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National Green Tribunal

Malta Chinni S/O Nookaraju vs Central Pollution Control Board ... on 5 December, 2025

Item No.06:-

               BEFORE THE NATIONAL GREEN TRIBUNAL
                    SOUTHERN ZONE, CHENNAI

                Friday, the 05th day of December, 2025.

                   [Through Physical Hearing (Hybrid Option)]


                Original Application No.120 of 2025 (SZ)

                      [Earlier O.A. No.209 of 2025(PB)]


IN THE MATTER OF:

       Malta Chinni
       S/o Nookaraju
       4-292, Peddanapalli Village,
       Yeleswram Mandalam,
       Kakinada District - 533 431.
                                                                ...Applicant(s)
                                       Versus

     1) Central Pollution Control Board
       Through its Member Secretary,
       Parivesh Bhawan,
       East Arjun Nagar, Shahdara,
       Delhi - 110 032.

     2) Andhra Pradesh Pollution Control Board
       Through its Member Secretary
       Paryavaran Bhavan, APIIC Colony Road,
       Gurunanak Colony, Autonagar,
       Vijayawada - 520 007,
       Andhra Pradesh.

     3) District Collector & District Magistrate
       Office of Collector and District Magistrate,
       Raja Ram Mohan Rai Road,
       Kakinada - 533 004.

     4) Registrar of Companies
       29-7-33, First Floor,
       Vishnuvardhanarao Street,
       Suryaraopet, Vijayawada,
       Andhra Pradesh - 520 002.

     5) State Ground Water Authority
       Water Resources Department
       Through its Engineer-in-Chief (Admn.)
       Government of Andhra Pradesh,
       4th Floor, Jalasoudha,
       Irrigation Compound, Governorpet,
       Vijayawada - 520 002,
       NTR District.

                                                                     Page 1 of 15
     6) M/s. Avanti Frozen Foods Private Limited
         Village Yerravaram
         Mandal Yeleswaram,
         District Kakinada - 533 435.
                                                         ...Respondent(s)


    For Applicant(s):        None Appeared.


    For Respondent(s):       Mrs. Revathi Manivannan for R1.
                             Mr. K. Ravindranath for R2, R3 & R5.
                             M/s. M.V. Swaroop, HS Hredai, Gayathri. S,
                             Thivakaran. M, Rajagopalan. R and
                             Devadharshini for R6.

CORAM:


HON'BLE Mr. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON

HON'BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER

HON'BLE Dr. PRASHANT GARGAVA, EXPERT MEMBER


                                 JUDGMENT

1. This Original Application was registered on the basis of a letter petition sent by Malta Chinni raising a grievance that the Project Proponent (Respondent No. 6) was causing water and air pollution.

2. The applicant alleged that the people residing in Mandals, namely Yelleswaram, Kirlampudi, Jaggampeta, and Prathipadu, covering about 12 villages, were facing problems of polluted drinking water and polluted air and that this pollution was being caused by the private respondent--M/s. Avanti Frozen Foods Private Limited, Yerravaram Village, Yeleswaram Mandal, Kakinada District.

3. It was also alleged that the water of River Janjanavathi was polluted on account of the discharge of chemical effluents.

Page 2 of 15

4. This Tribunal, considering the nature of the grievance raised in the letter petition and exercising its suo motu powers as recognized by the Hon'ble Supreme Court in Municipal Corporation of Greater Mumbai v. Ankita Sinha & Ors., (2022) 13 SCC 401, impleaded the respondents and constituted a Joint Committee by order dated 28.05.2025 with the following directions:

"4. In view of the averments in the application, we consider it appropriate to have response of (1) Central Pollution Control Board through its Member Secretary, (2) Andhra Pradesh Pollution Control Borad through its Member Secretary, (3) District Collector -cum- District Magistrate, Kakinada, (4) Registrar of Companies, Andhra Pradesh and (5) State Ground Water Authority, Andhra Pradesh, and (6) M/s. Avanti Frozen Foods Private Limited, 533-435, Village Yerravaram, Mandal Yeleswaram, District Kakinada who are impleaded as respondents no. 1 to 6. The Registry is directed to prepare and attach memo of parties to the application and issue notices to respondents No. 1 to 6 requiring them to file their reply/response within two months.
5. In view of the environmental questions involved in the case, we also consider it appropriate that a Joint Committee be constituted to verify the factual position and suggest appropriate remedial action. Accordingly, we constitute a Joint Committee comprising of officers duly authorized by Member Secretary, CPCB, Member Secretary, APPCB and District Collector -cum- District Magistrate, Kakinada and direct the same to meet within two weeks, undertake visits to the site, look into the grievances of the applicant, associate the applicant and representative of the concerned project proponent, verify the factual position and suggest appropriate remedial action. The APPCB will be the nodal agency for coordination and compliance."

