Shailesh Singh vs M/s Al-Dua Food Processing Pvt. Ltd. & Ors

This application seeks execution of order of this Tribunal dated 26.9.2019, in EA No. 58/2018 in OA No. 348/2017, Shailesh Singh vs. M/s Al-Dua Food Processing Pvt. Ltd. & Ors. The matter considered by this Tribunal in the main OA was compliance of environmental norms by M/s Al-Dua Food Processing Pvt. Ltd., District Aligarh, in operating slaughtering activities.

Finding that the unit had failed to comply with the norms of discharge of effluents, the Tribunal directed compliance of norms and fixing of compensation for the past violation on ‘Polluter Pays’ principle by the State PCB. Operative part of the order dated 26.9.2019 is reproduced below:

“ xxx ……………………………………xxx……………………………..xxx

Report dated 19.08.2019 prepared by the SPCB and the report dated 25.09.2019 prepared by the CPCB have been placed for consideration today.

The SPCB has given information about air pollution, ETP sludge and made the following recommendations:

“Recommendations:

i Industry should engage CLRI Chennai for Environmental Audit of the plant including ETP performance evaluation and to study impact of treated discharge for irrigation.

ii. The discharge of the effluent should be ensured in accordance with the prescribed standards.

iii. The unit should submit the irrigation plan, which is duly approved or authenticated by the Agriculture University or the Irrigation Department of State Government.

iv. The unit should carry out the calibration of the OCEMS, on regular basis and inform to CPCB & UPPCB.

v. Flow meter should also be installed at the inlet of pipe line, through which the effluent is being passed for irrigation area and maintain logbook.”

The CPCB has prepared guidelines for utilization of treated effluents in irrigation by ZLD units. Such units must provide for recycling of effluents in the same process instead of discharging effluents on land or in water. Further guideline is that an agricultural scientist should be engaged for utilization of effluents in irrigation and preparing an Irrigation Management Plan. Treated effluents should meet the prescribed standards. Ground water quality should be monitored. The CPCB may circulate its guidelines to all PCBs/PCCs which should be required to be followed in every consent to establish as a condition for such consent.

As far as the present unit is concerned, we direct that the observations of the SPCB may be duly complied with which should be monitored by the CPCB. For past violations, compensation may be recovered on ‘Polluter Pays’ principle.”

According  to  applicant,  the  violations  are  continuing,  adversely affecting public health and environment and no action has been taken by the State PCB or CPCB.

In view of above, the State PCB/CPCB may look into the matter and take remedial action in accordance with law. The State PCB may file an action taken report with the Registrar General of this Tribunal within two months by e-mail at judicial-ngt@gov.in preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.

We also direct that a copy of order of this Tribunal dated 26.9.2019, in EA No. 58/2018 in OA No. 348/2017, Shailesh Singh vs. M/s Al-Dua Food Processing Pvt. Ltd. & Ors. be forwarded to District Judge, Aligarh for being entrusted to jurisdictional Civil Court for execution under Section 25(2) of the NGT Act, 2010.

The application is disposed of.

A copy of this order be also forwarded to the State PCB and the Project Proponent - M/s Al-Dua Food Processing Pvt. Ltd., Aligarh by e-mail for compliance.