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Judgment
This Original Application under Section 14 and 15 of the National Green Tribunal Act, 2010 was registered on the basis of a letter dated 16.01.2023 received from the resident of Village Sutana, Tehsil Madloda, District Panipat with the allegation that 21 industrial units operating in the district are engaged in the manufacture and business of textiles, chemicals, agriculture medicines, automobiles etc.
The grievance of the Applicant was that these units were operating in violation of environmental laws and norms, discharging untreated effluents in the open drains of the village, agriculture fields, roads and other open spaces, contaminating ground water, damaging crops, causing diseases to cattles and the local inhabitants.
The Tribunal considering the grievance raised in the Application had formed a joint committee by order dated 25.05.2023 and had directed the joint committee as under:-
“5. The committee shall visit the site, collect relevant informations and submit factual report inter-alia including status of compliance with consent conditions, authorized mode of disposal and existence of CETA to have combined treatment of effluents, within two months 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 joint committee has submitted the report dated 18.09.2023.
The Learned Counsel appearing for State of Haryana has pointed out that out of these 21 units, 04 units are closed, out of these 04 units, 02 units were closed by the Board and 02 units were found to be non-operational; 04 units are in the white category for which no CTO/CTE/Clearances is required; 08 units are in the green category which had obtained necessary CTO after February 2023 and in respect of the previous period, environmental compensation was imposed by the competent authority and the same has been deposited by these units. He submitted that 02 units are in orange category which are not discharging any trade effluent and complying with the norms and 03 units are in red category out of which 02 units are generating trade effluent and they have set up ETP and complying with the norms and 01unit is generating domestic waste and has set up STP and is also complying with the norms.
The gist of the units, falling in different categories and the compliance thereof is reflected in the concluding part of the report is as under:-
“Out of 21 units mentioned by the applicant:
(1) 04 No’s units fall under white Category and not required to obtain CTE/CTO from the board as per order 04.12.2020. These units do not generate any kind of air and water pollution from the process.
The name of these units are mentioned below:
(i) M/S Shree Shiv Shakti Enterprises, Village Sutana, Teh. Matlauda
(ii) M/s Shree Krishna Traders, Village Sutana, Teh. Matlauda
(iii) M/S MuskanLoomtex Pvt Ltd.. Village Sutana,Teh. Matlauda
(iv) M/s BMVM Village Sutana, Teh. Matlauda, Panipat.
(2) 08 No’s Units were engaged in reprocessing of cotton waste, weaving and spinning. These units have provided Dust collector with Baghouse to control air emissions from process and nave Obtained CTO from the Board.
The name of these units are as follows:
(i) M/s Soham Enterprises, Near DAV Public School, Assandh Road, Panipat.
(ii ) M/s Fabreko Industries Private Limited, Village Sutana, Tehsil Madlauda, Panipat.
(iii) M/S Elite Textiles (Cotton Elite), Near Dutta Colony, Panipat. Colony, AssandhRoad, Panipat.
(iv) M/s ABC Nonwovens, Opp. Thermal Power Station, Assandh Road, Panipat.
(v) M/s Krishna International, Opp. DAV Public School, Thermal
(vi) M/Guru Textiles, Opp. DAV school Assandh Road Near Thermal Bypass, Panipat.
(vii) M/s Vardhman Textiles, Opp DAV Public School ,Assandh Road, Madlauda, Panipat.
(vii)M/s Preet Enterprises, Sutana Road, NearShani Mandir, Thermalb pass, Panipat.”
(3) 01 unit M/s Ganga Foods, UntlatoSutana Road, Near Canal Bridge village Sutana, Panipat is Covered under the Orange category and engaged in the manufacturing of Poultry feeds. Unit has obtained the CTO from the Board and no trade effluent is generated from the process.
1 more unit M/s. Nex Chemicals Pvt. Ltd., VPO the Sutana, Tehsil Madlauda, Panipat is engaged in formation of pesticides and covered under the Orange Categoryy, Unit has obtained the CTO from the Board and no trade effluent is generated from the process.
(4) 02 No’s Units i.e. (i) M/s Bansal Texo Fab, VPO Sutana,Tehsil Madlaud Panipat (ii) M/s Smiley International, Jattal Road, Village Sutana, Tehsil Madlauda, Panipat falls under Red Category and have both the units have obtained Consent to operate from the Board. Both the units have installed treatment facility for trade effluent with Zero Liquid Discharge System, Both the Red Category units are operating their boilers on Biomass/Gas and has provided Air Pollution Control Devices (APCD) to Control Air Emission.
01 more unit was found M/s Shree Cement Ltd.(Jay Pee Cement Granding unit), village Khukhrana, Post Office Assan Kalan, Madlauda, Panipat is covered under red Category and is engaged in manufacturing of cement. Unit is having domestic effluent generation only and installed STP of 150 KLD capacity as provided adequate arrangement to control air emission and water pollution.
(5) 02 No's units falling under green category were found operating without CTO from the board. Closure Action already initiated by the Board. The name of these units are as under:
(i)M/s Shri Hari Textiles, Opp. DAV Public School, Thermal Colony, Assandh Road, Panipat.
(ii) M/s Shri Sai textile, Opp. DAV Public School, Thermal Colony, Assandh Road, Panipat.
(6) 01 No. of unit M/s Supreme Industries, Opp. DAV Public School, Thermal Colony, Assandh Road, Panipat was not found. In fact, M/s Shri Hari Textiles was found, details of which has been explained above.
(7) 01 No. Unit M/s A R Autotex found dismantled from the site at time of Inspection.”
On the perusal of the report, it is noticed that the unit at serial no.4 i.e. M/s Nexa Chemicals PM Ltd, VPO Sutana Tensil Madlauda Panipat is stated to be a unit engaged in manufacturing of pesticides but it has been placed under the orange category whereas as per the information disclosed, the said unit should be placed in the red category. The said issue needs consideration in the light of the fact that the unit is manufacturing pesticides, etc., and the activity of the unit is stated to be mixing of chemicals and unit has also obtained authorization under Hazardous Waste Management Rules, 2016. Similarly, the unit at serial no. 21 i.e. M/s Shree Cement Ltd. (Jay Pee Cement Granding Unit), Village Khukhrana, Post Office Assan Kalan, Madlauda, Panipat which is a cement manufacturing unit has been categorized on the basis of reprocessing of waste cotton and which according to the activity may be placed in red category.
The State Pollution Control Board will re-examine compliance of above two units and submit a report before the Registrar General of the Tribunal within 08 weeks and if found necessary, the Registrar General may place the matter before the Bench for consideration.
O.A. No. 261/2023 is disposed of accordingly.