5. The Joint Committee initially prepared an interim report and submitted it on 03.07.2025 and thereafter visited the respondent unit on 05.08.2025. During the spot inspection, the applicant/letter petitioner was present. On inspection, the Joint Committee found the unit to be a shrimp processing unit categorized under the 'Orange Category', which commenced commercial operation with effect from 06.05.2017.

Page 3 of 15

6. The Joint Committee examined relevant aspects such as the location of the unit, distance from the nearest water body, process adopted by the unit, status of consent, water consumption and utilization, compliance with requisite norms, waste generation, and its treatment. Discharge samples were taken from the ETP, and the sample reports were examined by the Committee.

7. It also took into account the Online Continuous Effluent Monitoring System (OCEMS) and the management of solid waste. The Joint Committee analyzed surface water samples from the surrounding areas and groundwater samples collected during the process and obtained reports from the Irrigation Department and the Groundwater Department. Thereafter, the Committee concluded that the respondent unit was complying with all the norms.

8. The observations of the Joint Committee in this regard are as follows:

"3.0 Meeting, site visit and inspection by the Joint Committee The Joint Committee conducted a preliminary meeting through video conference on 01.07.2025, wherein the Committee discussed in detail the grievance raised in the letter petition of Sri Matla Chinni dated 16.05.2024 and the directions given in the order of the Hon'ble NGT (PB), New Delhi. Pursuant to the discussions, the Committee finalized the schedule for undertaking a site inspection to ascertain the factual position and to recommend appropriate remedial actions. An interim progress report of the Joint Committee was accordingly submitted before the Hon'ble NGT (SZ) on 03.07.2025. A copy of the interim progress report is enclosed as Annexure - 2.
The Joint Committee thereafter visited and inspected the shrimp processing unit M/s. Avanti Frozen Private Limited located at R.Sy.No.342, 349, 360, 362 & 363, Yerravaram Village, Yeleswaram Mandal, Kakinada District along with the surrounding areas on 05.08.2025.
The following committee members were present during the inspection:
1. Smt. K Sri Ramani, Revenue Divisional Officer, Peddapuram
2. Smt. Sowmya D, Scientist-E, CPCB, Regional Directorate, Chennai
3. Sri. MBS Sankara Rao, Environmental Engineer, APPCB, Regional Office, Kakinada Page 4 of 15 The following members accompanied the Joint Committee during the inspection:
1. Sri A Ravi Kumar, Deputy Executive Engineer, Water Resource Department, Samalkot
2. Sri P Radha Krishna, District Ground Water Officer, Ground Water & Water Audit Department, Kakinada District
3. Sri Gopi Sireesh, Junior Scientific Officer, APPCB, Zonal Laboratory, Visakhapatnam
4. Sri ASRC Murthy, Assistant Environmental Engineer, APPCB, Regional Office, Kakinada.

As directed in the Hon'ble NGT order dated 28.05.2025, the Environmental Engineer, APPCB, Regional Office Kakinada (Nodal Office) vide letter dated 01.08.2025 informed Sri Matla Chinni, petitioner regarding the inspection of M/s. Avanti Frozen Private Limited, Yerravaram Village by the Joint Committee on 05.08.2025. Sri Matla Chinni, Petitioner was present during the visit of the Joint Committee on 05.08.2025. The Committee interacted with Sri Matla Chinni, Petitioner and the representatives of the industry, namely Sri U. Upendra, Production Manager and Sri MSN Raju, Plant Maintenance Manager, who were present during the visit.

The Petitioner informed the Committee that he had an apprehension that the industry might be discharging the wastewater into the nearby water bodies, however he has not seen or identified the exact location of the alleged illegal disposal of wastewater by the industry.

