NGT Order - MIDC - Taloja - CETP 04092019

Item No. 01 Court No.
BEFORE THE NATIONAL GREEN TRIBUNAL

PRINCIPAL BENCH, NEW DELHI
Original Application No. 125/2018

(Earlier O. A. No. 163/2017 (WZ)
(I.A. No.209/2019, M.A. No.99/2019 & M.A. No.103/2019)
(With report dated 19.07.2019)
Arvind Pundalik Mhatre Applicant(s)
Versus
Ministry of Environment and Forest &

Climate Change & Ors. Respondent(s)
Date of hearing: 03.09.2019
CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON

HON’BLE MR. JUSTICE S.P. WANGDI, JUDICIAL MEMBER
HON’BLE DR. NAGIN NANDA, EXPERT MEMBER
For Applicant (s): Dr. Sudhakar E. Avhad, Mr. Chetan R. Nagare

and Mr. Arvind S. Avhad, Advocates
For Respondent(s): Mr. Mukesh Verma, Advocate for MPCB
Ms. Shyamali Gadre and Ms. Ramni Teneja,
Adocates, Mr. S.D. Patil and Mr. R.P. Patil, MIDC
officers
ORDER
1. The matter pertains to remedial action against pollution caused
by the discharge of industrial effluents in Taloja industrial area
on the outskirts of Mumbai.
2. The matter has been dealt with by this Tribunal on several
dates and orders have been passed having regard to the fact
situation depicted in inspection reports filed before this
Tribunal from time to time. The record clearly shows that
1
untreated industrial effluents were being discharged in a water
body causing damage to the eco system and health of the
inhabitants. Faced with such situation, this Tribunal directed
the CETP operator to deposit interim compensation in the sum
of Rs. 5 crores to the District Magistrate vide order dated
04.04.2018. Since the pollution continued, further
compensation of Rs. 5 Crores was required to be paid by the
CETP operator vide order dated 17.08.2018.
3. In view of the repeated failure on the part of the regulatory
authorities and the CEPT operators, a Monitoring Committee
headed by a former Judge of the Bombay High Court was
appointed to propose a time bound action plan. The report of
Justice V.M. Kanade was considered vide order dated
09.04.2019. The action plan proposed steps for upgradation of
the CETP. The Cooperative Society operating the CETP passed
a resolution for take over of the CETP by Maharashtra
Industrial Development Corporation (MIDC). MIDC started
working around 01.11.2018 but the pollution was not stopped.
Accordingly, vide order dated 09.04.2019, this Tribunal
directed that industries which are source of pollution be shut
down till remedial action is taken. We noted that MIDC as well
as MPCB were unable to provide any other option. The MPCB
was directed to suspend consent to operate of the industries
not meeting the norms and permit them only after the remedial
steps are taken. CETP operator was required to deposit
balance of amount of Rs. 6.1 Crores towards compensation for
the damage to the environment. The amount was to be
2
deposited with the District Magistrate for restoration of the
environment.
4. We have today considered the action taken report filed by
MPCB on 20.07.2019 and the status report filed on behalf of
the MIDC. The reports show that outlet parameters from the
CETP are not achieving the norms due to non-completion work
of the upgradation of CETP. Current status of work of CETP is
reported as follows:-
“(i) Phase I CETP :- Taloja CETP phase I having

capacity of 12.5 MLD is at present in operation.
(ii) Phase II CETP :- Taloja CETP Phase – II having
capacity of 10 MLD has been rehabilitated and
upgraded completely. The Phase – II plant is
commissioned and will be made in operational
very soon.”
5. Status of operation of CETP inter-alia is shown as follows:-
“CETP Phase I plant 12.5 MLD capacity operation

were continued and effluent being treated
through Phase – I plant taking Phase – II plant 10
MLD capacity under shut down for rehabilitation,
removal of sludge etc.”
6. Conclusion in the report of the MPCB is shown as follows:-
“In view of the above facts and circumstances, it

