Order of the National Green Tribunal in the matter of Sanjay Kumar Pal Vs State of Uttar Pradesh & Others dated 24/07/2023.

The issue raised in the application is violation of Water (Prevention and Control of Pollution) Act, 1974, Grievance of the applicant, Sanjay Kumar was against M/s. Obeetee Pvt. Ltd. who is running a carpet industry and dumping waste water including organic toxic substances in the agricultural land of the applicant at Araji no. 371, measuring area 0.895 hectare, situated in village Jauharpur, tehsil Gyanpur, district Sant Ravi Dass Nagar. It was submitted that continuous flow of contaminated water in the agricultural land has adversely affected the crops of the applicant and even the ground water level has risen because of water logging.

The report filed by the Uttar Pradesh Pollution Control Board, May 12, 2022 said that treated effluents was discharged through a drain and the drain ultimately meets in river Ganga after approximately 8 km. The District Agriculture Officer in its report, January 24, 2023 has submitted that the water discharge from the unit is treated and after treatment it is reused in low lying areas and also for agricultural purposes. And there was no damage to the crops.

The NGT, July 24, 2023 noted that the treated effluents of the industry (M/s Obeetee Pvt. Ltd) along with sewage and sullage of NPP Gopiganj, Bhadoi is being discharged through Jhiriya nala into river Ganga at Rampur Ghat. However, the Tribunal in O.A. No. 200/2014 relating to river Ganga rejuvenation had directed that no sewage and trade effluent be discharged into river Ganga or its tributaries. Further, the consent to operate (CTO) granted to M/s Obeetee Pvt. Ltd. on March 15, 2022 has not been very clear on consented mode of disposal of industrial effluent rather permitting it to discharge into the drain.

The court also pointed out that the UPPCB report had indicated there are other dying units which are discharging effluents into the drain. "To safeguard the agricultural fields from disposal of effluents will have to be properly examined and only agreed protocol and ferti-irrigation plan be followed," the NGT order said.

The NGT directed the Uttar Pradesh Pollution Control Board to file a report "giving justification on why industry is allowed to discharge trade effluents into drain which is joining river Ganga" amd status of other dying units discharging effluents into drain and sewage management and time plan by Nagar Palika Parishad (NPP), Gopiganj.