Introduction

The case of Vinit Kumar v. Sir Shadilal Distillery & Chemical Works Pvt. Ltd. was adjudicated by the National Green Tribunal (NGT) on February 23, 2021. The principal bench, located in New Delhi, heard the application against allegations of environmental non-compliance by Sir Shadilal Distillery & Chemical Works Pvt. Ltd., operating in Mansurpur, District Muzaffarnagar, Uttar Pradesh.

The primary grievance raised by the applicant, Vinit Kumar, centered around the respondent's violation of environmental norms, specifically the breach of Environmental Clearance (EC) conditions mandating Zero Liquid Discharge (ZLD) and the establishment of a green belt. The distillery was found to be storing concentrated untreated spent wash illegally and discharging untreated effluents, directly impacting the surrounding environment and water bodies.

Summary of the Judgment

The NGT, upon reviewing detailed reports and inspections conducted by the Central and State Pollution Control Boards (CPCB and UPPCB respectively), found Sir Shadilal Distillery & Chemical Works Pvt. Ltd. in continuous violation of environmental regulations. Key findings included:

• Illegal storage of concentrated untreated spent wash in lagoons beyond permitted capacities.
• Discharge of untreated and colored effluents into drains, leading to contamination of the Kali River, a tributary of the Hindon River.
• Non-compliance with EC conditions requiring ZLD and the establishment of a green belt.
• Damage to bio-composting facilities and inadequate groundwater monitoring.

The Tribunal concluded that the distillery's non-compliance posed serious environmental threats and mandated the imposition of environmental compensation amounting to Rs. 32.40 Lakhs. Additionally, the NGT directed the closure of non-compliant units and stressed strict adherence to environmental norms before resumption of operations.

Analysis

Precedents Cited

While the Judgment does not explicitly reference specific prior cases, it is grounded in established environmental laws and principles, notably the Water (Prevention and Control of Pollution) Act, 1974 and the Environment (Protection) Act, 1986. These acts have been the cornerstone for similar judgments aimed at enforcing environmental compliance and penalizing violations.

The Tribunal’s decision aligns with precedents where industries have been held accountable for environmental degradation, reinforcing the judiciary's role in upholding environmental protection laws.

Legal Reasoning

The NGT’s legal reasoning was multifaceted, focusing on the non-compliance with specific conditions attached to the Environmental Clearance (EC) granted for the distillery's expansion. Key aspects of the legal reasoning included:

• Violation of ZLD Mandate: The Tribunal emphasized the statutory requirement of Zero Liquid Discharge, a critical condition to prevent environmental contamination. The distillery’s failure to adhere to ZLD resulted in the illegal discharge of untreated effluents.
• Environmental Impact: The discharge of high levels of Biological Oxygen Demand (BOD) and Chemical Oxygen Demand (COD) into the Mannurpur drain led to significant riverine pollution, affecting the Hindon River and, subsequently, the Ganges via the Yamuna.
• Failure to Comply with EC Conditions: Despite prior directives, the distillery did not comply with orders to install incineration boilers and ceased bio-composting, leading to excessive storage of spent wash.
• Polluter Pays Principle: The Tribunal invoked this principle to impose environmental compensation, ensuring that the polluter bears the cost of the environmental damage caused.

Impact

This Judgment underscores the judiciary's robust stance on environmental enforcement, particularly in industrial operations. The implications are significant for future cases:

• Strict Adherence to Environmental Norms: Industries will be compelled to strictly follow EC conditions and environmental norms to avoid similar penalties.
• Enhanced Monitoring and Compliance: Regulatory bodies may increase oversight and inspections to ensure compliance, reducing instances of environmental violations.
• Financial Implications: The imposition of substantial environmental compensation sets a precedent for financial deterrents against non-compliance.
• Legal Accountability: The case reinforces the legal accountability of industries towards environmental stewardship, promoting sustainable practices.

Complex Concepts Simplified

Zero Liquid Discharge (ZLD)

ZLD is an environmental management policy aimed at eliminating liquid waste by recovering almost all the wastewater generated from industrial processes, ensuring that no discharge reaches the environment. This is crucial in preventing water pollution and conserving water resources.

Biological Oxygen Demand (BOD) & Chemical Oxygen Demand (COD)

BOD: A measure of the amount of oxygen required by aerobic microorganisms to break down organic matter in water. High BOD indicates high levels of organic pollution, which can deplete oxygen in water bodies, harming aquatic life.

COD: Represents the amount of oxygen required to chemically oxidize organic and inorganic compounds in water. Elevated COD levels signify significant pollution, leading to environmental degradation.

Polluter Pays Principle

A principle where the party responsible for producing pollution is financially responsible for the damage done to the environment. This principle incentivizes industries to adopt environmentally friendly practices to avoid financial liabilities.

Environmental Clearance (EC)

An approval granted by the Ministry of Environment, Forest and Climate Change (MoEF&CC) in India, permitting projects that may have environmental impacts. EC conditions are specific requirements that industries must adhere to in order to minimize environmental harm.

Conclusion