BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Application No.395 of 2013 (SZ) (THC)
(W.P.(C) No.149947 of 2012, High Court of Kerala, Ernakulam)
Applicant(s)
Respondent(s)
Suo motu proceedings initiated based
On the representation received from
Justice R.Bhaskaran, Former Judge
Vs. 1. State of Kerala, rep. by its Chief
Secretary, Thiruvananthapuram
2.The Secretary, Local Self Government
Department, Government of Kerala,
Thiruvananthapuram
3.The Secretary, Health and Family
Welfare Department, Government
of Kerala, Thiruvananthapuram.
4.The Secretary, Forest and Wild Life
Department, Government of Kerala,
Thiruvananthapuram.
5. The Union of India, rep. by the
Ministry of Environment and Forests
New Delhi
6. The Centre for Water Resources
Development and Management, Kozhikode
Legal Practitioners for Applicant(s)
Legal practitioners for respondent(s)
Smt. C. Sangamithirai, for R-5
Smt. Suvitha A.S., for R-1 to R-4 & R7
Mr.George Zachariah for R6
Mr.Ajay, Senior Counsel
Smt.Rema Smrithi for R8
M.A.No.137 of 2015
Applicant/ Proposed Party
A. Muhammed Ali
Counsel for the proposed party
Respondents
Shibu Maneul & others
M/s.K.K. Ashkar, S. Muthuvairam
in Application No. 396 of 2013 (SZ) (THC)
(W.P (C) No. 30123 of 2007, High Court of Kerala, Ernakulam)
Applicant(s)
Respondent(s)
Shibu Manuel, Secretary, Green Action
Force, Ward-17, residing at Thaiparambil
House, Udyogamandal, Eloor South
Pin 683501, Kerala
1) The Government of India
rep by its Secretary, MoEF,
New Delhi
2) The State of Kerala,
Ministry of Environment
rep by its Secretary,
Thiruvananthapuram.
3) The District Collector, Ernakulam
4) The Secretary, Kerala Pollution
Control Board, Thiruvananthapuram
5) The Eloor Grama Panchayath,
rep by its Secretary, Eloor
6) The Hindustan Insecticides Ltd,
Udayogamandal-683 501
Eloor rep by its Managing Director
7) The Fertilisers and Chemicals
Travancore Ltd, Udyogamandal
Division, Udyogamandal – 683 501,
rep by its Chief Managing Director
8) M/s. Merchem Ltd.,
Udyogamandal 683 501,
Eloor Rep by its Chief
Managing Director
9) National Institute for
Interdisciplinary Science
and Technology (NIIST),
Thiruvananthapuram rep
By its Director
10) M/s. Cochin Minerals and
Routiles Ltd, Edayar,
Aluva – 683 502 Kerala Rep by
its Managing Director
Legal Practitioners for Applicant(s)
M/s. A.X. Varghese and others
Legal practitioners for respondent(s)
Smt. C. Sangamithirai, for R-1
Smt. Suvitha A.S., for R-2 & R-3
Shri M. Ajay for R4
Mr.S.P.Chaly for R5
M/s.Gopinath Menon for R6,R7, R8 & R10
Mr.T.Ravikumar for R9
Note of the
Orders of the Tribunal
Registry
Order No.
Date: 7th September, 2015
We have heard the learned counsel appearing for the applicant
as well as respondents, at length.
The Member Secretary of the
Kerala State Pollution Control Board is present in the Tribunal and
she has explained to some of the queries raised by this Tribunal.
An affidavit has also been filed along with various documents
relating to the comparative table of analytical report.
However, we
find that these reports are relating to the year 2012.
Even in those
reports, a comparative analysis by the Board shows the traces of
endosulfun and other materials which are banned are beyond the
prescribed limit.
It is also seen that in the analysis report of River
Periyar conducted in June 2015 at Eloor in respect of various units
which are red category, the presence of metallic components are
more than the prescribed limit.
The Member Secretary would
submit that as per the direction of Central Pollution Control Board,
steps are being taken for the purpose of having ‘online monitoring
system’.
In fact, to some extent regarding the functioning of
monitoring system,
the question is as to whether the Board is
justified in finding out the presence of metallic components in water
without directing remedial measures by the project proponents.
It is also brought to the notice of this Tribunal by the learned
counsel appearing for the Kerala State Pollution Control Board that
the report filed by the 9th respondent earlier showing presence of
enormous metallic component in water has been withdrawn and
there has been some mistake committed in arriving at the conclusion
regarding analytical report.
On the other hand, the other reports show that there are no
polluted material in the water and in such circumstances, we are of
the view that the nature of water as on date in the outlet of at least
four respondent units must be analysed afresh by an Independent
Agency for passing appropriate orders.
