedule submitted to the Apex Court are as follows:

SI.No

Description

Action Plan

Time Schedule & other parameters of compliance

1

Inlet standards for the CETPs (i.e. outlet of member industry / tankers received at CETP)

All the parameters as stipulated in the Schedule -I (S.No.55) of the Environment (Protection) Rules. 1986 and its amendments thereto

Within 3 monhs

Total Dissolved Solids (TDS) (inorganic) - (Additional parameter)(i.e., outlet of member industry / tankers received at CETP)

10,000 mg/l at inlet of CETP 5,000 mg/l at inlet of CETP

Within 4 months Within 15 months

COD (Additional parameter) (i.e., outlet of member industry / tankers received at CETP)

15,000 mg/l

Within 4 months

2

Outlet standards for CETPs

Surface water disposal standards as stipulated in the Schedule - I (S.No.55) of the Environment (Protection) Rules, 1986 and its amendments thereto

Within immediate effect. (Except TDS (inorganic)& COD

Total Dissolved Solids (TDS) (inorganic)

5,000 mg/l at outlet of CETP 2,100 mg/l at outlet of CETP

Within 4 months Within 18 months

COD

500 mg/l at outlet of CETP

Within 18 months

3a

Penalties

The penalties for the member industries and CETPs for not complying with the above inlet and outlet standards to be levied

For Member Industries Rs. 30/KL/day for violating any parameter. For CETPs Rs/300/KL/day for violating any parameter

3b

Bank Guarantee

Bank Guarantee to be imposed on the member industries and CETPs for meeting the time schedule detailed in the Action Plan.

With immediate effect. Member Industries (a) SSI-Rs.10 lakhs (b) Other than SSI-Rs. 40 lakhs (c)CETPs-Rs. 50 lakhs All BGs with a validity period of 24 months, in favour of APPCB

4

JETL be restrained from entering into agreements with its member industries with different inlet standards. All existing agreements not in accordance with the stipulated standards shall cease to have effect.

With immediate effect

5

JETL may be directed to adopt appropriate scientific treatment and maintain a uniform methodology for treatment of effluents from its member industries based on the inlet standards.

With immediate effect

6

The member industries shall segregate the low and high TDS effluents, improve the pre-treatment systems and send only the low TDS effluents to CETP (Biological treatment system)

Within 3 months

7

i)The JETL may be directed to enhance the capacity of MEE and spray drier (so as to dispose the centrate generated from MEE) on day to day basis to prevent storage of high concentrated effluents.

ii) The existing MEE shall be provided with the stripper to reduce the volatile organic and odour. The air pollution control equipment of the spray drier to be upgraded

iii) One additional MEE with stripper and additional spray drier to be installed.

iv) The stripper (at MEE) condensate shall be incinerated at TSDF

Within 6 months

Within 6 months

Within 1 year

Within 6 months for (ii) and within 1 year for (iii) above.

8

Air emission standards for spray drier

CPCB / APPCB to prescribe guidelines within 6 months.

9

To enable APPCB to monitor CETPs (JETL & PETL) continuously, they may be advised to provide online monitors (eg. TOC analyzers), continuous flow measuring & recording devices at the outlet and online VOC monitor at the boundary of the CETP with network connection to APPCB.

Within 1year.

10

The non-member water polluting industries be permitted to become members of the JETL & PETL based on neighbourhood concept, only after the consent of the Board. However, the industry should comply with the inlet standards and also no increase in the permitted pollution load and hydraulic load of the individual industry.

Within 3 months for the existing nonmember industries from Rangareddy and Medak Districts, after prior approval of APPCB.

11

The 18 KM pipeline provided to discharge treated effluents from CETP Patancheru to K&S Main sewer be permitted to be commissioned provided they meet the standards prescribed.

Within 3 months

12

The JETL and PETL may explore the possibility of installation of common spent solvent recovery plant with adequate capacities

Within 3 months

13

The individual industries shall provide or upgrade, as the case may be, solvent recovery system to achieve atleast 95% recovery, on the lines stipulated in the Environmental Clearance granted by MoE&F, GOI

Within 6 months

14

Five major industries letting the high TDS effluent to the JETL biological treatment plant shall be directed to treat in their own premises or to send the same to Multiple Effect

Evaporator (MEEs) at JETL: 1.M/s. Virchow Laboratories Ltd., 2.M/s. Vani Chemicals and Intermediates Ltd., 3.M/s. Orchem Intermediates (P) Ltd., 4. M/s. Vijayalakshmi Drugs and Chemicals Ltd., 5. M/s. Ochem Industries (P) Ltd., (Unit-II)

Within Immediate effect

It is stated that in compliance with the direction of the Hon'ble Supreme Court dated 17.07.2007, the Board has issued direction to PETL on 25.07.2007 by virtue of the powers conferred under Section 33-A of the Water Act along with the time schedule. The relevant portion of the said direction of the Board dated 25.07.2007 is as follows:

S. N o

Description

Action Plan

Time Schedule & other parameters of compliance

a.

Inlet standards for the CETPs (i.e. outlet of member industry / tankers received at CETP)

All the parameters as stipulated in the Schedule - I (S.No.55) of the Environment (Protection) Rules, 1986 and its amendments thereto

Within 3 months

Total Dissolved Solids (TDS) (inorganic) - (Additional Parameters) (i.e., outlet of member industry / tankers received at CETP)

10,000 mg/L at inlet of CETP

5,000 mg/L at inlet of CETP

Within 4 months

Within 18 months

COD (Additional parameter) i.e., outlet of member industry / tankers received at CETP)

15,000 mg/L

Within 4 months

b.

Outlet standards for CETPs

Surface water disposal standards as stipulated in the Schedule - I (S.No.55) of the Environment (Protection) Rules, 1986 and its amendments thereto.

With immediate effect. (Except TDS inorganic) & COD)

Total Dissolved Solids (TDS) (Inorganic)

5,000 mg/L at outlet of CETP

2,100 mg/L at outlet of CETP

Within 4 months

Within 18 months

COD

500 mg/L at outlet of CETP

Within 8 months

c.

To enable APPCB to monitor PETL continuously, PETL shall provide online monitors (eg. TOC analyzers), continuous flow measuring & recording devices at the outlet and online VOC monitor at the boundary of the CETP with network connection to APPCB.

Within 1 year

d.

The 18 Km pipeline provided to discharge treated effluents from CETP Patancheru to K&S Main sewer be permitted to be commissioned provided they meet the standards prescribed.

Within 3 months

e.

The PETL shall explore the possibility of installation of common spent solvent recovery plant with adequate capacities.

Within 3 months

Such directions were also given to the member industries on 31.07.2007, for implementing the Joint Action Plan of CPCB and APPCB. The implementation started on 01.08.2007 and completed in 2009. It is stated that during this period the Board has kept constant vigil for strictly implementing the Joint Action Plan and defaulters were imposed with heavy penalty. In fact M/s. PETL was levied with a penalty of Rs.2, 72, 49,000 for the period from November 2007 to January 2009 and the said amount has not been paid by M/s. PETL and it did not comply with the standards. The bank guarantee of Rs.50 lakhs was invoked and the bank account of M/s PETL has been frozen. It was against the said action the PETL has approached the High Court of Andhra Pradesh by filing Writ Petition No. 3510 of 2009 and an interim order was passed on 04.03.2009 subject to the condition of depositing of Rs.50 lakhs and directing M/s PETL to adhere to inlet standards strictly in terms of Joint Action Plan approved by the Hon'ble Supreme Court. The said Writ Petition came to be transferred to this Tribunal and numbered as Application No.92 of 2013. It is relevant to note at this stage that the said application No. 92 of 2013 came to be disposed by this Tribunal on 17.12.2014, with a categorical ruling that M/s PETL was responsible to maintain inlet standard.

The relevant portion of the Judgement of the Tribunal in this regard is as follows:

"34. All the above would clearly indicate that the applicant's CETP was a party to all the above meetings wherein it was decided that the applicant CETP should accept the effluent from the member-industries (inlet) not below the approved standards which are applicable to CETP as notified in Serial No. 55 of Schedule I of the Environmental (Protection) Rules, 1986. Having accepted the same without any murmur and also to comply with the same within a period of 3 months there from for meeting the said standards, it would be futile on the part of the applicant to state that in so far as inlet is concerned, neither the applicant CETP has control and it is the responsibility of the individual units and it is the duty of the respondent/APPCB to monitor the compliance and the applicant cannot wriggle out by making such an unacceptable defense. In view of the above, the contentions put forth by the counsel for the applicant that imposing of penalty on the applicant/CETP after imposing penalty on the industries would amount to double jeopardy cannot be countenanced. Equally, the contention put forth by the applicant's side that the imposition of penalty at Rs. 300/-per KLD on the applicant is not only harsh but also contrary to the principles of justice since the respondent/APPCB has imposed penalty only at the rate of Rs. 30/-per KLD for the industries for the non-compliance has to be rejected for the simple reason that this rate was actually fixed by a Committee which filed the JAP and was also approved by the Hon'ble Apex Court. It is pertinent to point out that the applicant also participated in the meetings convened and conducted by the Committee which resulted in the JAP placed before the Hon'ble Apex Court. Not only being a party to those proceedings, the applicant has not even raised its little finger either during the fixation of rates or when the JAP was placed and accepted by the Hon'ble Apex Court. Thus, the Tribunal is unable to see any merit in those contentions."

Ultimately in deciding about the penalty imposed by the Board on PETL namely Rs.2,32,62,000 for non compliance of standards both outlet as well as inlet during November 2000 to October 2008, the Tribunal has modified the order that the proceeding of the Joint Chief Environmental Engineer of the Board dated 06.09.2009 which was included in the said proceeding by setting aside the portion of the said proceeding only to the extent of penalty from non-compliance of standards for outlet during the period from November 2007 to October 2008 holding that the PETL is liable to pay penalty in respect of non compliance of standards for inlet during the period of November 2007 to October 2008 operative portion of which is as follows:

Hence, it is declared that the impugned proceedings of the 2nd respondent dated 06.02.2009 is set aside only to the extent of the penalty for non-compliance of the standards for outlet during the period from November, 2007 to October, 2008 and thus the applicant is liable to pay the penalty in respect of non-compliance of the standards for inlet during the period November, 2007 to October, 2008 to which extent the proceedings of the 2nd respondent dated 06.02.2009 is valid and executable. The 2nd respondent/APPCB is directed to serve a fresh proceeding on the applicant in respect of the penalty for non-compliance for inlet for the period from November, 2007 to October, 2008 within a week here from and the applicant shall pay the said calculated amount within a period of 3 months from the date of service of the proceedings.

It is stated by the Board that the Joint Action Plan-2007 was completed by January 2009 and following specific steps were taken to ensure that PETL which is treating the effluent of 113 member industries of Patancheru, meets the standard prescribed in the Joint Action Plan of 2007. It is stated

"i.Strictly implemented the inlet standards in M/s. PETL, as stipulated in JAP, 2007, by deputing Asst. Environmental Engineer and Analysts of the Board at M/s. PETL.

i. In view of the said implementation, only the pre-treated effluents which confirm to the standards were only allowed and the effluents which do not meet the inlet standards were again sent back to the industries for further treatment. From 01.02.2009 to 30.04.2013, 862 tankers were returned (8620 KL) from PETL for further treatment. Due to strict implementation of the inlet standards, the individual industries have segregated their high TDS effluents as per the Joint Action Plan standards i.e., from 15000 mg/l to 5000 mg/l and evaporating the high TDS effluents which are more than 5000 mg/l.

This has resulted in reduction of effluent tankers received at M/s. PETL. Prior to 01.02.2009 about 160 tankers (1600 KL/Day) were received at M/s. PETL and at present about 130 tankers (1300 KL/Day) are received from 113 member industries.

ii. The APPCB constantly pursued M/s. PETL with result M/s. PETL improved the aeration process at primary treatment for homogenizing the industrial effluents so that the suspended solids will be removed effectively at Clariflocculator unit.

iii. M/s. PETL has installed a new Clariflocculator at a cost of Rs. 7.6 lakhs during 2010 in the place of existing Dissolved Air Floatation (DAF) unit for effective removal of suspended solids and discontinued the DAF.

iv. Improved seeding of effluent with the aid of nutrient rich sewage to improve the biological treatment of the effluent.

v. Replaced the ½ inch liquid oxygen pipeline with 1 inch pipeline at secondary treatment unit with result there is free flow of liquid oxygen resulting in effective aeration. Presently, PETL discontinued usage of liquid oxygen as the inlet parameters received at CETP are reduced.

vi The following online monitoring meters were installed at M/s. PETL:

a) VOC Meter to monitor the volatile Organic compounds to assess the odour in the area.

b) Flow meter at the outlet of M/s. PETL to measure the quantity of treated effluent discharged.

c) Online TDS meter to measure the total dissolved solids levels in the treated effluents.

d) TOC meter to measure the total organic carbon in the treated effluents.

vii. The APPCB monitored the inlet and outlet of M/s. PETL on day to day basis and suggested improvements.

viii. Enforced better treatment facilities in the individual industries.

ix. Installation of Zero Liquid Discharge systems viz., Stripper, MEE, ATFD and RO / up-gradation of treatment systems in the 27 major bulk drug / chemical industries (including M/s. PETL, Patancheru) in Patancheru - Bollaram, with an investment of Rs. 154.15 crores with result the quantity of effluent received at M/s. PETL was reduced from 1600 KL/Day to 1300 KL/Day and also the quality of effluents received at M/s. PETL got improved.

x. Further, M/s. PETL made an additional investment of Rs.5.00 crores for installation of membrane Bio Reactor to further reduce the COD for part of the treated effluents, which is commissioned during December, 2010.

Due to implementation of above measures, M/s. PETL has made substantial progress in achieving the outlet standards as prescribed in the Joint Action Plan, 2007, as approved by the Hon'ble Supreme Court.

As M/s. PETL has made substantial progress and is meeting the outlet standards consistently in May, particularly since 20th May, 2009, in APPCB addressed a letter on 09.06.2009 (Annexure R-10) to the MD, HMWS&SB to give the connectivity of 18 Km Pipeline to the outlet of PETL effluents, through K&S main sewer to STP at Amberpet, as assured in the review meeting held on 19.02.2009 in the chambers of Special Chief Secretary to Govt. EFS & T Department, GoAP and comply with the directions of JAP, 200.

In response, M/s. HMWS & SB have given the connectivity of outlet to the 18 Km pipeline on 07.07.2009 in a phased manner, as detailed hereunder:

i. On 07.07.2009 - 25% of treated effluents of M/s. PETL

ii. On 07.08.2009 - 50% of treated effluents of M/s. PETL

iii. On 07.10.2009 - 75% of treated effluents of M/s. PETL

iv. On 06.03.2010 - 100% of treated effluents of M/s. PETL

At present, M/s. PETL is receiving about 1300 KL of pre-treated industrial effluents every day. To this, M/s. PETL is adding about 60 to 80% domestic sewage and carrying out treatment through i) Equalization tanks (4 Nos.) with diffused aeration of 30 HP each, ii) Flash Mixer to add poly electrolyte / alum, iii) Clariflocculator, iv) Aeration tank - I with 2 fixed aerators of 50 HP each and 4 floating aerators of 30 HP each, v) Aeration tank-II with 2 fixed aerators of 50 HP each and 6 floating aerators of 30 HP each, vi) mix flow pumps of 60 HP, vii) secondary Clarifiers (2 Nos.), viii) sludge decanter and ix) treated effluent sump with result M/s. PETL is achieving the outlet standards as prescribed in the Joint Action Plan, 2007, as approved by the Hon'ble Supreme Court.

At present, all the treated effluents of M/s. PETL are joining the STP at Amberpet for further treatment and also M/s. PETL and STP at Amberpet are meeting the prescribed discharge standards."

It is the further case of the Board that it is continuously monitoring water in the villages of Patancheru area for drinking water parameters as per IS- 105001999. The monitoring of groundwater during 2012 indicates that the parameters in respect of various standards are within the permissible limits. It is also stated that from 2003 to 2006 the data relating to the analysis of the water bodies of Khazipalli Tank, Gandigudem Tank, Kistareddypet Tank, Nakkavagu, Asanikunta Tank and Isnapur Tank, there has been rapid improvement from 2003 to 2006. The samples collected from Kistareddypet Tank during 2003 to 2012 shows the average value of TDS in the year 2003 was 5000 mg/L and the average TDS value for the year 2012 was 4882 mg/L. It is stated that the analysis report of the samples collected from 2003 to 2012 shows that Khazipalli Tank and Kistareddypet Tank are polluted beyond "E class" as per CPCB water quality criteria and not suitable for irrigation and other uses. The Gandigudem tank is falling under class-E suitable for irrigation, industrial cooling and controlled waste disposal. The samples collected from Nakkavagu at Bachugudem Village for the period from 2003 to 2012 has shown the average values of TDS in the year 2003 as 2000mg/L and in the year 2012 it is 1053 mg/L. The average value of the COD in the year 2003 was 520mg/L and in the year 2012 it was 38 mg/L. Likewise the average value of the BOD in the year 2003 was 130 mg/L and in the year 2012 it has come down to 10 mg/L and therefore this indicates that the pollution levels in Nakkavagu at Bachugudem Village are achieving CPCB water quality criteria for class E. In so far as it relates to samples collected from Isnapur Tank between 2008-2012, it is stated that the average value of TDS in 2008 was 2798 mg/L and in the year 2012 it was 1664 mg/L. The average value of the COD in 2008 was 104 mg/L and in the year 2012 it was 178 mg/L. Likewise the average value of BOD in the year 2008 was 36 mg/L and in 2012 it was 19 mg/L. Therefore, the high value of TDS and COD during 2011 is stated to be due to the reason of scanty water in the tank and as per the CPCB water quality criteria the water falls under class E namely suitable for irrigation.

In so far as it relates to the claim of compensation the Board has stated that the Hon'ble Supreme Court in the order dated 10.11.1995 directed the State Government to deposit an amount of Rs. 28,34,000 minus Rs. 7, 49, 963, the amount already deposited by the industries with the High Court of Andhra Pradesh. The District Judge, Medak District was directed to obtain the report by which assessment was made to ascertain the entitlement of farmers for compensation and the determination of amount of loss. Accordingly the District Judge Medak District submitted the report on 27.01.1996 stating that an extent of 492 acres 37 guntas of Arutla Village was affected as per sworn statement of V.A.O., out of which 42 acres 29 guntas was originally registered as a wet land and an extent of 262 acres 11 guntas was localised as wet under lift irrigation scheme and for the remaining 180 acres 37 guntas as dry land used by potters to take water from Nakkavagu. As the joint inspection of officials has identified only 33 acres 28 guntas for assessment of loss, the District Judge suggested further inspection for identifying other lands in Arutla Village affected due to pollution of Nakkavagu. Therefore, the District Judge has restricted his report to the extent of 33 acres 28 guntas and the total loss assessed for the said extent in Arutla Village was arrived at Rs. 1,68,500/- stating that 16 farmers were affected. The District Judge also recommended for identification of land of farmers in Ismailkanpet Village and Erdanoor Village also. In all, the said report pertains to an extent of 625 acres 15½ guntas belonging to 28 farmers of the villages of Inole, Chitkul, Lakadaram, Peddakanjarla, Ganapathigudem, Pocharam, Bachugudem, Arutla, Chitrupa and Bythole. Compensation was recommended and paid at the rate of Rs.1,700/- per acre of land where crops were raised and damaged and at Rs.1,000/- per acre where crops were not raised due to pollution. The report was in respect of the period from 1984-89. It is also stated that for the period 1989-90 to 1995-96 compensation was recommended at the rate of Rs.1,000/- per acre for the said 625 acres 15½ guntas.

It is stated that the said report of the District Judge dated 27.01.1996 was considered by the Hon'ble Supreme Court and order was passed on 10.05.1996 directing the District Judge to examine the claims of the farmers and disburse this amount. The balance amount of Rs.43,77,712.50 towards the compensation up to 1995-96 was directed to be deposited by the State Government and the State Government was also directed to take steps for the joint inspection of Ismailkanpet, Erdanoor and Arutla Villages. A team of officials constituted by the State Government to identify the areas affected by industries in Patancheru and Sangaraddy mandals has found on survey and sent its report to the Government on 02.07.1996. It is stated in the said report that an extent of 310 acres 19 guntas in Arutla Village was identified as entitled for the compensation from 1984-1985 to 1995-1996. An extent of 147 acres in respect of Ismailkanpet Village and an extent of 92 acres in respect of Erdanoor Village was identified. A total extent of 979 acres 26 guntas of lands in respect of 10 villages was identified by the team constituted by the Government as against 625 acres 15½ guntas mentioned in the report of the District Judge dated 27.01.1996. It is further stated that there were several other villages totally numbering 16 and the total extent of land identified for the payment of compensation was approximately 1692 acres 83 guntas. Later it has been calculated Rs. 35,25,700/- towards compensation for the lands affected in Arutla Village for the period of 12 years, while in respect of Ismailkanpet and Erdanoor Villages the calculation was made by only for one year. The total amount of compensation fixed was Rs.1,39,09,737.50 assessed at Rs.1000/- per acre per year irrespective of classification of land. It is stated that the said particulars are filed in the form of affidavit by the Joint Secretary to the State of Andhra Pradesh to the Supreme Court which has taken it into consideration and passed orders on 16.07.1996 directing the State Government to deposit Rs.1,39,09,737.50 and recover the same from the industries. It is stated that by an order dated 27.09.1997, the Hon'ble Supreme Court has directed the District Judge to submit further report assessing further damages in consultation with the Revenue Department, based on which the District Judge submitted the report on 07.01.1998 in the Supreme Court in which the District Judge has rejected the claim in respect of 264 acres 04 guntas of Arutla Village since he has already concluded that those lands are affected due to the stoppage of lift irrigation scheme and not due to pollution. Likewise an extent of 211 acres 16 guntas of Ismailkanpet Village was reported as not damaged and hence not affected. In respect of Erdanoor Village, there was no further representation by the villagers. Therefore the report has revealed that totally 136 persons of Arutla Village have been paid compensation for the period of 1984-96. 37 persons belonging to Ismailkanpet Village were paid compensation for one year in respect of 147 acres, likewise 31 persons belonging to Erdanoor Village were paid compensation for the period of about two years in respect of 92 acres 0½ guntas. The Supreme Court based on the report has passed orders on 12.05.1998. In the order dated 10.11.1998, the Hon'ble Supreme Court further directed the District Judge to submit a further report with respect to compensation payable for the year 1997-98. Accordingly the District Judge report on 25.10.1999 identified 504 acres 11 guntas in Arutla Village as being entitled for compensation for the year 1996-97, 1997-98 and 1998-99, in respect of Erdanoor Village an extent of 66 acres 03 guntas was identified as affected land entitled for compensation. Similarly in respect of Ismainkanpet an extent of 252 acres 03 guntas was identified for compensation for the year 1996-99. The Revenue officials have submitted that in Gundlamachanoor Village an extent of 2793 acres 01 guntas lands were affected and in palpanoor village an extent of 3319 acres 35½ guntas was affected for the period from 1984-85 to 1997-98. However the District Judge has reported that there were no representations made by the farmers of the Villages seeking payment of any compensation and accordingly the said issue was not taken into consideration in respect of the said two Villages. In the said report dated 25.10.1999, the District Judge has recommended for fixing up of compensation at Rs.1300/- per acre per year for dry land and Rs. 1700/- per acre per year for wet land. Considering the said report dated 25.10.1999, the Hon'ble Supreme Court has passed orders on 25.04.2000. It is further stated that in the order dated 10.10.2000, the Hon'ble Supreme Court has directed the District Judge to consider the entitlement of the Villagers of Ismailkanpet for the years 1984-85 to 1995-96 and also to consider the representation stated to have been made by the villagers of Gudlamachanoor and Palpanoor. Accordingly the District Judge has submitted a report on 06.12.2000 stating that the Villagers of Ismailkanpet had been paid compensation for 1984-85, 1985-86, 1996-97, 1997- and 1998-99 and for the remaining period namely 1986-87 to 1995-96 compensation has to be paid to the farmers in respect of the affected area of 147 acres. In a further report of the District Judge dated 06.06.2001 the representation given by 117 farmers of Palpanoor Village claiming compensation in respect of 324 acres 15 guntas was considered. Likewise 55 farmers of Gundlamachanoor Village claiming compensation in respect of 260 acres 12 guntas of lands. The District Judge found that there is representation given by farmers in Palpanoor was not signed by about 25 persons and therefore not entitled for compensation. The District Judge also recorded the analysis report that the lands are suitable for agricultural purposes and growth of crops depends upon other parameters of minerals. It was also found that there was good amount of cultivation under bore wells which were used for drinking purposes and ultimately the District Judge recommended the payment of compensation of Rs.600/- per acre per year.