During the inspection, the Joint Committee inspected the unit, surrounding area, collected wastewater samples from ETP and water samples from surrounding water bodies. Verified documents maintained by the facility and Online Continuous Emission Monitoring System (OCEMS) data.

The Petitioner accompanied the Joint Committee for inspection of the area around the industry and nearby canals in the area. During the inspection, Petitioner has not shown any location of illegal disposal of effluent from the industry. The Committee collected wastewater samples from outlet of the ETP, ground water and surface water samples in the surrounding area in presence of the Petitioner and the samples were sealed in his presence. The letter furnished by the Petitioner on the day of inspection is enclosed as Annexure - 3."

9. The detailed consideration of the above issues is as follows:

4.1 "Location of the unit The industry is located at R.Sy.No.342, 349, 360, 362 & 363, Yerravaram Village, Yeleswaram Mandal, Kakinada District covering an area of 84.33 acres (comprising of 47.04 acres of own land and 37.29 acres of leased land), of which 7.02 acres was developed as built-up area. The unit is surrounded by agricultural land on three sides and by Yerravaram to Kirlampudi Village Road towards North. The nearest habitation is Peddanapalli village, situated at a distance of about 500 m in south-east of the industry. Apart from this, Yerravaram village is located at a distance of about 725 m Page 5 of 15 towards the west. Sri Matla Chinni, Petitioner, a resident of Peddanapalli Village resides at a distance of about 1.40 km from the industry in the south-eastern direction.
4.2 Distance from nearest water bodies The water bodies situated in the vicinity of the unit are as follow:
⚫ Polavaram Left Main Canal - about 290 m towards South ⚫ Pushkara Canal - about 440 m toward South ⚫ Yeleru Irrigation Canal - about 1.15 km towards West ⚫ Yeleru Reservoir - about 7.1 km towards North-West Geographic location of the industry, canals and petitioner's residence are shown in Image - 2.
Image 2: Surrounding locations of the Unit 4.3 Process description The processing of shrimp at the unit begins with the receipt of raw shrimp, procured from farmers and unit-owned farms, which are transported in refrigerated vehicles and conveyed to the processing area through a closed chute. The shrimp are initially washed with 2 PPM chlorinated water, weighed and iced to maintain freshness, followed by manual de-heading and re-

washing. They are then graded, deveined and subjected to a final wash before undergoing additive treatment. Thereafter, the shrimp are drained, sorted, quick frozen (IQF), glazed, re-hardened, weighed, packed and passed through a metal detector to ensure product safety. The processed shrimp are finally carton-packed, stored at a temperature below -18°C and dispatched in refrigerated containers. The process flow chart is shown in Image 3.

Image 3: Process flow chart Page 6 of 15 5.0 Status of consents issued by APPCB M/s. Avanti Frozen Foods Private Limited was established in the year 2017. The unit has obtained Consent to Establish (CTE) from the APPCB vide order dated. 26.12.2015 and subsequently obtained Consent to Operate (CTO) from the Board from time to time. The latest CTO was issued vide order dated 16.06.2020 with a validity upto 31.03.2027 for manufacturing products as shown in Table 1.

Table 1: Products and consent quantities as per CTO date 16.06.2020 Sl. Products Consent Quantity (TPD) No. 1. Processed Shrimp 50 2. Tube Ice 80 3. Flake Ice 110 A copy of the CTO order dated 16.06.2020 is attached as Annexure - 4.

6.0 Observations of Joint Committee The observations of the Joint Committee based on the inspection of the unit and surrounding area, verification of the documents and records maintained by the unit, OCEMS data, records and analysis reports furnished by APPCB are as follow:

6.1 Water Consumption i. Source of water The industry meets its water requirement through borewells located within the premises. Of the three borewells available, two are in operation and one is not in use.

The Ground Water & Water Audit Department, vide order dated 22.04.2021, accorded approval to the industry for drawing up to 495 KLD of groundwater. A copy of the approval is annexed as Annexure-5.

ii. Water Utilization Water is utilized for various purposes, including shrimp cleaning, floor and equipment washings, manufacture of tube ice and flake ice, boiler make-up and domestic requirements.

As per the Consent to Operate order dated 16.06.2020, the water consumption limits permitted for the unit is tabulated in Table 2.

