RAGHUNATH Vs. MAHARASHTRA PREVENTION OF WATER POLLUTION BOARD

JUDGEMENT

(1.) SHRI Raghunath Rakhmaji Lohakare, Original Applicant, filed Writ Petition No. 3439 of 2002 in the Hon'ble High Court of Judicature of Bombay, Bench at Aurangabad which was subsequently transferred to this Tribunal vide Order of Hon'ble Division Bench dated 1st October 2013. The Applicant claims to be resident of Ranjangaon Shenpunji which is located near Maharashtra Industrial Development Corporation (MIDC), Industrial Area, Waluj, Aurangabad. The Applicant has filed this Application raising issues of ground water pollution in the vicinity of Waluj Industrial area and also seeking stringent enforcement of environmental Regulations to Control the water pollution.

(2.) THE Applicant has arrayed Maharashtra Pollution Control Board (MPCB) which is responsible for implementation of Water (Prevention and Control of Pollution) Act 1974 (called Water Act') as Respondent Nos. 1 and 2. The State of Maharashtra is Respondent No. 3 while Environment Department, Government of Maharashtra is Respondent No. 4. All other Respondents are individual Industrial Units, located in the said industrial area. The Respondent Nos. 3 and 4 have not filed any Affidavit in the proceedings in this Tribunal or even in the High Court, however, as their role in the enforcement of Water Act is limited; their submission of Affidavit is not necessary in adjudication of the matter.

(3.) THE Applicant claims that the villagers of village Ranjangaon Shenpunji are dependent on drinking water drawn from the public well constructed near the boundary wall of the Ranjangaon Shenpunji percolation tank. The Applicant submits that though the Maharashtra Industrial Development Corporation (MIDC) Waluj industrial area is not notified as Chemical Industrial Zone, the authorities have allowed several chemical factories including the listed Respondents in 1989 to operate such chemical industries within the area. The Applicant further submits that since commissioning of these chemical factories and unabated discharge of polluted effluents mainly from six (6) industries, the source of drinking water of the village is contaminated and the villagers are getting polluted water for drinking purpose. Applicant further claims that such supply of polluted water is causing health hazards to the local residents. According to the Applicant, the Respondent -Industries are not treating their industrial effluents adequately and discharge in open area which meets the Ranjangaon percolation tank and Jogeshwari Tank thereby polluting these water sources. Further, the well water in the surrounding are also polluted and showing yellowish colour and typical smell.