KRISHAN KANT SINGH, UTTAR PRADESH & ANOTHER Vs. NATIONAL GANGA RIVER BASIN AUTHORITY THROUGH CABINET SECRETARY, NEW DELHI & OTHERS

JUDGEMENT

(1.) The Application is filed under Section 14 of the National Green Tribunal Act seeking directions to the respondents to stop releasing harmful effluent from Simbhaoli Sugar mill and Distillery and Gopal Ji Dairy (Respondents no. 7 and 8 respectively) into Simbhaoli Drain and finally into the River Ganga and also for a direction to the Central Pollution Control Board (Respondent no.3) to assess the pollution done by Respondents 7 and 8 and for restoration of the area and other reliefs by the Applicants, a person and an organization working in the field of environment, jointly. The case of the Applicants is that respondent No. 7 is an industry of Sugar Mills and Distillery, established in 1933 and 1943 respectively. They are now operating three sugar mills and three distilleries in the State of Uttar Pradesh and the total crushing capacity is 20,100 TCD and the unit at Simbhaoli alone is having a crushing capacity of 9,500 TCD and they are discharging untreated effluent into a drain originating just outside the premises of the Distillery and Sugar Mill complex which is known as Simbhaoli Drain. This drain is finally opening into Siana Escape Canal, which is joining the Ganga River. Thus, the drain is polluting the nearby areas and contaminating the ground water of the villages Bauxar, Jamanpur, Syana, Bahadurgarh, Alampur and others, through which the drain is passing and finally meets River Ganga. The case of the Applicants is that the discharge from the Simbhaoli Drain is directly polluting the Ganga, the National River and it adversely effects River Dolphins and Turtles, for which River Ganga is a prime habitat.

(2.) According to the applicants the issue of pollution by Simbhaoli Sugar Mill and Distillery is very old and was being continued for the last several years and therefore, it is necessary to give necessary directions to stop the discharge of untreated effluent to Simbhaoli Drain and finally to River Ganga.

(3.) Respondent No. 7 resisted the allegations contending that the Industry is one of the oldest industries and it is situated in a low -lying. It was contended that they are regularly following all the rules and regulations prescribed and the instructions issued by the concerned Boards/ Regional Office from time to time and they have also disconnected their effluent drain from Phuldera Drain from the factory side and accordingly informed the authorities in the Month of March, 2008. They also contended that the Unit has installed reverse osmosis (RO) plant and multi -effect evaporator (MEE) and thus the unit has full facility to control and treat the effluent. The Respondent -7 follows all the terms and conditions of the consent order issued by the PCB for the year 2012and 2013, both for Effluent Treatment Plant (ETP) as well as Air Pollution Control Devices. According to the Respondent the distillery effluent is first treated by anaerobic digester as a primary treatment producing methane gas used in its boiler and then concentrate the primary treated effluent through Reverse Osmosis (RO) plant and then through MEE and stored in lagoons and used in bio - compositing process for making good quality bio -manure. The allegation of contamination of ground water was denied as baseless and it is contended that the industry produces organic bio -manure which is sold in the market for agricultural purposes and they are not causing any pollution whatsoever. Both the Pollution Control Boards (CPCB and UPPCB) in their repliespleaded that the Respondent no 7 industry is a polluting industry and is a persistent defaulter and violated the various directions issued from time to time.