Table 2: Permitted water consumption as per CTO dated 16.06.2020 Sl. Purpose Permitted water consumption (KLD) No. 1. Process and washings 500 2. Boiler 10 3. Domestic 30 iii. Location of flow-meters and water consumption record The industry has installed magnetic flow meters at the bore wells to assess the actual water consumption and is maintaining records. As per the records, the month-wise details of water consumption for the period from February 2025 to July 2025 is as shown in Table 3.

Table 3: Month-wise water consumption records Sl. Month Water consumed per month (KL) No.

1. February 2025 8047

2. April 2025 8575

3. June 2025 8680

4. March 2025 8836

5. May 2025 8802

6. July 2025 9450 Page 7 of 15 Total 52390 From the above records, the total water consumption during the period is 52,390 KL, which corresponds to an average of 289.4 KLD against the permitted quantity of 540 KLD under the CTO.

6.2 Wastewater Generation i. Sources of wastewater generation The industry generates wastewater from the shrimp washing, soaking of shrimp, cleaning of process hall, floor and equipment washings, boiler blow down and domestic activities.

As per the CTO order dated 16.06.2020, the permitted wastewater generation and the corresponding disposal methods are represented in Table 4.

Table 4: Permitted Wastewater Generation and Mode of Disposal as per CTO Sl. Purpose Permitted Point of Disposal No. wastewater generation

1. Process 469 KLD After treatment in the ETP, the treated water shall be used for onland irrigation within the premises

2. Boiler 1.0 KLD and leased land of 13.8 acres.

3. Domestic 24.0 KLD After treatment in the STP, the treated water shall be used for onland irrigation within the premises and leased land of 13.08 acres ii. Location of flow-meters and quantity of wastewater generated The industry has provided flow meter at the inlet of ETP - I and II to monitor quantity of process wastewater generated and treated and is maintaining records. Similarly, a flow meter is installed at the outlet of the STP to record quantity of sewage treated.

a. Quantity of process wastewater generated As per the records, the month-wise details of process wastewater generation are provided in Table 5.

Table 5: Month-wise process wastewater generation Sl. Month Process Wastewater generated (KL) No.

1. February 2025 7903

2. April 2025 8281

3. June 2025 8648

4. March 2025 8744

5. May 2025 8742

6. July 2025 8954 Total 51272 From the above, the total process wastewater generated during February-July 2025 was 51,272 KL, corresponding to an average of 283.27 KLD, which is within the permitted limit of 470 KLD as per the conditions in CTO.

b. Quantity of domestic wastewater generated The industry employed approximately 2,700 workmen, of which about 450 are provided with hostel facilities within the premises. The wastewater generated from domestic operations is treated in the in-house Sewage Treatment Plant (STP).

As per records, the month-wise details of domestic wastewater treated in the STP are presented in Table 6.

Page 8 of 15

Table 6: Month-wise domestic wastewater generation Sl. Month Domestic Wastewater generated No. (KL) 1. February 2025 435 2. April 2025 461 3. June 2025 437 4. March 2025 459 5. May 2025 465 6. July 2025 457 Total 2714 Thus, the domestic wastewater generated during February-July 2025 was 2,714 KL, which corresponds to an average of 14.9 KLD, as against the permitted 24 KLD under the CTO.


             6.3 Wastewater Treatment

i.    Effluent Treatment Plant (ETP)

The industry has installed two ETPs with capacities of 1000 KLD and 600 KLD, respectively. Both ETPs are based on the Activated Sludge Process (ASP) and comprise the following treatment units: Bar Screen Chamber, Collection Tank, Equalization Tank, Primary Clarifier, Aeration Tanks, Secondary Clarifier, Sludge Filter Press, and Treated Water Collection Tank.

ii. Sewage Treatment Plant (STP) The industry has provided a STP of 60 KLD capacity for the treatment of domestic wastewater. The STP consists of a Screen Chamber, Collection Tank, Equalization Tank, Aeration Tank, Clarifier, and Dual Media Filter.

The flow chart of both the ETP and STP are enclosed as Annexure - 6.

6.4 Analysis Results During the inspection, the Joint Committee collected samples of outlet of ETP-I and II and the STP to verify compliance with the standards stipulated. The results of the analysis are presented in Table 7.

