The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to widespread fish mortality at Velsao Bay and the brackish rivulet in Goa, with the fishing community claiming the reason for discharge of untreated effluents into the Arabian Sea.
The Petition is registered suo-moto on the basis of the news item dated 26.05.2024.
As per the article, the alleged cause of the fish mortality is the discharge of untreated industrial effluents from a Private Limited into the Arabian Sea and a nearby rivulet resulting in widespread fish mortality.
The news item highlights that the impact of this ecological disaster extends beyond just economic loss. Fresh fish, a local delicacy and a vital source of sustenance, is now in short supply, affecting not only the livelihoods of the fishing community, but also the large village population, who rely on fishing.
The article further alleges that every year effluents are released into the water. The waste is accumulated near the factory wall inside the plant. When it rains, the effluent drains through the pipes into the rivulet and the sea. Pipes have been laid for the effluents to seep into the sea, which has been taking place for many years and this has resulted in fish mortality.
As per the news item, fishermen have suffered losses in crores of rupees. The Poiem (rivulet), which was brimming with fish, now has dead fish. There are neither fish nor crabs in this river. It has led to the contamination of the river, turning it into a dead water body devoid of any living organisms like fish and crabs. There is also a potential health risk for migrants who may consume the dead fish, unaware of the implications of the pollution.
The above matter indicated Bench violation of the provisions of the Water (Prevention and Control of Pollution) Act, 1974, the Environment Protection Act, 1986, and the Solid Waste Management Rules, 2016.
The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.
“Power of the Tribunal to take up the matter in suo-motu exercise of power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.”
Hence, Principal Bench of Justice Prakash Shrivastava, Justice Arun Kumar Tyagi and Dr. A. Senthil Vel impleaded the following as respondents in the matter:
i. Goa State Pollution Control Board, Through its Member Secretary.
ii. Central Pollution Control Board, Through its Member Secretary.
iii. Ministry of Environment, Forest and Climate Change.
iv. District Magistrate, South Goa.
The Bench issued notice to the Respondents.
Since the matter relates to the Western Zonal Bench, Pune , therefore, the Bench transferred the matter to the Western Zonal Bench for appropriate further action.Office is directed by the NGT to transfer the original record to the Western Zonal Bench and the matter is listed on 05.09.2024.