It is stated by the Board that thereafter the matter was transferred to the Hon'ble High Court of Andhra Pradesh in the order dated 10.10.2001. On 18.08.2003 the High Court has directed to deposit Rs.16 lakhs towards the claims made by the villagers of Gudlamachanoor and Palpanoor as an interim measure since the industries opposed to the report of the District Judge recommending Rs.600/- per acre per year. It is stated that by an order dated 25.09.2003 the Hon'ble High Court constituted a five member fact finding committee to go into various aspects including compensation. The committee recommended payment of compensation to the affected farmers for the same rates by following procedure adopted by the District Judge and be paid till 2002. Accordingly a sum of Rs.72,08,471.25 was collected towards crop damage compensation and was lying in the interest accruing account of the District Collector and total amount available as on 05.08.2013 was Rs.89,82,503.63. The Tribunal in the order dated 02.09.2013 has directed to disburse an amount of Rs.72, 08,471.25. The Board has requested the District Judge to provide the list of beneficiaries to whom compensation has been disbursed. After 2002 there was no claim from Villagers for the payment of compensation and the land use has changed due to largescale urbanisation. The Fact Finding Committee constituted by the High Court visited the pollution affected villages and industries in Medak District in December 2003 and January 2004 and collected soil samples, surface water and groundwater samples and submitted a report to the Hon'ble High Court in March 2004. The report also stated that "over the years, due to technological advancement and industry initiatives there has been improvement in discharge concentrations". The committee also observed that the rate of pollution to the Nakkavagu basin from Common Effluent Treatment Plant (CETP), Patancheru is considerably reduced. The Fact Finding Committee has also recommended for setting up of a separate Taskforce of APPCB exclusively for Medak District to enforce environmental regulations and to ensure continuous compliance of the Hon'ble Court directions. Accordingly a Special Taskforce was constituted by the Hon'ble High Court of Andhra Pradesh for Medak District as per G.O.Ms. No. 76, dated 28.02.2009 and it started functioning from 28.03.2009. The Board conducted several inspections and meetings with Industrial Association in Khazipally and Gaddapotharam to discuss about the issue of seepages from the industries and for remedial measures to prevent the seepages entering into Jillelavagu. The check dams were constructed in the industrial estate drains and a sump at the end of the drains to collect the seepages. The Board identified 38 industries adjacent to the drains and from 2009 the Board has been issuing various directions to continuously lift the seepage water collected in the drains and sump to M/s. PETL for further treatment. Such directions were given to the following industrial units:

M/s. SMS Pharmaceuticals Ltd., Khazipally Village, JinnaramMandal, Medak District.

M/s. Hetero Labs Pvt., S.No.10, IDA, Khazipally, JinnaramMandal, Medak District.

M/s. Divis Pharmaceuticals Ltd., Sy.No.10, IDA, Gaddapotharam Village, JinnaramMandal, Medak District.

M/s. Lee Pharma Ltd, Sy.No. 10/G-1, Gaddapotharam Village, JinnaramMandal, Medak District.

M/s. Emmennar Bio-Tech Pvt. Ltd., Sy.No.10, Gaddapotharam, JinnaramMandal, Medak District.

M/s. Matrix Laboratories Ltd., Unit - I, Sy.No.10, Gaddapotharam, JinnaramMandal, Medak District.

M/s. Virchow Chemicals Pvt. Ltd., Sy.No.10, Gaddapotharam, JinnaramMandal, Medak District.

M/s. Arch Pharma (Formerly M/s. Sibra Pharmaceutical Ltd.,) Plot No.3-72, Sy.No.10, IDA, Gaddapotharam, JinnaramMandal, Medak District.

M/s. Apex Drugs & Intermediates Ltd., Unit-ii, Sy.No.10, Gaddapotharam, Jinnaram Mandal, Medak District.

M/s. Virupaksha Organics Pvt., Ltd., Sy.No.10, Gaddapotharam, Jinnaram Mandal, Medak District.

M/s. KRS Pharmaceuticals Pvt. Ltd., Sy.No.10/A, Gaddapotharam, Jinnaram Mandal, Medak District.

M/s. TPS Laboratories Ltd., Gaddapotharam, Jinnaram Mandal, Medak District.

M/s. Jupiter Bio Sciences Ltd., Sy.No.10, Gaddapotharam, Jinnaram Mandal, Medak District.

It is stated that in spite of several meetings and directions, seepages into drain were not controlled. The industries situated along the drains have lifted 570 tankers during the year 2011-12, 418 tankers during the year 2012-13 & 74 tankers during the year 2013-14 and it is stated that during 2013 the industries have completely lifted the accumulated seepages in the drains and sump along with sludge in the surrounding areas of the Khazipally sump and the Board is regularly reviewing with the Model Industrial Association and the representatives of industries to arrest seepages and to lift the accumulated seepages in the drains to PETL. It is stated that the Board has issued closure orders against M/s. SPL Chemicals Ltd, Gaddapotharam, M/s. SMS Pharmaceuticals Unit-V, Bollaram and M/s. Sriven Teleproducts Ltd, Bollaram. A study was assigned to National Geophysical Research Institute (NGRI) to identify the reasons for seepages and suggest the measures for control. The NGRI in its report has suggested that the Ground Penetrating Radar (GPR) investigation does not show any Celestine pipeline deposits from the industrial studies. There was a review made by the Board in respect of 33 industries located in Gaddapotharam, Khazipally IDAs for lifting seepages and directions were issued on 21.05.2013 to remove hazardous sludge deposited in the drains / low lying areas / sump and shall lift to TSDF, not to allow any stagnation of water / effluents within the premises or in the low lying areas of the IDA and that the Model Industrial Association should totally lift the contaminated water stagnated in the IDA from sump to CETP and regularly do the same on daily basis.

During inspection in Bollaram area when seepages and discharges were noticed from M/s. SMS Pharmaceuticals Ltd Unit-V and M/s. Sriven Teleproducts Pvt. Ltd and after review by the Taskforce Committee, closure orders were issued for non compliance in respect of those industries running without consent to operate apart from non compliance of many other requirements including the discharge of acidic effluents outside the premises leading to Asanikunta. A review meeting was conducted with all the industries in the catchment area of Asanikunta on 08.05.2013 and various directions were issued after the Taskforce committee has also visited the place. The Board has also taken action by issuing direction in respect of M/s. Amrutha Chemicals Pvt. Ltd., M/s. Spansules Formulations, M/s. Sheetal Chemicals Pvt. Ltd., M/s. Shalani Steels Pvt. Ltd., M/s. Prabhava Organics Pvt. Ltd., and M/s. Fermi Chemicals Pvt. Ltd.

It is the case of the Board that due to various steps taken for the complete monitoring there has been substantial progress in the control of pollution. The Bulk Drug Manufacturer's Association (BDMA) made a request in 2012 to allow the expansion of existing Bulk Drug and its Intermediate Manufacturing units with Zero Liquid Discharge facilities. The Board has constituted a High Level Expert Committee (HLEC) to study the request of BDMA. The HLEC recommended that the request for expansion could be considered subject to availability of water resources, study on Ambient Air Quality including Volatile Organic Compounds (VOC), capacity of treatment, storage and disposal facility (TSDF) and CETPs along with their performance and scope for using organic waste in cement plants for co-processing. On the recommendation of the Board, State Government issued G.O.Ms. No 64 dated 25.07.2013 superseding all the previous G.Os includingG.O.Ms.No 95 dated 21.09.2007 to the extent of permitting expansion of production of all types of existing Bulk Drugs and Bulk Drug Intermediate Manufacturing units subject to installation of Zero Liquid Discharge (ZLD), subject to the outcome of these cases pending before this Hon'ble Tribunal. According to the Board, the CPCB has evolved a Comprehensive Environmental Pollution Index (CEPI) for 88 study areas in India identifying polluted clusters or areas to take continuous and constructive action by central monitoring scheme. Patancheru and Bollaram cluster was considered by MoEF as a Critically Polluted Area (CPA) with a CEPI score on 70.07. When CEPI score is more than 70, the area is considered as CPA. By implementation of action plan to achieve ZLD by 27 industries in Patancheru - Bollaram areas, the APPCB found as reported to MoEF that by virtue of the said improvement for which investment of Rs.154.15 crores were spent, the CEPI score has come to 47.33 from 70.07 (less than 50 score is normal). The MoEF on 26.10.2010 has lifted the moratorium allowing projects for Environmental Clearance (EC) in respect of Patancheru-Bollaram areas. The CPCB in the letter dated 07.03.2011 has requested the APPCB to constitute a Local Committee with various stakeholders and carry out bi-monthly review of the implementation of action plans of CPA of Patancheru-Bollaram. The APPCB has constituted a Local Committee on 02.04.2011 for "Patancheru-Bollaram" area with the following members:

a) Dr. K. Mukkanti Prof. and Head for Centre for Chemical Sciences and Technology, Institute of Science and Technology, JNT University, Kukatpally, Hyderabad,

a) Dr. A Kishan Rao, NGO, Member of Local Area Expert Committee of Supreme Court Monitoring Committee, Patancheru, Medak District,

b) Sri. Sunil Kulkarni, Associate Vice-President - M/s. Matrix Laboratories ltd., representative of Bulk Drug Manufacturers Association (BDMA),

c) Joint Chief Environmental Engineer, APPCB, Member Convenor, Zonal Office, R.C. Puram, Medak District.

The Local Committee is said to have conducted thirteen meetings so far reviewing the implementation of the Action plan submitted by the CPCB for improving the environmental parameters. The Committee noted that PETL is receiving pre-treated industrial effluents as per the prescribed inlet standards and treating the effluents in the prescribed outlet standards. The committee also noted that the Amberpet Sewage Treatment Plant (STP) outlet is as per the prescribed standards namely inland surface water standards. It is further noted by the Committee that the discharge of industrial effluents into Nakkavagu is controlled and domestic waste water from M/s. BHEL, STP and other small colonies in and around Patancheru area are discharging their domestic waste water into Isakavagu which is ultimately joining Nakkavagu. It is stated that the BHEL has also submitted an action plan for establishment of new STP of 10 MLD. The Board is also pursuing with the Greater Hyderabad Municipal Corporation (GHMC) for establishment of STPs to treat the sewage generated from residential areas located in Nakkavagu basin. It is further stated that the Committee reviewed the implementation of action plan submitted by 27 industries for achieving ZLD and up-gradation of their treatment systems. Out of 27, two industries have not implemented ZLD and notices were issued and are reviewed by the Board from time to time. It is stated that out of the two, M/s. Neuland Laboratories Ltd has started construction works of ZLD system for commissioning in October 2015, another industry M/s. Suven Pharma has started installation of RO Systems and MEE for ZLD proposed to be completed in December 2015.

It is stated that the committee is also monitoring the surface water quality of the lakes and carrying out Ambient Air Quality studies in the IDAs of Medak District. Due to diversion of treated effluents from PETL to Amberpet STP, there is improvement in the water quality in Nakkavagu. But in Asanikunta Tank, Khazipally Tank and Isnapur Tank the presence of High TDS, BOD & COD indicate chemical contamination of the lakes and there is a need for improvement of these lakes and Ambient Air Quality of IDA Bollaram and Gaddapotharam which are exceeding the prescribed standards. In this regard the Board has proposed to take up a study of two lakes namely Asanikunta & Kazipally under the World Bank aided Capacity Building Industrial Pollution Management Project. It is ultimately stated by the Board that on the basis of continuous monitoring of the area during February - April 2013, the CPCB has observed that the CEPI score has again gone high in the Patancheru-Bollaram area to 76.05 and therefore MoEF has re-imposed the moratorium by the Office Memorandum dated 17.09.2013. It is stated that the Board is taking adequate steps to ensure that the industries do not discharge effluents into public streams. The Board in its letter dated 30.01.2014 has informed the MoEF about the steps taken to control CPA of Patancheru-Bollaram cluster and accordingly MoEF has decided to keep in abeyance O.M dated 17.09.2013 by a subsequent O.M dated 10.06.2014.

The Telangana State Pollution Control Board has filed its latest reply on 06.05.2017 in Application Nos. 190 and 192 of 2016. Even though the said applications are relating to Borpatla and Isanapur Villages, the reply is a detailed one relating to entire aspects and therefore it is necessary to extract some of the portions of the reply particularly relating to the latest status of pollution in the area. In addition to what was stated elaborately in the earlier reply affidavit noted above, the Board has stated that it has permitted the land fill facility for Treatment Discharge Disposal (TSDF) to be established at Dundigal Village, Rangareddy District in the year 2000 and after establishment of the said TSDF, industries are sending their solid waste to the said establishment regularly and the same is being continuously monitored by the Board. It is stated that Borpatla Village, Hathnoora Mandal, Medak District is about 20 kms from Patancheru Bollaram area wherein M/s. Aurobindo Pharma Limited has set up the unit involved in the manufacturing of Active Pharma Ingredients (API). The said unit was established in the year 1982 to manufacture API with the capacity of 3166.67 kg/day. The industry was permitted to generate 52.6 KLD of effluents. The Board has issued its latest Consent to Operate to the said industry in the order dated 22.05.2016 which is valid up to 31.07.2017. It is stated that the industry generates High TDS effluents from the process and scrubbing and is having 13 numbers of production blocks with 270 numbers of reactors of various sizes. About 15 numbers of scrubbers are connected to 48 numbers of reactors in 11 production blocks. The industry is collecting the effluents from 12 production blocks in MS tanks provided at the blocks and these effluents are pumped to the above ground level collection / equalization tank at HTDS Treatment Facility located near MEE. It is stated that the industry namely Aurobindo Pharma Limited is having HTDS treatment facility consisting of Equalization Tanks, Holding Tank, Clarifier, Treated Effluent Tank, Filter Press, and Holding Tank-1. The effluents are sent to stripper followed by MEE for treatment and disposal. RO rejects are also added to HTDS effluents before MEE. RO permeate is utilized for utilities like Boiler Feed and Cooling tower make up.

In respect of LTDS effluents it is stated that the industry generates Low TDS effluent from the washings, boiler, cooling tower and from domestic section. It is treating the water effluents along with MEE condensate & RO back wash water in Biological ETP and it is having low TDS treatment facility consisting of Equalization tank, Primary Clarifier, Aeration Tank, Secondary Clarifier, Treated Effluents Holding Tanks, Filter Press and RO Plant, RO Permeate and RO Rejection Tanks. After treatment, RO Permeate is reused for the utilities & RO Rejects sent to MEE for evaporation. It is further stated that the industry has installed STP of capacity 100 KLD below ground level to treat the domestic effluent in North-Western side of the plant besides compound wall. It is further stated that the industry has generated a comprehensive ZLD system to treat the effluents generated from it.

It is stated that the said industry has obtained Terms of Reference (ToR) from MoEF for expansion of its project to manufacture bulk drug from the existing capacity of 3166.67 kg/day to 14040.06 kg/day and 3.95 MW of Captive Power Plant. As per the directions of the MoEF, the Board conducted Environmental Public Consultation (EPC) at the proposed project site on 10.12.2014 and minutes were forwarded to the MoEF. The MoEF by its order dated 30.11.2005, issued Environmental Clearance (EC) for expansion of the unit. The industry has applied for Consent to Establish for expansion. The Board by its order dated 20.09.2016 issued the Consent for Establishment for expansion of the industry. Subsequently Consent to Operate order for expansion was also issued on 28.01.2017. It is stated without knowing all these facts the applicant has approached the Tribunal for the relief which is not maintainable.

In so far as it is related to Application No. 192 of 2016, the Board in its reply dated 06.05.2017 while reiterating all other stands taken earlier and narrated above, has stated that in so far as it relates to the Isnapur Tank, it is naturally occurring water body and it is rain-fed. The tank is located just in the downstream side of IDA, Pashamailaram and the total area of the lake is 0.5 Sq.km. The run-off from the catchment area such as Kesoram, Pashamailaram villages etc.,pass through the IDA before joining the tank. The catchment area of the Isnapur tank is about 7 Sq.kms. The IDA, Pashamailaram was developed by APIIC in 1989 in the extent of 1623.53 acres, out of which 572.11 acres were developed in two phases. Most of the chemical industries are accommodated in Phase-II area. Later, the APIIC has developed Phase-III of the IDA in 641 acres and also developed Export Promotion Industrial Park in the area of 207 acres adjacent to the Phase -I & II. Since it is situated in the downstream of the IDA, the tank got contaminated further due to open storage of hazardous solid waste and spillage of chemicals on ground within the industry premises. The rain water got contaminated and the contaminated run-off polluted the tank. The highly water polluting industries in the IDA have become members of PETL, Patancheru. The member industries are segregating the low and high TDS effluents. The Low TDS effluents after pre-treatment are sent to CETP through dedicated tankers. The High TDS effluents are disposed by forced evaporation system. The Common Treatment, Storage and Disposal Facility (TSDF) for the hazardous waste started operating from November 2001 at Dundigal, Rangareddy District. As per the Board's direction there is a secured storage facility and all the hazardous waste were lifted to TSDF after commissioning of the scientific disposal. To avoid spillage the industries were directed to provide platforms with spillage collection pits. It is stated that JNTU, Hyderabad has prepared Technical Report on Conservation and Management Plan of Isnapur tank in 2002 when the said tank was completely dried-up. The JNTU recommended to send contaminated sediments of 937 tonnes to Treatment, Storage and Disposal facility (TSDF), Dundigal.

It is further stated that Pashamailaram Industries Association has taken up the remediation work and lifted about 970 tonnes of contaminated sediments to TSDF, Dundigal in 2002. The remediation work such as sediment dredging were executed by Irrigation Department,Medak as per the direction of the Collector and District Magistrate, Medak District. The cost of about 36 lakhs was borne by the industries located in IDA, Pashamailaram through a notified society called Grama Panchayath Industrial Area Service Society. It is further stated that the Board has not permitted any industry in the catchment area of Isnapur tank for discharging either on land for gardening within the premises nor for disposing into nallah and all chemical industries were permitted to send their treated low TDS effluent to CETP, Patancheru for further treatment and disposal and the high TDS effluents were permitted to dispose off by forced evaporation system and the resultant salts were sent to TSDF, Dundigal for scientific disposal. It is stated that the Telangana State Pollution Control Board has closed all outlets of the industries to prevent any discharge and industries were directed to construct separate drains for storm water/rain water and effluents. Penal measures are being implemented against illegal movement of the effluent tankers particularly during night times. The Board is regularly monitoring industries located in the catchment area of the Isnapur tank and constant night patrolling is conducted to prevent illegal discharges/dumping during night times. The defaulting industries were issued with the show cause notices/ directions/closure orders depending upon the severity of the problem. The Board has analysed the water quality and found that the water is suitable for irrigation. It is stated that without knowing all the subsequent developments, the application has been filed which is liable to be dismissed.

Earlier the Board has also filed a memo on 14.7.2014 regarding the name of private respondents stating that many of the said names were changed either by merger or by new establishments. The list of change of respondents as given by the Board is as follows:

"The names of the following respondents have changed - either due to take over, name change, merger, new establishment etc. And the names by which they are now known is given as below:

Respondent Rank

Name as given in cause- title

Present name

6

M/s Bhagyanagar Oil Refineries Private Limited

M/s ITC Ltd.

29

M/s Venkatarama Chemicals Limited

M/s MSN Laboratories Pvt. Ltd

34

M/s Nagarjuna Steel Ltd.

M/s Pennar Industries Ltd

39

` M/s Chandra Pharmaceuticals Ltd.

M/s MSN Laboratories Pvt. Ltd.

42

M/s Fur Fur Chemicals

M/s Rampex Labs. Pvt. Ltd.

43

M/s Rama Organics (P) Ltd

M/s Enpair Pharma Ltd.

46

M/s Krishna Alchemy

Dr. Reddy's Laboratories Ltd

48

M/s Prasad Drugs Limited

M/s Sai Life Science Ltd.

50

M/s Plant Organics Limited Progressive Industrial Society

M/s MSN Laboratories Ltd.

51

M/s S.R.P. Chemicals

M/s Hygro Chemicals Pharmteck Pvt. Ltd.

52

M/s S.P.S Drugs

M/s Gennex Laboratories Ltd.

53

Dr. Reddy's Laboratories

Dr. Reddy's Laboratories Ltd. Unit-I

54

M/s Benzex Labs

Dr. Reddy's Laboratories Ltd. Unit-II

56

M/s Voltas Limied

M/s Rallis India Ltd.

58

M/s Vipla Organics

M/s Glochem Industries Ltd.

