Disposed

Maharashtra Pollution Control Board v. M/S Amri India Pvt. Ltd.

NGT5 Jul 2022IA No. 47/2021 in Original Application No. 139/2016

Case brief

AI extract

What is this about?

The NGT Bench examined compliance with its 2014 judgment on groundwater pollution in Waluj MIDC, Aurangabad. Finding ongoing non-compliance and negligence by MPCB, the Court constituted a Monitoring Committee and rejected industry objections to compensation amounts under the polluter pays principle.

What did the court decide?

Constitution of High-Level Monitoring Committee; rejection of objections to compensation; disposal of pending proceedings allowing grievance remedies later.

Maharashtra Pollution Control Board vs M/S Amri India… — Environment and Pollution | NGT (2022)

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Item Nos. 01&02

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(Court No. 1)

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BEFORE THE NATIONAL GREEN TRIBUNAL SPECIAL BENCH

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(By Video Conferencing)

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Original Application No. 11/2013 (WZ)

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Raghunath Lokhare Applicant

Versus

MPCB & Ors.

Respondent(s)

WITH

Original Application No. 139/2016 (WZ) I.A. No. 47/2021(WZ)

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Maharashtra Pollution Control Board Applicant

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Versus

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Amri Industries & Ors.

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Respondent(s)

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Date of hearing: 05.07.2022

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CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER HON’BLE PROF. A. SENTHIL VEL, EXPERT MEMBER HON’BLE DR. VIJAY KULKARNI, EXPERT MEMBER

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Respondent: Mr. Saurabh Kurkarni Advocate for Respondent Nos.4, 9, 10, 27, 28, 31, 32, 35, 38, 42, 43, 44, 84, 93, 109 & 132 Ms. Anusha Sharda, Advocate for R-11 to 18 Mr. Varun Joshi, Advocate for R.30 & 70 Mr. Siddheshwar S Pradhan, Advocate for R.6 (in item 2) & 14(in item 1) Mr. Gaurav Joshi, Senior Advocate for R.1, 33 & 89 Mr. S Sanyal, Advocate for R.1 29,40 Mr. Rupin Chopra, Advocate for Respondent Ms. Diya Kapur, Advocate for R.5 Ms. Supriya Dangare, Advocate for MPCB

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ORDER

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The Issue – water pollution from chemical factories in Waluj Industrial area in District Aurangabad

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This order will deal with Original Application No. 11/2013 (WZ) and Original Application No. 139/2016 (WZ) as both the matters involve common issue.

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O.A. No. 11/2013 was registered on transfer of W.P. No. 3439 of 2002 on the file of High Court of Judicature of Bombay, Bench at Aurangabad vide order dated 01.10.2013. The Writ Petition raised the issue of ground water pollution in the vicinity of Waluj Industrial area in District Aurangabad.

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Case of the applicants is that the area is not notified as Chemical Industrial Zone but number of chemical factories are allowed to operate there. Discharge of untreated chemicals is resulting in contamination of the groundwater, causing health hazard to the local inhabitants. The statutory authorities failed to discharge their obligation of controlling the pollution by taking action against the erring industries. The official and the private respondents put forward their version.

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NGT Judgement dated 24.9.2014

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This Tribunal considered the matter vide judgment dated 24.09.2014 in light of the stand of the parties and the material on record including the status reports filed in pursuance of orders of the Tribunal. Following issues were framed for adjudication:-

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“(1) Whether contamination of ground water in and around village Ranjangaon-Shenpunji can be attributed to the mis-managed and inadequately treated Industrial discharges of any plant from the Industries at Waluj, MIDC area ? If yes, then whether resultantly ground water and also the water in percolation tank have been polluted?

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(2) Whether the remedial measures for restoring the ground water quality are necessary to arrest the ground water pollution, if any caused by industrial discharges? If yes, what measures shall be adopted?

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(3) Whether the Respondents and Industries in Waluj MIDC area are liable to pay any damages for loss caused to the environment and restitution/restoration of groundwater quality? If yes, to what extent and to whom?

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(4) Whether there is need to issue specific orders to the authorities for regulating the industrial discharges and/or the CETP and operations?”

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Under Issue No. 1, it was found that the ground water was polluted. The Tribunal referred to the report submitted by State PCB along with its reply dated 31.07.2014 and also report of the Central Ground Water Board, Nagpur as follows:-

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“a) The TDS values in excess of 2000 mg/L in ground water samples collected in and around Ranjangaon(s), Kamlapur, Ramrai and Ramraiwadi villages indicate that the ground water pollution has already been initiated in the area and reached to moderate level.

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b) The TDS, Ca, Mg and Cl have been observed more than MPL in and around Ranjangaon (S), Kamlapur and Ramraiwadi indicating the deterioration of ground water due to pollution.

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c) The concentration of nitrate content was above MPL in background samples collected from Shajapur and Vitava and also in the core areas of Waluj MIDC around Ranjangaon (S). The higher values of nitrate, indicates ground water pollution due to both improper disposal of sewage and solid waste of the town and industrial effluents/waste.

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d) The ground water of shallow aquifer is relatively more polluted than deeper aquifer. Except nitrate, where the concentration of nitrate is found more in deeper aquifer indicating contamination due to anthropogenic activity.

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e) As per MPCB, A-II standards, it is observed that in all the samples, all the trace metals are within permissible limits, except Chromium (Cr). The high concentration of Cr (0.118 mg/L) was found at sampling point WLI/CETP-019 i.e., CETP outlet point, however, the same is within permissible limit at the discharge point.

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f) This indicates that the surface water is also being contaminated due to industrial pollution in and around Ranjangaon(S) village area, Ramralwadi, Pardeshwadi (Jogeshwari) irrigation tank and Discharge Point. It also indicates that untreated effluent is still being discharged by some industries into the nala thereby leading to pollution of surface water.

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g) It has been observed that the treated effluent at CETP and discharge point has pungent smell, blackish green colour and TDS values of 2566 mg/L and 2548 mg/L respectively which is beyond the permissible limits of MPCB, A-II standards and the same is being still discharged in Kham river near Patoda and Pandharpur villages.

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h) The CETP has been operational since July 2011 and prior to the functioning of CETP, the treated/untreated effluent was disposed off on the land by the industries. Thus, the presence of TDS, Ca, Mg. Cl, Cr. Ni and Mn in more than MPL of BIS drinking water standards (2012) in ground water and low DO levels, high concentration of MN, TDS, CL and Cr in surface water (as per EPR, 1986 and MPCB, A-II standards) indicates that the long term discharge of treated/untreated effluent on the surface without adhering to the prescribed standards has lead to surface and ground water pollution in the area.

