Tribunals and CommissionsFull Bench(2023) 07 NGT CK 0040

Rajendra Kumar vs State of U.P.

National Green Tribunal · Decided on 26 July 2023

HON’BLE JUDGES
Sheo Kumar Singh, CP · Arun Kumar Tyagi, JM · Dr. A. Senthil Vel, EM
RESULT
Disposed Of
CASE NUMBER
Original Application No. 225 Of 2023

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Judgment

4 paragraphs · 253 words
1.

Grievance  of  the  applicant  in  this  application  is  discharge  of chemical industrial waste, untreated water directly throwing on the agriculture land of the complainant, damaging entire sugarcane crop and agriculture land. The boiler used in the unit is emitting huge smoke causing air pollution in the area. When the complainant moved an application before the District Magistrate, effective action has not been taken up and aggrieved by this, the applicant filed this original application.

2.

The matter was taken up by this Tribunal on 28.04.2023 and a report was called from the State PCB. State PCB/Committee, in response, has submitted the report on 10.07.2023 to the effect that the unit has valid CTE/CTO and valid consent and there is no violation. During the inspection, it was found that there are boundary wall around the unit and there is no discharge of untreated water outside the boundary wall and thus, there is no damage to the crops. However, effluents are required to be utilized for irrigation inside the premises for which adequate irrigable land is required, which is not mentioned. Further, it is stated that rest of effluents are discharged in local drain. Thus, two mode of disposal are not permitted under the Water Act, 1974 and if done, it is to be clearly specified.

3.

With the above observation, we direct that State PCB shall ensure that no effluents are let out in the drain and treated effluent will be used with proper ferti-irrigation plan.

4.

The matter is disposed of accordingly.