National Green Tribunal
Surender vs State Of Uttar Pradesh & Ors on 16 August, 2024
Item No.1 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPALBENCH, NEW DELHI.
(Through Physical Hearing with Hybrid V.C. Option)
Original Application No. 142/2024
Surender ...Applicant
Versus
State of Uttar Pradesh & Ors. ...Respondents
Date of hearing: 16.08.2024
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Applicant: None for the applicant.
Respondents: Ms. Mansi Chahal and Mr. S.A. Zaidi, Advocates for
Project Proponent.
Application is registered based on a letter petition received by Post.
ORDER
1. Mr. Surender has sent by post the present letter petition to this Tribunal, which has been treated and registered as O.A. No. 142/2024.
2. The relevant part of the letter petition enumerating grievances of the applicant is reproduced as follows:-
"X X X X
िवषयः िशकायत िव अलनािसर ए पोट ाईवे ट िलिमटे ड, पताः
2761, भूड़गढ़ी, डासना, िजला गािजयाबाद उ र दे श को PCB के ारा सील करने के बावजू द भी उसके मािलक के ारा लगातार मीट काटने व दू षण फैलाने के स ंध म िशकायत प X X X X O.A. No. 142/2024 Surender Vs. State of U.P. & Ors .
-2-िनवे दन यह है िक उपरो मां स फै ी को िदनां क 18/08/2023 को जल दू षण फैलाने तथा अ िनयम व शत के उ ं घन के कारण PCB के ारा सील कर िदया गया है ।
1. यह िक उपरो मीट की फै ी के ारा बराबर से होकर बहते नाले के मा म से गंग नहर म दू िषत जल डाला जा रहा है तथा फै ी के अ र कई थान पर वाटर प लगाकर भूिम के अ र काटे गये पशु ओं के र व वै े ज को प िकया जा रहा है िजससे इलाके म थत गां व का पानी भी दू िषत हो गया है तथा उसम से काफी दु गध आती है ।
2. यह िक ीमान जी को अवगत कराना ज री है िक उपरो फै ी म केवल 180 पशु ओं को काटने की ही पिमशन है पर ु इसके िवपरीत लगभग 2000 पशु रोजाना काटे जाते ह िजसम बीमार व ब -पशु भी काटे जाते ह
3. जो उपरो फै ी के मािलक ी नािसर कुरे शी है वो मौजूदा िवधानसभा-27 दे हात मुरादाबाद से िवधायक ह तथा राजनीित म इनका अहम थान है िजस कारण कोई इनके खलाफ िशकायत दे ने की चे ा नहीं कर पाता।
4. यह िक िदनां क 18/08/2023 को फै ी को PCB के ारा सील करने के बावजू द भी फै ी के अ र चोरी छु पे दू सरे गेट से पशुओं का काटा जाना जारी है तथा पहले की ही तरह र व अ वै े ज के मा म से दू षण फैलाया जा रहा है ।
5. यह िक उपरो फै ी पर गािजयाबाद िवकास ािधकरण के 18 करोड़ पये काफी पहले से बकाया है पर ु इस स ंध म भी उपरो फै ी पर कोई कायवाही अभी तक नहीं की जा सकी है ।
6. यह िक उपरो नािसर कुरे शी व उसके प रवारजनों की अ फै याँ जो हापु ड़, गािजयाबाद व अ िजलों म धड़ े से चल रही ह िजससे उपरो लोग भू िम के अ र तथा नहर नालों के मा म से पशुओं का र व वै े ज कृित म डालकर दू िषत कर रहे ह।
7. यह िक उपरो फै ी को थाई प से सील कर लाईसस को र िकया जाना व दोिषयों के खलाफ कानू नी कायवाही िकया जाना पयावरण की शु ता को बचाये रखने के िलए अ आव क है ।
अतः ीमान जी से ाथना है िक उपरो त ों को सं ान मे लेते ऐ उपरो फै ी के मािलक व उसम काम करने वाले लोगों के खलाफ स से स कानूनी कायवाही करने की कृपा कर और फै ी को बं द कराकर उसका लाईसस र करने की कृपा कर। आपकी अित कृपा होगी।"
3. Vide order dated 22.04.2024 this Tribunal constituted a Joint Committee with direction to submit factual and action taken report. This Tribunal also impleaded State of Uttar Pradesh through the District Magistrate, Ghaziabad; Uttar Pradesh Pollution Control Board (UPPCB) and AL-Nasir Export Pvt. Ltd., 2761, Bhudgarhi, Dasna, District Ghaziabad, U.P. and notices were ordered to be issued to them. The relevant part of the order is reproduced below:-
O.A. No. 142/2024 Surender Vs. State of U.P. & Ors .-3-
"3. Prima facie the averments made in the application raise substantial questions relating to environment arising out of the implementation of the enactments specified in Schedule-I to the National Green Tribunal Act, 2010.
4. In view of the averments in the application, we consider it appropriate to have response of (1) State of Uttar Pradesh through the District Magistrate, Ghaziabad, (2) Uttar Pradesh Pollution Control Board (UPPCB) and (3) AL-Nasir Export Pvt.
Ltd., 2761, Bhudgarhi, Dasna, District Ghaziabad, U.P., who stand impleaded as respondents No. 1 to 3. The Registry is directed to prepare and attach memo of parties to the application and issue notices to respondents No. 1 to 3 requiring them to file their reply/response within two months.