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i) Presently the CETP is receiving only 2 MLD effluents and thus functioning at 20 % of its capacity. This indicates that the entire effluent generated by the industries is perhaps not being received in CETP. Perhaps, the untreated effluent is being discharged into local nalas by the small and medium scale industries, thereby leading to pollution of surface as well as ground water.”

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Under Issue No. 2, it was held that remedial action was required for prevention and control of pollution, as recommended by the Central Ground Water Board. The recommendations referred to are quoted below:-

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“Based on the above conclusions, following recommendations/action plan is suggested to tackle the ground water pollution in the study area.

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i) All the industries and MPCB shall ensure that the untreated effluent is not discharged in local nalas, which is leading to the pollution of surface and ground water.

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ii) All the industries and MPCB shall ensure that their entire effluent is transported to CETP for treatment.

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iii) The CETP shall be operated to its capacity and all the effluents generated by the industries shall be inadvertently brought to the CETP for treatment and ultimate discharge in Khamb River.

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iv) The industries and MPCB shall ensure operation and maintenance of existing CETP so as to achieve the consented standards particularly for DO, TDS, Chloride and Chromium etc.

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v) The removal of color in the CETP should be ensured by the industry and MPCB.

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vi) The Industries shall stop all the seepages/leakages from all the industrial units and the transmission pipes till it reaches the CETP.

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vii) The Industries shall increase green belt development as per CPCB guidelines in the area.

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viii) Some of the industries like Amri India Pvt. Ltd. (Respondent No.5) are having unused storage lagoons in their premises. These and other such unused lagoons should be identified and they should be filled withlocal day or other impervious material to avoid further contamination of ground water due to natural recharge.

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ix) If the size of lagoons is too big to be lined then the same may be filled with local clay and the industry shall undertake “phyto Remediation” technique in consultation with NEERI or other Expert Educational Institute to minimize the contamination of water and soil.

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x) The Industries shall regularly monitor water quality of CETP outlet and discharge point at Khamb River. The results of the water quality shall be submitted to MPCB for monitoring/scrutiny on monthly basis. In addition to the above for aquifer remediation and monitoring of ground water levels and quality following measures are also recommended.

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xi) Aquifer Remediation for improving ground water quality : A thorough site characterization and risk assessment is required, when the groundwater contamination is confirmed and remedial action is deemed necessary. The most common physical and chemical remediation technologies available are artificial recharge, pump and treat, Soil Aquifer Treatment (SAT), bio and phyto-remediation etc.

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xii) Aquifer Remediation Report and implementation Plan : Using just one technology may not be adequate to remediate contaminated sites with different contaminates and complex site conditions. Under such situations, different technologies are used sequentially or concurrently along with the primary treatment technology to achieve the remedial goals. A

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comprehensive report and implementation plan including the hydro geological and hydro chemical inputs needs to be prepared considering the local hydro geological and climatologically features. For this purpose, expert or group of experts having thorough knowledge of the available technologies and will be better equipped to utilize proper judgment for the decisions regarding the remediation of contaminated sites. Such report shall be prepared by the Industry through NABET accredited Consultant and submitted to competent/regulatory authority for technical evaluation.

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xiii) Ground Water Levels and Quality Monitoring Mechanism : The ground water levels and quality shall be regularly monitored by the industry by establishing about 20 representative Key Observation Wells (i.e. dugwells and borewells) or even more depending on the need for shallow and deeper aquifers in the ground water polluted/affected areas. The density and distribution of KOW’s shall be decided based on the above Aquifer Remediation Report and implementation Plan. The ground water levels and quality shall be monitored two (2) times during the water year i.e. during the pre-monsoon (May) and postmonsoon (November) season for all their major parameters including the heavy metals mentioned in the drinking water standards of BIS, 2012. The results of the water sample analysis and water level data shall be submitted to competent/regulatory authority for monitoring/scrutiny.”

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Under Issue No. 3, it was held that the erring industries were liable to pay compensation for restoration of environment on ‘Polluter Pays’ principle to execute the action plan prepared by State PCB. The relevant extracts from the said plan are reproduced below:-

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“26……

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Innotech Ltd., Paschim Chemicals Pvt. Ltd., Ariane Orgachem Pvt. Ltd. and Endurance Systems Pvt. Ltd. are not meeting the land disposal criteria with respect to EC, TDS, sodium, COD and BOD as prescribed by State and Central boards for pollution control. Industries like Paschim Chemicals Pvt. Ltd. and Ariane Orgachem Pvt. Ltd., are disposing their treated waste water in an unregulated manner on barren land without any plantation.

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The wells downstream of Endurance system India Pvt. Ltd. namely W5 and W27 also showed high concentration of Cr. i.e. 7.86 mg. Lⁱ and 1.30 mg. L.₁ respectively. The concentration of Cr.Zn and Ni in the treated waste water of Aurangabad Electricals Pvt. Ltd. were 1.72, 69.0 and 99.65 mgL.ⁱ respectively. The high concentration of

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Cr.(2.16 mg.Lⁱ ) in W12 was observed which is in close proximity of Aurangabad Electricals Pvt. Ltd. the metals concentrations in the wells can be linked to the wastewater which is being disposed on land by these industries.

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27……

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4.1.7. : Remedies for abatement, treatment and restoration of normal soil quality. At present, as observed during visits to different industrial sites, indiscriminate disposal of wastewater on land is practiced. This has lead in deterioration of soil quality, groundwater pollution, damage to crops in nearby area and health problems to the local people who uses the groundwater. Therefore, the following recommendations are made:

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1. Site-specific land application of wastewater needs to be adopted. Soil characteristics determine the amount of wastewater to be applied to the land. Hence, it is recommended before applying the wastewater, soil characteristics must be known.

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2. The modeling studies indicate that the application rate of wastewater should be less than the average vertical hydraulic conductivity of soil to avoid ground water contamination due to leaching.

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3. For land application, the characteristics of the wastewater determine the quality of wastewater and amount to be used on land. Each type of wastewater contains one or more constituents that limit its application. Treated wastewaters from industries like Innotech Pharma Ltd., Paschim Chemicals Pvt. Ltd., Ariane Orgachem Pvt. Ltd. and Endurance Systems Pvt. Ltd are not meeting the land disposal criteria with respect to EC, TDS, sodium, COD and BOD as prescribed by State and Central boards for pollution control. They must follow the regulations strictly.

