NGT takes Suo Motu cognizance of release of unrelated industrial effluents into water bodies

The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to the release of untreated industrial effluents into the water bodies including Phalguni river in Thokur near Surathkal on the outskirts of Mangaluru (Karnataka).

The Petition is registered suo-moto on the basis of the news item dated 04.03.2024.

As per the article, industrial units operating in Baikampady industrial area have been polluting Thokur stream and the Phalguni river by discharging pollutrd untreated industrial waste water. 

The article states that NGT has also issued a notice to Dakshina Kannada district administration on the said issue.   

The article further states that palm oil, fish mill and other industrial units continue to pollute Thokur stream and Patanjali Foods Ruchi Soya company was caught red-handed while releasing chemical effluents. 

As a result, the Thokur stream is once again polluted and the water has turned black. The article alleges that the locals are affected by the petrochemical smell in the area. 

As per the article, it was found that industrial effluents were released from the location of Coke Sulphur unit of the Mangalore Refinery and Petrochemicals Limited (MRPL) into Thokur stream.

The above news item indicated the Bench violation of the Water (Prevention and Control of Pollution) Act, 1974 and the provisions of Environment Protection Act, 1986.

The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.  

“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 and Dr. A Senthil Vel impleaded the following as respondents in the matter:

(i) Karnataka State Pollution Control Board (KSPCB), through its Member Secretary. 

(ii) Central Pollution Control Board (CPCB), through its Member Secretary.

(iii) Deputy Commissioner/District Magistrate, Dakshina Kannada.

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 26.07.2024.

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