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Judgment
In this Original Application, the grievance has been raisedagainst the Milk Plant i.e. Paras Milk Plant in Nagar Palika Parishad, Gulawati and the allegation is about causing huge air and water pollution by emitting polluted air and discharging untreated polluted effluents directly in the ground water by reverse borewell system. It was a further allegation that the unit was discharging untreated effluent in the drains directly or transporting such effluent through tankers and discharging openly and discretely. The Tribunal by order dated 03.01.2023 had constituted a joint Committee and had called for the report from the joint Committee.
The report dated 02.03.2023 submitted by the joint Committee was considered in the order dated 15.03.2023 wherein it was noted that in the report no serious violations were found but the report was incomplete. Hence, the Tribunal hadconstituted another Committee and had called for the fresh report.
The subsequent joint report dated 25.07.2023 was considered by the Tribunal in the order dated 11.09.2023. In the said joint report it was clearly mentioned that though the ETP was setup but without Tertiary Treatment Facility. The fact that the unit had not set up any Tertiary Treatment Facility was taken note of in the order of the Tribunal dated 11.09.2023 and accordingly notice to the Project Proponent was issued.
The Project Proponent has filed the reply stating that it is complying with all the norms, however, in respect of the Tertiary Treatment Facility, it is stated that the respondent is in process to set up such a facility in near future. No timeline for setting up the Tertiary Treatment Facility has been mentioned by the Project Proponent. Learned Counsel appearing for the UPPCB has submitted that for want of Tertiary Treatment Facility, the effluents are being directly discharged.
Hence, in respect of the past violations due to non-availability of Tertiary Treatment Facility, the UPPCB is required to take action and levy Environmental Compensation. To cure that violation, the Project Proponent is required to set up the Tertiary Treatment Facility within a time bound period.
Hence, we direct the UPPCB to take appropriate action in accordance with law for the past violation by the PP. We also direct the Project Proponent to set up the Tertiary Treatment Facility, as expeditiously as possible, preferably within a period of three months from today.
The UPPCB is directed to submit the report before the Registrar General of the Tribunal within four months reporting about the compliance of the above two directions. If found necessary, the matter may be listed for consideration before the Tribunal.
The Original Application is accordingly disposed of.