Justice V.R. Kingaonkar (Judicial Member) & Dr. Ajay A. Deshpande (Expert Member) of the Western Bench (Pune) of the National Green Tribunal have ordered deposit of Rs 25 lakh by Jubilant Industries (Nira) in the Pune district of Maharashtra to be paid as compensation to farmers for loss of income, if any, on the ‘principle of polluter pays’ for pollution of water-bodies including river Nira.
This was in the judgement in the case of Janardan Pharande and others versus MoEF, Jubilant Industries and others (Application no. 07(THC)/2014(WZ) on dated 16th May, 2014. The Tribunal observed that ‘there is reliable evidence to draw inference about continuation of
Pollution caused to water of ‘Nira’ river as a result of discharging of Industrial effluent/spent wash by Jubilant Industry.’
Main directions of the Tribunal are :
Jubilant Industries at Nira shall not discharge effluents of the Distillery/spent wash of the Industry in Buvasaheb Nala and Saloba Nala or any part of the River ‘Nira’.
The recommendations of ‘NEERI’ and CGWB (Central Ground Water Board) referred too in the judgement shall be complied with by Jubilant Industries at Nira which shall be regularly monitored by the MPCB (Maharashtra Pollution Control Board).
A Committee, as suggested in the judgement, shall evaluate loss caused to the agriculturists, if any, due to discharging of industrial effluents in the water of River ‘Nira’ and this shall be compensated from tentative deposit of Rs.25 lakh in the office of the Collector, Pune by Jubilant Industries.
Jubilant Industries shall also pay Rs.20,000 to the Applicants as costs of the Application.
EIA Resource and Response Centre (ERC)
SOURCE : http://www.ercindia.org/index.php/latest-updates/latest-ngt/1085-ngt-orders-jubilant-industries-nira-in-maharashtra-to-deposit-rs-25-lakh-for-compensation-to-farmers