n a major boost to river conservation efforts in Thane district, the National Green Tribunal’s order imposing hefty fines on polluters — including government agencies and industries — of the Ulhas and Waldhuni rivers, will remain effective. Earlier, a Bombay High Court order had put a stay on the NGT judgement. Now, the Supreme Court has stayed the Bombay HC order. “This is the best gift a river can get on Earth Day,” said Stalin D of Vanashakti.
Vanashakti, a Mumbai-based NGO, had moved the Western Zone bench of NGT in Pune in 2013, stating that chemical effluent treatment plants (CETPs) in the Dombivli-Ambernath MIDC were not working properly and that untreated chemical effluents from various industries were being directly released into the Ulhas river. Vanashakti had asked the NGT to instruct the state government to take stern action against polluters.
In July 2015, the NGT issued an order which said, “The actions taken by Maharashtra Pollution Control Board (MPCB) are related to closure and opening directions to some industries, which have not resulted into any substantial improvements in the CETP performance. Further, MPCB has also failed to ensure that the MIDC provides the necessary effluent disposal system in a time-bound manner. We could not locate any action plan for either Ulhas or Waldhuni river pollution control, prepared by MPCB, as mandated under Section 17 of the Water (Prevention and Control of Pollution) Act, 1974.” It further stated that it was at pains to note the action, or rather inaction, of the Central Pollution Control Board (CPCB) and the MPCB when it came to preventing and controlling water pollution in the industrial area, despite it being officially notified as ‘critically polluted.’ It blamed the industrial units for the magnitude of the pollution, and said that since they had the capacity to pay compensation and the responsibility to do so.
The NGT order placed the responsibility for river conservation work with the divisional commissioner, who heads the entire revenue division. A fund was to be created, with contributions from industries and government agencies, to be used for conservation work. [see box]
Several government bodies petitioned the Bombay HC against the NGT’s order, and it was stayed. Vanashakti then went to the SC, challenging the Bombay HC’s decisions to admit the petition.
Stalin D of Vanashakti said, “Our contention was that the petition is not maintainable in Bombay High Court since a legal remedy to challenge NGT judgement is available.
Those aggrieved by the judgement should have either filed a review application at NGT or challenged it at the Supreme Court, as per the provisions of the NGT Act.”
On April 18, a Division Bench of the Supreme Court, comprising Justices Pinaki Chandra Ghose and Amitava Roy, stayed the orders passed by Bombay High Court.
Several government bodies, petitioned
the Bombay High Court against the NGT’s order