is concluded that after commissioning of Phase –
II i.e. August 2019 10 MLD effluent will be treated
as per norms and remaining effluent of 7 MLD
will be segregated at source from large industries
who is achieving MPCB’s standard for outlet COD
below 250 mg/litr will be taken separately and
discharged at CETP outlet directly. Hence, total
effluent generation quantity upto 17 MLD will be
discharged at COD of 250 mg/litres which is as
per MPCB norms and it is allowed for disposal.
At the same time, CETP 1st Phase renovation,
upgradation work will be started and all the work
will be completed upto Nov. 2019 and total CETP
functioning will be come into force from Dec.
2019.”
3
7. The status report filed by the MIDC shows that the amount of
Rs. 3.90 Crores which was required to be deposited has not
been done though a part of the amount is said to have been
collected.
8. It is, thus, obvious that CETP operator i.e. MIDC is continuing
to commit criminal offence under the provisions of the Water
(Prevention and Control of Pollution) Act, 1974 in discharging
effluents beyond norms. It is also violating the orders of the
Tribunal regarding the payment of compensation as well as not
discharging effluents in violation of norms. The MPCB has also
not ensured stopping of violation of law.
9. Faced with the above, learned counsel for the MIDC has stated
that within 15 days only 10 MLD effluents will be received
which can be treated and remaining amount of effluents will
not be received by CETP. Learned counsel for MPCB has also
made a similar statement that this arrangement will be
enforced and necessary order passed. We take the statements
on record but we have no answer why it has not been done so
far and why violation of law has been allowed to continue.
10. Even though for clear violation of law and the order of this
Tribunal, we are inclined to direct civil imprisonment of the
CEO of MIDC and Deputy CEO (Environment), MIDC as well as
Member Secretary, MPCB, however, taking liberal view, in view
of the statement that by 30.09.2019 compliance of orders of
this Tribunal in respect of deposit of compensation in
accordance with the terms of Agreement as well as stopping of
4
discharge of polluting effluents will be ensured. We direct that
MIDC is liable to deposit further sum of Rs. 5 Crores for
causing pollution after its taking over of CETP operation
around 01.11.2018 till date. We further direct that if the
remaining amount of compensation as per earlier orders as well
as the current amount is not deposited by 30.09.2019, salary
of CEO, MIDC, Deputy CEO (Environment), MIDC and Member
Secretary, MPCB be stopped till compliance.
11. Let a further compliance report be filed by CEO, MIDC and
Member Secretary, MPCB on or before 15.10.2019 by e-mail at
[email protected].
12. The amount of compensation may be recovered from the
members contributing to the effluent as per agreement but
failure of the members to deposit will not be a ground not to
make the deposit which will remain basic responsibility of
MIDC.
13. In view of further developments after passing of the order dated
17.08.2018, the Monitoring Committee may conclude its
proceedings by 30.09.2019 and file its final report before
15.10.2019.
14. The joint Committee of CPCB and MPCB may verify status of
discharge of effluents on the site as on 15.10.2019 and furnish
a report to this Tribunal by e-mail at [email protected] by
31.10.2019.
5
15. A copy of this order be sent Chief Secretary, Maharashtra and
CPCB for necessary action by e-mail.
List for further consideration on 04.11.2019.
Adarsh Kumar Goel, CP
S.P. Wangdi, JM
Dr. Nagin Nanda, EM

September 03, 2019
Original Application No. 125/2018
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Item No. 01 Court No.

BEFORE THE NATIONAL GREEN TRIBUNAL

Original Application No. 125/2018

(With report dated 19.07.2019)

Arvind Pundalik Mhatre Applicant(s)

Ministry of Environment and Forest &

Date of hearing: 03.09.2019

CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON

For Applicant (s): Dr. Sudhakar E. Avhad, Mr. Chetan R. Nagare

1. The matter pertains to remedial action against pollution caused

by the discharge of industrial effluents in Taloja industrial area

on the outskirts of Mumbai.

2. The matter has been dealt with by this Tribunal on several

situation depicted in inspection reports filed before this

Tribunal from time to time. The record clearly shows that

body causing damage to the eco system and health of the

inhabitants. Faced with such situation, this Tribunal directed

the CETP operator to deposit interim compensation in the sum

of Rs. 5 crores to the District Magistrate vide order dated

04.04.2018. Since the pollution continued, further

compensation of Rs. 5 Crores was required to be paid by the

CETP operator vide order dated 17.08.2018.

3. In view of the repeated failure on the part of the regulatory

authorities and the CEPT operators, a Monitoring Committee

headed by a former Judge of the Bombay High Court was

appointed to propose a time bound action plan. The report of

Justice V.M. Kanade was considered vide order dated

09.04.2019. The action plan proposed steps for upgradation of

the CETP. The Cooperative Society operating the CETP passed

a resolution for take over of the CETP by Maharashtra

Industrial Development Corporation (MIDC). MIDC started

working around 01.11.2018 but the pollution was not stopped.

Accordingly, vide order dated 09.04.2019, this Tribunal

directed that industries which are source of pollution be shut

down till remedial action is taken. We noted that MIDC as well

as MPCB were unable to provide any other option. The MPCB

was directed to suspend consent to operate of the industries

steps are taken. CETP operator was required to deposit

balance of amount of Rs. 6.1 Crores towards compensation for

the damage to the environment. The amount was to be

4. We have today considered the action taken report filed by

MPCB on 20.07.2019 and the status report filed on behalf of

CETP are not achieving the norms due to non-completion work

of the upgradation of CETP. Current status of work of CETP is

“(i) Phase I CETP :- Taloja CETP phase I having

5. Status of operation of CETP inter-alia is shown as follows:-

“CETP Phase I plant 12.5 MLD capacity operation

6. Conclusion in the report of the MPCB is shown as follows:-

“In view of the above facts and circumstances, it

Rs. 3.90 Crores which was required to be deposited has not

been done though a part of the amount is said to have been

8. It is, thus, obvious that CETP operator i.e. MIDC is continuing

to commit criminal offence under the provisions of the Water

(Prevention and Control of Pollution) Act, 1974 in discharging

effluents beyond norms. It is also violating the orders of the

Tribunal regarding the payment of compensation as well as not

discharging effluents in violation of norms. The MPCB has also

not ensured stopping of violation of law.

that within 15 days only 10 MLD effluents will be received