Pune: A five-member bench of the National Green Tribunal (NGT) in New Delhi has directed the Maharashtra Pollution Control Board (MPCB) to assess and recover compensation on ‘Polluter Pays’ principle from the Indapur-based Chhatrapati Sahakari Sakhar Karkhana Limited for “acknowledged deficiencies and violations” in the compliance of environmental norms.
“The amount (assessed &) recovered may be utilized for restoration of environment by preparing an action plan by the State PCB,” the bench headed by NGT chairperson Justice Adarsh Kumar Goel and comprising judicial member Justice Sudhir Agarwal, expert members Nagin Nanda, Vijay Kulkarni and Afroz Ahmed said in a recent order passed by way of a video conference proceeding.
In October 2020, Baramati lawyer Vikramsinh Patil and two others moved the NGT, on behalf of farmers having their fields around the sugar cooperative unit, alleging groundwater and air pollution caused by the factory and health hazards posed by the same.
The violations pointed out, among others, were failure to prevent discharge of untreated effluent, not having facility to store wastewater in storage tanks, not having an Online Continuous Effluent Monitoring System (OCEMS), not installing Condensing Polishing Unit (CPU) and storing molasses in pits instead of tanks, failure to obtain prior Consent to Operate and to comply with Environment Clearance condition with regard to installing wet scrubber system to boiler (3500 TCD Factory).
A joint inspector committee, set up by the green tribunal under the central and the state pollution control board officials, had submitted a report on July 28, 2021, citing 10 points of violations and recommending action by the MPCB. The sugar factory then made a written submission stating that some of the deficiencies had been removed and some others were being removed.
In a subsequent inspection report filed by the MPCB on January 25 this year, it was stated that some of the deficiencies continue to exist. The factory was not regular in seeking renewal of consent to operate, it stated. The NGT took note of this MPCB report while passing the order for assessment and recovery of compensation.
The bench said, “An Effective Process of Treating Wastewater (ETP) needs to be stabilized prior to the crushing season. The MPCB may assess adequacy of such ETP and thereby ensure compliance with the consented standards based on the mode of disposal. There has to be well laid ferti-irrigation plan for maintaining good irrigation practices in the command area, to avoid flooding of the lands. The molasses need to be properly stored as per the guidelines to prevent soil and groundwater contamination and regular uptake by the distilleries.”
Lawyer Raghunath B Mahabal, who represented the sugar factory, told TOI, “We have conveyed to our clients the tribunal’s order, which, we feel, is fair in the context of assessment of compensation. As per the Polluter Pays principle, the MPCB will now have to inspect the site to precisely determine the extent of damage that may have been caused to groundwater. It will have to see if the discharge into the fields is within the permissible limits. It will have to weigh in other factors before arriving at any compensation figure.”
Mahabal said, “As of now, the question of preferring an appeal does not arise as we feel the NGT order is fair. It all depends on how and what compensation the MPCB determines as far as an appeal is concerned.”
“The amount (assessed &) recovered may be utilized for restoration of environment by preparing an action plan by the State PCB,” the bench headed by NGT chairperson Justice Adarsh Kumar Goel and comprising judicial member Justice Sudhir Agarwal, expert members Nagin Nanda, Vijay Kulkarni and Afroz Ahmed said in a recent order passed by way of a video conference proceeding.
In October 2020, Baramati lawyer Vikramsinh Patil and two others moved the NGT, on behalf of farmers having their fields around the sugar cooperative unit, alleging groundwater and air pollution caused by the factory and health hazards posed by the same.
The violations pointed out, among others, were failure to prevent discharge of untreated effluent, not having facility to store wastewater in storage tanks, not having an Online Continuous Effluent Monitoring System (OCEMS), not installing Condensing Polishing Unit (CPU) and storing molasses in pits instead of tanks, failure to obtain prior Consent to Operate and to comply with Environment Clearance condition with regard to installing wet scrubber system to boiler (3500 TCD Factory).
A joint inspector committee, set up by the green tribunal under the central and the state pollution control board officials, had submitted a report on July 28, 2021, citing 10 points of violations and recommending action by the MPCB. The sugar factory then made a written submission stating that some of the deficiencies had been removed and some others were being removed.
In a subsequent inspection report filed by the MPCB on January 25 this year, it was stated that some of the deficiencies continue to exist. The factory was not regular in seeking renewal of consent to operate, it stated. The NGT took note of this MPCB report while passing the order for assessment and recovery of compensation.
The bench said, “An Effective Process of Treating Wastewater (ETP) needs to be stabilized prior to the crushing season. The MPCB may assess adequacy of such ETP and thereby ensure compliance with the consented standards based on the mode of disposal. There has to be well laid ferti-irrigation plan for maintaining good irrigation practices in the command area, to avoid flooding of the lands. The molasses need to be properly stored as per the guidelines to prevent soil and groundwater contamination and regular uptake by the distilleries.”
Lawyer Raghunath B Mahabal, who represented the sugar factory, told TOI, “We have conveyed to our clients the tribunal’s order, which, we feel, is fair in the context of assessment of compensation. As per the Polluter Pays principle, the MPCB will now have to inspect the site to precisely determine the extent of damage that may have been caused to groundwater. It will have to see if the discharge into the fields is within the permissible limits. It will have to weigh in other factors before arriving at any compensation figure.”
Mahabal said, “As of now, the question of preferring an appeal does not arise as we feel the NGT order is fair. It all depends on how and what compensation the MPCB determines as far as an appeal is concerned.”
