Lakhwinder Singh vs State of Punjab

The issue for consideration is action to be taken for violation of environmental norms by M/s K.R.B.L. Ltd., Bhasaur, Tehsil Dhuri, District Sangrur, Punjab, manufacturing rice, rice bran oil, furfural and other related products.

The matter was earlier considered on 05.02.2020 in the light of the report of State PCB that the ground water was contaminated. It had several organic compounds. There was high BOD, COD and TDS and other components. It was recommended that further analysis should be done and remedial action taken. Accordingly, the Tribunal directed further independent examination and required report from the joint Committee comprising CPCB and State PCB.

The matter was then considered on 27.07.2020 in the light of report of the joint Committee of CPCB and the State PCB dated 22.05.2020 finding deficiencies in working of the ETP and recommending remedial action. The Tribunal found that the unit was violating environmental norms which were required to be stopped. It was found that the stand of the State PCB to the extent it was in conflict with the stand of CPCB could not be accepted. The operative part of the order is reproduced below:-

“1&2…xxx……………………………xxx……………………………….xxx

The joint Committee has given its report dated 22.05.2020. The report has found various deficiencies in the working of the ETP. The parameters at the outlet are not complying with the laid down quality. The observation are:-

“6. The treated effluent from aerobic system goes to filter media system, leading to Clear Water Tank. The BOD of this effluent is 39 mg/1 and COD 89 mg/ 1. This reduction in BOD and COD is due to mixing of effluents pumped directly from Cooling Towers blow down and D.M. Plant rejects having BOD of 2 mg/1 and COD of 10 mg/1 with high TDS of 1500 mg/ 1.

The treated process effluent in ETP having BOD level of 355 mg/1 and COD level of 737 mg/1 when mixed with pumped effluent of Cooling Towers and D.M. rejects having BOD of 2 mg/1 and COD of 10 mg/1 brought down the final discharge at BOD level of 39 mg/land COD of 89 mg/l. It means Cooling Tower blow down and D.M. reject effluents have diluted BOD and COD several times, which appears to be an attempt to achieve compliance of standards. There are no flow meters installed for these categories of effluents separately to know effluent quantity (totalizer) and instant flow (kl/hr.).

Further, in absence of properly designed pipe network, the effluent utilization on land remains far from satisfactory as no monitoring system could be in place. The ground water samples analysis (Table:2) is indicating presence of organic compounds in the tube wells of Mr. Jagtar Singh. Although out of eight ground water samples drawn from seven tube wells and one piezometer well, only three tube wells water exhibited traces of Biochemical Oxygen Demand (BOD) and Chemical Oxygen Demand (COD). This suggests that impact on ground water quality is emerging due to effluent disposal on land.

Ground Water samples (Plate 1) were taken from the tube well of the industry, which draws water for their use and from the tube wells of the farmers in the vicinity of industry premises (near land application) and also at longer distances, including one near petrol pump which is a farthest point from industry premises. The analysis of ground water samples is given in Table 2. The sample of tube well of industry has shown TDS of 495 mg/1 and does not have any BOD and COD. Thus, it is fit for drinking purpose as TDS is below desired standards of less than 500 mg/ 1.

This may also be referred the Central Ground Water Board report (2013) which finds mentioned of depleting water resources in the district of Sangrur, Punjab. The report finds that groundwater is over exploited and depleting at 0.65 meter per annum (averaging over 10 years) in the region.

The analytical results of ground water samples, drawn from tube well installed at KRBL residential colony (being used for regular drinking water supply) and piezometer well installed at plantation area, (being used for disposal of effluent) are indicating concentration of Nitrate (as Nitrogen) of 0.5 mg/1 to 3.5 mg/1 respectively. The maximum Nitrate (as Nitrogen) concentration of 4.9 mg/lin ground water found at tube well of Mr. Jagtar Singh (near land application). The variation (BDL to 4. 9 mg/1 and averaging of 1.9 mg/1) in Nitrate concentration across ground water is estimated to be large given the geo distances among the tube wells and, also no other discharge in vicinity.

The water quality of tube wells of Mr. Jagar Singh and Mr. Jagtar Singh near the industry premises, have shown presence of BOD and /or COD, which indicate organic contamination and high level of TDS ranging between 804 mg/1 and 844 mg/1, which is much above the desired standards of TDS. Other tube wells, which are at farther distance, owned by Mr. Maggher Singh, Mr. Amar Singh and near Petrol Pump do not contain BOD and COD and having TDS around 500 mg/1 or less, thus fit for drinking purpose.

Further, concentration of Total Dissolved Solids (TDS) in ground water samples of tube wells of Mr. Jagtar Singh and Mr. Jagrail Singh found 604 mg/1 to 1114 mg/1 respectively and considerably higher than adjoining tube well samples where concentration of TDS lies below 500 mg/ 1. Although, the concentration of TDS in ground water found to be within the normal range of natural course yet impact of unscientific effluent disposal on land, resulted in percolation reaching ground water aquifer, could not be ruled out.”

The matter was last considered on 02.07.2021 in light of further reports of non-compliance. The Tribunal directed remedial action. Operative part of the order is reproduced below:-

“5. From the above it is seen that the unit is still non-compliant. While compliance is required to be ensured, the unit cannot be allowed to continue till compliance. The State PCB has to perform its statutory obligation to close the unit as per law till compliances are ensured. For the past violations, accountability has to be fixed in terms of compensation which needs to be assessed, as per applicable norms in accordance with law. Needless to say, if the State PCB continues inaction against violations, Chairman PCB will be liable to be personally held accountable for failure of statutory duties by way of coercive measures.

Let  the  joint  Committee  file  a  report  about  the  status  of compliance as on 31.08.2021 before the next date by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. The report may also include adequacy of command area to be utilised for treated effluents, whether standards are met and adequacy of management during rainy season when effluents are not required and status of reject management and utilisation of permeates.”

Our attention has been drawn to order dated 13.07.2021 passed by the Hon’ble Supreme Court in Civil Appeal Diary No(s) 15188/2021 as follows:-

“Permission to file Appeals is granted.

Issue notice returnable within four weeks.

In the meantime, parties are directed to maintain status quo, as it exists today.”

In view of order of above, it is not considered appropriate to pass any further order except that the directions of this Tribunal be treated as final, subject to the decision of the Hon’ble Supreme Court.

The application is disposed of accordingly.