59

M/s Arandy Laboratories

M/s Sri Krishna Pharmaceuticals Ltd. Unit - IV

61

Parks Trade Centre

M/s Arch Pharma Labs Ltd.

62

Ranith Pharma

M/s Aurobindo Pharma Ltd.

68

BMF Beltings Limited

M/s J.K. Fenner (India) Ltd.

71

M/s G.V.K. Petrochemicals Limited

M/s Novopan India Ltd.

73

M/s Medicorp Technologies (I) Limited

M/s Vivin Laboratories Pvt. Ltd.

75

M/s Arandy Laboratories Limited

M/s Sri Krishna Pharmaceuticals Ltd.

78

M/s Aurobindo Pharma Limited, Unit - IV

M/s Virupaksha Organics Pvt. Ltd.

79

M/s Biotech Pharma Limited

M/s Eytan Labs Ltd.

82

M/s Divis Labs

M/s Divis Pharmaceuticals Pvt. Ltd.

87

M/s Erythro Pharam

M/s Erythro Pharma Pvt Ltd.

89

M/s Fine Drugs & Chemicals

M/s Eytan Labs Ltd.

90

M/s Global Bulk Drugs (P) Ltd

M/s Virchow Drugs Ltd

91

M/s Global Bulk Drugs & Fine Chemicals Limited

M/s Piramal Enterprises Ltd.

95

M/s Hetero Labs Limited

M/s Hetero Labs Pvt. Ltd.

97

M/s Hyderabad Drugs & Intermediates (P) Ltd.

M/s Arene Life Science Ltd.

99

M/s Hygro Chemicals Private Limited

M/s Hygro Chemicals Pharmtek Pvt. Ltd.

100

M/s Indian Chemphar Limited

M/s Ogene Systems India Pvt. Ltd.

101

M/s Islan Veerchem Private Limited

M/s Island Veer Chemie Pvt. Ltd.

102

M/s ITW Signode India Limited

M/s ITW India Ltd.

103

M/s Kukule Chemicals Private Ltd.

M/s Kekule Pharma Ltd.

105

M/s Nagarjuna Drugs Limited

M/s Alkali Metals Ltd.

108

M/s Parsin Chemicals Limited

M/s Vindhya Organics Pvt. Ltd.

109

M/s Pennar Steels Limited

M/s Pennar Industries Ltd.

110

M/s Plant Organics Limited

M/s SMS Pharmaceuticals Ltd.

112

M/s Prasad Drugs Ltd.

M/s Sai Life Science Ltd.

113

M/s Prudential Pharmaceuticals

M/s Gennex Laboratories Ltd.

115

M/s Ralchem Ltd.

M/s Rallis India Ltd.

117

M/s Siris India Limited

M/s Siris Crop Science Ltd.

118

M/s SPS Pharma Ltd.

M/s Sridhanada Laboratories

121

M/s Sudershan Drugs Limited

M/s Sudershan Drugs & Intermediates Pvt. Ltd.

123

M/s Triton Laboratories Ltd

M/s Granules India Ltd.

124

M/s United Intermediates Pvt. Ltd.

M/s Astrix Laboratories Ltd.

125

M/s Vamsi Organics Limited

M/s Aurobindo Pharma Ltd, Unit - I

126

M/s Venkatarama Chemicals Ltd.

M/s MSN Laboratories Pvt. Ltd.

127

M/s Vorin Labs Limited

M/s Mylan Laboratories Ltd.

129

M/s Shreeshma Bulk Drugs Limited

M/s Aurobindo Pharma, Unit - III

130

M/s Arka Laboratories Ltd.

M/s Kalvik Laboratories Pvt. Ltd.

132

M/s Konar Organics Ltd. (II&IV)

M/s Eshwar Pharmaceuticals Pvt. Ltd.

133

M/s Kotsun Chemicals Ltd.

M/s Sujit Laboratories Ltd.

135

M/s Senior Organics (P) Ltd.

M/s Aurobindo Pharma Ltd.

141

M/s Vizlac Engineering Private Limited

M/s Vijlak Pharma Ltd.

143

M/s S.R. Drugs & Intermediates

M/s S.R. Drugs & Intermediates Pvt. Ltd.

145

M/s Warner Laboratories Ltd

M/s Warner Laboratories Pvt. Ltd.

149

M/s Venkateswara Medichem Limited

M/s Zyden Gentec Ltd.

151

M/s Nitya Laboratories Limited

M/s Arene Life Science Ltd.

159

M/s Gromor Chemicals Ltd.

M/s S.R. Drugs & Intermediates Pvt. Ltd.

160

M/s Hicel Pharma Limited

M/s Smilax Laboratories Ltd.

164

M/s Proven Chemicals Limited

M/s Mylan Laboratories Ltd.

171

M/s Twin Star Laboratories Limited

M/s Saanvi Laboratories Pvt. Ltd.

172

M/s Sri Rama Labs

M/s Covalent Laboratories Pvt. Ltd.

174

M/s Rajayalakshmi Laboratories

M/s Mylan Laboratories Ltd.

175

M/s Neulife Labs Limited

M/s Total Drugs & Intermediates Pvt. Ltd.

177

M/s Yenkey Drugs Limited

M/s Maithri Laboratories (P) Ltd.

178

M/s Herren Drugs & Pharma Limited

M/s Astrix Laboratories Ltd.

187

Apple Labs

M/s Octtantis Nobel Labs

191

Associates Resins Limited

M/s Vijaysri Organics

194

Brilliant Industries Ltd.

Brilliant Bio-Pharma Limited

201

ITC Bhardrachalam

M/s ITC Ltd.

203

Medicon Lab

M/s Medreich Cephtech Pvt. Ltd.

204

Navya Labs

M/s SPL Chemicals

205

Nector Laboratories

M/s Nectar Laboratories Ltd.

206

M/s SNF Ion Exchange India Ltd.

M/s SNF India Pvt. Ltd.

216

Pavan Asbestos

Dr. Reddy's Laboratories Ltd., Unit-I

224

M/s Invinex Laboratories Ltd.

M/s SMS Pharmaceuticals Ltd.

225

M/s Kiran Biscuits and Foods

M/s Mylan Laboratories Ltd.

226

M/s Suven Pharmaceuticals Limited

M/s Suven Life Science Ltd.

228

M/s Veer Chemi Aeroautics Limited

M/s Veer Chemic & Aromatics Pvt. Ltd.

231

Markwel House Industries Pvt. Ltd.

M/s Parker Hannifin India Private Limited.

In addition to that the memo also states about the repetition of respondents in various places.

The Central Pollution Control Board (CPCB) has filed two affidavits, one before the Hon'ble Supreme Court of India in the WP (C) No. 1056 of 1990 dated 15.12.1997 and the other before this Tribunal on 26.10.2015, in Application No. 90 of 2013 which was originally the W.P (C) No.1056 of 1990 before Hon'ble Supreme Court. The first affidavit was filed based on a direction of the Hon'ble Apex Court to have an independent report in connection with the status of CETP, PETL, PETPL as well as CETL and also of the individual treatment system installed by the individual industries. The Hon'ble Apex Court also indicated the CPCB to deal the entire issue comprehensively and suggest measures they think appropriate to rectify the situation. There was also a direction to set out the industries which have their own treatment plant indicating whether they are in complete form or there is only primary treatment of the effluent. Accordingly the CPCB has worked out the modalities to assess the industries situated in Patancheru-Bollaram Industrial areas in the following terms namely:

i. Capacity of Common Effluent Treatment Plant (CETP) installated at patancheru and Bollaram industrial areas;

ii. Functioning of these CETPs;

iii. Extent of treatment carried out;

iv. Whether the discharge from these CETPS meet the pollution control standards of CPCB;

v. Extent of the areas damaged around the industries as a result of discharge of effluents from industries;

vi. Extent of such damages;

vii. Whether individual units have complete treatment plants or only primary treatment is provided to the effluents; and

viii. The quality of effluent discharged from the individual effluent treatment plants belonging to each of these industries and whether they meet the prescribed standards.

For assessment of functioning of CETPs the followed work plan was formulated by CPCB namely:

i. Conducting of preliminary survey for the assessment of work involved and infrastructure support required to carry out the same (during September 11-12,1997);

ii. Assessment of status of pollution control in Bollaram Industrial area (during October 6-10, 1997); and

iii. Assessment of status of pollution control in Patancheru Industrial Area and performance evaluation of individual industries having their own ETP (during November 3-9, 1997).

In respect of the industries with individual ETPs it was found by study of CPCB that the individual industries are discharging effluents to natural water bodies at Patancheru and to land at Bollaram. Ten major industries have been taken for study. Out of those in respect of two industries namely M/s. Voltas Limited and M/s.Standard Organics, informations were already available with the CPCB. Therefore in respect of those industries the study was confined to assess whether the recommendations made earlier in respect of these industries have been complied with or not. In respect of other units the following aspects were considered for evaluation of the performance namely:

a) Status of house keeping;

b) Status of consent/licences from concerned authorities;

c) Adequancy of Effluent Treatment System;

d) Performance evaluation of ETP;

e) Solid Waste Management;

f) Status of emission and pollution control devices installed;

g) Recommendations on pollution control measures required; and

h) Time needed for implementing the recommended measures so as to meet the standards.

Regarding the CETP, Patancheru, it is stated that it is not fully stabilized and cannot function properly till the equalization tanks are commissioned which were found to be under construction. The CETP has informed that they would be in a position to stabilize in the plant by November 1997. The CETP at Bollaram was also not functioning properly and it was not stabilized even though series of lined ponds have been constructed for final polishing treatment and solar evaporation. The company required few months to stabilise the system. The investigating team of the CPCB has studied the issue in four phases namely,

Phase-I: Inventorisation of CETP member industries at Bollaram Industrial Area.

Phase-II: Inventorisation of CETP member industries for pollution control at Patancheru Industrial Area, programme action similar to Phase-I above.

Phase-III: Reconnaissance Survey of affected area for collecting the information (study reports) available with reference to impact assessment and collection and analysis of samples of water and soil.

Phase-IV: Preparation of comprehensive report which includes performance evaluation of CETP at Bollaram and Patancheru and impact assessment, Assessment of the damaged site and preparation of comprehensive report along with the action plan.

It is stated that CETP located in Bollaram is still accepting the effluents in tankers which are not complying with the standards of Total Dissolved Solids (TDS) and Chemical Oxygen Demand (COD) which are set by the CETP company as a pre-requisite for accepting the tankers for treatment in CETP. The treated waste water for Patancheru CETP is presently discharged into Nakkavagu through Iskavagu drain which finally meets the River Manjira, a tributary of the River Godavari. Sufficient water is not available in these natural water bodies including Manjira except during rainy season. There are 76 members in CETP, Patancheru out of which 9 industries are closed and 46 industries discharge their effluent individually. Likewise there are 110 industries in Bollaram Industrial Area out of which 19 are members in CETP. Out of the 19 units, 17 industries are the members of CETP at Bollaram and only 3 are having simultaneous membership in CETP, Patancheru and 8 in CETP, Jeedimetla also. The CPCB along with the affidavit has filed its interim report which states as follows:

"For proper operation of CETPs, it is necessary that member industries pre-treat their effluents (including segregation of streams and separate treatment) and meet the norms prescribed before transporting it to CETP. Since the CETPs are not yet stabilized, the performance study to evaluate the adequacy of CETPs could not be concluded. The same is proposed to be carried out in the month of January 1998 when the impact study of the effluent discharge would also be taken up."

In the subsequent affidavit filed by CPCB on 26.10.2015, it is stated that CPCB in collaboration with Indian Institute of Technology (IIT), New Delhi formulated the criteria for Comprehensive Environmental Pollution Index (CEPI). Comprehensive Environmental Assessment was carried out in 88 prominent industrial clusters in the country based on the developed CEPI criteria. Out of the 88 clusters, 43 industrial clusters having CEPI score 70 and above have been identified as Critically Polluted Area (CPA). Patancheru-Bollaram cluster of Andhra Pradesh with 70.07 score was identified as one of the 43 CPAs.

The Ministry of Environment, Forests & Climate Change (MoEF & CC) in the Office Memorandum dated 13.01.2010 has imposed temporary moratorium on consideration of new projects / expansion of existing projects in respect of the said 43 CPAs including Patancheru-Bollaram cluster. The MoEF & CC in O.M dated 15.03.2010 has notified the potential impact zones of Patancheru-Bollaram cluster CPA. At the directions of MoEF and CC, the State Pollution Control Boards (SPCBs) have formulated remedial action plans addressing environmental issues. APPCB has formulated such action plan for Patancheru-Bollaram cluster CPA and all stakeholders were directed to implement the action plan to improve the environmental quality. Local Committee were constituted to conduct visits and review / verify the implementation of Action Plans and submit periodical reports to CPCB. It was also being periodically reviewed by the Technical Review Committee (TRC) constituted by the CPCB. The Government of India has adopted a policy of lifting the moratorium conditionally on submission of progress reports from the concerned SPCBs regarding the implementation of action plans. Accordingly the MoEF and CC has lifted moratorium of Patancheru-Bollaram cluster in O.M. dated 26.10.2010 upon receipt of the progress report on implementation from APPCB. Again on the evaluation of the CEPI score which has increased to 76.05, the MoEF & CC in the O.M. dated 17.09.2013 has re-imposed the moratorium. On receipt of the report that adequate measures will be taken to control the pollution levels and continuously monitor the implementation of Action Plan by SPCB, MoEF & CC in the O.M dated 10.06.2014 has kept in abeyance the moratorium dated 17.09.2013. It was as against the said order, Dr. A Kishan Rao has filed O.A. No. 100 of 2014 before the Principal Bench of National Green Tribunal, New Delhi and also for a direction to close down the industries. The Principal Bench in the order dated 09.03.2015 has constituted a Joint Inspection Team consisting of a Senior Scientist of MoEF&CC apart from representatives of APPCB & TSPCB to conduct inspection of all major Pharma industries as per ToR.

Accordingly, the team of officials have carried out monitoring during 25th to 28th March 2015 and 15th to 17th April 2015 and submitted its report to the Principal Bench. It is stated that subsequently the State Pollution Control Board has taken action against defaulting units as per the direction of the Principal Bench of the National Green Tribunal. The Joint Inspection Team report submitted before the Hon'ble Principal Bench of the National Green Tribunal in April 2015 refers to G.O.MS. 62 dated 28.04.1999, G.O.MS. 95 dated 21.09.2007 and G.O.MS. 64 dated 25.07.2013 as discussed earlier. In respect of the functioning ZLD system and other treatment facilities provided by the industries as per the guidelines of the CPCB, it was observed by the team that out of the 28 industries inspected, 16 industries namely 1) M/s. Aurobindo Pharma Ltd., Unit-I, IDA, Borpatla, Medak District, 2) M/s. Aurobindo Pharma Ltd., Unit-V, IDA, Borpatla, Medak District, 3) M/s. Hetero Drugs Ltd., Unit-IV, Bonthapally, Jinnaram (M), Medak District, 4) M/s. Hetero Drugs Ltd., Gaddapotharam, Medak District, 5) M/s. Hetero Drugs, Unit-I, Bonthapally, Jinnaram (M), Medak District, M/s. Aurobindo Pharma Ltd., Unit-VIII, Gaddapotharam, Medak District, 7) M/s. Piramal Health Care Ltd., Unit-II, Digwal (V), Kohir (M), Medak District, 8) M/s. Neuland Laboratories Ltd., Unit-I, Bonthapally, Medak District, 9) M/s. Aurobindo Pharma Ltd., Unit-IX, Gundlamachanoor, Medak District, 10) M/s. Arch Pharma Lans Ltd., Gaddapotharam(V), Medak District, 11) M/s. Matrix Laboratories Ltd, unit-I, Gaddapotharam (V), Medak District, 12) M/s. Matrix Laboratories, Unit-VII, IDA, Pashamailaram, Medak District, 13) M/s. Covalent Laboratories Pvt, Ltd., Hatnoor (M). Medak District, 14) M/s. Piramal Health Care Ltd., Unit-III, Digwal (V), Kohir (M), Medak District, 15) M/s. Piramal Health Care Ltd., Unit-I, Digwal (V), Kohir (M), Medak District and 16) M/s. Biocon Ltd (Formerly M/s. Gulf Oil Corporation Ltd,) IDA Pashamailaram have provided ZLD systems to treat the HTDS and LTDS effluents generated which are adhering to the guidelines of CPCB and the recommendations of High Level Expert Committee. However in respect of M/s Aurobindo Pharma Ltd Unit V, it was found that even though they have provided ZLD system they are still sending non processed effluents to M/s, PETL, Patancheru. Three industries namely M/s. Neuland Laboratories Ltd, Unit-II, Pashamailaram, Medak District, M/s. MSN Pharm Chem Pvt Ltd., IDA Pashamailaram, Medak District and M/s. Suven Life Science, Pashamailaram, Medak District are in the process of achieving ZLD. It is stated that the remaining industries have upgraded their treatment systems to treat the HTDS effluents in Stripper, MEE followed by ATFD / FE systems. The LTDS effluents after pretreatment are sent to M/s. PETL, Patancheru for further treatment.

The report also stated that another 7 industries have provided comprehensive ZLD systems for treating HTDS and LTDS effluents in Patancheru-Bollaram area namely 1. M/s. Ogene Systems, Pasbamialaram, 2. M/s. Dr. Reddy's Laboratories Unit- I, IDA, Bollaram, 3. M/s. Dr. Reddy's Laboratories Unit-II, IDA, Bollaram, 4. M/s. Dr. Reddy's Laboratories Unit- III, IDA, Bollaram, 5. M/s. SMS Pharmaceuticals, Khazipally, 6. M/s. Granules India Ltd., Bonthapally and 7. M/s. Astrix Laboratories Ltd., Gaddapotharam. After analysing the said units and their functioning, the Joint Inspection Team has made following recommendations and suggestions:

a) As per the action plan submitted to the state PCB, the 25 industries have either provided ZLD or upgraded their treatment systems. M/s. Neuland Laboratories, Pashamylaram and M/s. Suven Laboratories, Pashamylaram shall complete the installation of ZLD systems immediately as they are already behind the schedule.

b) The ZLD systems shall be provided with standby pumps at all the critical areas to continuously run the systems.

c) Some of the ZLD units have provided hood with extraction system connected to scrubbers for equalization cum neutralization tanks of High TDS tanks to control the VOCs in the ambient air. The same may be replicated in the other units to control the VOC emissions.

d) All the units may be directed to provide above ground effluent storage tanks with 3 to 7 days storage capacity to store the High TDS and Low TDS effluents in case of the maintenance of treatment systems.

Regarding the groundwater analysis from the area where pharmaceutical industries are located, the team has identified seven sampling points and ultimately made the following recommendations:

A STP may be proposed in the upstream of Nakkavagu near Pocharam area as the Nakkavagu and Iskavagu streams are contaminated with domestic sewage from the residential colonies in the surrounding areas.

Regarding Asanikunta the Board may take up remediation studies and shall take up remediation of Asanikunta lake. Another STP may be proposed in the upstream of Asanikunta to treat the effluents generated from the residential colonies situated in Bollaram area.

Regarding the functioning of the CETP namely PETL, Patancheru, the following recommendations have been given by the inspection team:

i) The CETP shall establish the facility to analyse the heavy metal in the inlet and outlet of CETP as per the directions of the State Board.

ii) The CETP shall provide online VOC meter with proper range and calibration to know the VOCs in the ambient air.

While answering as to whether all these industries are discharging effluent into CETP or not, it was observed by the Joint Team that industries who have installed comprehensive ZLD systems have completely stopped sending their effluents to CETP. The treated effluent namely RO Permeate are used for cooling tower makeups in their premises. The remaining industries where the treatment systems are upgraded to treat the HTDS effluents are evaporated in Stripper, MEE followed by ATFD / FE system. The MEE condensate generated along with LTDS effluents are sent for further treatment and disposal after meeting the inlet standards. Ultimately the team has given the following recommendations / Suggestions namely:

The industries may be directed to provide separate storm water drains to avoid mixing of effluents / spillages and connect to rain water collection tank.

While dealing with the issue regarding the source of water and in cases where groundwater is extracted as to whether permission has been obtained from the Central Ground Water Authority, it was observed that on inspection, the 28 Pharmaceutical industries located in IDA do not have borewells in their premises and their water requirement is being met either from the supply from Industrial Infrastructure Corporation or through water tankers from private agencies. Again when considering the issue as to whether the industries have bypassed for discharging their effluents into earth by any methodology, the joint team observed that the industries in overall are complying with the conditions of the State PCB and no discharge or bypass arrangements are provided. Further, in respect of the 2 industries namely M/s Everest Organics Ltd., and M/s. Chaitanya Chlorides Ltd., the ZLD was found to be poor and ultimately in respect of those industries the following recommendations were given by the team namely:

Recommendations / suggestions in respect of M/s Everest Organics Ltd:

i) The industry may lift all the effluents stored in the High TDS collection tank and low TDS collection tank to CETP for further treatment and dismantle all the underground effluent storage tanks.

ii) The industry may lift the hazardous waste stored openly to TSDF immediately and shall store the hazardous waste generated in closed shed only.

iii) The industry may revamp their treatment systems. The industry may be directed to provide comprehensive ZLD system after thorough study of their effluent characteristics.

iv) The industry may provide STP to treat the domestic effluents and use for their gardening purpose instead of taking directly to plantation.

Recommendations / suggestions in respect of M/s. Chaitanya Chlorides Ltd:

a. The industry may continuously operate the MEE provided and shall carryout concerting of the entire plant area to avoid acidic spillages.

b. A thorough study shall be taken up through an independent agency (preferably National Geophysical Research Institute (NGRI) or Ground Water State PCB) to assess the contamination of ground water and seepages in the nearby area of the industry.

In addition to that the Committee has also given certain recommendations for installation of online system for continuous monitoring and filing of report regarding Stack/Ambient air quality.

Pattancheru Enviro Tech Ltd., (PETL), a Common Effluent Treatment Plant at Patancheru which is Respondent No.5 in Application No.69 of 2013, in the affidavit filed before the High Court on 2.6.2003 has furnished particulars about the industries letting out untreated effluent. It is stated that about 171 industries have registered with PETL. However, out of 171 industries, only 90 units are sending their effluents to PETL and other units are stated to be either sick or closed or would have set up their own treatment facilities. The list of 90 units who sent their effluents to PETL between April, 2002 and March, 2003 has been furnished as follows:

S.No

Name of the Industry

April 2002

No. of

pH

Monthly Avg.

Monthly Avg

Tanker s

COD mg/L

TDS mg/l

1.

Alkali Metals Limited

11

7.52

3789

7788

2.

Anu's Laboratories Limited

14

7.86

1071

3627

3.

