National Green Tribunal
M/S Mahakoushal Sugar And Power ... vs State Of Madhya Pradesh on 28 August, 2025
Item Nos.01&02
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No.215/2024(CZ)
(I.A.No.108/2024)
(O.A.No.1092/2024 - PB)
IN THE MATTER OF:
News Item titled "गुड़ को दू षण पर NGT
और दू षण बोड का उदासीन रवैय ा" appearing
in Swadesh Bhopal dated 27.07.2024
(Suo Motu)
Versus
1. Central Pollution Control Board,
Through its Member Secretary
Parivesh Bhawan, East Arjun,
Nargar, Delhi- 110032, Respondent No.01
2. Madhya Pradesh State Pollution
Control Board,
Through its Member Secretary,
E-5, Main Rd No. 3, Ekant Park,
Arera Colony, Bhopal, Madhya
Pradesh - 462016, Respondent No.02
3. Ministry of Environment and
Forest, Through its Regional
Office,
Integrated Regional Office, E-5,
Kendriya Paryavaran Bhawan, E-5
Arera Colony. Link Road-3,
Ravishankar Nagar, Bhopal, Respondent No.03
4. District Magistrate, Narsinghpur,
Office of the Collector, Narsingh
Bhawna, Narsinghpur - 487001, Respondent No.04
With
1
O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया
appearing in Swadesh Bhopal dated 27.07.2024
O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors.
Original Application No.228/2024(CZ)
IN THE MATTER OF:
M/s Mahakoushal Sugar and Power Industries,
Having its registered office at 42,
Kotra Sultanabad, Bhopal, MP.
Through its General Manager Shri A.K.Shrivastava,
Son of Shri D.K. Shrivastava, Aged about 62 years,
Resident of Mahakoushal Sugar Factory Campus,
Narsinghpur, District Narsinghpur, (MP),
Applicant(s)
Versus
1. State Of Madhya Pradesh,
Through the Principal Secretary,
Department of Kisan Kalyan and
Krishi Vikas, Vallabh Bhawan, Respondent No.01
Bhopal, M. P. Pin-462004,
2. Madhya Pradesh Pollution Control
Board,
Through Chairman, Paritawaran
Parisar, E-5, Arera colony, Bhopal Respondent No.02
pin - 462016,
3. The Commissioner, Sugarcane,
Bhopal, Madhya Pradesh, Respondent No.03
4. The Collector, Narsinghpur, MP. Respondent No.04
COUNSELS FOR APPLICANT(S):
Mr. Takshasheel Adv.
COUNSELS FOR RESPONDENT(S):
Mr. Kanishk Devesh Sharma, Adv.
Mr. Deepak Kumar Kori, Adv.
Mr. Raja Ujjwal, Adv.
Mr. Prashant M. Harne, Adv.
Mr. Dharamvir Sharma, Adv.
Mr. Gaurvanvit Jain, Adv.
Ms. Shikha Singh Chouhan, Adv.
2
O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया
appearing in Swadesh Bhopal dated 27.07.2024
O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors.
CORAM:
HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Date of completion of hearing and reserving of order : 17.07.2025
Date of uploading of order on website : 28.08.2025
JUDGMENT
1. Issues raised in both the applications are operation of Jaggery making Units (Kolhus) across various districts of Madhya Pradesh (especially Narsinghpur).
2. The matter was taken on the basis of a news article and as per the articles, these Jaggery Units cause large scale pollution and hamper the health and well-being of the residents of the area. The articles highlighted illegally operated Jaggery making Units (Kolhus). However, it is alleged that despite several complaints, the Madhya Pradesh Pollution Control Board has not taken any action against such illegal units. The news item states that Narsinghpur District in Madhya Pradesh is known for its sugarcane, sugar and jaggery. In the harvesting season, almost 5000 Jaggery making Units start operating in the area, spewing smoke and causing large scale air pollution. Furthermore, it is stated that sugarcane peels are used as fuel in jaggery furnaces due to which large amounts of smoke is produced along with other harmful gases like carbon dioxide, carbon monoxide and solid carbon particles. These enter the human body while breathing or eating and can cause severe health and respiratory issues. Moreover, the smoke from these units engulfs the roads and 3 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors. fields around it, causing visibility issues on highways and thereby resulting in accidents. The news item further highlight that according to the pollution control board, several guidelines have been issued to control the pollution caused by these jaggery units. These include, ban on operation of Kolhus without a chimney, fixing the height of the chimneys in proportion to the amount of fuel used in the unit, with minimum height being 20 feet, so that the smoke doesn't spread on ground level and endanger human life. However, it is asserted that, most of the Kolhus function without following any environmental guidelines and rules causing the smoke to spread on ground level and hamper health and life.