5. Notice be served on AL-Nasir Export Pvt. Ltd., 2761, Bhudgarhi, Dasna, District Ghaziabad, U.P., through the District Magistrate, Ghaziabad, U.P. and for this purpose notice issued to AL-Nasir Export Pvt. Ltd., 2761, Bhudgarhi, Dasna, District Ghaziabad, U.P. be sent to the District Magistrate, Ghaziabad, U.P. by E-mail for getting service of the same effected on it and sending his report in this regard.
6. In view of the averments made in the application, we also consider it appropriate that a Joint Committee be constituted to verify the factual position and take appropriate remedial action. Accordingly, we constitute a Joint Committee comprising of representatives of Agricultural and Processed Food Products Export Development Authority, Uttar Pradesh, Uttar Pradesh State Pollution Control Board and District Magistrate, Ghaziabad, Uttar Pradesh and direct the same to 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 take appropriate remedial action by following due course of law. The Uttar Pradesh State Pollution Control Board will be the nodal agency for coordination and compliance.
7. Factual and Action taken Report by the Joint Committee be filed by email at [email protected] preferably in the form of searchable PDF/OCR supported PDF and not in the form of Image PDF at least one week before the date hereby fixed."
4. I.A. No. 223/2024 seeking exemption from filing the English translation copies of annexures and I.A. No. 224/2024 seeking recalling of order dated 22.04.2024 passed in O.A No. 142/2024 titled as Surender versus State of UP & Ors have been filed by Mr. S.A. Zaidi and Ms. Mansi Chahal, Advocates for respondent no. 3-M/s AL-Nasir Export Pvt. Ltd.
5. I.A. No. 223/2024 was allowed vide order dated 31.05.2024 and the applicant was exempted from filing the English translation copies of O.A. No. 142/2024 Surender Vs. State of U.P. & Ors .
-4-annexures at that stage with direction to file the same in due course of time.
6. Vide order dated 31.05.2024, notice of I.A. No. 224 of 2024 was issued to the applicant and the Respondent No. 3- Project Proponent was directed to file response to the averments made in the Original Application with requisite details regarding compliance with CTO conditions and interim direction given by this Tribunal to the Joint Committee to visit the unit of respondent no. 3 and submit its report was ordered to remain in abeyance.
7. In compliance thereof response has been filed by respondent no. 3- Project Proponent vide email dated 03.07.2024.
8. Reply has been filed by respondent no. 3 vide email dated 03.07.2024. The relevant part of the reply is reproduced below:-
"REPLY ON BEHALF OF RESPONDENT NO. 3 I.E. M/S AL- NASIR EXPORTS PVT LTD.
X X X X
1. PRELIMINARY SUBMISSIONS:-
1.1. At the very outset it is submitted that the applicant has not come with clean hands before this Honourable Tribunal as the applicant has suppressed the vital information and true facts and as such the Original application deserves dismissal at the very threshold on the count of suppression of material facts and for misleading the Honourable Tribunal.
1.2. That the instant original application is malicious in nature, contrary to verifiable material, sans legal justification & scientific basis and is filed with an oblique motive by the applicant.
1.3. That the applicant has levelled vague, irresponsible and obnoxious allegations against the answering respondent without any material in support thereof or to corroborate such wild imaginative allegations. The entire application is aimed O.A. No. 142/2024 Surender Vs. State of U.P. & Ors .-5-
to sully the image of answering respondent and based on twisted facts & half-baked and suppression of material facts.
1.4. That it is humbly submitted that all the material allegations made in the application against the answering respondent are false and fabricated and the application is not maintainable either on the facts or in law against the answering respondent.
1.5. That the applicant humbly submits that the applicant i.e. Mr. Surender, sent this letter which is registered as O.A No. 142/2024, back in September, 2023. Without waiting for some time, when this letter petition didn't got listed, he filed Original Application having O.A No. 717/2023 titled as Surendra versus UPPCB & Ors, before this Honourable Tribunal against the answering respondent i.e. M/s Al-Nasir Export Pvt. Ltd. wherein the Honourable NGT took cognizance of the matter and vide order dated 06.12.2023 disposed off the O.A No. 717/2023 directing the UPPCB to consider the representation dated 25.08.2023 submitted by Mr. Surendra by following the principles of natural Justice and take appropriate action in accordance with law.
1.6. That in compliance of the order dated 06.12.2023 passed by Honourable NGT in O.A 717/2023, the UPPCB on 21.12.2023 issued letter to both the parties i.e. Mr. Surendra (applicant) & the answering respondent to remain present on 03.01.2024 for hearing of the representation dated 25.08.2023 submitted by Mr. Surendra, but the applicant didn't appeared on various occasions despite several reminders by the UPPCB. The UPPCB after noticing continuous absence of the applicant despite repeated letters, heard the matter on 23.02.2024 and passed the detailed order noticing the fact that upon inspection by the concerned authorities including Chief veterinary Officer (CFO), ACP Ghaziabad, AEE UPPC, Regional officer of UPPCB & FSSAI, the applicant's unit was lying closed in compliance of the UPPCB order dated 18.08.2023 and was not in operation as alleged by Mr. Surendra.
1.7. That after all the above proceedings and orders were passed in favour of the present applicant, the present letter petition having 0.A No. 142/2024 got listed before this Honourable Tribunal, despite the fact that the cognizance on the application of the applicant has already been taken by the Honourable NGT & by the UPPCB.