Table 7: Analysis results of treated effluent S. Parameter Outlet of Outlet of Outlet of Standards No ETP-I (600 ETP-II STP stipulated by the KLD) (1000 Board vide CTO KLD) order dated 16.06.202 0

1. pH 7.55 7.34 7.35 5.5 - 9.0

2. Total Suspended 33 82 26 100 mg/l Solids (TSS)

3. Total Dissolved Solids 1952 1990 2028 2100 mg/l (TDS)

4. Chemical Oxygen 56 140 48 250 mg/l Demand (COD)

5. Biochemical Oxygen 12 24 8 30 mg/l Demand (BOD) 6. Oil & Grease <1.0 <1.0 <1.0 10 The Committee also collected samples of Mixed Liquor Suspended Solids (MLSS) from the aeration tanks of ETP-I (600 KLD) and ETP-II (1000 KLD). The results are presented in Table 8.


                               Table 8: MLSS analysis of aeration tanks


                                                                                             Page 9 of 15
 S.       Parameter                                    Aeration tank          Aeration tank
                                                          of ETP-I               of ETP-II
No.

1.       pH @ 250C                                            6.51                  7.52

         Mixed Liquor Suspended Solids (MLSS) in
2.                                                           3422                  2190
         mg/l



As per the analysis, the MLSS concentration in the aeration tanks of both ETP-I (3422 mg/l) and ETP-II (2190 mg/l) is above 2000 mg/l, which indicates the regular and effective functioning of the biological treatment process.

6.5 Treated wastewater disposal The unit is permitted to generate and treat 470 KLD of effluent and 24 KLD of sewage to comply with the prescribed discharge standards and permitted to use treated water for onland irrigation within the premises and leased land of 13.8 acres as per CTO conditions. As per the APPCB siting guidelines for establishment of certain industries dated 01.03.2019, an industry shall dispose 10 KLD of treated wastewater in one acre of land (Annexure - 7). Accordingly, maximum land area required for disposal of treated wastewater is 50 acres. During February-July 2025, an average of 283.27 KLD of effluent and 14.9 KLD of sewage is generated. Accordingly land requirement for disposal of treated effluent is 30 acres.

The unit has a total land area of 84.33 acres (47.04 acres is own land and 37.29 acres is leased land). Out of 84.33 acres, 7.02 acres is developed as built-up area, while the remaining 77.31 acres has been earmarked for the utilization of treated wastewater through onland irrigation/plantation. The land area (77.31 acres) available with the unit for the utilization of treated wastewater through onland irrigation/plantation is adequate for disposal of permitted quantity of treated effluent disposal (50 acres) as per CTO.

In the CTO, there is inconsistency in the land area mentioned for disposal of treated effluent through irrigation and it requires to be modified.

The treated effluent is conveyed through above ground HDPE pipelines placed in concrete channels from ETP to the irrigation land/plantation for onland disposal.

The industry has also provided a lined lagoon adjacent to the ETP with a storage capacity of 5500 KL (equivalent to 11 days of storage) for holding treated wastewater prior to its use for onland application.

6.6 Online Continuous Effluent Monitoring System (OCEMS) The industry has installed OCEMS at common outlet of ETP-I & II and provided connectivity to the APPCB website. The online data recorded for the period from 01.02.2025 to 31.07.2025 is presented in Table 9.

Table 9: OCEM data recorded during February-July, 2025 Parameter pH TSS in mg/l BOD in mg/l COD in mg/l Maximum value 9.33 46.02 29.54 84.62 Median value 7.96 10.27 12.93 37.02 Data availability % 100 100 100 100 Standards stipulated 5.5 - 9.0 100 30 250 by the Board vide CTO order dated 16.06.2020 7.0 Solid waste generation The industry has two cold rooms for the storage of shrimp head and shell waste generated. The industry transports the shrimp head and shell waste in closed vehicles to the chitin manufacturing units namely M/s. Balaji Aqua and Poultry Feed LLP, D.No.1-1234/1, Asramam Street, Velivennu Village, Tanuku Mandal, West Godavari District within 24 hours of generation to avoid foul odour nuisance in the premises. The Page 10 of 15 month wise details of disposal of shrimp head and shell waste is shown in Table 10.

