2011 PLP 1325 (CLD)

On the direction of District Officer (Environment) Multan Mr. Zulfiqar Ali Inspector submitted Site Inspection report dated 30-12-2005 that Environmental Pollution caused by the untreated and improper disposal of waste water of Multan Industrial Estate (In open land) is of acute and chronic nature and is damaging the environment, health and lives of people living in the area. Untreated waste (having parameters beyond NEQS) is damaging the aquatic life of River Chenab.

2. Site Inspection Report along with location map of the respondent unit was forwarded to the Director-General EPA, Punjab, Lahore on 30-12-2005 for taking appropriate immediate action to save the environment, health and lives of the people of the area.

3. The effluent sample of the respondent unit was collected by EPA Laboratory on 30-3-2005 and later the site was 'got inspected by DO(E) Multan on 29-12-2005. Prima facie it was made out through investigation/ laboratory analysis that:-- (i) No treatment facility is available either individually or collectively in the industrial estate. (ii) BO, COD, TSS and Sulfide exceed NEQS. (iii) Untreated effluents are being discharged: (a) In open lands near Basti Walvit. (b) Overflow near Chah Jhok Wala. (c) Into fresh water bodies i.e. Sikandarabad Canal and River Chenab. (iv) Untreated effluent is contaminating ground and surface water resources and spoiling the living environment of the area.

4. Notice for personal hearing dated 3-4-2006 was issued to Mr. Tahir Zaidi, President Board of Management, Multan Industrial Estate, Muzaffar Garh Bypass Road, Multan for 25-4-2006 which contains entire Waste Water Analysis Report reproduced above. Mr. Tahir Zaidi President BOM, MIE submitted his written reply citing therein that Multan Industrial Estate (MIE) was constructed by the Industrial Department and no planning for a treatment facility had been made. Furthermore, when Punjab Industrial Estate (PIE) took over (MIE) on 11-3-2004, the drainage and sewerage were also not functional. It is further stated in the reply that Environmental Impact Assessment (HA) of phase-I and phase-II has already been initiated which will be followed up by design and construction of Combined Effluent Treatment Plant (CETP) in partnership with Government for environmental compliance. Defence of the respondent submitted during hearing proceedings was rejected by the complainant Agency owing to persistency in pollution status. Consequently Environmental Protection Order dated 19-8-2006 was issued to the respondent wherein he was directed as under. Bring BOD, COD, TSS, Sulfide and Chrome and all other parameters within NEQS limits by adopting engineering solutions to save the public as well as Environment, according to satisfaction of this Agency within six months positively. Provide appropriate drainage system for disposal of effluent generated from your estate within six months. Refrain from discharging/leakage of effluent into the Canal immediately and disposal of sludge along the bank of canal. Plant maximum trees along the roadsides of the industrial estate and bound all your clients to ensure mass plantation within their premises.

5. Complainant Agency checked compliance of EPO on 23-2-2007 through District Officer (Environment) Multan. Mr. Zulfiqar Ali Inspector EPA Multan visited the site of respondent Industrial Estate only two days after expiry of mitigation period of six months and reported that the respondent has not complied with the directions given in the EPO. Hence the present complaint was filed on 23-5-2008.

6. The complaint proceeded at snail's pace due to non-service of the respondent for a considerable period, non-availability of the Chairperson for six months and non-filing of reply of the complaint. Reply was finally filed on 28-1-2010 along with four Paper Books, detailed below: (i) Evaluation report of Land and Builders, October, 2005. (ii) Environmental Impact Assessment of Phase I and Phase II of MIE, 21-7-2006. (iii) Upgradation of effluent disposal system of MIE, PC-I, September 2007. (iv) PC-I, Establishment of Combined Effluent Treatment Plant at Multan Industrial Estate (MIE), Final Report, November, 2007.

7. On 1-3-2010 arguments regarding maintainability of the complaint were heard and the case was adjourned for order. The Tribunal is of the view that due to charges of serious adverse environmental impacts the complaint is maintainable and is to be processed on merit. Yet while deciding the case the difference between private and public sector is to be kept in view.

8. Contrary to private sector, projects in public sector are usually huge, involve heavy financing and therefore require careful handling may include feasibility studies and approval of different departments. They also involve strict compliance of legal and codal formalities. There are so many stages from concievment of the project to its completion depending upon priorities of the government. Different government functionaries are interdependent and have certain limitations while working even in their own sphere of jurisdiction.

9. In instant case, which is a project in public sector, there are four directions in the EPO as detailed in Para No. 4 above. The paper hooks (as mentioned in Para No. 5 ante) submitted by the respondent reveal that he has completed his duties by resolving the problems of immediate nature which were within his capacity and control. Further he has completed the planning phase for long term actions involving other functionaries. He has prepared a PC-I of Rs.219,969 Million for the construction of Waste Water Treatment Plant and submitted it to the government for approval of funds for completion of the CETP which will lead to the compliance of rest of the directions of EPO regarding NEQS.

10. The complaint is therefore disposed of with the direction to the respondent to pursue the case with the government till its completion. H.B.T./23/ET Order accordingly.