Order of the National Green Tribunal in the matter of Balotra Textile Hand Processors Association Vs Rajasthan State Pollution Control Board & Other dated 04/09/2019 regarding discharge of industrial effluents from 23 textile industries into the Luni river at Gandhipura, Balotra, District Barmer, Rajasthan.

The NGT had given directions to the Secretary, State Pollution Control Board to ensure that leakage of the effluent from the said industries should be immediately stopped. Apart from the aforesaid, another important fact which was revealed, during the course of hearing was that these 23 industries from where the effluent was being discharged in the river, were located at Gandhipura. It is not an industrial area and as such these industries are operating in a non-conforming area. Accordingly,

NGT had directed the Regional Manager, RIICO at Balotra to be present before the Tribunal on the next date of hearing along with the entire record with regard to the development of Phase IV Industrial Area of RIICO at Balotra. The Tribunal has been informed that out of 23 industrial units, only 8 units at Gandhipura have not been allotted plots in the Industrial Area, Phase-IV because they have never applied for the same. These 8 units are continuing to function in the nonconforming area despite of the fact that there was alternative site for the purpose of allotment of industrial plots for their units.

During the hearing it was also mentioned that in respect of these 23 industries at Gandhipura, litigation had also been initiated before the High Court of Rajasthan at Jodhpur and a order passed in March 9, 2004. The High Court order had directed RIICO to set up an industrial area for textile units, located at an appropriate distance from residential areas. The industrial area should be set up within a period of six months and the industries shifted. NGT in its order of September 4, 2019 expressed its unhappiness at the lack of action by the government, inspite of the order of High Court passed more than 15 years ago.

NGT directs the State PCB to revoke the consent to operate and permissions under the Air Act and Water Act to the industries functioning at Gandhipura and ensure that they do not function in non-conforming area anymore. The Regional Manager, RIICO at Balotra has to place before the Tribunal complete information and record with regard to another cluster of industries in nonconforming area operating at Bituja, on the next date of hearing.