Table 10: Month-wise details of solid waste generated Sl. Month Shrimp Head & Shell waste No. disposed during the month in Tons 1. February 2025 425 2. April 2025 429 3. June 2025 375 4. March 2025 489 5. May 2025 398 6. July 2025 332 Total 2448 Tons As per the above, the industry generated approximately 2448 tons of shrimp head and shell waste during the period February 2025 to July 2025. An average 13.5 TPD of shrimp head and shell waste are produced and it is within the consented quantity of 15 TPD.

8.0 Air Pollution The sources of air pollution in the industry are two Non-IBR diesel-fired boilers of 850 Kg/hr capacity each and four DG Sets of 1010 KVA capacity each, maintained as standby power supply units. The industry has provided adequate stack heights (12 m for the boilers and 10 m for the DG sets) to ensure proper dispersion of flue gases.

The shrimp processing activity is continuous and carried out in closed sheds, preventing stagnation of processed shrimp or shrimp waste within the premises. Therefore, no odour nuisance is observed outside the industry during the inspection, contrary to the complainant's allegation.

8.1 Storage of Ammonia and Safety measures implemented The industry is having ammonia storage tanks - 3 Nos with total storage capacity 9,000 litres. For safety and environmental monitoring, the industry has installed 16 Nos of ammonia (NH₃) gas detection sensors at critical locations such as valve stations, ice units, compressors, ammonia receiver area, condensers, and other processing zones etc., to facilitate early leak detection and ensure operational safety.

The industry has obtained NOC dated 12.03.2023 from AP State Dister Response and Fire Service Department with a validity upto 11.09.2026.

9.0 Surface Water sample collection and analysis is surrounding areas During the joint committee inspection, surface water samples were collected at five locations (both upstream and downstream of the industry) as mentioned below and the analysis results are presented in the Table 11.

A. Upstream of Yerravaram channel near NH-16 at Yerravaram B. Downstream of Yerravaram channel behind ladies hostel of M/s. Avanti Frozen Foods Pvt. Ltd., Yerravaram (V), Yeleswaram (M), Kakinada District C. Downstream of Yerravaram channel joining into left main canal of Polavaram near Peddanapalle (V), Kakinada District D. Upstream of Pushkara Canal near Polavaram left main canal, Peddanapalle (V), Kakinada District E. Downstream of Pushkara Canal at Shivalayam Temple, Peddanapalle (V), Kakinada District Table 11: Analysis results of surface water samples S. Parameter Unit Sample codes No A B C D E

1. pH @ 25°C - 7.29 7.37 7.58 7.31 7.36 Page 11 of 15

2. Dissolved Oxygen (DO) mg/l 4.7 4.6 4.8 6.1 6.3

3. Total Suspended Solids (at 105℃) mg/l 17 37 34 24 35

4. Total Dissolved Solids (at 180C) mg/l 412 392 464 162 104

5. Chemical Oxygen Demand (COD) mg/l <5 <5 <5 <5 <5

6. Biochemical Oxygen Demand mg/l 2.3 2.6 2.9 2.2 2.0 (BOD) 3 days @ 27C 7. Chloride (as Cl) mg/l 65 60 125 25 20

8. Total Hardness (as CaCO3) mg/l 220 188 220 120 80

9. Total Alkalinity (as CaCO3) mg/l 248 236 252 112 60

10. Calcium Hardness (as CaCO3) mg/l 140 120 132 84 48

11. Magnesium Hardness (as CaCO3) mg/l 80 68 88 36 32

12. Nitrate (NO3) mg/l 10.14 9,47 9.03 9.65 8.85

13. Nitrite Nitrogen (as NO2-N) mg/l 0.08 0.09 0.05 0.08 0.16

14. Ammonical Nitrogen (as NH3- N) mg/l <0.4 <0.4 <0.4 <0.4 <0.4

15. Fluoride (as F-) mg/l <0.2 0.31 0.57 <0.2 <0.2

16. Ortho Phosphate (as PO43-) mg/l <0.05 <0.05 <0.05 <0.05 <0.05

17. Sulphate (as SO42-) mg/l 8.68 <5 13.0 10.4 10.8

18. Sodium (as Na) mg/l 54.17 56.87 95.50 16.69 11.43

19. Potasium (as K) mg/l 4.10 3.98 4.22 2.56 1.68 The surface water samples collected in 5 locations in the surroundings of the industry indicates that there is no discharge of industrial effluent to the Yerravaram channel and Pushkara Canal.