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4. Industries like Paschim Chemicals Pvt. Ltd. and Ariane Orgachem Pvt. Ltd., are disposing their treated wastewater in an unregulated manner on barren land without any plantation. To avoid further deterioration of soil and groundwater qualities, effective utilization of treated wastewater for plantation should be done at wastewater disposal sites after meeting the land disposal criteria.

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Therefore, it is recommended to establish a CETP with appropriate unit operations and process which can produce effluent suitable in all respects for land disposal.

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5. Some of the industries are not meeting the criteria of wastewater disposal on land and also companies are disposing their effluent unscientifically and undiscriminately, the current land disposal practices should be stopped immediately. Hence, to avoid further contamination, CETP at Waluj MIDC, Aurangabad should be made operational at the earliest.

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6. The soil's capacity to use, retain, or reduce the undesirable effects of wastewater varies significantly according to the physical, chemical, and biological properties of the soil and the characteristics of the wastewater. Thus, the development of a land treatment system must

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be tailored to the characteristics of the specific site and the specific wastewater. Industries like Garware Polyester Ltd., Wockhardt Biotech Park Ltd., Innotech Pharma Ltd., Paschim Chemical Pvt. Ltd., Ariane Orgachem Ltd., Fosters India Ltd., and Aurangabad Breweries Ltd. possess different types of soil and hence have different soil characteristics. Recommended hydraulic loading (quantity and schedule) of wastewater should be carefully implemented by these industries to avoid further deterioration of soils.

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7. Based on lysimeter studies, it is recommended that the treated wastewater having BOD load of 30 and 60 mg/L can be disposed on land with suitable plantation at optimum hydraulic loading of 150 m3/ha/day during pre monsoon and 125 m3/ha/day during post monsoon respectively.

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8. It is also recommended that the plant growth was the best among all treatments with the composite treated wastewater having BOD load of 30 mg/L. Hence, this is more suitable for land application.

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9. Groundwater studies at Vittawa and Ranjangaon areas, which are in the vicinity of MIDC, Waluj and percolation tank showed that dug wells, bore wells and hand pumps in and around were severely polluted. The percolation tank (stagnant water reservoir) is nearer to the cluster of industries such as Lilason Industries Ltd., Innotech Pharma Ltd., Aurangabad Breweries Ltd., Paschim Chemicals Pvt. Ltd., Ariane Orgachem Pvt. Ltd. and Endurance system India Pvt. Ltd.. The wastewaters from these industries move to percolation tank through seepage and contaminate the water in percolation tank which acts as a groundwater recharge source. This might be the cause of groundwater pollution of nearby areas. To avoid further groundwater pollution, the percolation tank (stagnant water reservoir) should be filled.

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10 . Wastewater disposal sites of industries like, Garware Polyester Ltd., Wockhardt Biotech Park Ltd., Innotech Pharma Ltd., Paschim Chemical Pvt. Ltd., Ariane Orgachem Ltd., Fosters India Ltd., and Aurangabad Breweries Ltd. are severely polluted due to continuous wastewater application and are need to remediation/reclamation.

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11. The lysimeter investigations for assessing the feasibility of the wastewater application on land need to be performed to assess the amount of wastewater to be applied at a specific site.

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12. Land disposal sites should be monitored regularly to assess the soil and groundwater quality in the area.

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13. Each of the alternatives discussed above can go wrong if a sitespecific waste management and monitoring programme is not implemented. The results of monitoring must be reviewed periodically and the management plan may be modified, if necessary.

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28…..

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Treatment and management of contaminated ground water bodies etc.

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Waste water disposal sites of industries like, Garware Polyester Ltd., Wockhardi Biotech Park Ltd., Innotech Pharma Ltd., Paschim Chemical Pvt.Ariane Orgachem Ltd., Fosters India Ltd., and Aurangabad Breweries Ltd. are severely polluted due to continuous waste water application and there is need for remediation/reclamation.

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Ground water studies at Vittawa and Ranjangaon areas, which are in the vicinity of MIDC, Waluj and percolation tank showed that dug walls, bore wells and hand pumps in and around were severely polluted. The percolation tank (stagnant water reservoir) is nearer to the cluster of industries such as Lilason Industries Ltd., Innotech Pharma Ltd., Aurangabad Breweries Ltd., Paschim Chemicals Pvt. Ltd. The waste water from these industries moves to percolation tank through seepage and contaminate the water in percolation tank which acts as a ground water recharge source. This might be the cause of ground water pollution of nearby areas. To avoid further groundwater pollution, the percolation tank (stagnant water reservoir) should be filled. Industries will be directed to segregate high TDS streams and treat it separately.”

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Under Issue No. 4, the Tribunal directed the State PCB to take action against the non-compliances. The finding on this aspect is reproduced below:-

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“30. It is placed on record that the MIDC Waluj area accommodates about 1520 Industrial units of which 316 are in highly polluting or red category. The CETP is in operation since 2012 which has a capacity of 10 MLD. As per the record the total generation of waste water in Waluj industrial area is 10.4 MLD or so. However, CGWB has reported that the CETP is in operation only with two (2) MLD capacity due to shortage of incoming effluents. CGWB has further reported that the CETP is also not discharging the desired quality of effluent. All these facts speak for themselves though not disclosed by MPCB. More than eight (8) MLD industrial effluent is still not reaching CETP and being discharged either on land or in nalas with or without treatment. These facts demonstrate that enforcement levels in MIDC Waluj are not to the desirable level. When the matter was taken up by the Tribunal, MPCB observed some non compliances and actions were initiated. We hope that such actions are not for the sake of Tribunal proceedings and consistent enforcement measures are taken by MPCB. During such inspections, MPCB found M/s. Endurance System discharging Chrome Bearing effluent outside premises and has issued directions of closure against the industry. The industry has also filed M.A. No. 145/2014 in connection with such closure with a prayer to direct MPCB to give hearing before restart. What we found interesting is that this industry has also been identified as source of pollution by NEERI as reported in MPCB’s Report. In fact, there are serious observations regarding the Chrome content in the Ground water in wells in the vicinity of these industries. In spite of all such previous record, such industries continue to discharge highly toxic effluent bearing Chrome, into the environment which shows the apathy, these industries have

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towards the environmental protection. We are, therefore, not inclined to accept any request for expeditious hearing by MPCB and we leave it to Member Secretary MPCB to ensure that all pollution control systems are in place and are capable of meeting standards at all times and any other safeguards which he will like to rely upon, including independent expert appraisal, before considering such restart. However, the industry is at liberty to challenge such order of closure or such directions given by MPCB, as per the legal avenues available to them, if deemed fit and necessary. The MA 145/2014 is accordingly disposed of.”