3. The matter was taken up by this Tribunal and notices were issued to the Respondents. Vide order dated 08.11.2024, the observations and directions as noted are as follows:-
"3. This Tribunal directed the State Pollution Control Board to submit the factual and action taken report but no concrete action has been taken to regulate the operation of the units in accordance with the guidelines issued by the CPCB to control the kolhus and request has been made to direct the Agriculture Department, Department of Food and Local Administration to initiate action.
4. It is further submitted that this is the unorganized nature of operation of unit and generally it is in operation in the month of November and February and the visit of the committee was prior to this in the month of September and during that period the kolhus were not in operation, thus, the report was not correctly prepared.
5. In the meantime, I.A. nos. 105/2024 & 108/2024 have been filed with the prayer to implead the applicant of I.A. nos. 105/2024 & 108/2024 as a respondent for correct decision of the case. It is further submitted that since the operation of the kolhus are prevalent in the State of Madhya Pradesh, throughout the state, in various part of the state, thus a report is required to be 4 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors.
called from the Member Secretary, State Pollution Control Board from collecting the report from all the districts.
6. It is further submitted that the units generate suspended particulate material and have furnaces and a small 3-4 meters stack height made from mud or local brick which causes inefficient burning of fuel and generates dark cloud of smoke consisting of Carbon Monoxide, Carbon Dioxide and Fine and Ultrafine Particulate Matter which causes various kinds of diseases to the nearby residents. Accordingly, the applicant of above I.As. numbers are impleaded as a respondent and they are directed to submit the reply and clear facts collecting the data of the State of Madhya Pradesh.
7. We direct the Member Secretary, State Pollution Control Board Madhya Pradesh to collect the data from all the district headquarters of Madhya Pradesh with regard to the jaggery furnaces and its compliance in accordance with the guidelines issued by the CPCB and in case of violations to take remedial measures and submit the suggestions. The Member Secretary is at liberty to constitute a committee on the regional basis or the district level basis to submit the suggestions to take remedial measures in that particular area and after compilation of the report it may be submitted to the Tribunal within two months."
4. The State PCB by constituting a Committee of two members, assessed the matter and reported as follows:-
"..............x................x....................x...............x...................... About Jiggery Units Located at Narsinghpur District:
The Jiggery is a natural, traditional sweetener made by the concentration of sugarcane juice. It is a traditional unrefined non- centrifugal sugar consumed. Containing all the minerals and vitamins present in sugarcane juice. Sugarcane is processed in to sugar, gur (jiggery) and khandsari (cottage sugar). The methods of converting sugarcane and manufacturing sugar, gur and khandsari are different but a great value is added in the manufacturing of these consumable final products. Generally, roller mills are used for juice extraction. These are driven by electrical motor or diesel engine. Extraction of juice is in the range of 60 to 70%. After extraction, suspended matters are removed by 5 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors. cotton cloth or fine mesh screen. After clarification, temperature of boiling mass is further increased to around 110 - 115°C. Boiling take place about 2 to 3 hours. After the striking point temperature and brix content are reached, the slurry (semi fluid, pasty concentrate) formed is tipped off and further cooled/ processed to reach the desired end form (moulding/ liquid/ granulation) The striking point/ brix content are different for the different forms of jiggery.
The Narsinghpur district is popular for Gur Manufacturing; generally, farmers are involved in jiggery production without boiler unit. At present, there are around 911 jiggery units in the area as per information received from District Industries Center Narsinghpur as per Udyog Adhaar Registration system. The Jiggery production is mainly operated in mid of November to February month as per availability of sugar cane. The jiggery units are installed and operational for temporally basis most of the jiggery units are situated in the agriculture field of the farmers. Location of jiggery units is also change according to their own suitability. This sector is food processing and un-organized.