Apex Drugs & Inter Ltd.

85

7.65

7600

11395

4.

Arandy Labs Limited

55

7.84

11236

11221

a)

Aurobindo -1 (Srichakra)

345

7.38

9540

6704

b)

Aurobindo Pharma (BOL)

258

8.13

4093

14112

c)

Aurobindo Pharma (IV)

0

0

0

0

d)

Aurobindo Pharma (V)

445

7.73

5572

14023

e)

Aurobindo (Chitkul (VI)

50

7.18

5992

5464

6.

AVRA Laboratories Ltd.

8

7.71

10250

3900

7.

Biological E Limited

49

7.38

3713

7216

8.

Cipior Organics Limited

8

7.93

7675

9455

9.

Cirex Pharmaceuticals

14

7.42

6774

5031

10.

Corey Organics Limited

1

6.84

5400

5489

11

Covalent Laboratories

0

0

0

0

12

Deccan Leathers Limited

60

7.48

2770

5060

13

Dia Ichi Karkaria Limited

0

0

0

0

14.

Dr.Curies Lab. Limited

67

7.18

7487

10272

a)

Dr.Reddy's Labs (I)

149

7.93

1703

10010

b)

Dr.Reddy's Labs (II)

231

7.84

3923

10041

c)

Dr.Reddy's Labs (III)

95

7.23

6653

9167

d)

Dr.Reddy's Labs (IV)

60

7.22

5353

10454

e)

Dr.Reddy's Research Foundation

0

0

0

0

16..

Enpiar Pharma Pvt. Ltd.

10

7.31

12320

9115

17.

Erythro Pharma Ltd.

0

0

0

0

18.

Everest Organics Ltd.

64

7.64

3685

8114

19.

Flemings Labs Limited

30

7.54

5127

9862

20.

Global Bulk Drugs Ltd.

205

7.48

10880

10514

21

Global Drugs (P) Ltd.

86

7.46

3766

11504

22.

Glochem Industries Ltd.

15

7.32

3920

4666

23

Gurpreet Galvanising Ltd.

0

0

0

0

24.

Harika Drugs Limited

10

7.61

6660

13053

25.

Hexagon Drug Labs Limited

0

0

0

0

26.

Hitesh Chemicals Ltd.

18

7.39

10325

6402

27.

Hyd. Chemical Products Ltd.

22

6.98

1400

10624

28.

Hy-gro Chemicals Limited

16

7.68

4038

4085

29

Indian Chemphar Ltd.q

0

0

0

0

30

Inventaa Chem.Ltd. (Deccan DR)

11

7.31

5280

3816

31

Invinex Labs Ltd.

0

0

0

0

32.

Island Veer Chemie

5

7.32

2400

3544

33.

ITW Signode India Ltd.

0

0

0

0

34.

Jaycinth Drugs (Hyd. Drug)

0

0

0

0

35.

Jupitar Biosciences Ltd.

18

7.38

10063

7958

36.

Kalpana Chemicals Ltd.

6

6.64

2700

3477

37.

Kalvik Laboratories

0

0

0

0

38.

Kekule Chemicals Ltd

6

7.48

10400

13680

39.

Konar Organics Ltd

0

0

0

0

40.

Kotsun Chemicals Ltd.

30

7.12

3815

4531

41.

Laxmi Drugs & Inter Ltd.

3

3 7.22

933

2198

42.

Lee Pharma Ltd.

9

7.83

8311

7025

43.

Mantena Drugs Ltd.

0

0

0

0

44.

Matrix Labs Ltd. (Herren)

36

7.62

9177

11275

45.

Medchl Chemicals Ltd.

0

0

0

0

46.

Medicorp. Tech (I) Ltd.

0

0

0

0

47.

Merven Drugs Ltd.

44

7.78

6373

6953

48.

Natco Pharma Ltd.

334

7.68

2061

9041

49.

Neo Medichem (P) Ltd.

1

7.20

1000

11900

50.

Nestor Pharmaceuticals

0

0

0

0

a)

Neuland Labs Ltd. (BON)

68

7.45

9767

11555

b)

Neuland Labs Ltd. (PSM)

425

7.98

11953

11173

52.

Neulife Laboratories Ltd.

12

7.66

1353

3715

53.

Nitiya Labs Ltd.

28

7.63

7800

6583

54.

Parsin Chemicals Ltd.

3

7.78

2300

9583

56.

Porus Drugs Ltd

7

7.28

651

2596

57.

Prabhava Organics (P) Ltd.

62

7.62

9538

12437

58.

Pragati Organics Ltd.

10

7.38

3733

3949

59.

Prasad Drugs Ltd.

25

7.62

4168

9117

60.

Prudential Pharma Ltd.

19

8.12

7348

11923

61.

Quinn India Ltd

19

7.44

584

2849

62.

Quinn International Ltd.

7

7.32

5167

1833

63.

Rajyalakshmi Labs Ltd.

0

0

0

0

64.

Rakshit Drugs (P) Ltd.

0

0

0

0

65

Ralchem Ltd.

347

7.63

2553

12087

66 a)

Ranit Pharma (Unit-II) Sreesh

27

7.27

8185

10539

b)

Ranit Pharma (Unit-III) Vamsi

15

7.43

5227

3716

67.

Richline Pharma Ltd.

0

0

0

0

68

Roopa Industries Ltd.

0

0

0

0

69

Saraca Labs Ltd.

26

7.67

3483

2072

70

Senor Organics Ltd.

19

7.98

6460

11102

71

Sharp Organics (P) Ltd.

41

7.38

2529

11465

72

Sigachi Laboratories

0

0

0

0

73

SMS Pharmaceuticals Ltd.

15

7.32

3292

7678

74

Sri Gayatri Drugs Ltd

0

0

0

0

75

Sri Rama Labs Ltd.

0

0

0

0

76

Sri Venkateswara Medich

0

0

0

0

77

SS Organics Ltd.

78

7.76

6947

9236

78

Sujana Metals

0

0

0

0

79

Surana Tubes Ltd.

28

7.12

564

8885

80

Symed Labs Ltd.

15

7.78

11280

7104

81.

Synthochem Ltd.

23

7.41

5010

10061

82.

Vasudha Pharma Ltd.

24

7.68

9008

8915

83.

Vaya Jayanthi Drugs Ltd.

4

6.78

2700

12525

84.

Veer Chemie Ltd.

11

7.22

3676

2824

85.

Venkar Chemicals Ltd.

44

7.98

8800

11089

86.

Venkatarama Chemicals

39

7.36

1948

10600

87.

Virchow Chemicals

0

0

0

0

88

Vorin Labs Ltd.

177

7.75

6783

12917

89.

Warner Laboratories Ltd.

32

7.62

13452

11537

90

Yag Mag Labs Ltd.

9

7.95

7800

12043

In an another affidavit filed before the High Court in October, 2004 based on the suggestions made by the learned counsel appearing for the writ petitioners and as per the direction of the Division Bench of the Hon'ble High Court dated 5.10.2004 it is stated that the analysis of the waste water referred to in the suggestion are pertaining to the period between 1996 and during the time of filing of the affidavit there has been significant reduction of pollution in the industrial area. The PETL has also referred to the NEERI report submitted in 1997 and 2002. It is further stated that outlet parameters of treated effluents are conforming to sewage standard as per the Environment (Protection) Act, l986 and the standards prescribed by CPCB. The project cost of PETL was Rs.571 Lakhs and the balance amount of Rs.259.62 Lakhs was paid by the industries. The government contribution of PETL project was around 22%. In respect of laying of 18 KM pipeline for carrying treated effluents 75% contribution was from industries and 25% from the government of Andhra Pradesh and therefore according to the PETL the industries are alive with the problem. The PETL is treating the pre-treated effluents with the suspended solids not exceeding 1,000 Mg/L and discharging the treated effluents with suspended solids about 100 Mg/L only. It is stated that after the PETL management was taken over from APIIC by the Board of Directors there is a significant improvement by introducing liquid technology. Therefore, it is not correct that the effluents are dumped in CETP without treatment. There is no arsenic in treatment effluent of PETL corroborated with the net result. The PETL is using 7.5 MLD capacity and at that time it was accepting 3.75 MLD effluents from small/medium enterprises and the PETL on the said date of filing affidavit was working with 50% capacity utilisation. It is stated that laying of 18 KM pipline to Amberpet was ordered to be implemented by the Hon'ble Supreme Court based on Environment Impact Assessment (EIA) report prepared by Jawaharlal Nehru Technological University. Out of 18 KM project, major portion has been covered and the industry contributed enormous amount apart from the government of Andhra Pradesh releasing the fund of 25% of the contribution from it. Therefore, it is stated by the PETL that it has complied with the directions of the Hon'ble Supreme Court and pre-treated effluents from the units as per the norms treating the effluents further to sewer standards discharge. The 18 KM pipeline is almost completed.

In the reply dated 19.1.2015 filed before this Tribunal by the PETL it is stated that the object behind setting up of PETL is to reduce pollution. As per the direction of the Hon'ble Apex Court the pipeline running to 22.5 KM was laid in 2009. It is stated that at present the PETL is fully equipped for treatment of effluent as per the standard stipulated by TSPCB. It is the further case of the PETL that in the past 6 - 7 years the PETL has been meeting the standards prescribed by the Board. The particulars relating to the performance of PETL between 2009 and 2015 as annexed in the said reply are as follows:

ANNUAL PERFORMANCE OF M/S.PETL (2009-2015)

The Compliance of inlet and outlet standards formulated by regulatory authority by PETL is seen from the following analysis report.

Month

Inlet

Outlet

Inlet

Outlet

Inlet

Outlet

Inlet

Outlet

Inlet

Outlet

Standard

100

5000

2100

15000

500

-

30

50.00

50.00

-

May 2009

396

45

2114

1527

2914

236

1497

22

37.00

39.00

June 2009

628

43

2566

1707

2141

211

1086

19

30.00

10.00

July, 2009

641

40

2692

1789

2397

191

1198

17

31.90

1.14

August, 2009

690

38

2601

1700

2578

175

1286

15

32.81

3.39

September 2009

728

35

2193

1255

2307

147

1158

12

32.06

2.49

October, 2009

699

37

2203

1366

2508

180

1239

17

31.37

1.55

November, 2009

688

36

2459

1758

2717

213

1324

22

32.07

1.51

December, 2009

602

35

2471

1733

2896

277

1411

27

32.03

2.17

January, 2010

500

37

2405

1681

3120

251

1449

21

33.73

1.98

February, 2010

456

36

2316

1672

2980

248

1385

20

33.30

1.71

March, 2010

450

35

2354

1773

3133

219

1443

14

32.29

1.30

April, 2010

451

41

2327

1765

2988

214

1350

12

31.95

1.47

May, 2010

465

45

2302

1768

3074

231

1344

16

32.84

1.34

June, 2010

459

43

2267

1661

3139

214

1330

14

32.61

1.30

July, 2010

486

48

2296

1643

3146

206

1336

13

32.88

1.12

August, 2010

448

41

2277

1528

2945

197

1212

11

33.49

1.05

September 2010

443

38

2306

1547

3131

201

1283

15

33.73

1.06

October, 2010

448

43

2326

1743

3208

201

1308

14

33.78

1.20

November, 2010

445

46

2302

1740

3347

200

1376

15

33.03

1.10

December, 2010

456

46

2349

1803

3360

213

1371

20

33.65

1.38

January, 2011

434

41

2339

1762

3528

215

1430

22

34.29

1.91

February, 2011

423

41

2305

1692

3366

214

1356

20

33.73

1.71

March, 20111

384

25

2372

1788

3133

187

1276

13

32.89

1.41

April, 2011

382

45

2349

1630

3067

198

1253

12

32.23

1.45

May, 2011

371

46

2321

1511

3099

191

1261

9

31.62

1.45

June, 2011

374

46

2350

1563

3147

192

1287

11

31.09

1.34

July, 2011

374

45

2337

1518

3149

187

1272

9

31.85

1.42

August, 2011

368

48

2287

1420

3208

189

1290

11

32.41

1.57

September,2011

374

52

2288

1412

3211

188

1300

11

32.77

1.68

October, 2011

413

55

2306

1483

3195

207

1301

16

33.47

2.16

November, 2011

441

50

2304

1433

3256

195

1314

13

32.41

1.87

December, 2011

455

51

2305

1455

3311

197

1362

17

33.15

2.14

January, 2012

452

50

2294

1403

3203

186

1277

11

31.43

1.69

February, 2012

448

51

2353

1539

3114

188

1265

15

31.99

1.74

March, 2012

470

53

2380

1606

3190

192

1295

17

31.93

1.72

April, 2012

456

50

2372

1658

3120

183

1247

12

30.59

1.67

May, 2012

477

51

2442

1592

3172

178

1269

12

31.71

1.91

June, 2012

471

50

2424

1644

3213

189

1283

13

33.85

2.56

July, 2012

474

50

2294

1440

3311

190

1360

13

33.98

3.86

August, 2012

472

52

2332

1492

3339

214

1389

18

35.55

12.24

September 2012

461

53

2325

1427

3325

197

1369

16

35.20

16.56

October, 2012

464

54

2319

1485

3381

202

1414

19

35.91

10.14

November,2012

465

51

2297

1494

3387

207

1405

19

35.42

08.67

December, 2012

467

54

2195

1480

3375

201

1403

20

35.54

07.73

January, 2013

464

53

2245

1473

3223

199

1322

19

33.25

06.18

February, 2013

460

52

2292

1527

3231

203

1312

19

31.33

04.18

March, 2012

461

55

2282

1561

3270

197

1325

17

32.65

02.72

April , 2013

457

51

2301

1574

3120

183

1261

14

34.96

02.01

May, 2013

446

51

2427

1697

3105

184

1274

14

33.71

01.82

June, 2013

452

53

2311

1580

3168

181

1322

14

34.23

01.73

January, 2014

475

56

2249

1505

2968

182

1231

14

33.88

0.89

February, 2014

508

56

2269

1523

2994

179

1241

14

33.73

0.77

March, 2014

465

53

2296

1568

3006

188

1244

16

34.47

0.82

April, 2014

456

53

2255

1585

2963

188

1219

16

33.98

0.77

May, 2014

452

53

2264

1519

3053

190

1266

16

34.44

0.82

June, 2014

454

51

2281

1545

3069

193

1269

17

34.34

0.81

July, 2014

442

47

2251

1608

3166

192

1303

17

34.55

0.89

August, 2014

448

51

2225

1496

3285

201

1357

19

35.11

0.95

September 2014

474

53

2301

1499

3208

201

1325

19

34.79

0.96

October, 2014

479

55

2303

1481

3272

195

1357

17

35.89

1.42

November, 2014

469

54

2257

1558

3413

197

1414

19

37.09

2.14

December, 2014

461

54

2301

1597

3179

199

1322

20

37.27

2.97

January, 2015

463

56

2336

1592

3249

205

1349

21

36.72

2.29

February, 2015

455

55

2286

1586

3306

202

1366

20

37.18

2.12

March, 2015

459

54

2291

1615

3133

201

1301

19

36.72

1.88

April, 2015

497

56

2318

1632

3264

200

1355

19

36.59

1.52

May, 2015

510

55

2354

1644

3123

200

1295

19

36.83

1.55

June, 2015

512

54

2327

1688

2989

198

1250

19

37.26

2.01

July, 2015

520

54

2355

1688

3006

198

1244

19

36.60

1.52

August, 2015

520

52

2325

1686

3001

199

1250

19

36.60

1.56

September 2015

519

56

2311

1651

3101

199

1291

19

37.35

1.78

Therefore, it is the case of the PETL that it has got facilities to treat the effluents and not discharging untreated effluents in Godavari River. It is also stated that the PETL is now discharging the treated effluent water to the dedicated 22.5 KM pipeline from plant site to K & S Main Balanagar as per the orders of the Hon'ble Supreme Court dated 6.2.2001 and 17.7.2007. It is also stated that the PETL is treating effluents as per the standards fixed by the Joint Action Plan submitted by the CPCB and APPCB (now TSPCB) approved by the Hon'ble Supreme Court in the order dated 17.7.2007. The order of the Hon'ble Supreme Court produced by PETL reads as follows:

"In these cases, an Action Plan has been submitted to the Court.

That action plan has been prepared by the Competent Authority after hearing the affected parties. This Court is not inclined to go into the validity of the parameters prescribed by the Competent Authority under the Action Plan. The question basically which has been raised on behalf of the petitioners is that under the said Action Plan, the parameters applicable for discharge into the river cannot be applied to the discharge into nallas. We do not find merit in this contention on behalf of the petitioners. These are matters of technical details. It is a matter of degree. We do not wish to interfere. The Action plan is accepted by the Court which shall be implemented at the earliest possible time.

Accordingly, the Writ petitions are disposed of. Interim orders stand vacated.

In Writ Petition (C ) NO.441 of 2005:

It is not in dispute that the petitioner meets the inlet standards prescribed by the Action Plan. It is made clear, however, that the petitioner shall also comply with the outlet standards prescribed and mentioned in the Action Plan. However, fulfilment of outlet standards can happen only after the connectivity is established with the S.T.P.

The requisite amount has also been deposited by the petitioner. It is made clear that the outlet standards will have to be complied with by the petitioner after the connectivity is given with the S.T.P. The connectivity may be given as per the Action Plan.

Accordingly, the Writ Petition stands disposed of."

The PETL has also stated that Dr. A.B. Harapanahalli, Advisor, MoEF & CC and Member of the Committe has complimented that PETL is the best facility and functioning to the satisfaction.

The Bulk Drugs Manufacturers Association (INDIA) (BDMAI) which is the 6th respondent in Application Nos.69, 70 and 71 of 2013 in the reply filed before this Tribunal in January, 2016 has stated that the Association was formed in the year 1991 in Hyderabad as its headquarters and is an All India body, representing most of the bulk drug manufacturers. The BDMAI which was not originally arrayed as a party, was subsequently impleaded on 22.12.2015 and that the pharmaceutical manufacturers of large, medium and small scale sectors in the country are providing employment for more than 60 lakh people directly and indirectly with the capital investment of pharma industry in the country being about Rs.40,000 Crores. The bulk drug industry contributed about Rs.21,753 Crores worth of exports during the year 2014 -2015 which is growing by over 15% to 20% every year and 45% of world bulk drug demand is met by it. Having started as a processing industry, the industry today has grown into a highly sophisticated one, meeting the international standards of production, technology and quality control.

Most of the pharmaceutical industries are the members of BDMAI. It is stated that in the prevailing situation, taking into consideration and substantial change in the production process, the prayer made in the application does not survive. The grievance of the applicant particularly M/s. Indian Council for Enviro Legal Action has been completely addressed. The grievances of the applicants are not industry specific but it is individual and therefore the applicants are not entitled for any relief. It is stated that in early 1970's the State of Andhra Pradesh, with an aim of industrialisation of the State and achieve self sufficiency in drugs and intermediates, has established small and medium scale industries, by offering incentives. This has encouraged industrial development areas in Patancheru, Bollaram, Khazipalle etc. At the relevant point of time there was not much of technology for treatment of industrial pollutants and the primary responsibility was to provide infrastructure like water, electricity, treatment plant etc. Therefore, with the available resources, the authorities have concentrated more on the industrialisation and indigenous bulk drug and intermediate manufacturing without concentrating much on treatment facility. Considering that in the early years due to the above said reason the industries have caused pollution to a large extent, the Hon'ble Apex Court in W.P(C). No.1056 of 1990 (Application No.90 of 2013 before the NGT) monitored the pollution from bulk drug industries in and around Hyderabad, Ranga Reddy and Medak Districts. After the introduction of new technology and specialisation of manufacturing bulk drug and intermediates, there is a complete change of circumstances. The members of BDMAI are bound by the provisions of the Water Act and Air Act and Environment (Protection) Act, 1986 and Rules made thereunder and it is stated that all the members of BDMAI are having required permission for the operation of their industries. It is stated that as the standard of production has improved, the Government has issued amendment to the earlier G.O, prohibiting any extension activities. The relaxation was done only after the units have achieved Zero Liquid Discharge (ZLD). The activities of the member units of BDMAI are constantly monitored by the Board and other authorities. The units have established primary treatment facilities and after the establishment of PETL at Pattancheru and Jeedimelta, the pre treated effluents were sent to PETL, that the industries have made their ability to treat their effluents and that the TDS level has come down to less than 5000 Mg, as it was ordered by the Hon'ble Supreme Court on 7.7.2007. There is no discharge of treated effluents into any stream, well or neighbourhood and the emission standards are as per the stipulation of Environment (Protection) Rules, 1986. In addition to that, the hazardous wastes are safely handled by transporting to TSDF, Dindigul. At the time of starting of all these industries there were no regulatory measures for four decades in respect of discharge of treated effluents and pollution technology and the above said factors have contributed in causing environment pollution. It was after filing of W.P.(C)No.1056 of 1990 and subsequent directions given by the Supreme Court, the industries have stopped discharging effluents and have been acting scrupulously in accordance with the directions of the Board and therefore the original prayer has been substantially complied with. A reading of the committee report headed by Justice Sri A. Gopala Rao will also substantiate that there is no obligation on the part of the industries to pay any compensation.

The BDMAI has also referred to various statutory provisions of the Water Act particularly with reference to the definition of the term 'environment', Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008 and other statutory provisions to show that those statutory directions are being complied with by the industries and it cannot be said that the provisions of environmental laws are being flouted. A continuous reading of the report of the Board shows that the pollution level and generation of effluents has come down on the ground of reduce, reuse and recycle principles of natural resources. The order of the Hon'ble Apex Court in granting permission for operation of 18 KM pipeline from CETP, Patancheru to STP Amberpet shows the bona fide conduct of the member industries. Without reference to all the subsequent developments, the applicant continues to make false and frivolous allegations against the industries. The private study made by BDMAI to locate and point out the source of pollution and trace out flow passage of sewage in chain from routine settlement through industrial area to Hussainsagar lake is produced by BDMAI as annexure. It is also stated that the fact finding committee of Justice Sri A. Gopal Rao on various occasions and the final action plan for the improvement of environmental parameters in PETL, Pattancheru, Bollaram cluster in November, 2010 would demonstrate that there is no cause of action by the applicant before this Tribunal as on date.

