The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to violations of environmental norms under the Environment Protection Act, 1986 by the Krishna Sahakari Sakkare Karkhane Niyamit (KSSKN) in Belgavi district in Karnataka, posing serious threat to groundwater.
The Petition is registered suo-moto on the basis of the news item dated 01.07.2024.
As per the news item, CPCB listed nine violations by the Krishna Sahakari Sakkare Karkhane Niyamit (KSSKN) and sought to know why the factory in Athani shouldn’t be shut down till compliance is achieved.
The news item further states that Sugar factories are among the 17 industries classified as “highly polluting”. The major violation identified by the CPCB was the factory diverting effluent to a lagoon instead of treating it in the effluent treatment plant. Around five acres were converted into a lagoon and filled with effluent, ash and press mud. Furthermore, the sample collected from the lagoon showed biochemical oxygen demand (BOD) at 976 mg per litre, Chemical Oxygen Demand (COD) at 2856 mg/litre and Total Dissolved Solids (TDS) at 2949 mg/litre. The TDS, BOD and COD of the effluent stored in the earthen lagoon exceed the treated effluent standards, posing a potential threat of groundwater contamination.
It is also alleged that one of the three bagasse boilers was monitored during the inspection. The emission results indicated that the PM (particulate matter) value was 6,843.28 mg per cubic metre against the limit prescribed by the KSPCB (150 mg per cubic metre).
The article also lists that the other violations included the failure to provide a designated storage area for hazardous waste, failure to maintain a log book of the quantity of used oil, fly ash, press mud, sludge/solids generated and non-operation of a flow meter to monitor the ETPS.
The news item raises substantial issue relating to compliance of provisions of Water (Prevention and Control of Pollution) Act, 1974 and the Environment Protection Act, 1986.
“Power of the Tribunal to take up the matter in suo-motu exercise of power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.”
Hence, Principal Bench of Justice Prakash Shrivastava, Justice Arun Kumar Tyagi , Dr. A. Senthil Vel and Dr. Afroz Ahmad impleaded the following as respondents in the matter:
1. Krishna Sahakari Sakkare Karkhane Niyamit, through its Chairman.
2. Karnataka State Pollution Control Board, through its Member Secretary.
3. Central Pollution Control Board.
4. Ministry of Environment, Forest and Climate Change.
5. Deputy Commissioner, Belgavi.
The Bench issued notice to the Respondents.
Since the matter relates to the Southern Zonal Bench, Chennai, therefore, the Bench transferred the matter to the Southern Zonal Bench for appropriate further action.Office is directed by the NGT to transfer the original record to the Southern Zonal Bench and the matter is listed on 23.09.2024.
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