Order of the National Green Tribunal in the matter of M/s N.G. Textiles Vs. Uttar Pradesh Pollution Control Board dated 05/09/2018. This appeal has been preferred against the order of the Uttar Pradesh Pollution Control Board dated 03.08.2018, directing the appellant to close the industrial process of the industry. The impugned order states that sample of effluent was collected at the time of inspection by a Joint Committee and the sample was found to be having mercury beyond the prescribed limit. According to the appellant, no mercury is used, as such, in its activities. The appellant was not given opportunity to establish that no mercury was used in any process. The appellant was using the ground water for its industrial process in absence of regular water supply.

NGT notes that 71 persons had died from cancer and more than 1000 persons have been affected on account of discharge of mercury in the area in question and had prohibited extraction of any contaminated ground water. Also the appellant does not have any NOC from the Central Ground Water Authority which is a condition precedent for grant of consent. The appellant is a red category industry. The Ghaziabad area is a ‘critical area’ in terms of availability of ground water and no ground water can be extracted for industrial or commercial purposes as per declared policy of CGWA. The Court dismissed the appeal and says there is no ground to interfere with the closure of the appellant unit.