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Finally, the Tribunal disposed of the matter with directions flowing from the findings noted above. Operative part of the order is as follows:-

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(I) MPCB shall devise remedial action plan for the ground water quality and soil water quality as identified in NEERI/CGWB report. MPCB may take help of NEERI to formulate such action plan and identify the cost thereof within next four (4) months.

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(II) MPCB shall thereafter execute such remedial action plan with the assistance of MIDC, GSDA and other authorities as deem necessary in close co-ordination with the District Collector, within next one (1) year or the time frame as suggested by the Expert Agency like NEERI.

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(III) MPCB shall recover the costs of the remedial measures based on equitable distribution and Polluter’s Pay principle from the responsible industries in the catchments of such contaminated wells/aquifers as identified by the CGWB/NEERI.

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(IV) MPCB shall prepare such report identifying the industries and their proposed contribution, may be in the percentage of overall cost basis for further orders from the Tribunal in next three (3) months.

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(V) MPCB shall also utilize the amount of Bank guarantees forfeited from the industries in Waluj Industrial area for the said purpose, for initiating the works referred above.

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(VI) The industries listed in NEERI/MPCB report i.e. Innotech Pharma Ltd., Paschim Chemicals Pvt. Ltd. and Endurnce System Pvt. Ltd., Aurangabad Electrical shall deposit initial amount of Rs.5 lacs each with MPCB towards such remedial action plan.

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(VII) MPCB shall ensure that the industries in MIDC, Waluj area and CETP achieve the desired effluent, quality by issuing suitable directions and the same shall be achieved in a period not more than three (3) months. In case, such compliance is not attained

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in 3 months by individual industries and in 6 months by CETP, then MPCB shall take stringent legal action against the noncomplying industries.

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(VIII) MPCB shall pay the costs of Rs.10,000/- (Rs. Ten thousand) to be paid to the National Environmental Relief Fund, in view of non production of their own action plan and also the NEERI Report in the proceedings.

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(IX) MIDC shall continue to provide water for domestic purposes in villages/localities, located in the eastern stretch starting from north Ranjangaon Shenpunji to south Shivrai, where ground water quality deterioration is reported by CGWB, till such remedial action plan is implemented and the ground water quality is fit for drinking purpose, as per norms.”

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Proceedings for Execution and orders of NGT for remedial action

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After final order dated 24.09.2014, M.A. No. 145/2014 and some other applications were filed for compliance of the directions. O.A. No. 139/2016, which is also being disposed of by this order, was filed by the State PCB, which is also in the nature of seeking execution of directions of this Tribunal

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The Tribunal passed orders from time to time. Vide order dated 23.03.2015, Tribunal directed the State PCB to collect compensation amount from 32 industrial units proportionate to their capacity. Orders were also passed for taking remedial action against the pollution in coordination with concerned authorities/agencies.

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It is not necessary to refer to all the orders passed in the last seven years. It will suffice to refer to some of the orders. Vide order dated 17.03.2020, the status of compliance was reviewed and it was found that the State PCB was either negligent or in connivance with the polluting industries on account of which the unsatisfactory state of affairs continued till the passing of the said order.

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Extract from the said order is reproduced below:-

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“2. The execution application registered as Miscellaneous Application no. 145/2014 has been continuing since 09.03.2015 and various orders have been passed from time to time. The primary issue for consideration in the case are of two fold i.e., (i) contamination of ground water and (ii), the necessity of the industries in MIDC, Waluj area and the CETP of 10 MLD to achieve the desired standards of effluent. The third aspect which incidentally has arisen is the recovery of cost of remedial measure from the polluting industries. The proceedings of the case reflects the grossly inefficient functioning of the MPCB having failed to exercise its statutory powers to ensure implementation of the directions issued by the Tribunal in the Judgment referred to above. Even as on 31.01.2018, which is a last date when the matter was considered in detail, the condition had not at all improved.

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3. It may be noted that decline in the quality of the environment would reflect failure on the part of the authority to perform the obligations under the constitutional scheme and the mandate of the Act¹ . It is also needless to mention that right to fresh air, clean water and pollution free environment is a part of right to life² .

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4. Upon consideration of the entire records and the facts and circumstances emerging therefrom, we cannot but conclude that the MPCB has either been grossly negligent or is in connivance with the polluting industries as they have failed to take prompt action to prevent or avoid or control damage to environment as well as the health and property of the people giving rise to the principle of accountability for restoration and compensation³ .

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5. We take note of the adverse circumstances seriously as the people of the area in question have been left to suffer and environment to degrade primarily on account of the failure of the regulatory authorities and the polluting industries who appear to have been given a free run. These call for stringent action to be initiated against the regulatory authorities as well as the erring industrial units. But, before we proceed further, we deem it appropriate to grant an opportunity to the MPCB to file an affidavit to place on record the present status as regard the implementation of the directions contained in the Judgment referred to above.

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6. Let the status report be filed within two weeks from hence.”

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Status reports dated 09.07.2020, 23.11.2020 and 03.12.2021

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In pursuance of above, the State PCB filed its action taken report dated 09.07.2020 which was considered vide order dated 17.07.2020. The matter was deferred to enable the parties to file their further pleadings.

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1 (1996) 6 SSC 12 : MC Mehta v. Union of India

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2 (1996) 5 SSC 647: Vellore Citizens Welfare V. Union of India

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3 (2004) 12 SSC 18: MC Mehta v. Union of India

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Further status reports have been filed by the State PCB on 23.11.2020 and

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3.12.2021.

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Report dated 9.7.2020

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Report dated 09.07.2020 gives the compliance status as follows:-

