The Tribunal disposed of an application seeking compensation for crop loss, revocation of Environmental Clearance, and audit of CSR funds. It held claims for past 15-year compensation illegal/unbarred and directed challenges to clearance to proper authorities, citing existing PCB actions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Item No.4:
BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI
Friday, the 10th day of January, 2025
(Through Video Conference)
Original Application No. 15 of 2022 (SZ)
IN THE MATTER OF
Gummi Narendar Reddy,
S/o G. Ranga Reddy, aged 42 yrs, Anthammagudem Village, Pochampally Mandal, Yadadri Bhuvanagiri District, Telangana- 508284.
...Applicant(s)
Versus
1. Union of India
Rep by its Secretary, Indira Paryavaran Bhawan, Jorbagh Road, New Delhi- 110 003.
2. State of Telangana,
3. Telangana Pollution Control Board, Rep by its Member Secretary, A-3, Paryavaran Bhawan, Sanath Nagar Industrial Estate, Sanath Nagar, Hyderabad- 500 018.
4. Agriculture Commissioner and Director,
Fathe Midan, Basheer Bagh, Near Nizam College, Basheer Bagh, Hyderabad, Telangana- 500001.
5. Collector and District Magistrate,
6. Commissioner of Police, Rachkonda,
Vayupuri Colony, Besides Malkajigiri Court Complex, Neredmet, Medchal-Malkajgiri District, Secunderabad- 500056.
7. M/s Brundavan Laboratories (P) Ltd.,
Petroleum and Explosives Safety Organisation, Department of Explosives, No. 140, Rukmani Lakshmipatti Road, Egmore, Chennai- 600 008. Salem District- 636103.
(Respondent no.6 deleted as per order dated 03.02.2022)
...Respondent(s)
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| For Applicant(s): | Mr. Sharath Kumar |
|---|---|
| For Respondent(s): | Dr. Kuna Suryanarayana for R1. Ms. C.P. Kavitha Renjini for Mr. T. Sai |
| Krishnan for R3. | |
| Mrs. T. Hemalatha for R7. |
CORAM :
HON’BLE SMT. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER HON’BLE DR. VIJAY KULKARNI, EXPERT MEMBER
JUDGMENT
Delivered by Smt. Justice Pushpa Sathyanarayana , Judicial Member
1. The captioned application is filed by Mr. Gummi Narendar Reddy, who is the resident of Anthammagudem Village, Pochampally Mandal, Yadadri Bhuvanagiri District, Telangana for the following prayers:
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2. It is alleged that the 7th respondent, M/s. Brundavan Laboratories (P) Ltd., is a ‘Red’ Category bulk drug industry started in the year 2005 in Yellagiri Village of Choutuppal Mandal, which is the next village of the applicant’s village, Anthammagudem. The unit initially had 26.5 TPA and it expanded to 1020 TPA in 5.50 ha., of area. As the industry has been discharging the untreated chemical waste in the land of the applicant, he had suffered financial loss due to the crop failure.
3. Earlier the Andhra Pradesh Pollution Control Board had constituted a committee to review the grounds situation which found that the Pharma units were not implementing pollution control measures. Since, no action has been taken, several complaints have been given by the villagers.
4. A closure order was issued by the Pollution Control Board on 11.07.2019 which was later revoked for 03 months with additional directions given to the 7th respondent. The 7th respondent had also paid Rs.47,333/- as crop damage compensation. There was yet another temporary revocation of the closure order from 25.02.2020 for a period of 06 months. The applicant also seems to have alleged violation of the Environmental Clearance conditions.
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5. As the complaints of the villagers were not redressed by the official respondents, the above Original Application is filed for the reliefs mentioned above.
6. Earlier, this Tribunal had sought for a report from the Telangana Pollution Control Board and also from the District Collector, Yadadri Bhuvanagiri District to ascertain whether pollution control mechanism provided are sufficient, whether allegation of discharging the trade effluent into the water bodies and agricultural lands are still continuing, whether any damage has been caused to the soil on account of the alleged violations etc.
7. The Commissioner and Director of Agriculture has filed a detailed report on the status of the land owned by the applicant and the crops grown, soil analysis report and water analysis report. The Agriculture Department officials inspected the fields on various dates at Sy. Nos. 248, 249, 250, 292 and 293 situated in Jiblakpally Revenue Village of Anthammagudem Gram Panchayat, Pchampally Mandal and collected samples of water and soil from the above survey numbers and sent for analysis.