10.0 Ground Water sample collection and analysis Ground water samples were collected at six locations within the industry premises (including leased land of the industry) as below and the analysis results are presented in the Table 12.

F. Borewell water (Agricultural use), behind Bus Shed G. Borewell water (Agricultural use), behind Boys Hostel H. Borewell water (Agricultural use), at Main Sub-station I. Borewell water (Industrial use), behind New Ladies Hostel J. Borewell water (Industrial use), behind Old Ladies Hostel K. Piezometer well water, near ETP area Table 12: Analysis results of ground water samples S. Parameter Unit Sample codes Drinking No water F G H I J K standard (BIS:IS:1050 0, 2012)

1. pH @ 25C - 7.11 7.27 6.91 7.10 7.08 6.96 6.5 to 9.5

2. Conductivity mg/l 1281 1622 2380 1397 2060 1958 --

Page 12 of 15 3. Total mg/l 844 1072 1562 924 1356 1288 500

Dissolved Solids (at 180°C) 4. Chloride (as mg/l 222 322 544 262 486 468 250 CI) 5. Total mg/l 500 588 800 500 700 560 200 Hardness (as CaCO3) 6. Total mg/l 460 504 568 472 476 440 200 Alkalinity (as CaCO3)

7. Ortho mg/l <0.04 <0.04 0.27 <0.04 0.04 <0.04 --

Phosphate (as PO43-)

8. Sulphate (as mg/l 26.2 38.6 48.5 30.4 42.3 43.3 200 SO42-)

9. Fluoride (as mg/l 0.41 0.36 <0.2 <0.2 0.27 <0.2 1.0 F)

10. Nitrate (as mg/l 29.30 22.53 31.78 22.53 43.38 27.22 45 NO3)

11. Nitrite mg/l <0.02 <0.02 0.25 <0.02 0.02 0.02 --

Nitrogen (as NO2-N)

12. Ammonical mg/l <0.4 <0.4 <0.4 <0.4 <0.4 <0.4 --

Nitrogen (as NH3-N) 13. Calcium mg/l 284 300 472 260 156 212 75 Hardness (as CaCO3) 14. Magnesium mg/l 216 288 328 240 544 348 30 Hardness (as CaCO3)

15. Sodium (as mg/l 118 151 260 141 204 232 --

Na)

16. Potasium (as mg/l 2.20 3.34 2.15 2.71 1.95 1.64 --

K) From the analysis results, the ground water samples collected in 5 locations within industry and it's surrounding area within the permissible limits of drinking water standards (BIS:IS:10500, 2012) except for TDS, Magnesium, Calcium, Total Alkalinity, and Total Hardness, which is due to geographical conditions.

11.0 Authenticity of the complaint The main allegation of the petitioner is that the Janjnavathi River and Yeleswaram Dam, which serve as vital water sources for drinking, agriculture, and livestock, are being polluted due to the discharge of untreated effluents by M/s. Avanti Frozen Foods Pvt. Ltd., thereby compelling villagers to consume polluted water.

The Joint Committee held discussions with Sri A Ravi Kumar, Deputy Executive Engineer, Water Resource Department, Samalkot and Sri P. Radha Krishna, District Ground Water Officer, Ground Water & Water Audit Department, Kakinada District, regarding this allegation.

⚫ The Water Resource Department officials clarified that there is no river named "Janjnavathi" in the district, as mentioned by the petitioner in the representation to the Hon'ble NGT.

⚫ They further informed that the operations of M/s. Avanti Frozen Foods Pvt.

Page 13 of 15

Ltd. have no impact on the Yeleru Reservoir and its irrigation canals, as the industry is located downstream and away from the reservoir.

⚫ The District Ground Water Officer informed that a piezometer has been installed at Yerravaram Village for regular monitoring of groundwater quality and furnished monitoring reports to the Committee.