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“ *Sr.* *No.*	*Operative part*	*Compliance by MPCB*
1	To devise remedial action plan for the ground water quality and soil water quality as identified in NEERI/CGWB report. MPCB may take help of NEERI to formulate such action plan and identify the cost thereof within next 4 months.	Vide order dated 23/03/2015, this Tribunal appointed the M.S. University of Baroda as an Expert Agency. The Respondent Board has paid Rs. 4.0 Lacs to the Expert Agency towards consultation fees for the preparation of Remediation Plan. Expert Agency submitted Action Plan Report for remediation on 1^stJuly, 2015 and submitted revised total remedial cost based on ground water sampling done in the vicinity of 6 km. radius. The total cost submitted by Expert Agency is Rs. 19.15 Cr.
2	MPCB to execute remedial action plant with the assistance of MIDC, GSDA and other authorities with the District Collector within one year or the time.	Expert Agency submitted Action Plan for remediation on 01/07/2015. This Action Plan along with remediation technique vetted through CGWB,*NEERI,*GSDA and District Collector. After the incorporation of all inputs and suggestions of all the above agencies, the Technical Committee and Core Committee has been constituted. Meeting of Technical Committee held on 09/09/2015.
3	MPCB to recover the costs of the remedial measures based on equitable distribution and polluters pay principle from the responsible industries in the catchment of such contaminated wells/ acquifers as identified by the CGWB/NEERI.	MPCB has recovered Rs. 2.35 Cr. from the identified polluting industries. During the Technical Committee meeting held on 09/09/2015 under the Chairmanship of the. Member Secretary, MPCB and the District Collector, Aurangabad, MPCB has instructed 32 identified industries (CGWB/NEERI) to deposit Rs. 10.00 Lacs each and other 99 industries to deposit Rs. 1.0 Lac to Rs. 5.0 Lacs each as a contribution towards remedial measures. The recovered money is lying in the Escrow Account of District Collector, Aurangabad.
4	MPCB to prepare such report identifying industries and their proposed contribution may be in % of overall cost basis for further order from the	NEERI/CGWB had identified 34 industries. MPCB has identified 130 industries. MPCB constituted a committee on 12/05/2015 to recover cost of remediation. The committee has submitted its report on 23/07/2015 with the details regarding the proportionate amount to be recovered from the industries based on pollution potential towards cost of remediation at Waluj MIDC. This report was submitted by way of filing

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	Tribunal in next three months.	an affidavit , which was affirmed on 24^thJuly, 2015 by the Member Secretary of MPCB.
5	MPCB shall utilize the amount of BG forfeited from the industries in walunj industrial area for the said purpose for initiating the work refereed above.	MPCB has utilized Rs. 4.0 Lacs towards the cost of consultancy for the submission of Remedial Action Plan as demanded by the Expert Agency, i.e. the M.S. University of Baroda.
6	The Industries listed in NEERI/MPCB report i.e Innotech pharma Ltd, Paschim Chemicals Pvt Ltd, M/s Endurance System Pvt Ltd* Aurangabad Electricals shall deposit initial amount of 5 lacs each with the MPCB towards remedial action plan.	In compliance of the judgment dated 24/9/2015, three industries namely M/s Endurance Technologies Pvt Ltd , Ipca Lab (Paschim Chemicals Pvt Ltd) have deposited demand draft in lieu of BG of Rs. 5 lacs each. However, Aurangabad Electrical has not deposited said amount on account of non-operation of unit since 3 years.
7	MPCB shall ensure that the industries in MIDC walunj area and CETP achieve the desired effluent, quality by issuing suitable direction and the same shall be achieved in a period not more than 3 months. In case such compliance is not attained in 3 months by the individual industries and 6 months by CETP then MPCB shall take stringent legal action against the non- complying industries.	MPCB is continuously conducting weekly inspection of CETP through sampling of inlet and outlet of CETP. The inspection and vigilance of the identified industries are increased. Those industries found erring in maintaining CETP standards are strictly dealt with. MPCB has issued Closure Directions to the seven non- complying units since 24/09/2014. The analysis results of last six months show that the CETP is achieving the Consented Standards except the parameter Chloride on few occasions. MPCB has issued Show Cause Notice to CETP for non- achievement of outlet parameter; thereafter CETP has recharged media of Pressure Sand Filter and Activated Carbon Filter to improve the performance. The analysis results of CETP outlet quality since January, 2016 is in the tune of Consented Limit.

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8 Furth ection	MPCB shall pay the cost of Rs. 10000/- to be paid to the National Environment Relief Fund in view of non- production of their own action plan and also the NEERI Report in the proceedings. er table in the said rep s in order dated 15.07	Th *dep* *ear* *res* *dec* En *inc* *Chi* wa Th wa *gro* *rep* ort .20	*e Board has requested to excuse the from* *ositing the cost on the ground that the* *lier action plan prepared to remove* *triction* *imposed* on *account* of *laration of CEPI area by Ministry of* *vironment and Forest, Govt. of India* *luding* *corporation* *area,* *MIDC* *area,* *khaltahna,* *Shendra* *Railway* *station* *lunj and Industrial area on paithan road.* *erefore it was not specific action plan for* *luj MIDC area. More particularly for* *und water pollution Therefore the said* *ort was not produce before this Tribunal.* ” is with regard to status of compliance 15 which is as follows:-
“ *Sr.* *No.*	*Operative part of orde*	r	*Compliance of order dated 15/7/2015*
1	To compile views of agenc along with its own views a submit its report for peru of the Tribunal.	ies nd sal	The Respondent Board has communicated the views expressed by different organization along with the comments of MPCB on the proposed remedial Action Plan for ground water and soil at MIDC Walunj Aurnagabad to MS University, Baroda.
2	MPCB to recomm remediation measur techniques	end es/	The committee has submitted the polluting industries proportionate amount to be collected from the polluting industries on the basis of 50% weightage for high COD, high BOD discharging industries and 20% to all effluent generating industries from walunj industrial area.
3	To take action agai identified pollut industries where some of wells situated near village proximity were fou to be filled w contaminated water.	nst ing the the nd ith	The Board had issued closure directions to 6 industries unit vide letter dated 22/7/2015. Out of 6 industries 4 units have been already identified by MS University Baroda having polluting potential.

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16. Further table in the said report is with regard to status of compliance

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of directions in order dated 15.07.2015 which is as follows:-

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4	Officers of the Board to attend along with the record and authority shall direct the concern officer to take action against polluting industries.	The Regional Officer, Aurangabad had issued closure direction to 6 polluting industries vide letter dated 22/7/2015.
5	After considering report of Expert Comminute of MS University, the Endurance Pvt. Ltd M/s Orchid Pharma and M/s Altra Pharma are each directed to deposit amount of Rs. 10 crores in escrow account of collector, Aurangabad as remedial cost if so required and if the responsibility is fixed finally.	Rs. 10.00 Cr. deposited by M/s. Endurance, K-228, Rs. 5.00 Cr. deposited by M/s. Hospira Health Care India Pvt. Ltd., M/s. Varroc Engineering and M/s. Atra Pharma have not deposited any amount. M/s. Varroc Engineering has obtained Stay Order from the Hon'ble High Court. Vide order dated 23/11/2015, this Tribunal directed M/s. Atra Pharma to deposit Rs. 2.00 Cr. However, M/s. Atra Pharma has filed Misc. Application to allow for deposition of Rs. 20.00 Lacs instead of Rs. 2.00 Cr.
7	The Hon'ble NGT has directed to District Collector, Aurangabad to visit the industries in the nearby area by Ranjangaon shepuji as well as surrounding area 6 km of Walunj MIDC in order to locate prima facie the pollution level with the help of local MPCB and shall ensure that samples are taken in his presence sent to analysis for Govt. Laboratory. Divisional Commissioner Aurangabad has been requested to give appropriate instructions to the collector in this behalf on the ground that there is rampant pollution in the area of Walunj MIDC including nearby area.	About 34 effluent samples and 16 ground water samples were collected in the presence of the District Collector, Aurangabad along with 8 soil samples. Analysis reports are compiled and submitted to the District Collector, Aurangabad. MPCB filed affidavit on 20/10/2015 regarding comments on 34 water samples and 8 soil samples
8	The concern authorities shall deal with the problem of management and handling of msw as well as remedial measures.	The RO Aurangabad has directed to take the issue with District Collector, Aurangabad being Enforcing Authority. ”