Accordingly, we direct National Environmental Engineering
Research Institute (NEERI), Nagpur to take samples from the outlet
of
the
6th
Respondent
viz.,
Hindustan
Insecticides
Ltd.
,
Udyogmandal, Eloor, Respondent No.7 viz., The Fertilizers and
Chemicals Travancore Ltd. , Udyogamandal., Respondent No.8,
viz., Merchem Limited, Eloor East, Udyogamandal and Respondent
No.10 vz., Cochin Minerals and Routiles Ltd. Edayar, Aluva and
submit analysis report subject to the Terms Of Reference (TOR).
The Terms of Reference is annexed with this order.
The reports shall be filed by NEERI within one month from the
date of receipt of the copy of this order.
The expenses relating to
the sampling have to be shared equally by all the said four
respondents.
We make it very clear that the analysis shall be done
only by NEERI Headquarters and not by any other agencies who are
delegated by it.
1. A copy of the order shall be forwarded to NEERI, Nagpur. While
NEERI conducts enquiry, the CPCB and State Pollution Control
Board as well as 4th respondent who are the Project Proponent shall
extend all necessary help to the said Organisation for the effective
analysis.
2.
The sampling shall be done in the presence of the applicant as
well as Pollution Control Board and all the stake holders.
Post these applications on 15.10.2015.
Prof.Dr. R. Nagendran
(Expert Member)
Justice Dr.P.Jyothimani
(Judicial Member)
Application No. 396/2013
Terms of Reference
1. The study has to be carried out in respect of the following FOUR industries located in the
State of Kerala.
a. Hindustan Insecticides Ltd.(HIL)
Udyogamandal -683 501, Eloor, Kerala
b. Fertilisers and Chemicals Travancore Ltd (FACT)
Udyogamandal Division,
Udyogamandal-683 501
c. Merchem Ltd
Udyogamandal-683 501
Eloor.
d. Cochin Minerals and Routiles Ltd. (CMRL)
IDA, Edayar, Muppathadom P.O,
Aluva, Kerala 683502
2. The Study team to make a detailed ‘walk through’ survey at the above industries and
record the following:
a. Inventory of all the Products manufactured
b. Inventory of all the Raw materials used
c. Process flow chart including the potential points and /or sources of generation of
liquid, solid and gaseous pollutants/ wastes
d. Quantities of liquid, solid and gaseous pollutants/ wastes generated per day, as per the
records maintained by the industry
e. Effluent and Sewage treatment facilities provided in the industry and their adequacy
and efficiency based on the records maintained by the industry and the critical
observations recorded by the team
f. Observations on the storage of hazardous waste, if any and their visible impacts on
the surroundings
g. Disposal method(s) and Discharge point(s) of treated effluent and sewage
h. If the treated effluent and sewage are discharged in a water body or water course, a
brief description of the type and morphological features of the receiving zone (E.g.,
flow pattern, width, depth etc.)
3. Sampling
The following samples are to be collected following standard methods:
a. Composite treated industrial effluent at the final discharge point(s)
b. Water samples from the receiving water body at the following points: 1000 m and
500 m upstream and 500 m and 1000 m downstream from the final discharge point(s)
of the treated effluent
c. Sediment samples from the receiving water body at the following points: Final
discharge point of the treated effluent, 500 m and 1000 m downstream from the final
discharge point(s) of the treated effluent
4. Analysis
a. General
Physico – chemical analysis for the following parameters is to be carried out
employing standard methods in samples collected from all the four industries:
pH, EC, Turbidity, TDS,SS, BOD,COD, Oil & Grease, acidity, alkalinity, Nitrate,
Ammonia , TKN, phosphate, Chloride, sulphate, and Bio Assay test.
b. Industry specific
i. Hindustan Insecticides Ltd.(HIL)
DDT, Monocrotophos, Endosulphan , Organic halides (AOX), Mancozeb (the
product details may be obtained from the unit), Butachlor, Dicofol, Pb, Cd, As Cr,
Cu, Ni, Hg, Zn, any other if found relevant during the survey.
ii. Fertilisers and Chemicals Travancore Ltd (FACT)
Caprolactam
iii. Cochin Minerals and Routiles Ltd (CMRL)
Fe 2+, Fe 3+
iv. Merchem Ltd.
O‐O’ Dibenzamidodiphenyldisulfide (This is the active ingredient of their product
and is a known to be toxic to aquatic forms)
Zinc dibenzyldithiocarbamate (This is the active ingredient of their product
and is a known to be toxic to aquatic forms)
Phenol (styrenated)
Prof.Dr. R. Nagendran
(Expert Member)
Justice Dr.P.Jyothimani
(Judicial Member)