Maintaining that it is the corporate social responsibility of the industries to ensure there is no environmental pollution as a result of their activities, the National Green Tribunal on Thursday imposed a penalty of Rs.5 crore on the Simbhaoli Sugar Mills and Distillery, which it termed “direct source of polluting the river Ganga”, under the “polluter pays principle”.
The Tribunal also slapped a fine of Rs.25 lakh on Gopaljee Dairy for discharging untreated effluents into the Simbhaoli drain.
“For restoration and restitution of the degraded and damaged environment and for causing pollution of different water bodies, particularly the river Ganga, directly or indirectly, resulting from its business activities carried on for a long period in the past, we direct the unit to pay a compensation of Rs.5 crore to the Uttar Pradesh Pollution Control Board (UPPCB) within one month...,” NGT bench headed by chairperson Swatanter Kumar said.
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The court passed the order on a petition filed by environment activist Krishan Kant Singh and Social Action for Forest & Environment (SAFE) through its president Vikrant Tongad.
The petitioners had highlighted how Simbhaoli sugar mill, established in 1933 and operating three sugar mills and three distilleries in Uttar Pradesh’s Ghaziabad district, had been discharging effluents into the Phuldera drain that travels along with the Syana escape canal which finally joins the Ganga.
“This unit is responsible for causing great environmental pollution of different water bodies including the Phuldera drain, the Syana escape canal, the river Ganga and even the groundwater in and around the area of this industrial unit. Besides scientific data of inspection by experts, officers of the Pollution Control Board, analysis report and the fact that the water in the Phuldera drain had turned brown, even to the naked eye, demonstrates the extent of pollution caused by this unit,” the order said.
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“Considering the magnitude of the pollution caused by the unit, its capacity and prosperity, responsibility of the unit to pay compensation cannot be disputed on any plausible cause or ground,” the Tribunal said in its order while deprecating the conduct of the unit.
Expressing its displeasure over the conduct of the unit over such a long period, the Tribunal further said: “Such industries, which had been making profit for all these years are expected to obey the law without demur and delay. Every unit is expected to aid the State in discharge of its Constitutional obligations, to provide clean and decent environment to the citizenry.”
It noted that the Simbhaoli mills had displayed “complete disregard towards law and its statutory obligations” when it intentionally failed to take anti-pollution measures in its units. It added: “Right to carry on business cannot be permitted to be misused or to pollute the environment”.
It was noted that despite closure orders passed by a special court in 1986, the unit operated without consent of the Boards from 1974 till the year 1991, thereafter, it committed default in compliance of the conditions of the consent right up to the year 2000. The effluent containing molasses which was being stored in the lagoons were getting washed away because of overflowing, resulting from floods and, in turn, polluted the ground water.
After examining the affidavits of the UPPCB and the reports of the expert team, the Tribunal was convinced that the Simbhaoli sugar mills are responsible for causing great environmental pollution of different water bodies including the Phuldera drain, the Syana escape canal, the river Ganga and even the groundwater in and around the area of this industrial unit.