Relying on the "polluter pays" principle, a bench headed by NGT Chairperson Justice Swatanter Kumar directed the sugar mill to deposit the money with Uttar Pradesh Pollution Control Board (UPPCB) which would be spent for preventing ground water pollution.
"There is ample documentary evidence in the form of affidavits, inspection reports and analysis reports to show that Simbhaoli Sugar Mills is not only been a source of continuous pollution particularly surface and ground water but also failed to take precautions of its own accord and even in terms of the directions issued by the respective Board from time to time.
"We fix a compensation of Rs five crore which shall be deposited with the UPPCB and shall be spent for that purpose alone by and joint team of Central Pollution Control Board (CPCB) and UPPCB, including for removal of sludge and all pollutants in the Syana Escape Canal till it joins river Ganga. This amount shall also be used for preventing ground water pollution," the bench said.
The Tribunal also directed Gopalji Milk Food and Pvt Ltd to pay Rs 25 lakh as environment restitution costs for causing ground and surface water pollution in and around its premises leading to river Ganga.     

It also ordered the unit to install online monitoring system for relevant parameters of treated effluent discharge as agreed by UPPCB with real time data transmission facility to UPPCB within three months.

The order of the tribunal came on a petition filed by UP resident Krishan Kant Singh and NGO SAFE, contending that the stretch of Ganga from Garmukteshwar to Narora was being polluted due to discharge of highly toxic and harmful effluents by the sugar mill as well as the dairy firm.
The petition, filed through advocate Rahul Choudhury, had also said that the effluents released into the river were not only contaminating the water but also threatening endangered aquatic species like dolphins and turtles.
It had also stated that according to a report prepared last year after testing the waters of the river, the levels of effluents like solid suspended matter, oil, grease and others
were way above the permissible norms.
Singh in his petition had also alleged that the ground water in the areas surrounding the sugar mills and the dairy firm have been contaminated due to their discharge.

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