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The said report also gives status on the date of filing of the affidavit

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as follows:-

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K) Present status of the implementation of the directions issued by this Hon'ble Tribunal:-

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i. I say and submit that the as per order by the Hon'ble Tribunal in Original Application No. 11/2013 dated 23/03/2015 was please to appoint M.S. University of Baroda to finalize remediation plan. I say and submit that M.S. University of Baroda has submitted remediation plan on 01/07/2015 and Technical Committee meeting was held on 9.9.2015. It was decided to execute the pilot plan for remediation work of contaminated ground water in Waluj MIDC area, Aurangabad. Wherein M.S. University of Baroda has given approximate cost on remediation on 17/12/2015. Installation/Operation cost is of Rs. 3507300/-.and accordingly the pilot plant was installed and commissioned in July 2016.In the said technology use of Calcium Poly Sulphide to treat the ground water. During the results it was observed that the concentration of Cr+6 decreased and the level of TDS found increases. I say that M.S. University of Baroda Gujarat has informed that the technology is useful for reduction of Cr + 6 only and not hardness and TDS.

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ii. I say and submit that to overcome this issue the operating agency of Pilot Plant has suggested the technology based on Emirion Nano technology. However, said technology is not accepted by the Core Committee as it is not cost effective (i.e., 25 paisa/lit). Therefore, the matter was redirected to Technical Committee to explore the alternative technology for remediation work of contaminated ground water in Waluj MIDC Area, Aurangabad. As per the direction of Technical Committee, Regional Officer, MPCB, Aurangabad has formed Sub-Committee on 30.10.2018 consisting of experts from Institute of Chemical Technology Jalna, HOD of Department of Environmental Science, Dr. B.A.M. University, Aurangabad. A copy of the same is annexed herewith and marked as Annexure "A".

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iii. I say and submit that technical Committee meeting held under the Chairmanship of Hon'ble District Collector, Aurangabad and Dr. Parag Nemade, Asst. Professor, Institute of Chemical Technology, Jalna made presentation and suggested use of Nano particles of FeS for removal of Chromium using in situ methods for the specific affected area. Technical committee has recommended the technology suggested by ICT, Jalna. The Technology suggested by ICT Jalna has been reviewed in the meeting of Core Committee held on 03.10.2019 and it is decided to take the opinion from NEERI/IIT on this technology. Accordingly, Minutes of meeting was communicated to NEERI and all members on 11.11.2019, 19.3.2020 and 28.4.2020. A copy of the Minutes of meeting & communication to NEERI is annexed herewith and marked as Annexure "B".

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iv. I say and submit that In addition to remediation measures CETP has established and commissioned in Waluj MIDC

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Area in July, 2011 wherin 212 effluent generating industries have taken the membership of CETP and sending their effluent to CETP for further treatment and disposal. Hence the disposal of effluent on surface/land is stopped. The CETP is achieving the consented standards for disposal of treated effluent. The analysis results of CETP is regularly displayed on Board's Website. A copy of the JVS analysis results are attached herewith and marked as Annexure "C".

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v. I say and submit that the Respondent Board has insisted the electroplating units to use trivalent chromium for electroplating activity. Accordingly, they have stopped the use of Hexavalent chromium since last two years. I say that In-spite of this 6 nos. of Large Scale industries has installed ZLD (Zero Liquid Discharge) for the treatment of industrial effluent. I say and submit that 227 Hazardous waste generation units in the MIDC Area, Waluj and have obtained membership of CHWTSDF i.e., MEPL, Ranjagaon Pune for safe and scientific disposal of NW. All the 227 units are regularly disposing the generated HW to the facility. The level analysis reports of Bore well water in the contaminated area is attached herewith which indicates that the level of Hexavalent Chromium is gradually decreased. A copy of the analysis results are attached herewith and marked as Annexure "D".

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vi. I say and submit that, the industries has provided online monitoring system for zero liquid discharge facility and stack emissions, which are connected to CPCB and MPCB servers. The online system for monitoring of treated effluent comprises of flow Meter, Camera and Analyzer. The Board officials visit the industries as per norms or visit schedule given by the Respondent Board as well as whenever required for investigation of complaints/grant of consent etc. and on the basis of non-compliance observed during the visit, from time to time the Respondent Board has initiated actions against the industries . A copy of the Action taken since 2014 are attached herewith and marked as Annexure "E".

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L) Implementation in compliance various orders are summarized as under:-

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a) The Board has taken follow up to deposit the amount in ESCROW Account of Collectorate, Aurangabad from defaulting industries located in MIDC Area Waluj, Aurangabad as per the directions passed by Hon'ble NGT on 23.3.2015, 7.5.2015, 15.7.2015, 28.7.2015, 23.11.2015 etc.

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b) Accordingly, 53 nos of industries from Waluj MIDC Area, Aurangabad has deposited the amount of Rs. 17.68 Cr in the ESCROW account.

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c) Out of this Rs.17.68 Cr of ESCROW account amount of Rs. 3156570/- has spent on installation, commissioned and Operation of Pilot Plant located on P.No. K-242, MIDC Area Waluj, Aurangabad as per the technology suggested by M. S. University of Baroda. Further, the excess amount of Rs. 222952297/- deposited by the industries in the ESCROW Account of Collector Office, Aurangabad towards remediation of contaminated ground water has been refunded to the 3 nos of industries on their request by retaining 10% amount more than the proposed contributions as per Order passed by Hon'ble NGT dated 30.1.2018.

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d) The Pilot plant is installed and commissioned in July 2016 on the basis of technology suggested by M.S. Baroda University. The technology is based on use of Calcium Polysulphide Solution to treat the ground water.

