SUKDEO Vs. KOPARGAON SAHAKARI SAKHAR KARKHANA LTD.

JUDGEMENT

(1.) THIS is an Application filed under Section 14, 15 read with Section 18 of the National Green Tribunal Act, 2010. Both the Applicants are resident of village Kolpewadi, and are an agriculturists. They have claimed compensation due to loss of agricultural crop and damage to their lands, as a result of discharge of untreated effluents by Unit of the Respondent Nos. 1 and 2 (In short, 'Sugar Factory'). Facts and Limitation

(2.) THERE is no dispute about the fact that both the Applicants are agriculturists and have their respective lands at village Kolpewadi. It is undisputed that the Respondent Nos. 1 and 2, run a Sugar Factory of which main product is 'sugar' and bye products are country liquor, spentwash, waste water etc. The Sugar Factory was established a way back and is in operation over a long period of more than 30/40 years. The location of the Sugar Factory is on the border of Kolpewadi and Suregaon. At a short distance from the Sugar Factory, there is River 'Godavari'. There is underground pipeline which is used for carrying partially treated spent wash of the Sugar Factory. A part of said pipeline is underneath of the agricultural land Gut No. 48, owned by Applicant No. 2 -Sakharam. The agricultural land Gut No. 98 admeasures 53 -Rs and is situated at Shahjahanpur, whereas the agricultural land Gut No. 302, owned by the Applicant No. 1, Sukdeo, admeasures 53 -Rs and is situated at Kolpewadi.

(3.) BRIEFLY stated, the Applicants case is that the Sugar Factory used to discharge polluted water and effluents in their agricultural lands, as a result of such untreated discharge of effluents, their lands become uncultivable. The groundwater of the area is polluted. The water has become unpotable. The untreated water flows from the lands of Applicants and released in 'Godavari' through a Nulla. They made several complaints which remained unheeded. Applicant No. 2 -Sakharam had cultivated sugarcane crop, which was due for harvesting in the month of December, 2013. In the midst of December, 2013, the pipeline carrying spent wash of the Sugar Factory burst/broke open and, therefore, the spent wash gushed out in his agricultural land. Resultantly, the sugarcane crop standing in the area of 10 -Rs was corroded. He made complaint with the Revenue Authority. The Revenue Authority, prepared panchanama in pursuance to his complaint. Though, Applicant No. 1, Sukadeo, was making grievance through representations since 2011, yet the Respondent Nos. 3 and 4, had not taken necessary corrective measures to ensure that the Sugar Factory shall not discharge untreated waste water in the nearby area. The groundwater quality of the land has deteriorated due to discharge of effluents from the Sugar Factory. The Respondent Nos. 3 and 4, issued certain directions when the water sample analysis indicated that the water was contaminated, unpotable and not useful for any purpose. Still, however, as per last consent to operate order dated 6.4.2013, was granted to the Sugar Factory after accepting Bank Guarantee of Rs. 50,000/ -. Contamination of groundwater has resulted into pollution of well water and therefore, Applicant No. 1 Sukadeo, could not cultivate his land. His land has become barren, due to such pollution, because of untreated effluent discharged by the Sugar Factory. Consequently, the Applicants seek compensation of Rs. 25 lakhs and 20 lakhs respectively. They also seek directions against the Respondent Nos. 1 and 2 for closure of the Sugar Factory. They also seek directions against MPCB, to take steps against the Sugar Factory to ensure that no damage is caused to the agriculturists of the area, due to pollution caused by the Sugar Factory.