It is stated that the NEERI report if read, would show the improvement. It is stated that from the materials available the compensation has already been paid by the industries to the government/Board and there are no further amounts liable to be paid. It is reiterated that the discharge by each industry at CETP was in accordance with the Joint Action Plan/reports of APPCB/CPCB and as per the directions of the Hon'ble Supreme Court. There has been considerable reduction in the number of tankers sent to CETP, Patancheru for further treatment. Regarding establishment and utilisation of 18 KM pipeline, the permission granted by the authority is duly considered by the Hon'ble Apex Court and the same cannot be raised by the applicant. The USEPA prescribing 188 parameters are not applicable to India. It is the Indian laws and regulations which are being followed by the industries and scrupulously implemented. It is stated that most of the agricultural lands in the area have been converted into residential and commercial zones with highly appreciated real estate prices due to urbanisation and formation of Outer Ring Road (ORR) and most of the villagers have changed the ownership of the lands. It is reiterated that in view of the scientific and technological advancement, most of the units of the industry have achieved ZLD. The request for compensation is unwarranted. Due to the bifurcation of composite State of Andhra Pradesh now as State of Telangana and State of Andhra Pradesh result in consequence of reducing the thrust and impact of specific area like Patancheru and Bollarum. It is further stated by BDMAI that one of the applicants in Application No.82 of 2013 Dr. A. Kishan Rao has also filed O.A.No.100 of 2014 on the file of the Principal Bench of NGT against lifting of moratorium issued by MoEF & CC dated 17.9.2013. In view of the pendency of the application before the Principal Bench, the present Application No.90 of 2013 has to be dismissed. The bona fide of Dr. A. Kishan Rao is questioned by BDMAI.

Respondent No.232 in Application No.90 of 2013 viz., Jeedimetla Effluent Treatment Ltd., (JETL) which was impleaded by this Tribunal in the order dated 16.12.2015 in M.A.No.314 of 2015 has stated that it is a private company incorporated under the Companies Act, 1956 in 1987 with seven entrepreneurs from the Industrial Development Area, Jeedimetla, Hyderabad. The purpose of floating of the company was to set up Common Effluent Treatment Plant (CETP) for disposal of industrial waste water being generated by chemical and bulk drug industries. During the year 1987 - 1988 the shares of the company were issued to the industries from chemical and bulk drug industries etc who constitute the members of Jeedimetla (JETL). It is stated that from 1989 onwards JETL has been operating a Biological Treatment Plant for treating industrial waste water and also heterogeneous waste water being discharged by its member industries. The project was completed in three phases with treatment capacity of 5 MLD per day. It is stated that afterwards the CETP was converted into a Combined Waste Water Treatment Plant (CWWTP) and in fact the company has laid pipeline from colony and channelises the sewage to CWWTP for disposal and treatment. It was by considering the industrial pollution in Patancheru industrial area in Medak District which is different from Jeedimetla Industrial Zone, the Hon'be Supreme Court has passed an interim order directing the CPCB to study the functioning of JETL along with other CETPs in Patancheru and Bolarum and submit a report. A Team of Engineers from CPCB have visited JETL and conducted study and submitted a Joint Action Plan regarding the functioning of CETPs in Hyderabad area. While referring to the recommendations made by CPCB in the Comprehensive Report in relation to JETL a specific direction was given and JETL has agreed to implement the recommendations by September, 1998 and CPCB was directed by the Hon'ble Supreme Court to submit report and in the report of October, 1998 the CPCB has stated about the substantial compliance by JETL, however suggesting further measures for improvement. The CPCB has also referred to JETL to exclude it from the Joint Action Plan for which the CPCB has clearly stated that the pollution control regulation with respect to the JETL was a matter of routine operation and maintenance is the duty of the State Board. The CPCB has also stated that the JETL has satisfactorily and effectively achieved the task assigned by the Hon'le Apex Court. It was in those circumstances, the Hon'ble Supreme Court on 10.11.1998 has directed the Board to make routine surveillance and there has been no complaint in respect of JETL thereafter. The Hon'ble Supreme Court based on the report of the CPCB has given the following directions:

"There will be no new members and no additional industrial load from outside Jeedimetla area in the present CETP at Jeedimetla.

Neighbourhood concept and single membership issue shall be sorted out in consultation with other CETPs.

There will be periodic monitoring by the State Pollution Control Board of JETL effluent at the outlet of CETP; and in the event of violation, fines may be imposed as per norms fixed by the Board.

The State Pollution Control Board in consultation with JETL management shall evolve a programme for gradual reduction of total dissolved solids either at individual level or at combined level so as to ensure that the microbial activities at aeration tank is not perturbed and also from the point of view of desirable limit of combined wastewater discharge at Amberpet sewage treatment plant considering the beneficial uses of receiving water body.

The State Board shall instruct the JETL management in proper in storage of ETP sludge at their own premises till the common TSDF facility is developed." It is stated that thereafter the matters were transferred by the Hon'ble Supreme Court to the High Court of Andhra Pradesh for monitoring purposes that in no one of the subsequent writ petitions JETL was a party. It is further stated that JETL has set up a Thermal Evaporation Plant which is a multiple effect evaporation process followed by spray drying for treating and disposal of high TDS effluents and thereby JETL has become a pioneer in setting up the said plant in India. It is stated that the JETL has been meeting the Surface Water Standards prescribed by the Environment (Protection) Act, 1986. Even though the treated waste water from JETL is discharged into the sewers of HMWS & SB, the samples of discharge periodically are analysed by JETL, the Board and a third party viz.,

Environment Protection and Training Research Institute (EPTRI) an independent registered society set up by the Government of Andhra Pradesh with the assistance of the Government of India. The periodical test results show the quality of the treated water being discharged from JETL at prescribed standard stipulated by the Environment (Protection) Act, 1986 and the Board. It is further stated that the JETL is involved in spreading environmental awareness and pollution control measures in Jeedimetla Industrial Area in particular and Hyderabad in general and planted large number of trees apart from supplying water, developing and maintaining green belt within the industrial area as well as surrounding colonies. The JETL has also given list of various activities and workshops and seminars conducted by it in spreading awareness on environment among the people in the area. It is further stated that JETL is located about 32 KM from Patancheru Industrial Area and it is in a different region.

In the order of this Tribunal dated 30.10.2015 we have constituted a committee headed by Hon'ble Sri. Lakshmana Reddy, retired Judge of the Andhra Pradesh and Dr. A. Kishan Rao and Sri. Kaushik N. Sharma, Advocate. While giving the direction to the committee, we have also stated that the committee may inspect PETL and JETL and give report within a period of eight weeks. It is to modify the said order the JETL has filed M.A.No.319 of 2015. It is relevant to point out at this point of time that the above said committee constituted could not be proceeded with for the reason that it was informed that one of its members Dr. A. Kishan Rao is an applicant in respect of lifting of moratorium before the Hon'ble Principal Bench of NGT in Application No.100 of 2015 and therefore there was no occasion for this Tribunal to consider the M.A filed by JETL.

Even though respondent No.28 has been mentioned as M/s. Nagarjuna Paper Mills Ltd., it is stated that M/s.Hyderabad Paper Mills (P) Ltd., has been served with a notice by the Board on 24.1.2014. Therefore, it is the case of M/s. Hyderabad Paper Mills (P) Ltd., that it has purchased only the land of M/s. Ngarjuna Paper Mills Ltd., and not the company or its manufacturing unit and the said sale was under a registered sale deed dated 3.3.2004 bearing Document

No.2812/2004 and M/s. Hyderabad Paper Mills (P) has established its unit in the said land, much after the filing of the present application and therefore it is in no way connected with respondent No.28, M/s. Nagarjuna Paper Mills Ltd., and it is not a successor to the company. However, M/s. Hyderabad Paper Mills (P) Ltd., is running its unit complying with all the environmental norms and it has nothing to do with what are all happened before the sale deed dated 3.3.2004. M/s. Hyderabad Paper Mills (P) Ltd has written a letter to the Chief Environmental Engineer of the Andhra Pradesh Pollution Control Board on 25.3.2014 requesting him to take necessary action.

The respondent No.8 viz., Novopan Industries Ltd., respondent No.71 G.V.K Petro Chemicals, Patancheru and respondent No.72 M/s. Novopan Industries Ltd., Patancheru in their reply dated 18.8.2017 have stated that G.V.K Petro Chemicals was merged with M/s. Novopan Industries Ltd., by way of a scheme of arrangement and amalgamation which was approved by the Hon'ble High Court of Andhra Pradesh on 1.4.2006 in Company Petition Nos.128, 129, 130 and 131 of 2006. It is stated that Novopan Industries Ltd was in production of Pre Laminated Particle Boards where wood is the basic raw material and wood logs will be fed into the chipper and the same are converted into wood particles. The wood particles will be mixed with Resins before they are processed for formation of a particle board. The boards are cut into required sizes before they are laminated with decorative paper. Base paper of various designs will be impregnated with resins at a high temperature for using for the purpose of lamination. During the manufacturing process there is no generation of toxic effluents except washings at different stages. It is stated that the company has installed its own Effluent Treatment Plant in its premises and waste water generated from washing are biologically treated and treated water is used for plantation within the premises of the unit. Therefore, the company is not sending any hazardous pollutants outside the factory premises and the Board has also certified that the pollution caused by the company is within the tolerable limits of pollution control norms. It is further stated that the company has also stopped its operation in the year 2010 and it does not have any plant to restart the production. It is also stated that there are no specific allegations against the said company.

Respondent No.19 and 144 viz., M/s. Sri Saibaba Cellulose Pvt. Ltd., M/s. Saibaba Ltd., respectively in their reply dated 18.8.2017 have stated that the said companies have been running their own ETP within the premises and it is one of the industries which have own ETP and discharging effluent within tolerable limits. It is also stated that the order of the Hon'ble Supreme Court on 27.1.2017 has also reference to the said unit wherein it is stated that only some industries which are having full fledged ETP and treating effluents and thereafter using the water for irrigating their own land without discharging any industrial effluents anywhere. It is also stated that there is no specific allegation against the said respondents and in view of the order of the Hon'ble Apex Court as stated above dated 27.1.2017 the above respondents are to be withdrawn.

The respondent Nos.47 and 137 viz., Met. Engg and A.P. Met. Engg respectively, in their reply filed in August, 2015 have stated that it is a public limited company established in 1986 at IDA Bollaram and the Government of Andhra Pradesh holding equity capital to the extent of Rs.13.5 lakhs (18.89%) and it has three divisions viz., Rectified Spirit Primary Distillation, Extra Neutral Alcohol (ENA) and I.M.F.L Bottling plant and each of the units is run under the District License from the respective Departments. After the commencement of the Rectified Spirit Unit in 1986 the company is stated to have spent Rupees One Crore towards effluent treatment and proposed to set up further systems at the cost of Rs.2.30 Crores. The Board has been insisting to set up an additional plant at a further expenditure of Rs.2.00 Crores. It is stated that E.N.A and IMFL does not generate any effluents and are non-polluting. Rectified Spirit Unit generates effluents but it is not harmful and non toxic. The company in the vast area of 60 Acres has earmarked a portion for the secondary treatment of effluents and it is in operation with anaerobic lagoons and treatment plant and the treated effluents are consumed by the lands belonging to the company without discharging outside. The application of untreated effluents on the land is found to have reduced the PH factor and has elements like phosphates which is stated to have been good for sugarcane crop. The company is stated to have installed primary treatment plant with Sulzar Technology and there is no discharge of effluents and the company is stated to have come under 20% achieved category industry.

Even though the company has got the manufacturing capacity of 31,500 litres per day the unit never worked to its full capacity due to various problems such as lack of molasses, power shortage etc., and the units commenced production in 1986 - 1987 and were closed down on 18.4.1994. The manufacturing capacity of the company has never reached 50% capacity. As against the order of the Sub-Divisional Magistrate, Medak Division passed under Section 133 Cr.P.C closing down the units, a criminal revision petition was filed in the Hon'ble High Court of Andhra Pradesh which was disposed of by the court on 29.3.1991 directing the State Government to conduct enquiry and pass appropriate orders. Accordingly, the Sub-Divisional Magistrate, Medak Division has conducted an enquiry and after spot inspection a report was filed on 18.11.1991 stating that the company has taken all efforts for effluent treatment at their own cost. It was based on the said report, further proceedings were dropped. It is stated that the Board has pointed out some industries which are discharging effluents in Nakkavagu. Since the said company is manufacturing rectified spirit, notice was given to it, even though there was no possibility for the company to let out any effluent since Nakkavagu stream is far away from the company. In W.P.1056 of 1990 the Hon'ble Supreme Court has passed orders regarding more than 100 polluting industries in Medak District and called for report from the District Judge and that the Board has identified 100 industries for payment of Rs.1,39,09,737 as compensation, identifying the amount payable by the above said respondent as Rs.3,08,050. However, the District Collector has apportioned the amount payable by the company as Rs.54,01,800. The M.R.O, Jinnaram, Medak District in the notice dated 6.8.1993 with reference to the notice of the District Collector, Medak dated 178.1992 has demanded to pay Rs.3,91,138. However, the District Collector has made another demand on 19.6.1996 directing the company to pay Rs.17,09,000. By another demand dated 18.9.1996 the District Collector has demanded Rs.54,01,800 to be paid as share of the company for a period of 12 years from 1984 to 1996 though the company was started in the year 1986 and stopped functioning from 1994. When the said indiscriminate conduct was brought to the notice of the Hon'ble Supreme Court, in the order dated 27.1.1997 the Apex Court has held that guidelines need to be formulated with regard to the fixation of compensation by the State Government in respect of the industries and accordingly directed the District Judge, Medak to submit a report. It is stated that when the District Collector has entertained an appeal against the order of the Sub Divisional Magistrate passed under Section 133 of the Code of Criminal Procedure, setting aside the order, the Division Bench of the Hon'ble High Court in the order dated 9.12.1998 has quashed the said order in W.P.No.13634 of 1997. After the attachment of the properties of the company a sum of Rs.10 Lakhs was paid on 30.4.1997 and for recovery of the remaining amount of Rs.44,01,800 revenue recovery proceedings have been initiated and W.P.6891 of 1999 came to be filed in the High Court and the Division Bench has dismissed the writ petition on 10.8.2001 holding that the writ petition is not maintainable when the matter is pending before the Hon'ble Supreme Court.

The rectified spirit unit was directed to be stopped by the Board on18.4.1994 along with E.N.A and I.M.F.L units and after representation the said E.N.A and I.M.F.L units were exempted restricting the stop order in respect of rectified spirit. After the ban on rectified spirit was lifted and on establishment of primary and secondary treatment plants, the company filed an application on 24.6.2000 to the Board to permit the unit to run the unit. It was accorded by the Board on 28.9.2000 for a period of three months, subject to various conditions which include payment of balance sum of compensation amount of Rs.44,60,800. It is stated that the company has paid Rs.50,000 which was without prejudice to its claim of non liability and ultimately the Government of India has passed order on 14.3.2001 directing the company to stop all the industrial activities with immediate effect and directed the Board to stop power supply to the industry.

The Hon'ble High Court in W.P.8400 of 2001 in the order dated 9.8.2001 has directed the authority to permit the company to run two units for manufacturing of non polluting items viz., E.N.A and I.M.F.L which was ultimately directed by the Board on 6.9.2001 and 'consent' order was given in respect of those units valid upto March, 2016. It is stated that the Board has again in the order dated13.3.2002 permitted the company to manufacture rectified spirit unit subject to payment of balance amount as demanded in instalments of Rs.3 Lakhs per month and it is stated that an amount of Rs.3 Lakhs was paid.

Again the 4th respondent in the order dated 11.6.2002 directed to stop all industrial activities and on the representation made by the units the Board has directed restoration of electric supply only in respect of E.N.A and I.M.F.L units and the rectified spirit unit is under closure and therefore it is not correct to state that the Board has closed E.N.A and I.M.F.L units also. In fact, the unit is questioning the imposition of liability of Rs.44,01,800 because of the closure of the rectified spirit unit. The license issued by the Commissioner of Prohibition & Excise has been voluntarily surrendered by the company on 19.3.2012. It is further stated that the amount of Rs.47,65,240 has been remitted by the said company on 3.10.2008 and it is stated that the main rectified spirit plant using molasses as raw material and ENA plant using rectified spirit as raw material are closed and are not in operation and the company has no intention to run the unit. The IMFL unit is being run which according to the said respondent, is a non polluting unit and there has been valid 'consent' order granted by the Board.

Respondent No.67 Asian Paints Ltd, Patancheru in its reply dated 28.7.2014 has stated that the said company has started paint manufacturing facilities at Patancheru in the year 1985 and Effluent Treatment Plant has been installed which is fully functional from the day of commercial production of the plant. The ETP was upgraded with latest technology by investing Rs.128.23 Lakhs. The ETP consists of collection tank, oil and grease trap, equalization tanks, thickener, centrifuge, primary classifier with a flash mixer, aeration tank, secondary clarifier, sludge drying beds, magnetic flow meters etc. The unit has obtained 'consent' from the Board which has been renewed and all the conditions of 'consent' have been complied with. Further 'authorization' under the Hazardous Waste (Management and Handling) Rules, 1989 has also been obtained and renewed. It is stated that Effluent Treatment Plant Laboratory has been upgraded with investment of Rs.5.80 Lakhs in the last four years. The effluents are treated in the ETP and are meeting the stands prescribed by the Board. The expansion of the Effluent Treatment Plant consequent to expansion of manufacturing facility has also been accorded and during the years 1997 to 2013 the ETP has been upgraded with the addition of equipment comprising of primary thickener, primary settler, tertiary treatment followed by reverse osmosis at a cost of Rs.73,00,000. It is stated that in accordance with the direction of the Board sending of effluents to the Common Effluent Treatment Plant has been discontinued from 1999 and some treatment are effected and water is consumed within the premises and treated water is used for floor cleaning, preparation of chemical solutions in the Effluent Treatment Plant and gardening and therefore the company is not discharging waste water outside the plant premises. The ETP is fully functional and the company has not let out effluent in Nakkavagu or any other stream. The MoEF & CC approved agencies including Environmental Protection Training and Research Institute and Vimta Labs have been analysing the samples which are found to be as per standards laid down by the Board. Caustic wash water generated from cleaning of equipment is collected and stored in a designated storage tanks from where it is reused for cleaning and this has resulted in effluent reduction. The rainwater harvesting system is installed in the company. The company is an ISO certified company with international standard for environmental management. Pursuant to the order of the Supreme Court dated 29.7.1997 the CPCB has filed an interim report before the Apex Court which clearly recorded that except M/s. Asian Paints and M/s. Voltas Ltd all individual ETPs installed by the industries are not adequate and not meeting the standards.

Respondent No.68 Fenner (India) Ltd., which is presently known as J.K. Fenner (India) Ltd in the reply dated 8th January, 2014 has stated that the said respondent was not a party in W.P.1056 of 1990 before the Hon'ble Supreme Court as well as W.P.No.19661 of 2002 before the Hon'ble High court of Andhra Pradesh (Application No.90 of 2013 before this Tribunal). Pursuant to the direction of the Hon'ble High court, the said respondent was impleaded on 19.9.2002 without any notice. However, it is stated that the allegations are applicable only to the hazardous chemical industries that are located in Patancheru and Bollaram area in Medak District and the said respondent is not a hazardous industry.

The respondent unit is engaged in manufacturing rubber belts such as V belts, Oil seals and Moulded Rubber products, using natural rubber as the main raw material without any synthetic material being involved. The raw materials like natural polymer, carbon black and few mineral powders are used and there are no hazardous or chemical effluents discharged during the manufacturing process of belts and oil seals. It is stated that for the manufacturing process the said unit draws water from the bore well located within its premises as process water and the effluent released during the process is treated inside the factory premises in the ETP and the level of BOD and COD are well within the prescribed standard. The treated water is sent to the CETP to the extent possible and the remaining water is used for house gardenning which is allowed by the Board in the 'consent' order. The sludge which is generated at the plant is handled by the authorised agency. Therefore, there is no pollution of environment involved in the functioning of the unit. Even though it is not a polluting hazardous or chemical industry, it is a member of PETL and is sending its sewage water treated in STP for analysis to PETL. Since the unit is not hazardous, the Joint Action Plan submitted by CPCB and the State Board against pharma and chemical industries is not applicable. In none of the orders of the Hon'ble Supreme Court or High Court or Fact Finding Committee or High Power Committee the respondent's name has been indicated anywhere. The list of chemicals does not pertain to the respondent unit.

It is stated that the respondent unit is taking various measures to protect environment which include operation of the ETP and using treated water for gardening purpose and reusing in the process. The emissions from the stack are attached to the multi cyclone dust collector and bag filter and the emission standards are within the prescribed standards of the Board. The unit has total testing facilities of ETP discharge water. The unit does not generate any hazardous waste. The unit is operating reverse osmosis plant and reject from R.O is being sent to ETP which in turn is sent to PETL which is a CETP. The audit activities have enabled the plant authorities to reutilise treated waste water. The emissions from D.G sets are within the standards of the Board and the dust is collected in the bag filters, china clay dust is efficiently collected and recycled in the process. It is stated that the District Collector has directed the unit to pay compensation of Rs.15,000 to the farmers for crop damage and the same has been paid as a goodwill gesture. Otherwise the respondent denied all the allegations made by the applicant.

Respondent No.70 M/s. Hartex Rubber Pvt. Ltd., in the reply dated 7.1.2014 has reiterated the reply of respondent No.68 since the said respondent is also involved in manufacturing tyres and tubes for bicycles using natural rubber as raw material without any synthetic material being involved. In addition to what is stated by respondent No.68 this respondent also states that it was directed to pay Rs.20,000 as compensation by the District Collector and the said amount has been paid as a goodwill gesture and the said respondent has not contributed any of the pollution stated to have been caused in the said area. Other private respondents particularly in Application No.90 of 2013 have filed either reply or memo pointing out their respective case.