11.1 Report of the Irrigation Department:

The DEE, Water Resource Department (Irrigation) vide report dated 05.08.2025, stated that the Yeleru Reservoir is on the upstream side of M/s.Avanti Frozen Foods Private Limited which is at distance of about 7.1 KM and hence discharging of water into the river on the upstream side of Yeleru dam is not feasible and not found. During the Joint committee inspection in the presence of petitioner, it was not found the discharging of any wastewater into the "Yerravaram Calava" on the downstream side of Yeleru dam which is flowing nearby M/s.Avanti Frozen Foods Private Limited (Annexure - 8).
11.2 Report of the Ground Water Department:
The District Ground Water Officer, Kakinada reported that 6 wells are existed in the premises of the industry which are drilled from 30m to 33m depth deployed with 7 HP and 7.5 HP submersible pumps. Two wells are being used for industrial needs and three wells are being used for agricultural needs. One piezometer well was established for continuous water level monitoring in the premises. The ground water department has established piezometer in Yarravaram village and that piezometer is located at 1.3 km North-East and is on the upstream side of river Eleru from the premises of M/s.Avanti Frozen foods Pvt. Ltd.

Based on field observations, the analytical data of ground water samples and the historical data available in the department, the Ground Water Department concluded that there is no negative impact on ground water regime in and around the premises of M/s. Avanti Frozen foods Pvt. Ltd, Yarravaram Village, Yeleswaram Mandal. The report of Ground Water & Water Audit Department dated 20.08.2025 is placed at Annexure - 9."

10. The Joint Committee reached the following conclusion in its report:

"12.0 Conclusion and Recommendations
1. The industry has Effluent Treatment Plant and Sewage Treatment Plant of adequate capacity for treatment of wastewater generated from the industry and also has adequate land for utilizing treated effluents for irrigation.
2. As per the analysis results of the wastewater samples collected at the outlet of the ETP and also Continuous Online Effluent Quality Monitoring Data, the treated wastewater is meeting the discharge standards stipulated by the APPCB.
3. There is no discharge of wastewater from the industry into the nearby waterbodies as observed by the committee. The petitioner expressed apprehension that the industry was discharging effluents into nearby water bodies but he could not identify or demonstrate the alleged discharge locations.
4. The joint committee inspected the premises and nearby canals in presence of the petitioner but he was not able to show the location of alleged illegal discharge of effluents from the industry.
5. The Irrigation Department, in their report dated 19.08.2025, stated that Yeleru Reservoir is about 7.1 km away in up-streams side of M/s. Avanti Frozen Foods Pvt. Ltd., and discharge of wastewater into the river is not feasible. Further, during the joint committee inspection in the petitioner's Page 14 of 15 presence, no wastewater discharge was observed into the "Yerravaram Calava" flowing downstream of the Yeleru dam near the industry.
6. The District Ground Water Officer, Kakinada reported that the field observations, groundwater analysis and historical data shows that there is no negative impact on the groundwater regime around M/s. Avanti Frozen Foods Pvt. Ltd.
7. From the above, it is concluded that the allegations raised by the petitioner are without merit, as he was unable to indicate any specific location of the alleged illegal discharges and during the interaction, clarified that his complaint was based only on an apprehension. Further, during the inspection, no instances of water pollution were observed, either through physical verification of the industry or as per the analysis results of the collected samples.
8. It is recommended that the APPCB shall modify CTO issued to the industry and mention the maximum land area required for disposal of treated effluent through irrigation in accordance to the APPCB siting guidelines for establishment of industries."

11. Though the complainant was noticed in the present matter and he was present at the time of inspection, no objection to the Joint Committee report has been filed. Hence, the report is accepted. The report reveals that the allegation of the applicant in the letter petition about violation of environmental norms by respondent no. 6 unit was not correct.

12. Having regard to the nature of the respondent unit and the extent of water discharged from it, we are of the view that continuous monitoring by the State Pollution Control Board is required. During the course of such monitoring, if at any point of time the unit is found to be violating the norms, prompt requisite remedial and punitive action shall be taken. Hence, we direct accordingly.

13. With the aforesaid observations, we dispose of this Original Application [O.A. No. 120 of 2025 (SZ)].

Sd/-

Justice Prakash Shrivastava, CP Sd/-

Justice Pushpa Sathyanarayana, JM Sd/-

Dr. Prashant Gargava, EM O.A. No.120/2025 (SZ) 05th December, 2025. AD.

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