1.8. That the applicant in the present I.A i.e. M/s Al-Nasir. Export Pvt. Ltd. is one of the India's leading meat conglomerate which has state of the art plants & machineries. The applicant has always complied with all the environmental rules and prescribed norms, which are laid down by the CPCB & UPPCB from time to time, in every manner whatsoever.
O.A. No. 142/2024 Surender Vs. State of U.P. & Ors .-6-
1.9. That as of today, the applicant's unit is operating in absolute compliance of all the environmental norms and laws and is under continuous vigilance and monitoring of CPCB & UPPCB.
2. PARA WISE REPLY TO THE CONTENTS OF LETTER PETITION:-
2.1. That the Contents of Para 1 are denied and further submitted that the unit is under continuous vigilance of the CPCB & UPPCB and regular inspections take place by the PCB's and the unit has always been found complying in every manner whatsoever. The unit does not discharge any effluent outside the unit and re-utilizes the treated effluent for Karnal technology, washing of the unit and for greenery of the unit.
The groundwater from the hand pumps near the unit has also been tested several times, which has always been found within the prescribed norms.
2.2. That the Contents of Para 2 are denied and submitted that the unit strictly adheres to every condition of the consent and do the slaughtering within the consented capacity. The CCTV's are installed at various points of the slaughter house including entry points, Lairage, meat processing points, which are directly linked to the DM's office and thus there is no point of illegal slaughtering in the unit in any manner.
2.3. That the Contents of Para 3 are denied and submitted that whenever there is any complaint against the unit, the UPPCB Inspects the unit without any delay and the unit is always under the vigilance of CPCB & UPPCB. The applicant in the present case also sent a representation dated 25.08.2023 to the UPPCB, which was duly considered by UPPCB on orders of NGT dated 06.12.2023 passed in 0.A No. 717/2023 and despite several calls to the applicant, the applicant didn't bothered to appear before the authority.
2.4. That the Contents of Para 4 are denied and humbly submitted that the unit didn't ever operated in violation of the closure order issued to unit dated 18.08.2023. The same was also verified by the authorities through inspection done by the concerned authorities including Chief veterinary Officer (CFO), ACP Ghaziabad, AEE UPPC, Regional officer of UPPCB & FSSAI. As per the inspection reports, the unit was found lying closed in compliance of the UPPCB order dated 18.08.2023 and was not in operation as alleged by the applicant.
The True Copy of UPPCB Order dated 23.02.2024 along with the Inspection Reports of Chief Veterinary Officer (CFO), ACP Ghaziabad, AEE UPPC, Regional Officer of UPPCB & FSSAI are annexed herewith and marked as ANNEXURE A/1 (Colly).
2.5. That the Contents of Para 5 does not pertains within the jurisdiction of Honourable NGT and hence needs no reply. O.A. No. 142/2024 Surender Vs. State of U.P. & Ors .
-7-2.6. That the Contents of Para 6 are denied and submitted that the answering respondent's unit has always operated his unit in compliance of the environmental norms and is absolutely a complying and a non- polluting unit.
2.7. That the Contents of Para 7 are denied and submitted that the answering respondent's unit is operating in absolute compliance of all the environmental norms and laws and is under continuous vigilance and monitoring of CPCB & UPPCB. Regular inspections on regular intervals have taken place of the unit wherein the unit was found complying with all the environmental norms and laws.
3. COMPLINACES OF THE UNIT WITH REGARD TO CTO CONDITIONS:-
3.1. That the unit has got valid Air consent & water consent from the UPPCB which is valid from 01.01.2020 to 31.12.2024.
The True Copy of the Air & Water Consent is annexed herewith and marked as ANNEXURE A/2.(Colly) 3.2. That the unit has got VALID Authorization/ NOC from U.P Ground water department which is valid from 22.11.2021- 21.11.2026.
The True Copy of the UPGWD NOC/Permission is annexed herewith and marked as ANNEXURE A/3.
3.3. That the unit has also got the Membership of Hazardous waste from Bharat Oil & Waste Management Ltd, which is valid till 24.02.2025. The True Copy of the Membership Certificate from Bharat Oil & Waste Management Ltd. is annexed herewith and marked as ANNEXURE A/4.
3.4. The unit on 24.04.2024 has also got Its waste water sample, Ground water from the borewell tested from a Government approved lab which was found within the prescribed parameters and norms. Along with this, the stack emission monitoring was also done by the unit on 08.05.2024 from the govt approved lab, which was also found achieving the norms.
The True Copy of the Waste Water Sample Analysis Report dated 24.04.2024 along with Stack Emission Monitoring and Analysis Report dated 08.05.2024 is annexed herewith and marked as ANNEXURE A/5.(Colly) 3.5. That the unit has also installed pezometer, the cameras on various points of the unit including entry points, Lairage, meat processing points, which are directly linked to the DM's office and OCEMS which transmits the data directly to CPCB & UPPCB server. The passwords and O.A. No. 142/2024 Surender Vs. State of U.P. & Ors .
-8-Login Ids of the same are already submitted with the UPPCB office. The Passwords and login ID of Pezometer,Cameras linked to DM office and OCEMS are annexed herewith and marked as ANNEXURE A/6.
3.6 . That the unit has also maintained the log books of the borewells installed within the unit, log book of treated water from the outlet, Log Book of ETP Outlet, log book of Water used for irrigation by Karnal Technology, log book of OCEMS & Log book of energy meters.
