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Judgment
Mr. Narayan Das Tulsani son of Late. Kishan Chand Tulsani resident of H.No. A-13, Karni Nagar, Pawanpuri near Sahyog park, Bikaner, Rajasthan has sent the present letter petition, which has been treated and registered as Original Application, complaining about violation of conditions of Environmental Clearance (EC) dated 11.04.2017 by Rajasthan State Industrial Development and Investment Corporation Ltd. (RIICO Ltd.).
The applicant has submitted that RIICO Ltd. had set up Karni industrial area in phases in the years 1998, 2000, 2005 and 2011. While mentioning the historical background and violations of environmental norms by RIICO Ltd. and issuance of letters/show cause notices in this regard, the applicant has also referred to letter dated 21.02.2022 of Regional Officer, Rajasthan State Pollution Control Board, Bikaner wherein it was observed that RIICO Ltd. has obtained EC from State Environment Impact Assessment Authority Rajasthan (SEIAA) on dated 11.04.2017. As per point No. 11 of EC, there is a provision of Rs. 2600 lacs to set up a CETP, Rs. 175 Lacs for STP, Rs. 300 Lacs for development of landfill site for waste disposal, and Rs. 800 Lacs for a line of internal effluent conveyance system etc., further as per point no. 13 of EC “RIICO Ltd. is proposing to install a CETP for treatment of effluent generated from existing Karni Industrial Area and Industrial Area Bichwal ensuring a Zero Liquid Discharge facility in the proposed project area”. RIICO has not submitted compliance report or the conditions of EC. The applicant has submitted that despite EC conditions RIICO Ltd. has not made any arrangement for drainage of trade effluents. For the last 14 years, industrial effluents is getting accumulated in Karni Industrial Area and now 1500 million liters industrial effluents is accumulated in 146000 square meters area causing environmental pollution and contamination of water. Complaints regarding environmental pollution and non-compliance of EC conditions were made to Rajasthan PCB but no action has been taken.
Vide order dated 11.07.2022, this Tribunal constituted a Joint Committee comprising of the Regional Office of MoEF & CC, CPCB, CGWA, State PCB and District Magistrate, Bikaner and directed the same to submit Factual and Action Taken Report within two months.
In compliance thereof, the Joint Committee submitted Factual and Action Taken Report vide email dated 18.09.2022. Reply was also filed on behalf of State PCB vide email dated 16.09.2022.
Vide order dated 20.09.2022, this Tribunal impleaded (1) State of Rajasthan through Chief Secretary, Government of Rajasthan, (2) Integrated Regional Office of MoEF & CC, Jaipur (3) CPCB, (4) CGWA, (5) State PCB (6) District Magistrate, Bikaner as respondents No. 1 to 6 and directed issuance of notices to them. Personal appearance of the Managing Director, RIICO and Regional Officer of State PCB through VC was also ordered. Mr. Nishant Awana, Advocate for RSPCB and Mr. Nikhil Jain and Mr. Abhishek Bisht, Advocates for RIICO appeared on that date and sought time to file reply/response on behalf of RSPCB and RIICO.
Mr. Sivprasad Nakate, IAS, Director, RIICO and Mr. Pradeep Asnani, Regional Officer of State PCB have appeared before this Tribunal through VC.
Ld Counsel for RSPCB has submitted that Civil Writ Petition (PIL) No. 10600 of 2020 titled Devkishan Gawlani Vs. State of Rajasthan and others has been filed before Hon’ble High Court of Judicature of Rajasthan, Jodhpur seeking issuance of directions to RIICO to establish CETP/STP and to restrain the same from permitting to develop any industrial area in the Karni Industrial Area (Extension Project) till the establishment of CETP/STP and to ensure compliance with EC conditions by RIICO. Vide order dated 17.10.2022 Division Bench comprising of the Hon’ble the Chief Justice Mr. Pankaj Mithal and Hon’ble Mr. Justice Sandeep Mehta has directed respondents no. 4 and 5-Chairman and Secretary, RSPCB to take appropriate action in accordance with law against all polluting industries and, if necessary, against RIICO as well and to submit a factual report about the same within a period of six weeks. Ld. Counsel for RSPCB has filed copy of the above said Writ Petition and order dated 17.10.2022 and has relied on the observations made by the Hon’ble Supreme Court in its order dated 01.06.2022 passed on Civil Appeal Nos. 4522-4524 of 2022 titled the State of Andhra Pradesh Vs. Raghu Ramakrishna Raju Kanumuru, Member of Parliament (M.P) in support of his submissions.
Since the Hon’ble High Court of Judicature of Rajasthan, Jodhpur is already seized with the matter on Civil Writ Petition (PIL) No. 10600 of 2020 titled Devkishan Gawlani Vs. State of Rajasthan and others, which was filed before filing of the present original application and for the purpose of avoiding duplicacy/conflict of orders, it will be appropriate that this Tribunal does not continue with the proceedings on the present original application as the applicant can also move to Hon’ble High Court of Judicature of Rajasthan, Jodhpur by way of appropriate proceedings for appropriate relief.
In view of the above, the application is disposed of with liberty to the applicant to move to Hon’ble High Court of Judicature of Rajasthan, Jodhpur by way of appropriate proceedings for appropriate relief.