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Judgment
The Applicant owner of the property- M/s. Safire Park Galleria, situate on Mumbai-Pune road, Wakdewadi, Pune, is seeking prohibition on Sales and Service Station business conducted at seven rooms sold to Respondent Nos. 1 to 7 and also appropriate compensation to him for the injury sustained on account of running of the Service Station without valid consent from Respondent No.8 MPCB. He submits that the seven show rooms bearing shop Nos. 4 to 10, on the ground floor of the Safire Park Galleria were sold to Respondent Nos. 1 to 7 and thereafter the Respondent Nos. 1 to 7 started running Sales and Service Station business therein.
Fact of sale of the said premises to the Respondent Nos. 1 to 7 is not disputed. The Respondent Nos. 1 to 7 through their reply dated 8th September 2016 submit that the Respondent Nos.1 to 7 had purchased the said shops for carrying of their business of Automobile Sales and Service Centre vide agreement dated 30th December 2000 and thereby had consented to run such business in the said premises. It further revealed in the reply that they had made proper arrangement for draining of used water at the washing centre inasmuch as used water is collected in a chamber allowing the mud to settle down and the water is pumped out thereafter without any hazardous and allied substances and passed through iron mesh, and thereafter is discharged in drainage line. However, the record reveals otherwise.
The record reveals that the Applicant being owner of the property, at the material time was penalised by Respondent No.9 Pune Municipal Corporation for the unhygienic condition at the said premises and was required to pay fine of Rs,10,000/- (Rs. Ten thousand) as per receipt at Annexure-2. The Applicant had also produced a copy of report of Structural Engineer and Consultant - M/s. Y.S. Sane Associates at annexure A-3 which reveals the facts noticed by them at the time of their visit to the premises as under :-
"The drainage on the rear side of left part of the building seems to be overflowing since long. The area around the same is quite dirty with oils and chemicals getting coated on the structure. Such prolonged exposure may prove to be detrimental to concrete and also may corrode the reinforcement. This may affect the stability of structure on long run".
Photographs annexed to the Application bear testimony to the said facts.
It is further revealed that the Respondent No.8 MPCB also took notice of the facts at the said premises and had issued a notice dated 5th April 2016 to Respondent no.1 M/s. Kothari Wheels upon invoking the provision of Water (Prevention and Control of Pollution) Act 1974 and Air (Prevention and Control of Pollution) Act 1981 as well as Hazardous Waste Rules, 2008 and pointed out that no treatment effluent plant to treat the washing activity had been provided and there had been discharge of sub-standard quality effluent in the municipal drain. Instructions were also issued to M/s. Kothari Wheels to submit requisite application for 'consent to operate' along with prescribed consent fee.
A look at Section 2(k) of Water (Prevention and Control of Pollution) Act 1974 which is quoted herein below:
"Section 2(k): "trade effluent" includes any liquid gaseous or solid substance which is discharged from any premises used for carrying on any {industry, operation or process, or treatment and disposal system} other than domestic sewage".
is sufficient to tell us what was being released by the service station was a trade effluent and in terms of section 2(e) of the said Act contributed to pollution, which means as under :-
"Section 2(e) : "pollution" means such contamination of water or such alteration of the physical, chemical or biological properties of water or such discharge of any sewage or trade effluent or of any other liquid, gaseous or solid substance into water (whether directly or indirectly) as may, or is likely to, create a nuisance or render such water harmful or injurious to public health or safety, or to domestic, commercial, industrial, agricultural or other legitimate uses, or to the life and health of animals or plants or of aquatic organisms."
Section 25 of the said Act obliges every person to obtain consent of the said Board-Respondent No.8-MPCB before he establishes or takes any steps to establish any industry, operation or process or any treatment and disposal system or any extension or addition thereto, which is likely to discharge sewage or trade effluent into a stream or well or sewer or on land; and the Respondent Nos.1 to 7 as well as Respondent No.10, who carried on business of service station discharging trade effluent, were no exception to the said obligation under law.
Obviously, the Respondent No.1 to 7 were conducting activities in violation of the provision of Water (Prevention and Control of Pollution) Act 1974.
It appears that Respondent No.1 to 7 had thereafter inducted Respondent No.10-M/s. Bunty Suzuki in the said premises under leave and license agreement dated 24 th August 2016, Annexure A-1 to the reply of Respondent No.10 dated 29th May 2016 with permission to use and occupy the said premises for automobile show room. Respondent No10-M/s. Bunty Suzuki submits that they are not carrying out any Service Station activity at the said premises and have moved appropriate application for consent to operate and shall not carry on activity on the said premises involving discharge of trade effluent without consent of Respondent No.8-MPCB therefor.
Considering these facts and circumstances, we pass the following order:
ORDER
Respondent Nos. 1 to 7 and 10 are restrained from carrying out any activity in shop Nos. 4 to 10, Ground floor, Safire Park Galleria, Mumbai Pune Road, Wakadewadi, Pune in contravention of Water (Prevention and Control of Pollution) Act 1974 and Air (Prevention and Control of Pollution) Act 1981 as well as Hazardous Waste Rules, 2008 more particularly, any activity involving discharge of trade effluent in Municipal drain without obtaining due consent therefor from Respondent No.8-MPCB.
Respondent Nos.1 to 7 shall pay compensation of Rs.20,000/- (Rs. Twenty thousand) to the Applicant.
Application No. 68 of 2016 thus stands disposed of accordingly.
M.A.No.197 of 2017 made therein no longer survives. Hence, stands disposed off.