The True Copy of Log Books of borewells, treated water from the outlet, ETP Outlet, Water used for irrigation by Karnal Technology, OCEMS & Energy Meters is annexed herewith and marked as ANNEXURE A/7 (Colly).
3.7. That the unit has also submitted the environmental statement with the UPPCB for the financial year 2022- 23, as per the condition of the CTO.
The True Copy of the Environmental Statement submitted to UPPCB for the financial year 2022-23 is annexed herewith and marked as ANNEXURE A/8.
3.8. That the unit has maintained more than 33% of the greenery in the unit. The greenery is being properly maintained as per the consent condition. The Photographs showing the greenery maintained in the unit are annexed herewith and marked as ANNEXURE A/9.
3.9. The unit has also submitted Technical Adequacy/ Efficacy Report of Effluent treatment plant prepared by the Department of Civil Engineering, Jamia Milia Islamia.
The True Copy of the Technical Adequacy/ Efficacy Report of Effluent Treatment Plant is annexed herewith and marked as ANNEXURE A/10.
3.10. The unit has submitted its compliance report to the Chief environmental Officer (Circle I), UPPCB.
The True Copy of the Compliance Report submitted to UPPCB is annexed herewith and marked as ANNEXURE A/11.
3.11. That the unit utilizes the treatment water/ effluent for the Karnal technology.
The Photographs showing the Karnal Technology are annexed herewith and marked as ANNEXURE A/12. O.A. No. 142/2024 Surender Vs. State of U.P. & Ors .
-9-3.12. The unit has also made the Irrigation Management Plan for the utilization of treated effluent from the Chandra Shekhar Azad University of Agriculture & Technology, Kanpur.
The True Copy of the Irrigation Management Plan for the utilization of treated effluent prepared from the Chandra Shekhar Azad University of Agriculture & Technology, Kanpur is annexed herewith and marked as ANNEXURE A/13.
3.13. The borewells of the unit are equipped with the Electromagnetic Flow Meters.
The Photographs showing Electromagnetic Flow Meters installed on borewells are annexed herewith and marked as ANNEXURE A/14."
9. Respondent no. 3 has accordingly prayed for dismissal of the application with heavy/exemplary costs.
10. This Tribunal considered the matter on 04.07.2024 and finding no ground to recall order dated 22.04.2022 dismissed I.A. No. 224/2024. The relevant part of order dated 04.07.2024 is reproduced below:-
"...9. The applicant sent present letter petition dated 28.08.2023 which was registered as O.A. No. 142/2024. The applicant sent another letter petition which was registered as O.A. No. 717/2023 and disposed of by this Tribunal vide order dated 06.12.2023 with direction to the Chairman, UPPCB to consider representation dated 25.08.2023 of the applicant and to take appropriate action in accordance with law. Representation dated 25.08.2023 of the applicant was disposed of by the Chairman, UPPCB vide order dated 23.02.2024 on the ground that the unit was lying closed under closure order dated 18.08.2023 and was not being illegally operated in violation of closure order and RO, Ghaziabad was directed to ensure implementation of closure order dated 18.08.2023.
10. On Appeal closure order dated 18.08.2023 was set aside by the Appellate Authority vide order dated 20.02.2024 which was upheld by the Hon'ble Allahabad High Court vide order dated 13.03.2024 passed in Writ Petition (C) No. 2423 of 2024 titled as Chief Environmental Engineer UPPCB, Lucknow Vs. Appellate Authority/ Principal Secy. Ministry of Environment, Forests and Climate Change & Anr. with liberty to UPPCB to initiate appropriate proceedings against the Project Proponent O.A. No. 142/2024 Surender Vs. State of U.P. & Ors .-10-
and pass a fresh order after full opportunity to Respondent No. 3- Project Proponent.
11. UPPCB issued letter dated 03.04.2024 to Respondent No. 3- Project Proponent allowing the unit to operate but no fresh order after giving opportunity to Respondent No. 3- Project Proponent has been passed by UPPCB so far which fact has also been conceded by learned Counsel for Respondent No. 3- Project Proponent.
12. In the present application allegations of violation of the environmental norms by Respondent No. 3- Project Proponent have been made which were not specifically looked into by the Chairman, UPPCB who disposed of the representation dated 25.08.2023 mainly on the ground of the unit lying closed and there being no illegal operation thereof in violation of closure order. The allegations regarding violation of environmental norms are required to be enquired into and have not been so enquired into by UPPCB. In his response Respondent No. 3- Project Proponent has claimed compliance with CTO conditions/environmental norms but compliance status is required to be physically verified.
13. In the facts and circumstances of the case, we consider verification of the compliance report submitted by the Respondent No. 3- Project Proponent to be essential for just and proper adjudication of the questions involved in the case.
14. Consequently, no ground for recalling of order dated 22.04.2024 passed by this Tribunal in the present case was made out and I.A. No. 224/2024 was dismissed.
15. Accordingly, the Joint Committee constituted by this Tribunal vide order dated 22.04.2024 is directed to look into the grievances of the applicant, verify the factual position with regard to the same and also compliance by Respondent No. 3- Project Proponent with CTO conditions/ environmental norms and submit its report within one month by way of email at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.
16. List for further consideration on 16.08.2024.
17. Notice be issued again to the State of UP through the District Magistrate, Ghaziabad requiring the same to file its reply/response within a period of one month by way of email as directed above.
