Disposed

Prakash Yadav So Sh Fateh Singh vs

NGT6 Nov 2024Original Application No. 1031/2024

Case brief

AI extract

What is this about?

The applicant alleged effluent discharge pollution in Dharuhera Industrial Town violating the Water Act. The court found statutory requirements were met by industries with plants. The matter was remitted to the Haryana State Pollution Control Board to inspect and test effluent samples for compliance.

What did the court decide?

Haryana State Pollution Control Board directed to inspect industrial units, collect effluent samples, and submit a compliance report within two months.

Prakash Yadav So Sh Fateh Singh vs — Environment and Pollution | NGT (2024)

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Court No. 2

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Item No.06

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BEFORE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 1031/2024

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Prakash Yadav Applicant(s) Versus

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State of Haryana Respondent(s)

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Date of hearing: 06.11.2024

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CORAM: HON’BLE MR. JUSTICE SUDHIR AGARWAL JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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A pplicants: None

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ORDER

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Letter petition dated 29.12.2023 sent by Prakash Kharkara son of Fateh Singh resident of Village and Post Kharkara, District Rewari, State of Haryana has been registered as Original Application under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘ NGT Act, 2010 ’) for exercise of s uo-moto jurisdiction in view of law laid down by Supreme Court in Municipal Corporation of Greater Mumbai Versus Ankita Sinha and Others, (2022) 13 SCC 401.

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Complainant has said that due to want of sewerage connection in Dharuhera Industrial Town, several industries have established Sewerage Treatment Plants in the premises of industries and discharging effluent while some industries who have not installed Sewerage Treatment Plants are discharging effluent outside the premises through safety tanks and

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thus causing violation of environmental laws by contaminating water and it is violation of Water (Prevention and Control of Pollution) Act, 1974.

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From allegations of complaint, we find that establishment of Sewerage Treatment Plant in industrial area is a statutory requirement and if industries have established such plants there is nothing per se illegal. Secondly safety tanks cannot cause in discharge of any effluent outside premises and complaint is factually incorrect to this extent.

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However from the entirety of complaint it appears that the complainant intends to say that effluent being discharged by industrial unit in Dharuhera Industrial Township Area is not meeting standards prescribed by Board under the provisions of Water (Prevention and Control of Pollution) Act, 1974 and that is how land and surface water outside the premises is being polluted.

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In these facts and circumstances we are of the view that at the first instance, complaint may be addressed by Statutory Regulator of Haryana and if it finds any violation on the part of any industry, appropriate action shall be taken by it.

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In these circumstances, we direct Haryana State Pollution Control Board to visit industrial units in Dharuhera Industrial Area, collect effluent’s samples from the outlet of Sewerage Treatment Plants from Industrial units and find out whether the same is complying with standards prescribed under Water (Prevention and Control of Pollution) Act, 1974 or there is violation. In case of any violation, appropriate punitive, prohibitive, preventive and remedial action shall be taken without any further delay within two months and a compliance report shall be submitted with Registrar General of this Tribunal who may place the matter before appropriate Bench, if any further order is required.

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With the above directions, this Original Application is disposed of.

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Sudhir Agarwal, JM

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Dr. Afroz Ahmad, EM November 06, 2024 Original Application No.1031/2024 M

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Prakash Yadav So Sh Fateh Singh vs

Case brief

What is this about?

What did the court decide?

Prakash Yadav So Sh Fateh Singh vs

Case brief

What is this about?

What did the court decide?

What the court decided

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