The respondent No.56 M/s. Voltas Ltd., in the memo dated 20.11.2013 has stated that the factory and land belong to it were sold to respondent No.115 M/s. Ralchem Ltd., under registered sale deed dated 6.4.1999 and 30.3.2000 bearing Document Nos.1262 and 1999 and 2063 of 2000. Pursuant to the sale, the Hon'ble High Court of Mumbai passed orders in Company Petition No.105 of 2003 in Company Application No.458 of 2002 by which all the assets, liabilities, rights and interest of M/s. Ralchem Ltd., stood transferred to M/s. Rallis India and therefore M/s. Rallis India is substituted instead of M/s. Voltas Ltd., and M/s. Ralchem Ltd. However, no steps have been taken for effecting substitution. M/s. Rallis India, even though has not been substituted, has filed a reply dated 18.8.2015 stating that the situation has now completely undergone a change, firstly with the establishment of primary treatment facilities by the units, secondly with the establishment and operation of CETP at Pattancheru and Jeedimetla and thirdly when the industries have improved their ability to treat effluents reducing TDS to less than 5000 mg/litre (ppm) in accordance with the order of the Hon'ble Supreme Court dated 7.7.2007 asking to set up ZLD system. The effluent handling system of the units was designed under the guidelines of NEERI and it is a member of the PETL and after primary treatment the effluents are sent to PETL for further treatment. While reiterating that its activities are in accordance with the statutory compliance and 'consent' order it is also informed that as per the approval of the Hon'ble Supreme Court 18 KM pipeline from PETL, Pathancheru to STP, Amberpet has been established long back and the Board's officers are making constant watch over the functioning of the unit. It is stated that M/s. Rallis India Ltd., have closed down its pesticide industry and wound up their manufacturing activities with effect from April, 2008 and the same has been informed to all the authorities and after closure of the unit, plant and machineries have been removed and factory buildings have been demolished and therefore the proceedings against M/s. Rallis India Ltd., has to be terminated. It is stated that during its functioning M/s. Rallis India Ltd., has conformed to all environmental standards. After the closure and intimation to all the authorities the activities of the factory has come to an end and the licence has been surrendered and the Chairman of PETL has also been informed on 15.2.2010. It is further stated that as per the direction of the Board an amount of Rs.2,98,260/-was paid as its share for upgradation work for drinking water supply for the period from 2003 to 2006. It has also paid Rs.20,000 as their share of expenses towards supply of water to the nearby villages. As per the further direction of the Board, an amount of Rs.2,10,751 was paid as their share for dumping of hazardous wastes around Dulapally forest area. As per the direction of the Board a sum of Rs.80,800 was deposited with the District & Sessions Judge, Medak as their share of compensation for the period 1984 - 1998 to be paid to the affected farmers of Gundlamachanoor and Palpanoor Villages on 16.9.2003. As per the direction of the District Collector, Sangareddy, a further sum of Rs.2,72,000 was paid towards compensation for the farmers from 1999 - 2002.

Respondent No.83 M/s. Dr. Reddy's Laboratories (Unit I), Bollaram, Medak District, Respondent No.84 M/s. Reddy's Laboratories (Unit II)), Bollaram, Medak District, Respondent No.85 M/s. Dr. Reddy's Laboratories (Unit III), Bollaram, Medak District, Respondent No.218 M/s. Dr. Reddy's Laboratories (Unit IV), Miryalaguda, Nalagonda District have filed common reply dated 24.3.2014. The said reply also refers to Respondent No.43 M/s. Rama Organics Pvt. Ltd, Srinagar Colony, Hyderabad, Respondent No.53 M/s. Dr.Reddy's Laboratories, Sri Venkateswara Co-op Industsrial Estate, Bollaram, respondent No.54 M/s. Benzex apart from the said respondent No.83, 84, 85 and 218. The said respondents have also referred to the orders passed by the Hon'ble Supreme Court in W.P.1056 of 1990 dated 10.10.2001 by which the matters were remanded to the High Court of Andhra Pradesh. A preliminary issue has been raised by these respondents stating that when once the Hon'ble Supreme Court has transferred the matter to the High Court, the High Court or any other Tribunal thereafter must act as per the terms of remand, treating the transfer ordered by the Supreme Court as a remand order. It is stated that the impleadment application filed before this Tribunal is to alter the scope of application set out by the Supreme Court in the order dated 10.10.2001. The impleadment applications are barred by res judicata and amounts to relitigation which is not permissible. Since the matters were transferred to the High Court for implementation and monitoring, there is no necessity for further adjudication and it is barred by res judicata which is based on public policy. Further, it is stated that the impleadment is an abuse of process of law. It is further stated that the persons sought to be impleaded are already represented before this Tribunal and therefore further impleadment is against the principles of dominus litis and it will amount to introduction of fresh cause of action which is barred by limitation. It is further stated that by virtue of the impleadment the original relief is sought to be not only expanded but fresh cause of action is introduced which cannot be entertained by this Tribunal since the same is barred by limitation and also principles of delay and latches.

Respondent No.91 M/s. Global Bulk Drugs and Fine Chemical Pvt. Ltd., Digwal Village, Kohir Mandal, Medak District has filed two affidavits dated 19.5.2015 and 21.11.2015 In the affidavit dated 19.5.2015 it is stated that it is a public limited company incorporated under the provisions of the Indian Companies Act at Hyderabad in the name and style of Sumitra Pharmaceuticals & Chemicals Ltd. Pursuant to the order of scheme of amalgamation and merger passed by the High Court of Andhra Pradesh and High Court of Mumbai as per the orders dated 14.6.1996 and 19.1.1996 in Company Petition Nos.85 of 1995 and 61 of 1996 respectively, the bulk drug division was separated and was merged along with its assets and liabilities by M/s. Nicholas Piramal India Ltd., which is stated to have been now changed as Piramal Enterprises Ltd., Respondent No.91 and is not connected with any industries at Patancheru and is located 50 KM away from Patancheru and therefore the allegation made against this respondent is stated to be vexatious and is liable for dismissal with cost of Rs.2 Lakhs. Further, it is stated that when the District Collector, Medak at Sangareddy has conducted Legal Service Authority Camp on 24.9.2002 at Digwal Village and the villagers have claimed damages against the said respondent for crop failure and pollution of water, the matter was referred to the Hon'ble High Court by the District Judge and it was taken up as W.P.No.9 of 1999 and transferred to this Tribunal and numbered as Application No.85 of 2013. The High Court has directed the said respondent to supply drinking water by tankers and the Collector was directed to assess the damages to crops. On inspection it was found that there was no damage to crop. According to the respondent it has taken all required measures to prevent pollution. The said respondent has also referred to an order passed by this Tribunal in Application No.85 of 2013 along with other Application dated 20.3.2015 wherein the Tribunal has found that there was no damage to the crops and lands of the villagers by the activity of the said company and that the pollution caused by the respondent company to the drinking water source has been mitigated. Transportation of water to the village initially by the Revenue Department the cost of which was paid by the respondent company and that the respondent company has funded the drinking water supply scheme to the Village of Digwal. With the above direction, the application was dismissed by this Tribunal.

In another affidavit dated 21.11.2015 reiterating the contents stated above the respondent has stated that a complaint was made on 19.9.1998 against this respondent viz., M/s. Global Bulk Drugs and Fine Chemicals Pvt Ltd., by 113 villagers belonging to Digwal Village stating that due to the industrial effluents released by the company the drinking water source is contaminated and crops have been damaged making them unfit for cultivation. The District Judge conducted an enquiry and submitted a report to the High court of Andhra Pradesh and it was filed as W.P.No.31202 of 1998 and W.P.No.9 of 1999 and those writ petitions were transferred before this Tribunal and numbered as Application Nos.84 and 85 of 2010 and they were disposed by this Tribunal by order dated 20.3.2015 referred to above. It is however stated by the said respondent that as per the order of the Hon'ble High Court of Andhra Pradesh dated 19.7.2001 the District Magistrate, Medak has filed an affidavit stating that the investigation reveals no sign of any adverse effect either on the agricultural land or standing crop belonging to the villagers located in and around the vicinity of the plant of the said respondent. However, since water supply to the domestic use was found to be contaminated, a Joint Inspection Team was also constituted by the District Collector of Medak District to look into the effect of pollution caused by the said respondent in the village and samples of soil and water were collected and it was found that there was no contamination detected and therefore the question of payment of compensation or initiation of any remedial measure against the said respondent does not arise. In view of the decision taken by this Tribunal dated 20.3.2015 in Application Nos.84 and 85 of 2013 the present application as far as respondent No.91 has to be dismissed.

The respondent states that the pollution is categorised in to two viz., (1) pollution with regard to the land located in adjoining areas where the industries are located and (2) pollution with regard to water quality. In so far as the first issue of pollution with regard to land located in the adjoining area it is stated that the said respondent itself is having agricultural land which is not affected and the report and investigation of crops submitted to the authority will also support the case of the said respondent. In this regard the respondent also relies on a report of the Senior Scientist of the Agricultural Research Institute wherein he has stated that 8 water samples and 14 soil samples were tested and found that heavy metals (pollutant elements) in the soil are within the safe limits for cultivation. The respondent relies upon a report of the Mandal Revenue Officer, Kohir dated 9.9.2001 who ruled out possibility of any pollution caused by the industry in the land belonging to Digwal. In addition to that the respondent relies upon the report dated 5.10.2002 of the Joint Inspection Team constituted for the assessment of crop damages consisting of RDO, Sangareddy, the Deputy Director, Agricultural Department, Executive Engineer, APPCB, Sangareddy, Executive Engineer, Rural Water Supply, Sadashivapet and Deputy Director, Ground Water department, Sangareddy wherein it was found that there is no damage caused to the land. Therefore, according to the said respondent there is no liability on its part.

In so far as it relates to pollution of water, it is stated that as per the direction of the Hon'ble High Court of Andhra Pradesh dated 8.5.2001 the respondent has been providing potable drinking water to the residents of Digwal Village by means of 12 water tankers per day (60,000 litres per day) at its own cost and therefore the respondent has mitigated the impact of scarcity of water in Digwal Village. On a request from the RDO, the respondent company has increased its supply from 12 tankers to 16 tankers (80,000 litres per day). It is stated that the District Collector required the company to make permanent provision of drinking water. The RWS Department has proposed setting up of a water supply scheme for providing drinking water on regular basis with an estimate of Rs.25 Lakhs and accordingly, accepting the said recommendation, the respondent has paid Rs.25 Lakhs towards setting up of water supply station and therefore the difficulties faced by the residents of Digwal Village regarding water supply has been removed and it is stated that the respondent has paid Rs.65 Lakhs for guaranteeing availability of drinking water.

It is stated that the said respondent is producing bulk drugs such as Ketoconazole, Verapamail Hel Diltiazem. As per the specification of the Board, the company has installed ETP in 1992 operating on the Aerobic and Anaerobic process. In addition to that the company has constructed enhanced capacity of ETP to 500 KL at Unit II for treating LTDS effluents of all three units. The Reverse Osmosis Plant has also been revamped. Another STP has been constructed to the capacity of 100 KLD to treat the domestic effluents. The respondent has also given the details of plant and machineries erected by the company which include setting up of Evaporation Plant consisting of Solvent Stripper followed by Multiple Effect Evaporator (MEE) and Agitated Thin Filling Dryer (ATFD). The Reverse Osmosis Plant was put up at the cost of Rs.7 Lakhs wherein the treated effluent, after biological treatment, is fed to RO system. After processing, the rejected sediments by the plant are sent to MEE for re-evaporation. It has also installed Air Pollution Control System providing scrubbers for chlorine and dry HC storage, dispensing room and for vents where flue changes to emission. The respondent also operates an online Ambient Air Quality Monitoring Station to monitor quality of SO2, NO, NOX analysers etc. There is a Solvent Recovery System to control the solvent fugitive emissions. In addition to that Physio Chemical Treatment as well as Biological Treatment of effluents is undertaken. Steps have been taken to monitor the groundwater quality periodically and there has been rainwater harvesting pits. It is further stated that the company is taking all measures periodically for upgradation of machineries, keeping pace with modernisation.

Respondent No.102 M/s. ITW Signode India Ltd, Rudraram Village Medak District in its reply dated 27.11.2013 has raised an objection regarding the maintainability of the application, apart from locus standi. The said respondent, a member of PETL, was impleaded, even though there are no direct and indirect allegations against the said respondent. It is stated that the application under Section 14 is not maintainable and there is no violation of any of the enactments mentioned in Schedule 1 of the NGT Act, 2010 and there is no specific averment in that regard. It is stated that the said respondent is a subsidiary of M/s. ITW Inc., U.S.A and part of ITW's Industrial Packaging Group and global manufacturer of steel and plastic strapping, stretch film and the application equipment and accessory products and the products are used throughout the world in a broad range of industries to secure everything from cotton bales and newspapers to steel coils and corrugated cartons and is not a chemical industry. The respondent has stated about the historical background of starting industry. It is the case of the respondent that the application having been filed against the chemical industries which are stated to have been discharging toxic industrial effluents, the respondent being not a chemical industry, should not have been arrayed as a party. The respondent is a packing solution provider to other industries and there is no question of discharging chemical effluent. The respondent factory is situated at Rudraram Village and built with the state of the art technology complying with all the Environmental Laws and the respondent is not discharging any hazardous pollutants. Even though the respondent has become a member of PETL, it is not located in Patancheru nor any one of the 14 villages mentioned in the application. It is stated that none of the effluents including waste water of the respondent finding its way in Nakkavagu Canal of Patancheru. It is also stated that the area surrounding the factory is free from hazardous waste and any pollution and it is located about four kilometres from Nakkavagu and is in a downstream. Therefore, there is no possibility of any wastage reaching Nakkavagu from the said unit. The respondent is an ISO certified company. It is stated that all statutory returns are filed to the Board in appropriate form showing production quantity, effluents generated along with environmental compliance test reports. The effluents are within the parameters and based on the same the Board has given 'consent'. It is stated that in Rudraram area large number of persons getting employment because of the said company. It is reiterated that the allegations made in the application do not apply to the said respondent company.

Respondent No.132 viz., Konar Organics Ltd., whose notice is stated to have been received by Eshwar Pharmaceuticals Pvt. Ltd, Medak District and in respect of respondent No.194 Brilliant Industries Ltd., Pashamailaram, Medak District it is stated that the papers are not available. However, the learned counsel appearing for the said respondents has filed the written submissions.

Respondent No.186 M/s. Akhil Farma Ltd., in its reply dated 19.2.2015 has stated that the said respondent purchased lands in Muthangi Village, Patancheru Mandal, Medak District in the year 1982 totally an extent of 3 acres from six persons under registered documents. They are manufacturing medicine by constructing in the area of 7863 sq.ft. It is stated that the annual turn over of the company during the year 2010 - 2011 was Rs.22,28,409 and in the year 2011 - 2012 it was Rs.34,34,137 and during the year 2012 - 2013 it was Rs.20,32,014. It is stated that they have not violated any environmental norms and are not discharging any effluents. The respondent company has also closed its operations on 30.9.2001 and subsequently in the year 2011 they sold the land to a third party viz., BATCO-RCM-CFS, a partnership firm under a registered sale deed dated 24.11.2011. Therefore, according to the said respondent it is not carrying on any activities as on date and also from 2001 onwards. It is stated that from the year 1996 to 1999 the said respondent already paid compensation, while he was directed to pay Rs.16,000 which he was willing to pay.

Respondent No.106 M/s. Neuland Laboratories Ltd., Pashamylaram in its reply dated 16.7.2015 has stated that it has two units, out of which Unit - I is situated in Bonthapalli and Unit - II is situated in Pashamylaram. Unit - I was started in the year 1984 and unit II was started in 1994 and the respondent is engaged in manufacturing life saving drugs viz., Enalapril Maleate, Mirtazapine,Sotalol Hydrochloride and Levitiracetam. It is stated that the respondent is not causing any pollution in their manufacturing activities and there is no allegation against the said respondent. There was no allegation from the authorities at any point of time. Therefore, the application as against the respondent is liable to be dismissed. While narrating the historical event of starting the industry, it is stated that the Board has from time to time demanded the respondent to pay compensation for pollution which has been complied with. It is stated that its manufacturing activity, establishment and operation of pollution control measures are in full statutory compliance and a reference is also made to the permission granted by the Hon'ble Supreme Court to establish and operate 18 KM pipeline from CETP, Patancheru to STP, Amberpet long back. It is stated that the said respondent is bound by the provisions of Water Act, Air Act and other Environmental Laws and has got all required statutory permissions to establish and operate the industry. It is stated that the 'consent' order has been isssued with renewal apart from 'authorisation' for generation, segregation and safe disposal of bio medical waste which is valid upto 28.2.2018. Both the units are being operated round the clock with dedicated qualified persons. The waste water generated from the processes, utilities from domestic sources are segregated as High Strength Effluent from processes and utilities. It is stated that high strength effluent is preheated in reactors 1 - 3 for neutralization of pH and then taken to reactors 4 - 6 for controlling TSS. The pre treated high strength effluent is sent to stripper feed tank where high TDS/COD are treated. The stripper bottom is treated in 4 - stage energy efficient evaporators and MEE condensate (LTDS) is further treated in the biological treatment followed by RO system along with domestic effluent. After evaporation, the MEE concentrate is fed to VTFD for salt separation and evaporated salts from VTFD is securely disposed to the HWMP, Dindigul. The use of Aeration Tank and Tube Settler are also mentioned by the respondent. In respect of gaseous pollution control system there is a 8 Ton boiler with bag filters for the removal of suspended particles apart from Gen Set with aquastic enclosures and mufflers to control the noise and dust. It is further stated that water is maintained in alkaline media, above 7.5 pH. It is also stated that the official respondents have determined the amount payable by each industry towards supply of drinking water to the villages and there are various amounts which have been paid by the respondent as a goodwill gesture. It is further stated that unit II is not causing any pollution for which clearance has been obtained from the Board which are kept renewed from time to time and the respondent has obtained 'consent' both under Water Act and Air Act apart from authorisation under HW (MH & TM) Rules, 2008. It is stated that the respondent has ZLD system for unit II apart from installation of ETP for high TDS. The particulars about the effluent treatment has also been mentioned. It is also stated that the industry has provided several mechanisms to control the emissions to air from their operations for sustainable manufacturing and compliance to the environmental regulations. The said respondent has also stated about various amounts paid as compensation under CSR liability and it has also forwarded Sarpanch Gram Panchayat, Bonthapally a sum of Rs.6,45,000 and the respondent is fully cooperating with the Board.

Respondent No.173 Deccan Granites Ltd., Bollaram in the reply dated 18.8.2017 has stated that the unit was incorporated as 100% Export Oriented Unit (EOU) granite industry on 21,.2.1984 and started manufacturing operation in June, 1988. Over the years financially it was not viable to run the industry in profitable manner and therefore it became financially sick and ultimately closed on 16.3.2014 and thereafter there is no allegation against the said respondent company.

Respondent No.197 M/s. Exel Rubber Ltd., in the reply dated 9.1.2014 while denying the allegations has stated that it was not a party to W.P.1056 of 1990 before the Hon'ble Supreme Court as well as High Court when it was transferred but still a notice was received from the Hon'ble High Court dated 17.4.2008 directing the respondent to file action taken report. It is stated that the respondent does not fall under the category of hazardous industry and it is engaged in manufacturing automotive truck tubes using natural rubber as the main raw material without any synthetic material being involved. It is stated that the said respondent ensures usage of environment friendly raw materials and there are no hazardous or chemical effluents discharged. Further the effluents released during the process of manufacturing activities is treated inside the factory premises in the ETP. It is stated that though it is not hazardous or chemical unit, it has become a member of PETL having CETP and accordingly the respondent is sending its STP water for analysis to PETL. It is stated that the allegation of the applicant that it is a hazardous chemicals/pharma industry and discharging effluents in Nakkavagu Canal affecting agricultural lands is not correct and the respondent which is not discharging any chemical or hazardous chemicals has nothing to do with the said allegation. Various volumes of documents filed by the applicant including the orders of the Supreme Court and High court, NEERI report and report of the High Power Committee does not contain the name of the respondent. The respondent is not connected with report filed by Osmania Medical College relating to Sultanpur Village. An amount of Rs.15,000 directed to be paid by the District Collector as compensation was paid as a matter of goodwill gesture.

Respondent No.201 ITC Ltd, Bhadrachalam, Bollaram which is a paper boards and specialty papers division, while denying the allegations made states about the historical development about the industries of Andhra Pradesh in 1970 and thereafter orders passed by the Hon'ble Supreme Court as well as High Court, 101. It is stated that the said respondent was established during the year 1993 and it is a coating plant which does the coating on the paper board which is manufactured at one of its unit at Bhadrachalam. It is stated that the said respondent is the India's largest, technologically advanced and most eco friendly paper and boards manufacturer involved in the process of packaging, graphic, communication, writing, printing and speciality paper requirements through its four world class manufacturing units. The respondent has strictly complied with the environmental norms and statutes. It is stated that the respondent used Poly Extrusion Machine with poly coating machines supplied by EGAN, USA and Han Yong from South Korea that it is technologically advanced co extrusion machine to produce best product. It is stated that water drawn from bore well located within the premises of the unit at Bollaram is used for wet process of cast coating plant only and the activity of the coating plant has been stopped from 17.7.2013. The other two production lines both super calendar and poly coating machines are dry processes where no water is procured. The effluents released during the process of cooling activity is treated inside the factory premises with ETP and the BOD and COD levels are within the prescribed standard. It is stated that the unit at Bollaram basically uses the treated effluent water for its internal plantation purpose. Any surplus water is let into the pond where water dried up naturally. It is stated that the respondent is not indulging in the acts like dumping waste material in the surrounding lands, releasing the effluent water outside the premises and BOD and COD levels are well below the prescribed norms. The respondent is not causing any pollution of water and therefore the allegation made against the said respondent is baseless. The District Collector, Medak District has directed the respondent to pay an amount of Rs.15,000/- towards compensation and the same has been paid as a goodwill gesture.

Respondent No.206 M/s. SNF ION Exchange Pvt. Ltd., Patancheru in the reply dated 25.5.2014 has stated that they are carrying on the business of manufacturing water soluble polymers with the annual turn over in the region of Rs.1 Crore during 2011 - 2012 and they have not violated any of the rules and regulations relating to pollution. It is stated that they have closed its operations in 2012. In 2013 the company has sold the said land to a third party R Shivakumar and therefore the respondent is not liable and in fact the respondent has surrendered the factory license to the Inspector of Factories on 6.6.2013 and the same has been intimated to the Board. The respondent has also deposited Rs.15,000 as compensation and the receipt of the same has been acknowledged by the District Collector and therefore the application against the said respondent is not tenable.

Respondent No.221 M/s. Kalpana Chemicals Ltd., in its reply dated 8.1.2014 while denying the allegations, stated that it is located in Nacharam, Ranga Reddy District which is 65 KM from Nakkavagu. The wastewater were carted out to PETL Patancheru in tankers by road after confirming the inlet standard. The waste water consisting of floor washings and workers bathing water does not find place in Nakkavagu or its downstream. The company became a member of PETL in the year 1995 and the present case is filed demanding compensation for the period from 1985 to 1996 and the company cannot be held liable. While explaining background of the industries in Andhra Pradesh and filing of writ petition and various directions issued, it is stated that the said respondent was established in 1974 and as of now the paid up capital is Rs.5,15,50,000 and the company employs about 250 to 275 workers and it is a labour intensive unit and about 50% of the products manufactured by the company are exported to other countries. The unit is a non polluting and environmentally friendly and is situated in the extent of 1.54 acre with built up area of 1.25 AC. The company is manufacturing Carboxy Methyl Cellulose which is used as dust dispersant in the manufacture of detergents like soap etc., and it is in powder form and is used in oil drilling operations and also Monochloro Acetic Acid powder which is used as intermediate product in pharmaceuticals and pesticide industries and it is also the raw material in the manufacture of Carboxy Methyl Cellulose.