8. The water quality was tested to have very high electrical conductivity of 3.95 at Sy. Nos. 248 and 249 making it not suitable for irrigation under normal conditions. It can be used occasionally if the soil is permissible and arrangement for adequate drainage facilities and salt tolerance crops are selected. Sy. Nos. 292 and 293 are fit for irrigation under normal conditions.
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9. Regarding the soil quality , all the 03 samples taken were found to be suitable for raising the crops having a pH range in between 7.0 to 7.9 and electrical conductivity is also less than 1.0 which is suitable for raising the crops. The soil analysis test also reported that the soil is suitable for raising crops and the applicant has raised vegetables in Sy. Nos. 292 and 293. The details of the crops raised by the applicant in the above Sy. Nos. from 2018 to 2022 is also furnished in the report.
10. On field enquiry conducted by the Mandal Agriculture Officer and Horticulture Officer on 01.02.2023, paddy and vegetables were raised by the applicant as detailed in the report. The yield particulars as informed by the applicant as against the average yield are also noted by the Agriculture Officer. It is stated that the average return obtained for the paddy crop from 2018 to 2020 is Rs 20,340/- per acre/year at Rs1800/qt approximately and during 2021 and 2022, the average return obtained for Bitter gourd and Tomato crop are Rs. 24000/- to 36000/- per acre at approximately Rs. 12/kg and Rs. 50000/- to 60000/- per acre at approximately Rs10 kg respectively.
11. To be noted is that the applicant was paid compensation of Rs.24,014.44 at Rs. 3202.4 per acre for the area in Sy. Nos. 248, 249, 250, 292 and 293 by the Revenue Divisional Officer, Choutuppal during the year 2020-21 for the loss caused due to pollution which was contributed by the industries in that area.
12.The Telangana Pollution Control Board (TGPCB), which is the
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vide order dated 09.09.2016 for manufacture of the 30 products with a total quantity of 2833.33 kg/day with a condition that the industry manufacture any 10 products at a time in phase wise with validity of 08.09.2021. On 07.10.2021 the Board also issued extension for a further period of 02 years. The industry has also obtained latest renewal Consent for Operation with a validity of 31.12.2022 for manufacturing of 11 products.
13. The Telangana Pollution Control Board has periodically reviewed the industry through its Task Force Committee, which has issued directives to control air and water pollution. Furthermore, the Board constituted a Rolling Task Force Team on 09.12.2021 in response to complaints received from villagers of Anthammagudem. The team inspected all 11 bulk drug and intermediate manufacturing industries located near Dothigudem and Anthammagudem villages, visiting agricultural lands in the area and collecting samples at various locations, including from the 7th respondent.
14. The Telangana Pollution Control Board filed another report on 24.04.2023 informing that the District Agricultural Officer has made assessment on total compensation for crop damage. The Board vide letter dated 19.10.2019 apportioned the compensation amount of Rs. 77,55,800/- among the 11 industries including the 7the respondent, herein and directed all the 11 industries to pay compensation. The 7th respondent has paid Rs.47,333/- as crop compensation to the District Collector.
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15. On 03.07.2023, the Telangana Pollution Control Board filed another report stating that an Environmental Compensation of Rs. 45 lakhs had been levied on the 7th respondent. In a subsequent report filed on 11.08.2023, the Board informed that the 7th respondent had filed Writ Petition No. 19039 of 2023 before the Hon’ble High Court of Telangana, challenging the Environmental Compensation levied. The Hon'ble High Court by an order dated 08.08.2023, quashed and set aside the order dated 20.06.2023 imposing the Environmental Compensation and remitted the matter back to the Board with a direction to afford an opportunity of hearing the industry.
16. In compliance with the High Court’s order, the Telangana Pollution Control Board, in its report filed on 26.09.2023, stated that a meeting was held with the 7th respondent on 28.08.2023. After detailed discussions, the Task Force Committee recommended an extension of the temporary revocation of the closure order up to 31.10.2023, with additional conditions, including the payment of Environmental Compensation. The Committee also recommended the forfeiture of the bank guarantee of Rs. 24 lakhs. Subsequently, the TGPCB issued a fresh Environmental Compensation of Rs. 45 lakhs.