18. The Applicant be informed about the date of hearing fixed and Notice be send to him for joining proceedings."
11. In compliance thereof report of District Magistrate, Ghaziabad has been filed vide email dated 03.08.2024. The relevant part of the report is reproduced below:-
O.A. No. 142/2024 Surender Vs. State of U.P. & Ors .-11-
"Joint report in compliance of order passed by Hon'ble National Green Tribunal, Delhi in O.A. No. 142 of 2024 in the matter of Surender Vs State of U.P.
1. Introduction The Hon'ble National Green Tribunal vide its order dated 04.07.2024 in Q.A. No. 142 of 2024 in the matter of Surender Vs. State of U.P., has passed the following directions: -
........... .12. In the present application allegations of violation of the environmental norms by Respondent No. 3- Project Proponent have been made which were not specifically looked into by the Chairman, UPPCB who disposed of the representation dated 25.08.2023 mainly on the ground of the unit lying closed and there being no illegal operation thereof in violation of closure order. The allegations regarding violation of environmental norms are required to be enquired into and have not been so enquired into by UPPCB. In his response Respondent No. 3- Project Proponent has claimed compliance with CTO conditions/environmental norms but compliance status is required to be physically verified.
13. In the facts and circumstances of the case, we consider verification of the compliance report submitted by the Respondent No. 3- Project Proponent to be essential for just and proper adjudication of the questions involved in the case.
14. Consequently, no ground for recalling of order dated 22.04.2024 passed by this Tribunal in the present case is made out and 1.A. No. 224/2024 is dismissed.
15. Accordingly, the Joint Committee constituted by this Tribunal vide order dated 22.04.2024 is directed to look into the grievances of the applicant, verify the factual position with regard to the same and also compliance by Respondent No. 3- Project Proponent with CTO conditions/ environmental norms and submit its report within one month by way of email at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF."
2. Action taken by the Joint Committee In compliance to the above order dated 04.07.2024, the Joint committee comprising following officials visited the unit M/s AL Nasir Exports Pvt. Ltd., Vill. Bhoorgarhi Dasna, Ghaziabad on 18.07.2024: -
i) Shri Ajay Kumar Ambasht, City Magistrate, Ghaziabad
ii) Dr. C.B. Singh, DGM & Regional head, APEDA, Ministry of Commerce & Industry, Govt. of India
iii) Shri Anshul Sharma, Assistant Environmental Engineer, U.P. Pollution Control Board, Ghaziabad, O.A. No. 142/2024 Surender Vs. State of U.P. & Ors .-12-
During inspection the unit was found operational and the authorized representative of the unit, Mr. Nazimuddin, Manager was present. The overall details of the unit and observations made during the inspection are as follows:
A. General Information
1. Raw material Live Buffalo- 200 no. per day & goat/sheep -- 100 no./day
2. Products/Byproducts Frozen meat, Poultry Feed Supplement, Tallow and blood meal
3. Consented production Frozen meat- 50 MT/Day capacity Tallow- 4 MT/day MBM- 11 MT/day
4. Present slaughtering and On the day of inspection, frozen meat production slaughtering of about 196 buffaloes were going on, which is around 98% of consented capacity. Unit has submitted detailed day wise data for slaughteringfrom dated 17.04.2024 to 18.07.2024 certified by veterinary department, which is annexed as Annexure- A1 .
Information pertaining to water consumption and wastewater generation
5. Freshwater source Ground water through bore well 5a. Borewell No. Total 02 nos. of bore wells: 7.5 HP and 2 HP 5b. Flow meter on borewell (Y/N) Electromagnetic flow meters are installed on both bore wells.
5c. Permission of UP. Ground Unit has obtained authorization/ Water Department for NOC from U.P. Ground Water abstraction of ground water Department for 01 bore well having capacity 7.5 HP, which is valid till 21.11.2026, copy of same is enclosed as Annexure A2.
Further, unit has applied
for renewal of
authorization on 30.04.2024 for
bore well having capacity 2 HP,
which is under consideration
with competent authority, copy
of same is annexed as
Annexure A3
6. Consented wastewater Industrial - 200 KLD
discharge, KLD Domestic - 4 KLD
7. Present Wastewater As per record of ETP logbook
discharge/ treatment provided by unit, the average
(kl/day)
O.A. No. 142/2024 Surender Vs. State of U.P. & Ors .
-13-
quantity of treated water in
month of July 2024 is 160 KLD,
copy of logbook from 01.07.2024
to 17.07.2024 is annexed as
Annexure A4.
8. ETP details The unit has installed Effluent
Treatment Plant (ETP) based on
activated sludge process. The
treatment has primary,secondary followed by followed by tertiary treatment.
The details of treatment units are as follows:
Collection tank, Rotary Fiber Screen, Equalization Tank-1. DAF (Dissolved Air Floatation), Equalization Tank-2, Flash Mixing Tank, Primary Clarifier.
Aeration Tank-1, Secondary Clarifier-1, Aeration Tank-2, Secondary Clarifier-2, sludge holding tank, Buffer Tank, Sand Filter, Activated Carbon Filter, Disinfection tank, Sludge drying beds, Filter Press Machine etc. The unit has installed Blood Meal Plant with blood pump, screw pump and agitator (Blood coagulator), which was found operational during inspection.