It is stated that the company has been regularly applying to the Board which has granted 'consent' and acting as per the standards prescribed by the Board in respect of various chemicals and constituents of the effluent discharged.

The respondent has been regularly and periodically getting industrial effluent examined by Ana Labs which is approved by the Board and the report of the analysis is periodically sent to the Board. The said respondent has also filed a comparative table showing the standards prescribed by the Board and the report of Ana Labs in respect of the company. It is stated that the industrial effluent of the company consists of waste water which in turn consists of sewerage water generated due to floor washing and workers bathing inside the company. It is stated that there are three huge solar evaporation tanks in the company premises in the capacity of 100 m cube. Of these three tanks, the first one is called collection and circulation tank and the second and third one are solar evaporation tanks. After Alkali treatment in collection tank it is allowed to stay for 48 to 72 hours in the solar evaporation tanks where it is subjected to solar evaporation. The excess water will be carted out to PETL after testing that the water confirms to the standards of PETL, Patancheru. The company became a member of PETL, Patancheru in the year 1995 and even as on date not a single tanker has been rejected by PETL on the ground that the waste water of the company exceeds prescribed limit. It is stated that out of 224 industries, the respondent in the application is the only industry from IDA Nacharam and has taken membership in PETL. As per the order of the Hon'ble Supreme Court the respondent has paid various amounts. It is stated that the said respondent factory is situated 65 KM away from Nakkavagu and there is absolutely no industrial pollutants polluting Nakkavagu and Patancheru area.

Respondent No.231 M/s. Markwel Hore Industries (P) Ltd., presently called as M/s. Parker Markwell Industries, Patancheru in its reply dated 11.9.2014 while raising the issue of locus standi and maintainability of the application before this Tribunal, stated that there is no violation of any of the statutes mentioned in Schedule I of the NGT Act is referred to and therefore the Tribunal has no jurisdiction The respondent is one of the manufacturers of hose pipes and not a chemical company. The land belonged to M/s Bhagyanagar Oil Refineries Pvt. Ltd, the 6th respondent herein which was purchased by M/s. Markwel Hose Industries Pvt. Ltd, through a registered sale deed dated 8.7.2003. The said M/s. Markwel Hose Industries Pvt. Ltd., was subsequently changed as M/s. Parker Markwel Industries Pvt. Ltd., later under a scheme of amalgamation M/s. Parker Markwel Industries Pvt. Ltd., came to be called as M/s. Parker Hannifin India Pvt. Ltd., and as on date of filing of W.P.No.1056 of 1990 the said respondent was not having any manufacturing unit in and around the said area. The 6th respondent from whom the lands were purchased was engaging in manufacturing edible oil. After purchase the respondent has dismantled the entire structure with an intention to expand the activity of manufacturing of Hydraulic hose pipe and the oil refinery company has already been closed long back and the respondent has nothing to do with 6th respondent. It is stated that M/s. Parker Hannifin Corporation was founded in 1918 in USA as a world's leading diversified manufacturer of motion and control technologies and system, providing precision engineering solutions for a wide variety of mobile, industrial and aerospace markets. On receipt of information from the District Collector, Medak an amount of Rs.20,000 was paid as compensation and subsequently another amount of Rs.20,000/- was paid even though the respondent has only purchased the land from M/s. Bhagyanagar Oil Refineries Pvt. Ltd., and therefore the amount was paid as a goodwill gesture. The respondent is an engineering solution company and not a chemical company and has been complying with all environmental norms throughout the year and obtained 'consent' from the Board. It is also stated that the respondent company is not letting out any hazardous pollutants from their unit and whatever industrial effluents that arise are treated as per the norms and directions of the Apex Court and the Board. The allegations made against the company are all denied.

Mr. M.C. Mehta, learned counsel appearing for the applicant in Application No.90 of 2013 has focussed various points including river water, stream, lake and other water bodies as to how they are polluted by the industries, particularly the pharmaceutical industries in Patancheru and Bollaram, resulting in water unsuitable for drinking and irrigation purposes, consequence of which was that the entire area which was once agriculturally rich, has become barren land. It is his submission that when admittedly the groundwater has been contaminated thrust must be for restoration of groundwater and for the restoration the industries which are situated in the area are to be made responsible and the restoration must be with a time frame. It is also his submission that by degradation of land resulting in loss of vegetation, livelihood of , large number of people residing in the area have been totally affected and the compensation paid by the authority are not sufficient and in fact the compensation has not been paid from 2002 inspite of the fact that the land degradation and loss of vegetation continues even as on date. He has also insisted that air pollution in the area must be curtailed and dumping of hazardous waste must be put an end for the purpose of better living of the people in the area. He also submitted that extraction of excess water by the industries either for running the present units or expansion of the units must be prevented to see that water acquifer is maintained as per the standard. It is his vehement submission that since the pollution level in the air is so dangerous, till the restoration of the original environment, the industries in the area should not be allowed for any expansion. He submitted that adequate compensation must be paid under various heads viz., ecorestoration which includes flora and fauna, land, soil and water bodies etc. That apart he submitted that individual people have suffered enormous damages not only financially but also lives were lost and health conditions have been affected which continues as on date and therefore a suitable mechanism must be evolved for the purpose of adequately compensating the individual persons who have suffered. He has also stated that not only damages for the loss of crop but also cattle and other animals which are reared by the people are to be compensated. His further submission is that appropriate medical aid must be given to human as well as animals. His further submission is that it is an admitted fact that many of the industries are either 'red' category or 'orange' category in Patancheru and Bollaram industrial areas which are declared as CPA by the CPCB. As long as CEPI index is above permissible limit and the area continues to be CPA there is no justification for any of the industries in the area either to ask for expansion or for continuation of their industrial activity. He particularly mentioned that apart from the major water sources, the local lakes which include Khazipally lake, Isnapur tank, Asanikunta lake, Kistareddypet tank and Gandigudem tank have been grossly polluted and there is an urgent need to see that not only the major water bodies but also other tanks are to be cleaned. He also submitted that Nakkavagu, Manjira, Musi rivers which are considered to be the lifeline are really carrying on hazardous polluted waste water. In addition to that the untreated pharmaceutical effluents from Amberpet STP and other effluents finding its way in Musi river, affecting approximately 100 villages in the basin and in the entire area according to the learned counsel, people are affected by diseases like cancer, blindness, infertility, hormonal imbalances, asthma, dermatological disorders, kidney problems, gastrointestinal diseases, miscarriages, still births and birth defects etc. According to the learned counsel the morbidity rate in the area had increased from 10.18% to 25.49% over 10 years and there has not been any proper study made in this regard.

The learned counsel has also relied upon various studies including the study made by the Department of Community Medicine, Osmania Medical College, Hyderabad in November, 2000 to substantiate his contention that people are affected by pollution caused by these industries and they are to be adequately compensated for the health hazard caused to them. He also relied upon the study made by Green Peace in October, 2004 to highlight the state of community health at Medak District which is stated to be an agricultural landmass. It is his contention that in course of time there has been enormous industrial development and nearly 320 industries which are manufacturing pesticides, chemicals, pharmaceutical and steel rolls have grown enormously which resulted in CPCB recommending the area to be CPA since CEPI index has crossed the permissible limit. He has also relied upon a study made by the National Geophysical Research Institute (NGRI) sponsored by the CPCB wherein it was found that high levels of heavy metals such as arsenic, strontium, barium, selenium, boron, manganese and nickel were found to a large extent in the water body. Therefore, according to the learned counsel, the study abundantly shows particularly in the Villages like Bonthapally, Chitkul, Digwal, Gaddapotharam, Khazipally, Kistareddypet, Pashamailaram, Pocharam and Sultanpur from Patancheru, Jinnaram and Kohir Mandals and villages of control group viz., Musapet, Ramojipally, Uthloor and Veerojipally of Sakarampet A Mandal there are overwhelming increase of various types of diseases. He would submit this can be stated a cocktail of poisons in air, water and land affecting the health of the community of Medak District which still continues. The learned counsel also highlighted that the consumption of water by the industries in Manjira river in Patancheru area and discharge of effluents in the natural stream against the standards prescribed by the Environment (Protection) Act, 1986 and the Rules framed thereunder is one of the reason for the continuous pollution. To substantiate his contention that the water of the stream is not used for irrigation, he has referred to the observations made by the District Judge in the report dated 27.1.1996. He has also pointed out that Peddavagu and Nakkavagu streams apart from wells in the area show high arsenic concentration and the toxic effluents discharging in aquifers, water stream and water bodies to a large extent of area of 250 sq.km destroying the crops, flora and fauna.

The learned counsel has also referred to various government orders and office memoranda imposing moratorium based on CEPI score arrived at by the CPCB to state that as long as the area continues to be CPA, there is no necessity for any further industrial growth, even though his case is to close down the existing industries too. He has also referred to various provisions of the Environment (Protection) Act, 1986 and the Rules framed thereunder apart from Water Act particularly with reference to the definition 'stream' and prohibition on use of streams or wells for the disposal of polluting matter apart from Air Act and the powers of NGT under the NGT Act, 2010 and Hazardous Wastes (Management & Handling) Rules, 2016 and submits that there are enormous powers on the facts and circumstances of the case to suspend the industrial operation in the area.

He has relied upon the judgment of the Supreme Court in INDIAN COUNCIL FOR ENVIRO LEGAL VS. UNION OF INDIA & OTHERS (1996 SCC (3) 212), M.C. MEHTA VS. UNION OF INDIA (1987 SCR (1) 819) where the Apex Court heavily came down against the hazardous industries. He has also referred to the judgment of the Supreme Court in M.C. MEHTA VS. KAMAL NATH & OTHERS (1997) 1 SCC 388 to insist that the public trust doctrine pre supposes that the government hold the lands, forest and public places under trusteeship, since the State is the custodian of the natural resources and it has the duty to maintain not only for the public but also for the best interest of flora, fauna and wild life etc. He also insists that the concept of intergenerational equity requires conservation of diversity and quality of biological resources. By referring to the goals of science as brought out by U.S Supreme Court in DAUBERT VS. MERREL DOW PHARMACEUTICALS INC (1993) S.ct. 2786, Mr. M.C. Mehta, learned counsel would rely upon the principles of vicarious liability. He also submits relying upon the judgment in VELLORE CITIZENS WELFARE FORUM VS. UNION OF INDIA & OTHERS (1996 (5) SCC 647) to insist that the precautionary principles and other concepts of environment viz., sustainable development requires that the units are to be shut down till restoration is completed to the full extent. He also insisted on the principle of promissory estoppel and non-regression. Any enactment made on the environmental norms will have to be seriously looked into, particularly when it has been held that 'environment' forms part of right to life which is a fundamental right in India. The learned counsel also made a reference to the Article 253 of the Constitution of India which enables enactment of legislation for giving effect to the international agreement and going through various international conventions including Stockholm Conference, 1972 and Rio De Janeiro Conference, 1992 and U.N Climate Change Conference, 2015 which culminated into Indian legislations by virtue of the power under Article 253 of the Constitution of India and therefore the same is enforceable in India particularly under the Environment (Protection) Act, 1986 and the Rules framed thereunder and various other environmental laws through the NGT which is created specifically for that purpose. The learned counsel also referred to various directions given by the Principal Bench of NGT for cleaning of river Ganga and other tributaries in M.C. MEHTA V. UNION OF INDIA & OTHERS (OA.No.200 of 2014 dated 13.7.2017) etc. The learned counsel also referred to other judgments of NGT to insist for closure of hazardous industries apart from direction to pay exemplary damages to the victims of pollution, to supersede the State Pollution Board with adequate directions to the Central Pollution Control Board and to provide wholesome clean drinking water for the benefit of the people, apart from continuous monitoring of air and water quality in the area.

In addition to the contention of Mr. M.C. Mehta, learned counsel Ms. Nagasaila and Mr. Suresh have also made reference to various orders and directions issued by the Hon'ble Supreme Court and High Court of Andhra Pradesh, apart from government orders where the absolute liability concept has been reiterated by the Hon'ble Supreme Court particularly in BICHHRI case. According to her the directives are to be applied on the facts and circumstances of this case. She also submits that even after 30 years and inspite of various directions of the Apex Court and High court, the pollution level in Patancheru and Bollaram is unabated.

The learned counsel has also relied upon various documents which include analysis report of APPCB dated 8.10.2012, Inspection Report of M/s. Hetero Drugs Ltd, Unit - I dated 16.10.2012, directions issued by the APPCB to Dr. Reddy's Laboratories dated 8.2.2013, directions issued by the Board to Hetero Labs Unit III to prevent manufacture of new product dated 28.2.2013, directions issued by the APPCB to Cirex Pharmaceuticals dated 30.3.2013, direction issued by APPCB to Aurobindo Pharma dated 30.3.2013, report of samples collected from Asanikunta tank, Kistareddypet tank etc dated 1.11.2013 and the show cause notice and directions issued by APPCB on various project proponents apart from analysis report of water samples on the outlet of Hyderabad Waste Management Project dated 21.4.2014 and the analysis report of Aurobindo Pharma Ltd., dated 16.1.2015 and the samples taken from Covalent Laboratories dated 16.1.2015 and various directions which show that the pollution of water bodies in the area continues even beyond 2007 - 2008. She has also referred to a report of February 2016 titled "Impacts of Pharmaceutical Pollution on Communities and Environment in India" wherein it is stated that pharmaceutical pollution still persists in the area. According to her the microbial pollution is a matter of public health issue. She has also referred to some steps regarding complex dimension of pollution in Patancheru and Bollaram areas which requires remedial measures for environment and quality of air.

It is her submission that CETP is not an effective solution considering the experience of Patancheru CETP through PETL that it has not given any positive result against the effluents from drugs and chemical industries in these years. She also reiterates the remark made by the District Judge dated 23.10.1993. She also submits that the order of the Supreme Court dated 6.2.2001 accepting the recommendations of the Expert Committee for construction of 18 KM pipeline to carry treated effluents to Amberpet for further dilution is not workable at this point of time for the reason that at that time the focus was on chemical and heavy metal pollution and there was very little understanding of pharmaceutical pollution in environment. It was only after 2006 thinking of the pharmaceutical pollution has started and therefore today to carry the pharmaceutical pollutants all these 18 KM and mixing with domestic effluents will be more serious and there is a necessity for not giving approval for the same. She also referred to NEERI report 1998 to substantiate her contention as to how the villages are severely affected and damage caused to crops, livestock and health of people and various types of diseases with particular reference to NEERI's observation that water is not potable and therefore increase in instances of diseases needs to be thoroughly examined.

Ms. Nagasaila also submits that the payment of compensation must be for the past, present and future and according to her not only the compensation paid are inadequate but payments shall be made to other villages where people are affected particularly the lands in Kistareddypet and Ilapur for the years 1991-1992 to 1995 - 1996. She has also found various shortcomings in the report of the District Judge dated 27.1.1996 which according to the learned counsel is based on various reports including Revenue Officer who has not taken comprehensive survey to identify the affected land using water of Nakkavagu for irrigation and that most of the lands of Arutla, Ismailkhanpet and Yerdanoor Villages which depend on Nakkavagu, have not been inspected. The learned counsel also pointed out shortcomings in the order of the District Collector who relied upon the report of MRO and RDO who have specifically stated that certain farmers from ten villages regarding loss of crop, cattle etc could not be contacted and there is no information from Kistareddypet, Rudraram, Arutla and Ismailkhanpet and ultimately the Conveners of APPCB in the Pollution Committee, Patancheru furnished the list of farmers identified from Ismailkhanpet, Yerdanoor and Arutla. Therefore, the conduct of the District Judge in restricting his report to the land identified by MRO, and RDO is not proper and ultimately the villagers who are really affected are not paid compensation to which they are entitled. The learned counsel also submitted that in some of the villages like Chitkul, Peddakanjerla, Ganapathigudem, Pocharam, Bachugudam, Arutla, Chidruppa and Baithole the lands assessed are less than the extent of land as per the statement of VAO and therefore the compensation paid was inadequate. She has also insisted that while the compensation was restricted only to loss of crop, loss of cattle, loss to wells and motor pumps are not taken into consideration. The learned counsel also referred to the report of the District Judge dated 7.1.1998 to show that certain villages like Ismailkhanpet which is stated to be affected but for want of particulars, compensation was not paid. She has also pointed out the further report of the District Judge dated 25.10.1999 to show that the representation given by owners of Inam land have not been considered and determination of compensation in respect of a farmer was rejected on the ground that in a part of his land sand was removed and there was no cultivation and therefore he was entitled to compensation only in respect of other part where the land was cultivated. The learned counsel referred to the further report of the District Judge of 2003 and states that the compensation arrived at is inadequate. It is the submission of the learned counsel that by going through various reports of the District Judge it is very clear that the compensation arrived at is not uniform but the same has been adhoc. In the absence of scientific assessment and nature and extent of pollution which cannot be within the purview of the revenue officials, it is not possible to ascertain the actual damage, at least to a possible extent to arrive at a just conclusion. The total extent of land affected by pollution has not been accurately determined. Compensation should not be assessed only in respect of crop loss. Compensation awarded as per the orders of the Hon'ble Supreme Court is only an interim measure, as it has been explicitly stated by the Hon'ble Supreme Court. Compensation should have been assessed from 1970 and not from 1984 because the pollution started in 1970. The compensation is not consistent particularly when NEERI originally assessed compensation for Rs.32 Crores. The learned counsel has further contended that the claimants who are legally entitled to compensation have been deliberately left out for uncalled for reasons and that the compensation has not been assessed as a whole considering health, livelihood, damage to environment, cost of remedial measures to restore the ecology and that the other industries are also jointly liable under 'polluter pays' principle. The learned counsel also referred to the provisions of the Environment (Protection) Act, l986 conferring power on the Central Government to establish 'authority' and referring to Loss of Ecology Authority constituted under the orders of the Hon'ble Supreme Court in VELLORE CITIZEN'S FORUM case which has subsequently extending jurisdiction to Noyyal and Amaravathi basins submitted similar 'authority' should be directed to be constituted with power to undertake survey of industries, water bodies, soil, vegetation, health, local population, flora and fauna etc in Patancheru and Bollaram areas.

Mr. P. Niroop, learned Senior Counsel appearing for the applicant in other applications, while referring to various directions issued by the Supreme Court, High court and findings of various committees has made his submission on seven heads viz., Creation of a permanent authority under Section3(3) of the Environment (Protection) Act, 1986. It is his submission that on the complexity of the situation that abatement of pollution in these many years in Patancherru and Bollaram has been very slow and pollution of water and land is still continuing this is an ideal case where a permanent authority is to be constituted by the Government of India by virtue of the powers conferred under Section 3(3) of the Environment (Protection) Act, 1986 headed by a Retired Judge of the High Court, apart from eminent Scientists and reputed stakeholders. The learned counsel would submit that a direction must be given to the Government of India to invoke its powers under Section 3(3) of the Act to arrive at a substantial environmental justice not only to the people affected but also to the environment as well including flora and fauna, water, land etc. He has also referred to the Loss of Ecology (Prevention & Payment of Compensation) Authority appointed as per the direction in VELLORE CITIZENS WELFARE FORUM case apart from another authority constituted viz., Dahanu Taluka Environment (Protection) Authority and Taj Trapezium Zone Pollution (Prevention and Control) Authority and in fact such power of the government has been upheld by the Hon'ble Supreme Court in BICHHRI case (AIR 1996 SC 1446) and VELLORE CITIZENS WELFARE FORUM case. He has also referred to the CPCB involved in CEPI since 2009 and has identified 88 industrial clusters across the country as CPA which include Patancheru and Bollaram. He has also referred to Ambient Air Quality status and trends for 2012, status of water quality in India 2011with regard to rivers, lakes, tanks and ponds in the country apart from CPCB annual report for 2013 - 2014 which shows highest BOD level in lakes, tanks and ponds in Patancheru and Bollaram industrial areas.

Environmental Health - the need for an Epidemiological Study. The learned counsel referred to the two studies conducted by the Department of Community Medicine, Osmania Medical College, Hyderabad in 1998 in respect of 14 Villages as well as that of the year 2000 in respect of Sultanpur Village showing the degradation of health. Further, in the year 2004 a comprehensive state of community health report of Medak District prepared by Greenpeace found the degradation of health was high. In the light of the said studies made it warrants a comprehensive epidemiological survey of the area to identify the geo chemical diseases affecting the local population due to soil, air and water contamination. The learned counsel would submit that such comprehensive Epidemiological Survey of Patancheru and Bolarum industrial areas comprising of 25 villages are to be carried out with the help of World Health Organisation (WHO) which has its regional headquarters in Delhi in collaboration with the Industrial Toxicological Research Institute, Lucknow. In addition to that according to the learned Senior Counsel, a super speciality hospital of Industrial Toxicology Induced Diseases must be set up at Patancheru to deal with pollution induced geo chemical diseases.

The learned counsel also has referred to a study made in the name of 'Environmental Monitoring and Assessment' published from Netherlands and other studies made by Mr. Pradeep K. Govil, Scientist, Department of Environmental GeoChemistry, National Geophysical Research institute (NGRI) under the heading Arsenic Pollution in the Ground Water of Patancheru industrial areas. Therefore, according to the learned Senior Counsel, these materials are sufficient to arrive at a conclusion that a private survey must be effected to give substantial health care to the people affected by the industrial pollution in the area.

Remediation of lakes and tanks: The learned counsel has also taken us to various reports including CPCB report of 2013 - 2014 showing highest BOD level in lakes, tanks and ponds in Patancheru and Bolarum. That apart, the learned counsel has also referred to the Fact Finding Committee constituted by the Hon'ble Andhra Pradesh High Court in March 2004 headed by retired Judge Sri A. Gopal Rao and the observations made stating that at least nine water bodies in the area are covered under 'highly polluted' category viz., Khazipally, Asani Kunta, Kudi Kunta, Nakka Vagu, Mannevan Kunta, Jillela Vagu, Isakavagu, Cheruvu at SIRIS (Gummadidala) and Vagu near Venkataramana Chemicals and three are covered under 'polluted' category viz., Damara Cheruvu, Gandigudam tank and Posamudram tank. The cost of cleaning of all these tanks by way of remediation is to be recovered from the industries under 'polluter pays' principle.

