Item No.

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BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)

Original Application No. 157/2023(CZ)

Kishan Lal & Anr. Applicant

Vs.

Madhya Pradesh Pollution Control Board & Ors. Respondents

Date of Hearing: 03.11.2023

CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER

HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER

For Applicant(s): Mr. Harshwardhan Tiwari, Adv.

For Respondent(s) : None.

ORDER

1. The issue raised in this application is discharge of industrial waste water

by M/s Agarwal Distilleries Pvt. Ltd. into the Padali river a tributary to

choral river which is a tributary of the Narmada River of Central India.

Moreover, it's pertinent to highlight that the Padali River runs parallel to a

protected forest reserve.

2. The said act of the M/s Agarwal Distilleries Pvt. Ltd. has also made the

water resources unfit for consumption, both by humans as well as by

animals. The agricultural activities in the nearby is becoming difficult to

carry as soil is becoming unfertile and agriculture and irrigation in the

nearby area is becoming harmful for health. The discharge of chemical

waste from the liquor factory exacts a toll not only on the village residents

but also endangers the lives of the fauna and flora that inhabit the area.

Additionally, the insidious effects of this environmental crisis pervade the

groundwater, contaminating the very source of life itself. The once-pure

aquifers, relied upon by humans and animals alike, have transformed into

reservoirs of poison, jeopardizing the health and well-being of the entire

ecosystem.

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3. Furthermore, their transgressions extend beyond merely discharging

chemical waste into the river; they brazenly channel it onto vacant

farmlands as well through carriers. Additionally, there arises a grave

concern regarding their water source for the liquor factory, with a looming

suspicion of illicitly drawing groundwater more than the authorized limit.

4. On August 26, 2022, M/s Agarwal Distilleries Pvt. Ltd. Callously unleashed

a substantial deluge of chemical waste into the pristine waters of the Padali

River. This reckless discharge swiftly culminated in a catastrophic loss, as

a significant population of fish found themselves ensnared in this toxic

maelstrom. The river, once a thriving ecosystem, was transformed into a

graveyard for countless aquatic creatures. This egregious act not only

inflicted immeasurable harm upon the environment but also sounded a

dire warning about the consequences of environmental irresponsibility,

demanding swift and resolute action to rectify the grievous damage inflicted

upon this vital natural resource.

5. Tragically, the environmental catastrophe of August 26, 2022, was not an

isolated incident. M/s Agarwal Distilleries Pvt. Ltd. persists in its illegal

activities, as evidenced by the tragic event on 5th-6th September, 2023,

wherein a large quantity of fish perished due to the company's continued

misconduct. Their brazen actions demonstrate a flagrant disregard for the

environment, reflecting an alarming trend of impunity. That, due to failure

of State authorities in keeping check on the activities of the respondent no.

8 on 26.08.2022, the major incident took place to the effect that the

fermentation tank was leaked and on account of such leakage of

fermentation tank around 1000 to 1200 liter harmful liquid waste came out

of the fermentation tank and the same was mixed with the river water of

the river Padali.

6. A substantial issue of environment has been raised.

7. Issue notice to the respondents, returnable within four weeks. Respondents

are directed to submit their reply within six weeks through E-filing portal,

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 preferably in the form of searchable PDF/ OCR Support PDF and not in the

form of Image PDF.

8. Applicant is directed to take necessary steps for service to the respondents

by both ways and also on available email.

9. We deem it just and proper to call a report on the matter in issue in present

Original Application, from a Joint Committee consisting of:-

i. One representative from Central Pollution Control

Board, (M.P.).
ii. One representative from MoEF&CC
iii. Divisional Forest Officer, Khargone (M.P.)
iv. One representative from Madhya Pradesh Pollution
Control Board

10. The Committee is directed to visit the place and submit the factual and

action taken report within six weeks. The State PCB will be the nodal

agency for coordination and logistic support.

11. Applicant is directed to supply the copy of the application and relevant

documents to the Committee and Respondent(s) within a week and after

compliance of service, the applicant has to submit an affidavit that the

notice and copy of the application have been served upon the Committee

and respondent(s).

12. The report in the matter be filed by the Committee through email at

ngtczbbho-mp@gov.in preferably in the form of searchable PDF/OCR

Support PDF and not in the form of Image PDF.

List it on 16th January, 2024.

Sheo Kumar Singh, JM

Dr. A. Senthil Vel, EM

03rd November, 2023

O.A. No. 157/2023 (CZ)
PN