9. Mode of Effluent disposal Treated waste water from ETP is used in washing, cooling towers and water sprinkling on roads and surplus water is used for irrigation in own developed plantation (Eucalyptus) using Karnal Technology over an area of 8840 so meter (approx.). On the day of inspection, the effluent was not discharged into drain and was partially used for irrigation purpose. Unit has provided Irrigation Management Plan by Chandra Shekhar Azad University of Agriculture & Technology, Kanpur for the utilization of treated effluent, copy of same is annexed as Annexure A5.
During visit on 18.07.2024, samples were collected from Inlet of ETP, Outlet of ETP, O.A. No. 142/2024 Surender Vs. State of U.P. & Ors .-14-
treated effluent being used in Karnal technology (outside premises) and ground water sample through hand pump situated near premises.
Samples were analyzed in Regional Office Laboratory, UPPCB, Ghaziabad and found within prescribed limit, copy of analysis report is annexed as Annexure A6.
10. Consent Status under the Unit has obtained Consent to Water Act, 1974 Operate from Board vide letter no. 78826/UPPCB/ Ghaziabad (UPPCBRO)/CTO/ WATER/ GHAZIABAD/2019, dated 12.03.2020, which is valid till 31.12.2024. Copy enclosed as Annexure A7.
11. Status of OCEMS (Online The unit has installed OCEMS Continuous Effluent for all the requisite parameters Monitoring System) i.e., pH, TSS, BOD, COD and connected with the server of CPCB and UPPCB. On the day of inspection, the OCEMS was found in operation and parameters found within prescribed norms. {values of OCEMS pH (7.54), TSS (15.5 mg/I), BOD (11 mg/I), COD (149.7 mg/I)) OCEMS data from 01.07.2024 to 18.07.2024 and Calibration certificate of OCEMS is annexed as Annexure A8 and Annexure A9 respectively.
12. Odour Control The unit has provided bio filters to suppress the odour from rendering plant (dry process).
Information pertaining to Air Pollution
13. Source of Air Pollution, The Unit has two boilers having details of fuel and status of capacity of 6 TPH each.
APCDs Biomass briquettes is used as fuels in the boiler. It is equipped with multi-cyclone system and wet scrubber as Air Pollution Control Devices (APCDs). Flue gases are discharged into the atmosphere through a common O.A. No. 142/2024 Surender Vs. State of U.P. & Ors .
-15-stack having height of 30 meters from ground level. The stack is provided with monitoring facilities having platform and porthole. As per report of stack monitoring carried out by UPPCB on 03.07.2024 all parameters in emission were found within prescribed norms. Copy of same is annexed as Annexure A10.
The unit has installed OCEMS (Online Continuous Emission Monitoring System) for continuous monitoring of air quality emission and connected to the server of CPCB and UPPCB. OCEMS was found operational during inspection and showed the parameters within the prescribed norms.
CEMS data from 01.07.2024 to 18.07.2024 and Calibration certificate is annexed as Annexure A11 and Annexure A12 respectively.
Total 03 DG Sets (500 KVA x01, 1010 KVA x02) were found in the premises which was found disconnected and not in operation. It was informed by the representative that work order is placed for installation of RECD (Retrofitted Emission Control Device) on DG set in compliance of direction no. 76 issued by CAQM, copy of same is annexed as Annexure A13.
14. Consent Status under the Unit has obtained consent to Air Act, 1981 operate from Board vide letter no. 78872/UPPCB/ Ghaziabad (UPPCBRO)/ CTO/air/ GHAZIABAD /2019, dated 26.02.2020, which is further amended for change in fuel by Board vide letter dated 11.01.2023 and valid up to 31.12.2024. Copy of same is annexed as Annexure A14 and Annexure A15 respectively.
Information pertaining to ETP sludge and other solid waste O.A. No. 142/2024 Surender Vs. State of U.P. & Ors .
-16-15. Quantity of ETP sludge As per records provided by the generated and other solid unit, average sludge generation waste generated for the period 01.07.2024 to 17.07.2024 was approx. 37.35 Kg/day. The unit has maintained logbook for ETP sludge, copy of same is annexed as Annexure A16.
16. Nature of waste Organic
17. Facility for storage/ ETP sludge is being sold to disposal /treatment farmers/ vendors.
18. Hazardous waste Unit has valid membership of authorization TSDF and valid authorization under the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, copy of same is annexed as Annexure A17.
19. License of FSSAI The industry has valid FSSAI License, copy a same is annexed as Annexure A18.
20. Registration with APEDA The industry has valid registration with APEDA [Agricultural and Processed Food Products Export Development Authority], copy of same is annexed as Annexure A19.
B. Status of compliance with Consent to Operate conditions/ Environmental norms The Joint Committee has physically verified the compliance report submitted by the industry during inspection; overall status of compliance is as follows-
i. The industry has been operating with valid Consolidated Consent to Operate under the Water (Prevention & Control of Pollution) Act. 1974 and the Air (Prevention & Control of Pollution) Act, 1981 from UPPCB which is valid up to 31.12.2024.
ii. Unit has valid authorization/ NOC of U.P. Ground Water Department for 01 bore well (7.5 HP), and applied for another bore well (2 HP).
iii. The industry has valid membership of authorized TSDF for disposal of the hazardous waste generated from process.
iv. Unit has submitted Environmental statement report for the year 2022-23.
O.A. No. 142/2024 Surender Vs. State of U.P. & Ors .