Functioning of Common Effluent Treatment Plant: In this regard the learned Senior Counsel would submit that the CETP is a misnomer particularly when the individual industries have not cooperated with M/s. Associated Industrial Consultants at the time of preparation of the Techno Feasibility Report for CETP in the year 1990. It should have been proper for these units to have ETP in their units to attain the standard prescribed under Schedule VI under Rule 3(a) of the Environment Protection Rules, 1986 which is otherwise called ZLD and the units should not have been permitted to go behind to cover for their own negligence. In fact, according to the learned Senior Counsel the High Power Committee appointed by the Hon'ble Supreme Court has found that the CETP is the major source of pollution and that was also the report of Sri P. Lakshman Reddy, District Judge dated 27.1.1996. The CETP which is commonly understood, deals with treatment in three ways viz., biological treatment, chemical treatment and physical treatment. But on the factual matrix the CETP Patancheru has never brought down BOD level or restored the past level of TDS. Therefore, the figures shown are substantial evidence to show that instead of CETP the treatment should have been done by individual units by way ETP at the unit level. The CETP Patancheru instead of abating pollution by treating hazardous waste, has become a major source of pollution by treating cocktail of heterogeneous wastes. The learned counsel also referred to some of the research papers to show that CETP does not meet the inlet and outlet standards as prescribed in the Environment (Protection) Act, 1986 even after 25 years of its existence. Therefore, the learned counsel has raised a serious question about the continuation of such CETP which are in his submission only perpetuate pollution.

Landfill Facility (TSDF), Transport, Storage Disposal Facility run by M/s. Ramky Industries under the PPP model. According to the learned Senior Counsel, the said facility was not strictly monitored by the APPCB saying that it is only maintained by a private entrepreneur. There were several complaints of leachates developed in the landfill area, leading to contamination of ground water and fire incidents have also been reported on the landfill site due to intermixture of heterogeneuous waste emanating from various industrial units. Therefore, according to him, the said private landfill facility has not been properly functioning and proper directions must be issued.

Abandoning the 18 KM pipeline carrying hazardous effluents from Patancheru CETP to Amberpet STP. The said proposal was mooted by the government when the matter was pending before the Hon'ble Supreme Court between 1990 and 2001 and financed by the World Bank for laying 18 KM pipeline connecting Patancheru CETP with Amberpet STP to dilute the industrial waste.

The learned counsel would submit that under the Hazardous Waste (Management Handling) Rules, 1989 the transport of hazardous waste to any other destination other than a CETP or TSDF is not allowed. The High Power Committee has also given its opinion. The EIA made for laying of 18 KM pipeline by the Centre for Environment Jawaharlal Nehru Technological University (JNTU), Hyderabad does not meet the guidelines set out for carrying out EIA. Therefore, when the study made in the EIA is not proper, the transport proposal is not environment friendly nor scientific and therefore according to the learned counsel the said proposal has to be dropped.

Payment of compensation: The learned counsel has referred to the report of NEERI, appointed by the Hon'ble Supreme Court to assess the environmental damage for the period 1984 to 1991 which was arrived at Rs.32 Crores. Even after 25 years of the pendency of the matter, neither the CETP nor the TSDF function according to the standards prescribed under the Environment (Protection) Act, 1986 and transporting of hazardous waste to 18 KM through the densely populated areas is against EIA, the Hazardous Waste (Management and Handling Rules), 1989, Hyderabad Metropolitan Water Supply Sewerage Act, 1984 and Basel Convention on hazardous wastes of 1989 to which India was a signatory and by virtue of this conduct the diseases are prevalent not diagnosable either at the government hospitals or private hospitals as it calls for specialization in Geo chemical diseases.

In view of the said dangerous situation, the compensation decided at the tripartite meeting between the industries association, the District Collector and the affected farmers after survey by a Joint Inspection Team comprising of Departments of Agriculture, Animal Husbandry, Ground Water, Pollution Control Board and revenue officials and payment for the period from 1984 upto 2002 for an extent of 3,000 acres spread out in 23 villages is not sufficient and in fact a large extent of another 3,000 acres is affected for which compensation has not been paid. The other compensation component based on 1984 survey has not been paid from 2002. The learned counsel also referred to the fixation of compensation by the government of Andhra Pradesh in 2012 in G.O.No.12 dated 15.12.2012 fixing compensation of Rs.10,000/- per acre/year on par with drought affected farmers. According to the learned Senior Counsel, Patancheru and Bollaram areas are worst affected than the flood and drought affected farmers, they should have been at least treated on par with the said drought affected farmers. Therefore, according to the learned counsel it must be ensured that final compensation is paid to farmers to make good for the loss under various heads categorised by NEERI in its Investigation Report of October, 1991 and an Ecological Regeneration Fund should be created.

The learned counsel also referred to the judgment of the Hon'ble Supreme Court in DEEPAK NITRATE case (2004) 6 SCC 402 wherein the Hon'ble Supreme Court upheld 1% of the maximum sale turnover during the last two years as Environment Improvement Fund. In addition to that under the Companies Act, as amended in 2013 the provision of CSR fund also to be utilised for ecological regeneration and restoration of environment in the pollution affected areas.

Mr. Ramachandra Rao, learned Additional Advocate General appearing for the Government of Telangana has pointed out that while it is true that compensation has been awarded and the amount paid to various villagers but even in respect of this compensation allotted to villages, there were occasions when nobody was present to receive the amount. This according to the learned Additional Advocate General is due to the reason that the owners of the land have sold away their property and moved towards other areas and the areas are no more useful for cultivation purpose. It is his submission that there is no necessity for payment of any further compensation due to the reason that pollution level of the industries have drastically come down and also due to the migration of people and urbanisation and construction of residential houses and there are actually no crop losses. The learned Additional Advocate General would fairly submit that in the event of any such direction, the same will be complied with, since it is ultimately the project proponents who are to bear the said responsibility. He would submit that water supply for drinking purpose in the area are being made fully for the benefit of the people and in fact when the government completes the scheme of 'Mission Bhagiratha' which will be completed in December, 2017 the drinking water problem of the people of the entire area and for that matter the entire Telangana will be solved. However, the learned Additional Advocate General does not oppose the supply of potable water till the issue is solved.

In so far as it relates to the laying of 18 KM pipeline to carry the treated effluents from PETL to be connected with STP at Amberpet, the learned Additional Advocate General would refer to various documents to show that the Hon'ble Supreme Court has already accepted the same and there is no necessity to reopen the same and in any event, it is not for the Tribunal to pass any contra order. If really it is the case of the applicants that no prior EIA was carried out before the project of 18 KM transport was implemented, the parties ought to have raised it before the Hon'ble Supreme Court at the appropriate point of time. Now that the project is implemented in full fledged form it is not proper to stop the project which will cause more administrative problem and pollution also. The learned Additional Advocate General would also submit that inspite of vast extent of improvement in pollution level, the applicant cannot pressure the same and continue to fight only with an intention of receiving more money. The learned Additional Advocate General also submitted that further effort are to be taken for the purpose of restoration and the government is taking all necessary steps in this regard and any direction by the Tribunal will also scrupulously be implemented. In so far as it relates to the health condition of the people, it is the case of the learned Additional Advocate General that there are no acceptable evidence to arrive at a conclusion that health condition of the people has deteriorated.

Mr. Sai Krishnan, learned counsel appearing for the Telangana State Pollution Control Board while reiterating the contention of the learned Additional Advocate General would submit that for the supply of potable drinking water, the industries are paying the amount and according to the learned counsel discharge of effluents directly into the water body have been totally prevented by the concerted efforts of the Board. The learned counsel also reiterates that 18 KM pipeline was approved by the Hon'ble Apex Court and there is nothing at this stage to reopen the same on the ground that due to passage of time the technology has developed. The learned counsel also submits that it is only the treated effluents of Patancheru through PETL which meets the standard after the treatment, for the purpose of dilution, it is taken to Amberpet STP for further treatment and therefore it cannot be said that it remains a trade effluent or a wasteful exercise. The learned counsel also states that it has been the categoric stand of the Board that STP Amberpet is meeting the standard prescribed by the Board. It was after treatment by STP, the water is sent to Musi River and according to the learned counsel Musi river is not polluted as on today, as the pollution level has been improved to a very large extent. The learned counsel also referred to the comparitive statement based on the analysis from PETL inlet and outlet at Nakkavagu and Bollaram to show that presence of many of the heavy metals is not detectable. The learned counsel also referred to the Ambient Air Quality report to contend that the samples taken during 2012 are within the standard. The learned counsel has also referred to the post mortality and genetic study of people living in Nakkavagu and Musi river basin submitted by the Hospital for Genetic Diseases, Osmania University in 2009 which shows that there are no adverse effects of health and kidney damage in people living in different villages of Nakkavagu and Musi River basin. The learned counsel has also referred to the finding that the heavy metal level in the people living in Nakkavagu and Musi River basin were within the permissible limit and that the APPCB is effectively monitoring the functioning of the industries and implement the welfare programmes of the government. The learned counsel has filed the list of industries and status as of February, 2017 which are as follows:

Sl. No.

Name and Address of the industry

Line of Activity

Category

Closure order issued dt

Revocation of closure orders dt

1

M/s.Assam Carbon Products Ltd., Plot No. 2, IDA, Phase - I, Patancheru (M), Sangareddy

Dist.

Carbon, Graphite components.

Red

2

M/s. Raghavendra industries., IDA, Pashamailaram (V), Patancheru (M), Sangareddy

District.

Pyrolysis

Red

3

M/s. NR Polymers, Plot No. 106 & 107, IDA, Phase-III,

Pashamailaram, Patancheru (M), Sangareddy District.

Pyrolysis

Red

4

M/s. Alternate Oils india pvt. Ltd., Plot No. 238, Phase - III, IDA, Pashamailaram (V).

Patancheru (M), Sangareddy

District.

Pyrolysis

Red

5

M/s. Deepam industries, Plot Nos. 13/1 & 13/2, Phase-I, IDA Pashamailaram, Patancheru

(M), Sangareddy District.

Pyrolysis

Red

6

M/s. Hindustan Fluoro Carbons Ltd., Rudraram (V), Patancheru (M), Sangareddy

District.

Red

7

M/s. Srimatha Chemicals & Intermediates, Shed No. D-26, Phase-I, IDA, Pashamailaram, Patancheru (M), Sangareddy

District.

De-Scaling Agent

Red

8

M/s. Sree Vijay Inorganics, Sy.No.449, Sulthanpur (V), Patancheru (M),Sangareddy District

Recovery of sodium sulphate from spent sodium sulphate.

Red

9

M/s. KGN Polymers, Plot No. 130, Phase-III, IP,

Pashamailaram, Patancheru

(M), Sangareddy District.

Pyrolysis

Red

10

M/s. Snehaa Solvents, (Formerly M/s. Premamrutha Life Sciences), Plot No. 254, Phase - II, IDA, Pashamailaram, Patancheru

(M), Sangareddy District.

Solvent Recovery

Red

11

M/s. Sri Chaitanya Chlorides Pvt. Ltd., Plot No. 31,32,39 and 40, Phase - II, Pashamailaram, Sangareddy

District.

Chemical

Red

12

M/s. Indian Tar Coal Company,

Plot No. 216/B, IDA,

Pashamailaram (V),

Patancheru (M), Sangareddy District.

Reprocessing of Waste Oil & Used Oil

Red

13

M/s. Mahidhara Chemicals (P) Ltd., 18-D II, IDA, Phase- I,

Patancheru, Medak Dist.

Chemical

Red

14

M/s. Linde India Ltd (formerly M/s. BOC India Ltd), Plot No. 178&179, Phase - III,IDA,

Pashamailaram, Patancheru (M), Sangareddy District.

Industrial gases filling

Red

15

M/s. Devi Enterprises, Sy.No. 198&199, IDA, Phase-III,

Pashamailaram, Patancheru

(M), Sangareddy District

Pyrolysis

Red

16

M/s. Pellets Pharma Ltd., Plot No. 8 & 9, Road No. 5,APIIC,

EPIP Zone, Pashamailaram, Patancheru (M), Sangareddy

District.

Pharmaceutical Pellets

Red

17

M/s. JK Fenner (India) Ltd (FormerlyM/s. Fennar India Ltd), Plot No. 4 & 22, Phase - IV, IDA, Patancheru (M), Sangareddy District.

Manufacture of V- Belts, Oil seals & Moulded Rubber Products

Red

18

M/s. Satyadeva Pharmaceuticals Pvt. Ltd., Plot No. 19, 20, 27 & 28, Phase -II

,IDA, Pashamailaram, Patancheru (M), Sangareddy

District.

Chemical

Red

19

M/s. Royal Polymers (Formerly M/s. Krishna Udyog), Plot No.115, Phase-III, IDA, Pashamailaram, Patancheru (M), Sangareddy

District.

Pyrolysis

Red

20

M/s. Bharat Dynamics Ltd., Bhanoor (V), Patancheru (M),

Sangareddy District.

Defense Equipment like Missiles etc.,

Red

21

M/s. Madhavi Polymers., Sy.No.138, Phase -III, IDA,

Pashamailaram(V), Patancheru(M), Sangareddy

District.

Pyrolysis

Red

22

M/s. Asrani Tubes Pvt. Ltd, Plot No. 45 - 47, IDA, Phase - IV, Patancheru (M),

Sangareddy District.

MS Tubes-1700 TPM

Red

23

M/s. Inventa Chemicals Ltd., Unit - III, (Formely M/s.

Deccan Drugs Ltd.,), Sy. No. 221, Pati (V), Patancheru(M),

Medak Dist.

Drug Intermediates

Red

24

M/s. Imagix Pyrolysis Plant, Plot No.209/B, Sy.No.

219,220,221, APIIC,

Pashamailaram, Patancheru (M), Sangareddy District.

Pyrolysis

Red

25

M/s. Sreesh Industries, Plot No. 53&62, Sy.No. 243 (Part), Phase-II, APIIC,

Pashamailaram (V), Patancheru (M), Sangareddy

District.

Pyrolysis

Red

26

M/s. Cubex Tubings Ltd., (Unit- II), Sy,No. 464 & 482,

Near IDA, Phase -V,

Patancheru, Medak Dist.

Copper Tubes

Red

27

M/s. Vaishnavi industries., Sy. No. 169, Plot No. 8, Phase-III, IDA, Pashamailaram (V), Patancheru (M), Sangareddy

District

Lubricants and other petroleum products

Red

28

M/s. Sai Coat Paints Pvt Ltd., Plot no: 75 & 76 (P), EPIP,

Pashamailaram (V), Patancheru (M), Sangareddy

District.

Water based paints & Solvent based thinners & Polishes

Red

29

M/s. Deepak Industries, Plot No.168/175,IDA, Phase-II,

Pashamailaram, Patancheru (M),

Sangareddy District.

Pyrolysis

Red

30

M/s. ITW India Ltd., Magna Flux Division, Plot No. 51, 52, 207 & 208, Phase - II, IDA,

Pashamailaram, Patancheru

(M), Sangareddy District.

Chemical (Magna Flux Consumables)

Red

31

M/s.Pennar Industries Ltd., Sy.No.622 & 623, Isnapur,

Patancheru, Medak Dist.

Cold Rolled Steel Strips.

Red

32

M/s. Ordinance Factory Ltd., Yeddumailaram, Patancheru

(M), Sangareddy District.

Defence

Red

33

M/s.Hitesh Chemicals & Drugs Pvt. Ltd., D-7 & 8, Industrial Estate, Patancheru (M), Medak Dist.

Drug Intermediates

Red

34

M/s. Sri Traders, Plot No. 148, IDA, Phase - II, Pashamailaram,

Patancheru (M), Sangareddy

District.

Reprocessing of Distemper, Red Oxide & Paints

Red

35

M/s. Toshiba Transmission & Distribution systems (India)

Pvt Ltd., Rudraram (V),

Transformers manufacturing unit

Red

Patancheru (M), Sangareddy District.

36

M/s. Banyan Sustainable Waste Management Pvt. Ltd, Plot No. 5/9,10 - 11, IDA,

Phase-I, IE, Patancheru (V & M), Sangareddy District.

Manufacturing of Plastic pellets from recycling plastic excluding PVC.

Red

37

M/s. Sravanthi Alloy Castings

(P) Ltd,

Plot No. 8 & 17, Phase V, IDA, Patancheru (M), Sangareddy

District

Steel & Iron Castings

Red

38

M/s. Gensynth Fine Chemicals Pvt. Ltd., Plot No. 220 & 239, Phase - II,IDA, Pashamailaram, Patancheru

(M), Sangareddy District.

Bulk Drugs

Red

39

M/s. Prashanth Sai Engineering Works, Plot No.112, Phase-III, IP,

Pashamailaram, Patancheru

(M), Sangareddy District.

Pyrolysis

Red

40

M/s. Shi Sai Baba Chemical Industries, A9-11, IE, Patancheru, Sangareddy District.

Solvent Distillation

Red

41

M/s. Shree Shree Sai baba Exports, IDA, Pashamailaram, Patancheru (M), Sangareddy

District

Pyrolysis

Red

42

M/s. ITW India Ltd., Plot No. 34-37, Phase - II, IDA,

Pashamailaram (V),

Patancheru (M), Sangareddy District.

Magna Flux Consumables (Anti Rust roof Liquid)

Red

43

M/s. Neuland Laboratories Ltd., Plot No. 92-94, 257-259,

IDA, Phase-II, Pashamailaram (V), Patancheru (M), Sangareddy District.

Bulk Drugs

Red

44

M/s. Vamsi Oxide Industries, Plot No. B12 - B 15, Phase - I, IDA, Patancheru, Sangareddy

District

Manufacturing of Zinc Oxide Powder

Red

45

M/s. Ferro Tech, Plot No. 52 & 2C, IDA, Sriram Nagar, Patancheru, Sangareddy District.

Heat treatment for Ferrous and Non Ferrous metals and alloys

Red

46

M/s. Kirby Building Systems India Ltd., Plot No. 8-15, IDA, Phase - III,Pashamailaram, Patancheru (M), Sangareddy

District.

Pre engineered metal buildings

Red

47

M/s. Aura Paper Industries (I) Pvt. Ltd, Rudraram (V), patancheru (M), Sangareddy

District.

Insulated kraft paper

Red

48

M/s. Bayer Bio Science Pvt. Ltd, Sy. No. 130 - 133,

Chinnakanjarla (V), Patancheru, Sangareddy

District.

Testing of Agricultural Seeds

Red

49

M/s. Patancheru Enviro Tech Ltd., Plot No: 23, 24 & 25, Phase - IV, IDA, Patancheru (V

& M), Sangareddy District.

CETP

Red

50

M/s. Maheshwara Medical

College & Hospital, Chitkul

Hospital

Red

(V), Patancheru(M),

Sangareddy District

51

M/s. Vega life sciences pvt. Ltd., Plot No. D - 22, IDA,

Pashamailaram (V), Patancheru (M), Sangareddy District.

Solvent Recovery

Red

52

M/s. Agarwal Rubber Pvt. Ltd, Plot No. C-8,9,10 & 11,

IDA,Phase-I, Patancheru (M), Medak Dist.

Automotive Tyres & Tubes

Red

53

M/s. Virchow Petrochemical Pvt.Ltd., Plot No. 17A, IDA, Patancheru, Sangareddy District.

Bulk Drug Intermediate.

The industry was established prior to the MoEF, Govt. of India dated 27.01.1994.

Red

54

M/s. Agarwal Global Steels Ltd., (formerly M/s. Mac Alloys Pvt. Ltd.,), Sy. No. 419, Sulthanpur (V), Patancheru (M), Sangareddy District.

Manufactures of MS Ingots and Structural Steel / MS Bars

Red

55

M/s. Synthokem Labs Pvt. Ltd.,

Unit - II, (Formerly M/s. Pfimex Organics Ltd.), Plot No.222-224 & 235-237,

Phase-II, IDA, Pashamailaram,

Sangareddy District.

Bulk Drugs

Red

56

M/s. Alkabeer Exports Pvt. Ltd., Sy. No. 819, 838, 839 &

840, Rudraram (V),

Patancheru (M), Medak Dist.

Slughter house

Red

57

M/s. Microbax (India) Ltd, Sy. No. 59, Nandigama (V), Patancheru (M), Sangareddy

District.

Manufacture of. Lactic acid bacillus

Red

58

M/s. SR Drugs & Intermediates Pvt. Ltd, Plot No. 24B/1, IDA, Phase -I,

Patancheru (M), Sangareddy

District.

Chemicals

Red

59

M/s. Usha magwires india pvt ltd., IDA, Pashamailaram (V), Patancheru (M), Sangareddy District.

Paper Cover conductors & Super enameled wires.

Red

60

M/s. Aurobindo Pharma Ltd, Unit-IV, Sy. No. 34 to 48, EPIP-

IDA, Pashamailaram, Patancheru (M), Sangareddy

District.

Pharmaceutical Formulations

Red

61

M/s. Sano High Grade Spectro Castings Pvt. Ltd., Plot No. 4- A/1, IDA, Phase - II,

Patancheru (M), Medak Dist.

Casting

Red

62

M/s. Aurobindo Pharama Ltd., Unit - V, IDA, Pashamylaram, Patancheru(M), Sangareddy

District.

Bulk Drugs

Red

63

M/s. FMC India Pvt. Ltd., Plot

No. 17/D, IDA, Patancheru (M), Medak Dist.

Chemical

Red

64

M/s. Sandvik Asia Pvt. Ltd, Muttangi (V), Patancheru (M), Sangareddy District.

Drill Bits (Process Involving heat treatment)

Red

(V), Patancheru(M),

Sangareddy District

51

M/s. Vega life sciences pvt. Ltd., Plot No. D - 22, IDA,

Pashamailaram (V), Patancheru (M), Sangareddy District.

Solvent Recovery

Red

52

M/s. Agarwal Rubber Pvt. Ltd, Plot No. C-8,9,10 & 11,

IDA,Phase-I, Patancheru (M), Medak Dist.

Automotive Tyres & Tubes

Red

53

M/s. Virchow Petrochemical Pvt.Ltd., Plot No. 17A, IDA, Patancheru, Sangareddy District.

Bulk Drug Intermediate.

The industry was established prior to the MoEF, Govt. of India dated 27.01.1994.

Red

54

M/s. Agarwal Global Steels Ltd., (formerly M/s. Mac Alloys Pvt. Ltd.,), Sy. No. 419, Sulthanpur (V), Patancheru (M), Sangareddy District.

Manufactures of MS Ingots and Structural Steel / MS Bars

Red

55

M/s. Synthokem Labs Pvt. Ltd.,

Unit - II, (Formerly M/s. Pfimex Organics Ltd.), Plot No.222-224 & 235-237,

Phase-II, IDA, Pashamailaram,

Sangareddy District.

Bulk Drugs

Red

56

M/s. Alkabeer Exports Pvt. Ltd., Sy. No. 819, 838, 839 &

840, Rudraram (V),

Patancheru (M), Medak Dist.

Slughter house

Red

57