Order of the National Green Tribunal in the matter of Vinit Kumar Vs DSM Sugar Mills Ltd. & Others dated 11/02/2022.

Grievance in the application is against causing of pollution by DSM Sugar Mills Ltd., operating in Mansurpur, Muzaffarnagar, Uttar Pradesh in violation of environmental norms. Violations include untreated industrial effluent being discharged into the storm drain/nullah and Gram Sabha pond, and eventually into the river Kali, in violation of the Water (Prevention and Control of Pollution) Act, 1974 and Environment (Protection) Act, 1986 absence of safeguards in storing hazardous chemicals and scrap, not having flow meter for water discharged for irrigation, inadequate treatment of effluent, not having enclosures to reduce noise, exceeding consented capacity.

On verification by statutory regulators, these violations were found in the report, June 29, 2021 which led to direction of the Tribunal for remedial action. Some of the violations have persisted even after directions of the court, as found in the report, December 12, 2021. The applicant has raised objections to the adequacy of remedial action and compensation assessed while the project proponent claims compliance and disputed the report, December 31, 2021.

The NGT, February 11, 2022 directed DSM Sugar Mills, Mansurpur to pay Rs. 5 crores on polluter pays principle for restoration of the environment.

The Uttar Pradesh Pollution Control Board would look into the adequacy of green belt, having regard to locations of the ETPs outside the premises of the project proponent, having regard to locations of the ETPs outside the premises of the PP and the retrofitting of acoustic enclosures at appropriate locations which have potential of pollution. The amount has to be deposited with the CPCB within two months to be utilized as per action plan, execution of which may be overseen by the joint Committee in association with the PP and other stakeholders in the area, the NGT order said.