-17-v. Unit has maintained karnal technology outside premises for irrigation purpose.
vi. The industry has installed ETP of 200 KLD capacity for treatment of industrial waste water. During inspection, ETP was found operational and complying with discharge standards. vii. The Unit has provided OCEMS for all parameters: pH, TSS, BOD, and COD and it was found operational during the visit. viii. The industry has maintained logbook of ETP and treated water being used in Karnal technology. No industrial effluent was being discharged into connecting drain or any canal.
ix. The industry has valid license and registered with Food Safety and Standards Authority of India (FSSAI).
x. The industry has valid registration with Agricultural and Processed Food Products Export Development Authority (APEDA). xi. During inspection, the industry was found operational within the consented capacity, i.e., slaughtering of around 196 buffaloes were in process as against the consented slaughtering of 200 buffaloes /day.
xii. The industry has various units including Lairage, Slaughtering/meat processing, Refrigeration, Rendering and Blood Meal production.
xiii. During inspection housekeeping found satisfactory. The industry has adequate space (room) for storage and preservation of hides.
xiv. The industry has CCTVs for surveillance at the entry points, Lairage and meat processing unit.
xv. During visit on 18.07.2024. samples were collected from Inlet of ETP, Outlet of ETP and ETP treated water in Karnal technology. Samples were analyzed in Regional Office Laboratory, UPPCB, Ghaziabad, as per analysis report, unity is complying with discharge standards. Detailed report is as follows-
Sampling Location Parameters pH TSS BOD COD (mg/I) (mg/I) (mg/I) Inlet of ETP 6.21 146 134 398 Outset of ETP 7.5 44 20 148 Treated water of ETP in 7.5 46 24 164 Kernal Technology Notified Standard 6.5 - 50 30 250 8.5 O.A. No. 142/2024 Surender Vs. State of U.P. & Ors . -18-
xvi. During visit, samples of ground water was collected from hand pump situated in village - Bhoorgarhi, near premises of the industry and analyzed in authorized Laboratory of Regional Office, UPPCB, Ghaziabad. As per analysis report, no contamination of ground water is observed.
C. Observations with regard to grievances of applicant raised in said matter During inspection, Joint Committee constituted by Hon'ble Tribunal examined the grievances raised in application dated 28.08.2023 by applicant Mr. Surender. In view of same, Main observations of the Joint Committee are as follows -
i. No industrial waste water was found being discharged neither into connecting drain nor any canal in nearby area. Further, no blood/ waste residue was found being pumped into ground. It is also mentioned that applicant has not provided any such evidence/ photograph.
ii. The industry has submitted certified records of slaughtering obtained from the Veterinary Department for the period of 08.04.2024 to 18.07.2024, according to which no violation was found in reference to the consented capacity.
iii. Applicant has mentioned in its representation that the industry was operational even after closure order dated 18.08.2023 issued by U.P. Pollution Control Board. In this matter, a joint committee was constituted by the District Magistrate, Ghaziabad vide letter dated 19.08.2023, who visited the site on 19.08.2023 and sealed the unit in compliance of closure order issued by the UPPCB, copy of order issued by the District Magistrate, Ghaziabad and sealing report submitted by the committee is annexed as Annexure A21 and Annexure A22 respectively.
iv. The unit was inspected time to time so as to ensure that industry remain in compliance of closure order issued by the UPPCB. In the same context, unit was inspected on 01.01.2024 by officials of UPPCB for ensuring compliance of closure order and same was informed to head office, UPPCB, Lucknow vide letter dated 02.01.2024, copy of same is annexed as Annexure A23.
v. The Joint Committee constituted by the Hon'ble Tribunal also verified the records provided by the industry during inspection dated 18.07.2024. No evidence of slaughtering found after 19.08.2023 i.e. date of sealing. Copy of records provided by the industry is annexed as Annexure A24.
vi. It is pertinent to mention here that the industry is allowed to operate by the UPPCB vide letter dated 03.04.2024 in compliance of order dated 22.02.2024 passed by the Appellant Authority and order dated 13.03.2024 passed by the Hon'ble High Court, Allahabad. Copy of same is annexed as Annexure A25. O.A. No. 142/2024 Surender Vs. State of U.P. & Ors .
-19-The above report is being submitted before this Hon'ble National Green Tribunal for perusal and kind consideration."
12. None has appeared for the applicant.
13. We have heard learned Counsel for respondent no. 3-Project Proponent and gone through the material on record.
14. It may be observed that the applicant made complaint dated 25.08.2023 to the Chairman, UPPCB with copies to other authorities. The applicant sent reminder letter dated 05.09.2023 to the Chairman, UPPCB with copies to other authorities. The applicant filed Writ Petition (Civil) no. 1056/2023 titled as Surendra Vs. State of Uttar Pradesh and another before Hon'ble Supreme Court which was dismissed as withdrawn vide order dated 17.10.2023. Thereafter, the applicant filed Original Application no. 717/2023 before the Principal Bench of this Tribunal which was disposed of by Bench headed by Hon'ble Chairperson of this Tribunal vide order dated 06.12.2023. The relevant part of the order dated 06.12.2023 reads as under:-
"4. In view of the fact that the factual dispute has been raised and the representation has already been submitted by the Applicant which has not been considered till now, we deem it proper to dispose of the present OA directing the Chairman, UPPCB to duly consider the Applicant's representation dated 25.08.2023 by following the principles of natural justice and take appropriate action in accordance with law. Let this exercise be completed within a period of three months from the date of receipt of a copy of this order.