17. The Telangana Pollution Control Board filed another report on 14.09.2024 stating that the industry has paid part payment of Rs.11,25,000/- i.e. 25% of Environmental Compensation levied by the Board. The Task Force Committee has also issued extension of temporary revocation of closure order for a period of 03 months i.e. up to 03.04.2024.
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18. The latest of the report dated 12.07.2024 filed by the Telangana Pollution Control Board mentioned that in O.A. No. 97 of 2021 filed by one Sri Ravula Linga Swamy and ors., of the Anthammagudem Village, Pochampally Mandal, the Pollution Control Board had levied Environmental Compensation of Rs. 45 lakhs by order dated 20.06.2023. The said levy of compensation was challenged in W.P. No. 19039 of 2023 before the Hon’ble High Court of Telangana in which the Hon’ble High Court disposed of the Writ Petition on 08.08.2023 with a direction to the Board to afford an opportunity to hearing to the petitioner and pass a speaking order and conclude the proceedings initiated pursuant to the show cause notice dated 22.05.2023. Accordingly, the industry was called upon by the Task Force Committee and it had recommended to issue the extension of the temporary revocation of the closure order for a period up to 31.10.2023 along with additional directions to the respondent industry and payment of Environmental Compensation.
19. Once again, the Board after complying with the directions issued by the Hon’ble High Court had levied Rs. 45 lakhs as Environmental Compensation. The industry also had paid a sum of Rs. 11,25,000/on 27.12.2023 which is the 25% of the total compensation awarded. The Pollution Control Board has stated that the 7th respondent has provided new Zero Liquid Discharge System of 125 KLD capacity consisting of MEE (4stage), ATFD, ETP (Biological Treatment) and RO plant (125 KL). The industry is having coal fired boiler of capacity 5 TPH provided with MDC followed by Bag filter as APCE and 2 TPH boiler provided with cyclone dust collector as APCE followed by separate chimneys of height 30 mts. The industry has provided double stage scrubber followed by activated charcoal bed for
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production of block A and 03 numbers of single stage scrubbers at vent of HCL tank, vents of centrifuges at production block-A, vents of centrifuges at production block-B. Similarly, the industry has provided double stage scrubber followed by activated charcoal bed at production block-D. Therefore, the Pollution Control Board reviewed the respondent industry before the Task Force Committee on 04.07.2024 and extended the temporary revocation of closure order for a period of 03 months along with additional directions and payment of the balance of the Environmental Compensation. The respondent industry said to have paid another 25% which is Rs.11,25,000/- thus so far made the payment of 50% of the amount demanded.
20. Considering the claims made by the applicants, we are of opinion that:
20.1. To declare the payment of Rs. 3500 per acre compensation for the loss caused due to the pollution by the District Collector for 15 years crop loss is illegal. Regarding this the applicant should have approached only the District Collector as the Head of the Revenue Department and that too for a period of 15 years cannot be decided in this application.
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applicant has been paid compensation from the year 2018 to 2022 which is evident from his report.
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applicant. Therefore, for the pollution alleged by the industry, the Pollution Control Board has already addressed the issue.
21. For any subsequent violation, it is open to the applicant to report and complaint to the Pollution Control Board.
22. As regards the claim of compensation, since already it has been paid and any challenge to the same for enhancement shall be made before the District Collector if otherwise permissible.
23. In view of the above, the Original Application is disposed of.
............................................................J.M.
(Smt. Justice Pushpa Sathyanarayana)
.......................................E.M.
(Dr. Vijay Kulkarni)
Internet – Yes/No
All India NGT Reporter – Yes/No
O.A. No.15/2022(SZ) 10th January, 2025.(AM)
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3 issues framed by the court
Whether the application for declaring past compensation illegal and directing future compensation is maintainable.
Whether the challenge to the Environmental Clearance expansion is barred by limitation.
Whether the Pollution Control Board's measures adequately address the alleged pollution violations.
Gummi Narendar Reddy
Union of India
State of Telangana
Telangana Pollution Control Board
M/s Brundavan Laboratories (P) Ltd.
PUSHPA SATHYANARAYANA
VIJAY KULKARNI
As recorded by the court registry
An original application before a tribunal, most commonly a service dispute before the Central or a State Administrative Tribunal.
Judgements on the same questions, provisions and authorities, from every court