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e) Analysis results of pilot plant of treated ground water indicates that the concentration of hexavalent chromium is decreased and the level of TDS found increases.

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f) To overcome this issue the operating agency of pilot plant has suggested the technology based on Emirion Technology. However, said technology is not cost effective therefore Core Committee has not considered the same.

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g) Therefore, the matter was redirected to Technical Committee to explore the alternative technology for remediation work of contaminated ground water in Waluj MIDC Area, Aurangabad.

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h) As per the direction of Technical Committee, Regional Officer, MPCB, Aurangabad formed Sub-Committee on 30.10.2018 to consisting of experts from Institute of Chemical Technology Jalna, HOD of Department of Environmental Science, Dr. B.A.M. University, Aurangabad.

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i) Dr. Parag Nemade, Asst. Professor, Institute of Chemical Technology, Jalna has suggested use of Nano particles of FeS for removal of Chromium using in situ methods for the specific affected area. Technical committee has recommended the technology suggested by ICT, Jalna.

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j) The Technology suggested by ICT Jalna has been reviewed in the meeting of Core Committee held on 03.10.2019 and it is decided to take the opinion from NEERI/IIT on this technology.

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k) Accordingly, Minutes of meeting was communicated to NEERI and all members on 11.11.2019, 19.3.2020, 28.4.2020 & 25.6.2020. ”

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Report dated 23.11.2020

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The progress report filed on 23.11.2020 adds the decision of the Core Committee in its meeting held on 26.08.2020 and sanction for awarding the work of restoration of the ETP to M/s Jyoti Hydrotech. The relevant extracts from the said report are:-

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“ 6. I say and submit that 223 Hazardous waste generation units in the MIDC Area, Waluj and have obtained membership of CHWTSDF, i.e., MEPL, Ranjagaon Pune for safe and scientific disposal of HW. All the 223 units are regularly disposing the generated Hazardous Wastes to the facility. M/s Bajaj Auto Vendor Association (BAWA) have installed 49 nos. of pits of size 3 mtrX3mtrX3mtr of capacity to store about 1500 Lakhs Litre towards rain water harvesting per annum . Therefore are 223 nos of industries in Walui MIDC who had obtained membership of Common Hazardous Wastes for Treatment, Disposal Facility (CHWTSDF) at Ranjangaon, Pune for scientific disposal of Hazardous Wastes, Member Industries have provided isolated storage arrangement within the premises and also disposing Hazardous Wastes to CHWTSDF i.e. quantity wise disposal details 10,810.62 MT/Annum Hazardous Wastes in 2017-2018, 11737.64 MT/Annum Hazardous Wastes In 2018-2019 and 13,726 MT/Annum of Hazardous Wastes in 2019-2020 due to which avoid the percolation of Hazardous Wastes. A copy of the latter dated 11.11.2020 is attached herewith and marked as Annexure "E".

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7. I say and submit that, the Board has accorded sanction for proposal of M/s. Jyoti Hydrotech regarding work of restoration of existing Effluent Treatment Plant for treatment of ground water quality of Walu MIDC, Distt. Aurangabad. Accordingly, M/s. Jyoti Hydrotech has been completed restoration of pilot plant at K-242 Waluj MIDC and started pilot plant from 7/11/2020 & restoration plant will run under operation and maintenance contract for 18 months. The restoration of existing Pump and Treatment plant with operation and maintenance for 18 months with investment for Rs. 26,88,300/-. A copy of the Letter Dated 15/10/2020 & 11/11/2020 are attached herewith and marked as Annexure "F" Colly.

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8. I say and submit that, the Board officials have visited the existing plant on 9.11.2020 and verified that:

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i. The pump and treatment plant (P&T) is in operation.

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ii. Treatment consists of primary and tertiary treatment include-collection tank, carbon and sand filter.

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iii. The technology used is pump and treat method by using chemical i.e., calcium polysulphide and iron sulphate. A copy of the Visit Report along with Photographs Dated 9/11/2020 are attached herewith and marked as Annexure “G".

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The Industries generating Hazardous Wastes have obtained membership of CHWTSDF at Rajangaon, Pune for scientific disposal of Hazardous Wastes, member Industries have provided isolated storage arrangement with the premises and also disposing Hazardous Wastes to CHWTSDF i.e. quantity wise disposal details are 10,810,62 MT/Annum in 2017-2018, 11737.64 MT/Annum Hazardous Wastes in 2018-2019 and 13726.79 MT/Annum of Hazardous Wastes in 2019-2020 due to which restricted percolation in the area at present.

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The Pump and Treatment ETP Plant restart w.e.f. 07.11.2020 and technology used is pump and treat method by using chemical i.e. Calcium Poly-sulphide and trial work has been already started of Pilot Plant and running smoothly. The samples collected on 19.3.2020 of various locations in walunj area shows presence of Hexavalent chromium on BDL (Below Detectable limit). Total chromium on BDL, Which shows tremendous improvement in Ground Water quality as compared to previous year. ”

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Report dated 03.12.2021

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The progress report dated 03.12.2021 gives further status report to the effect that M/s Jyoti Hydrotech has recommenced the plant and some improvement has been achieved. Extracts from the said report are as

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follows:-

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“

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6. I say and submit that the vigorous follow up of Board resultant to installed 34 nos of industries have taken the underground ETP tanks to overhead ETP. A copy of the list of industries installed overhead ETP tanks are attached herewith and marked as Annexure `D'.

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7. I say and submit that 274 Hazardous waste generation units in the Waluj MIDC Area, and have obtained membership of CHWTSDF i.e., MEPL, Ranjagaon Pune for safe and scientific disposal of HW. All the 274 units are regularly disposing the generated HW to the facility and about 8867.69 MT of HW disposed in the year 2020.-2021. A Copy of the list of HW generation units with disposal quantity is attached herewith and marked as Annexure `E'.

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8. The Industrial associations installed 49 nos. of pits of size 3 mtrX3mtrX3mtr of capacity about 1500 Lakhs Litre. A copy of the letter dated 11.11.2020 is attached herewith and marked as Annexure `F'.

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9. I say and submit that, The Board has accorded sanction for proposal of M/s. Jyoti Hydrotech regarding work of restoration of existing effluent treatment plant for treatment of ground water quality of Waluj MIDC, Dist. Aurangabad. Accordingly, M/s. Jyoti Hydrotech has been completed restoration of pilot plant at K-242 Waluj MIDC and started pilot plant from 7/11/2020 A copy of the Letter Dated 15/102020, 11/11/2020 & 5.10.2021 are attached herewith and marked as Annexure `G'.