5. The OA is accordingly disposed of.
6. Let a copy of this order be forwarded to the Chairman, UPPCB by email for compliance."
15. The applicant sent present letter petition dated 28.08.2023 by post which was treated and registered as Original Application no. 142/2024.
The applicant raised the same grievances in letter petition dated 28.08.2023 which were raised in complaint dated 25.08.2023 on the basis O.A. No. 142/2024 Surender Vs. State of U.P. & Ors .
-20-of which Original Application no. 717/2023 was filed which was disposed of by Bench headed by Hon'ble Chairperson of this Tribunal vide order dated 06.12.2023. Present original application was listed before this Bench for hearing on 22.04.2024 by the Registry without mentioning the facts that Original Application no. 717/2023 filed on the basis of complaint dated 25.08.2023 had been disposed of vide order dated 06.12.2023.
16. In order to avoid such duplication of the proceedings which may also result in passing of conflicting orders by the same or different Benches of this Tribunal, it will be appropriate that the Registry may also make report regarding filing of any other application regarding the same grievance/cause of action by the same applicant or any other person and current status of the same as to pendency/disposal thereof and the Ld. Registrar General of this Tribunal is directed to issue appropriate instructions in this regard after obtaining appropriate orders from Hon'ble the Chairperson of this Tribunal.
17. In compliance of order dated 06.12.2023 passed by this Tribunal the Chairman, UPPCB considered the representation/complaint made by the applicant and issued notices to the applicant for appearance before him but the applicant did not appear before him. The Chairman, UPPCB disposed of the representation/complaint made by the applicant vide order dated 23.02.2024. However, as already noticed by this Tribunal in its order dated 04.07.2024 Chairman, UPPCB disposed of the representation made by the applicant on the ground that the unit was lying closed under closure order dated 18.08.2023 and was not being illegally operated in violation of closure order and RO, Ghaziabad was directed to ensure implementation of closure order dated 18.08.2023. O.A. No. 142/2024 Surender Vs. State of U.P. & Ors .
-21-18. It may be observed here that order dated 18.08.2023 for closure of the unit of respondent no. 3 was passed on the ground of environmental violations as mentioned therein. Respondent no. 3 filed Water Appeal no.
2/2023 titled as M/s. AI-Nasir Exports Pvt. Ltd. Ghaziabad Vs. UP Pollution Control Board, Chief Environment Officer (Circle-1) which was allowed by the Appellate Authority vide order dated 20.02.2024 inter alia on the ground that opportunity of being heard was not granted to respondent no. 3 before passing of the order. UPPCB filed Writ (C) Petition no. 2423/2024 titled as Chief Environmental Officer, UPPCB Lucknow Vs. Appellate Authority/Principal Secretary, Ministry of Environment, Forests and Climate Change and another before Hon'ble Allahabad High Court which was dismissed vide order dated 13.03.2024.
However, while dismissing the writ petition, Hon'ble Allahabad High Court modified order dated 20.02.2024 and the relevant part of order dated 13.03.2024 passed by Hon'ble Allahabad High Court reads as under:-
"11. Thus, while upholding the order passed by the appellate authority, we modify the same to the extent that it shall be open to the U.P. Pollution Control Board to initiate an appropriate proceeding against the defaulting respondent no. 2 and pass a fresh order after affording full opportunity of hearing to the said respondent. This exercise is expected to be completed expeditiously in accordance with law.
12. The writ petition is accordingly disposed of."
19. UPPCB filed Special Leave to Appeal (C) No. 8568/2024 titled as Chief Environmental Officer U.P. Pollution Control Board, Lucknow Vs. M/s. Al Nazir Export Private Limited & Anr. against order dated 13.03.2024 passed by Hon'ble Allahabad High Court which was dismissed by Hon'ble Supreme Court vide order dated 19.04.2024 as having become infructuous due to compliance with the impugned order. The Chief Environmental Officer, Circle 1, UPPCB, Lucknow sent letter dated 03.04.2024 to respondent no. 3 regarding compliance with order dated O.A. No. 142/2024 Surender Vs. State of U.P. & Ors .
-22-13.03.2024 passed by Hon'ble Allahabad High Court and allowed respondent no. 3 to operate the slaughter house.
20. In compliance with order dated 04.07.2024 passed by this Bench, the Joint Committee constituted by this Tribunal considered the grievances of the applicant, verified the factual position and also compliance made by respondent no. 3. Report of the Joint Committee was submitted by District Magistrate, Ghaziabad alongwith his letter dated 03.08.2024 filed vide email dated 03.08.2024. As per the above said report the Joint Committee did not find any non-compliance with the consent conditions and did not observe any environmental violations by respondent no. 3.
21. In view of the report filed by the Joint Committee, the present original application is disposed of accordingly with the direction to respondent no. 2-UPPCB to periodically monitor the operation of the slaughter house by the Project Proponent for ensuring requisite compliance with the environmental norms and direction to respondent no. 3-M/s. Al-
Nasir Export Pvt. Ltd. to carry out further plantation particularly of aromatic plants on the boundary as well as inside the premises of the slaughter house.
22. A copy of this order be sent to the Member Secretary of respondent no. 2- Uttar Pradesh State Pollution Control Board and respondent no. 3- M/s. Al-Nasir Export Pvt. Ltd. by email for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM August 16th, 2024 AGp