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10. I say and submit that, The Board officials visit the pilot plant on 9.11.2020 and 12.11.2021 and verified that:

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i) M/s. Jyoti Hydrotech has recommenced the pilot plant (5 CMD/hr) trial run found in operation.

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ii) Treatment consists of primary and tertiary treatment include — collection tank, carbon and sand filter.

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iii) The technology used is pump and treat method by using chemical i.e., calcium polysulphide and iron sulphate.

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iv) The representative reported that M/s. Jyoti Hydrotech has recommenced the Pilot plant on 7.11.2020.

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A copy of the Visit Report along with Photographs dated 9/11/2020 & 12.11.2021 are attached herewith and marked as Annexure 'H'.

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11. The analysis results of sample collected on 12.11.2021 of the Ground Water Pilot Plant Inlet shown presence of hexavalent chromium level about 1.85 mg/lit and TDS (Total Dissolved Solids) level about 1096 mg/lit and Outlet of hexavalent chromium shown BDL (Below Detectable Level) and TDS level decreased about 924 mg/lit. . It indicates that the Ground Water Pilot Plant technology works smoothly and continue to carry out this exercise in future so as to maintain good improvement in Ground Water quality. A copy of analysis results are attached herewith and marked as Annexure ‘I’.

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Consideration and further orders

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We have heard learned Counsel for the parties who were present during the hearing with a view to dispose of the matter which has been pending for last more than nine years.

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Question to be considered is the compliance status in pursuance of the directions of this Tribunal dated 24.09.2014 and subsequent directions to give effect to the directions in the main judgement. Further question is the course of action for compliance in case non compliance is continuing.

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As noted earlier, the Tribunal in its judgment dated 24.09.2014 found pollution and sources of pollution established. It also identified the remedial measures. It is on record that the groundwater contamination is with reference to nitrate and Total Dissolved Solid which needs to be remedied. Finger printing/marker labeling may pin-point the industries causing such contamination. Contaminated shallow or deep aquifer may have to be mapped to undertake appropriate remediation. Many identified contaminated sites on account of disposal of hazardous waste have been noted by the Tribunal in OA No. 804/2017 which are yet to be remediated. The Tribunal has issued directions for remediation for which lack of funds or not lack of technically viable options cannot be defence. The authorities have to remedy the situation. Public has to be cautioned for not using contaminated water and provided alternate safe drinking water.

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Order dated 17.03.2020 shows that situation remained far from satisfactory. Further action taken reports dated 09.07.2020, 23.11.2020 and 03.12.2021 show that satisfactory situation has not been achieved and several steps remain pending. Learned Counsel for the State PCB are not able to give current water quality status so as to satisfy the Tribunal that

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situation has further improved. This calls for continuous monitoring by High Level Monitoring Committee.

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Accordingly, we constitute a Monitoring Committee headed by Chairman, State PCB with Divisional Commissioner, Aurangabad and District Magistrate, Aurangabad as its Members. The Committee may hold its meeting within a month to take stock of the situation. The Committee may undertake visit to the area and ascertain the latest status of pollution level as well as the status of compliance of restoration plan. The updated action plan may thereafter be prepared within one month and executed within six months. The plan may explore engineering, phyto-remediation or other options. Public may be cautioned against use of contaminated aquifer and alternative water supply ensured in such cases.

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The Committee will be free to interact with the stakeholders in the area and take services of any other individual/agency. The Committee may meet atleast once in a month unless more frequent meetings are necessary. Except for visit to the site, the meetings may be online or physical as may be found viable. The minutes of the meeting may be placed on the website of the State PCB. Needless to say that the State PCB will be free to recover the cost of remediation on polluter pays principle from erring industries, following due process, apart from compensation recovered earlier. It will also be free to take action of closure of polluting industries and exercise other statutory powers. If any grievance survives, it will be open to the aggrieved parties to take remedies in accordance with law.

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Consideration of objections to quantum of compensation

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Learned Counsel for some of the industrial units have referred to affidavits filed to challenge to scale of compensation levied by the State PCB. We note that such orders are appealable but no such remedy has

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been taken. Even otherwise, we have considered the affidavit of respondent no. 13, Hospira Healthcare India Pvt. Ltd. in reply to the affidavit dated 03.03.2017 filed by Maharashtra Pollution Control Board and affidavit filed on behalf of Endurance Technology Ltd. objecting to the compensation levied by the State PCB. We have also perused the affidavit filed by Respondents No. 11 to 18 on the subject.

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We do not find any merit in the stand of the said parties against the compensation levied. The stand of Hospira Healthcare India Pvt. Ltd. is that there is no identification of the persons responsible for pollution nor there is any basis for apportioning the liability. Compensation assessed is Rs. 2451382.40/-. NEERI report has been relied upon by State PCB which also does not have any scientific basis. In case of Endurance Technologies, the amount of compensation is Rs. 18955673.32/-. In case of Respondents No. 11 to 18, there are varying amounts. Objections against compensation are identical.

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It is not the case of the said parties that compensation levied meets the entire cost of remediation. Loss is admittedly much higher. The units have certainly contributed to the pollution. The amount of compensation is not in any manner disproportionate to the financial worth of the units. There has to be deterrent element also. Period of pollution is long. Person carrying on hazardous activity for commercial purpose is absolutely liable to restore any damage to the environment. Burden to prove that its activity is benign is on project proponent. Reference may be made to Vellore Citizen forum, (1996) 5 SCC 647. The objectors are assuming that burden of proof is on Board. Once activity of the PPs has been found to be polluting, they cannot avoid absolute responsibility under polluter pays principle nor have discharged their burden to show that their activity is benign. Exact

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apportionment of liability is not possible. Some amount of guess work in determining compensation cannot be ruled out. We find it difficult to hold that the assessment by the PCB is without any tangible basis. Objections are rejected.

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Order on formal applications for substitution of parties

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I.A. Nos. 47/2021, 58/2021 and 68/2021 are for substitution of the names of the parties on account of factual position mentioned in the said applications, which are allowed subject to just exception.

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All pending proceedings will accordingly stand disposed of.

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A copy of this order be forwarded to Chairman, State PCB, Divisional Commissioner, Aurangabad and District Magistrate, Aurangabad by e-mail for compliance.

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Adarsh Kumar Goel, CP

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Sudhir Agarwal, JM

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Dinesh Kumar Singh, JM

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Prof. A. Senthil Vel, EM

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Dr. Vijay Kulkarni, EM

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July 5, 2022 Original Application No. 11/2013 (WZ) & Original Application No. 139/2016 (WZ) I.A. No. 47/2021(WZ) SN