The CPCB has issued Guidelines for Pollution Control in Kolhus vide letter No. 2541 dated 13/06/2018 as follows: - 1- The Kolhus shall not be allowed to set up at locations within 0.5 km distance from approved habitation, schools, hospitals and the sensitive zones.
2- Only dried bagasse, wood and the agricultural residues/wastes shall be used as fuel. In no case rubber, used tyres, plastic etc. shall be fired in furnace.
3- Improved/energy efficient furnace shall be used by Kolhus. The furnace shall be made of masonry bricks or refractory bricks. Use of mud or soil in place of bricks should be avoided. The furnace shall be constructed in such a way that it ensures multi-pan (more than one pan in series) heating as shown in Figure(s) below for utilization of heat contained by flue gases. The Pan 3 is used for evaporation of the juice to achieve the desired concentration for making Jaggery/Gur. The hot flue gases further transfer heat to preheat the Pan 2 and Pan 1 The number of Pans may range from 2 to 5 depending upon the design of furnace. As the flue gas transfer the heat to the Pan, its temperature reduces. The remaining heat in the flue gas is further utilized to preheat the 6 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors.
juice in the subsequent Pans. The Kolhus with production capacity of ñ 2 MT/day have a choice to adopt either single pan or multi- pan arrangement.
4- A flap shall be installed on fuel feed hole of furnace to control excess air. There shall be provision of fire grate for efficient burning of fuel in the furnace. The ash generated would be collected from bottom of the furnace. A provision of baffles in flue gas path leading to stack (chimney) should be made to contain the particulate matter.
5- The height of stack shall be prescribed by the State Pollution Control Board depending upon the local conditions, but it shall not be less than 10 m. The Kolhus without stack shall not be permitted. 6- The limit of particulate matter (PM) in flue gas shall be prescribed by the State Pollution Control Board depending upon the local conditions, but it shall not be more than 500 mg/Nm3. 7- The solid wastes generated from the Kolhus shall be reused or properly disposed. The bagasse shall be used as fuel in the furnace. Scum collected from pan and ash shall be utilized as soil conditioner in agricultural land. 8- The washings of pans shall be disposed through soak pit. 9- The Kolhus shall ensure cleanliness and hygienic conditions in the premises Category of the Industry: - Generally, the cost of the jiggery units is less than 10 lack which are register under micro level units it is respectfully submitted that the jiggery units/Kolhus without boiler are falls in white category of industry as per MP gazette Notification dated 20/01/2017 which are exempted from consent from MPPCB.
About Air Pollution: - Generally jiggery units/Kolhus are installed in the agriculture field by farmer and located more than 500 meters away from residential area. All the jiggery unit without boiler is using Baggas as a fuel as per CPCB guideline. Generally, height of the stack is 12-15 feet which is attached to furnace. As per the CPCB guideline height of the stack shall be 10 meters. About Water Pollution: - The water is use for washing of pan after some interval and disposed though soak pit in their own agriculture land. water pollution problem is not found in the area from jiggery units/Kolhus.
About Solid Waste: - The solid waste is generated from Kolhus (Jaggery Units) are baggas, Scum Collected from pan and ash. 7 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors.
Baggas is used as a fuel in Kolhus and Scum collected from pan and ash is utilized as a soil conditional in agriculture land hence problem of solid waste is not observed.
Action Taken by MPPCB: - No inspection could be conducted because to units are operation in this duration. They will commence operations in November/December. The Jiggery units are un-organized sector which is changing their location to their suitability. The units are temporally and seasonal, Hence Board has issued letter to following organization regarding compliance of CPCB guidelines.
i. The Regional office MPPCB has issued the letter to District Collector, Food Department & SDM Narsinghpur, Gadarwara & Kareli, District- Narsinghpur regarding compliance of guideline issued by CPCB. Vide letter No. 782 dated 31/08/2021 & Letter No. 1360 dated 23/09/2024.
ii. The Regional office MPPCB has issued the letter to Superintendent Engineer Madhya Pradesh Viduyat Vitran Compnay Limited District-Narsinghpur for not provide power supply compliance of CPCB guidelines. Vide letter No. 1288 dated 24/11/2021 & Letter No 1358 dated 23/09/2024. iii. The list of jiggery units is received from DIC Narsinghpur which is registered in Udyog Adhaar System. Regional office MPPCB has issued the letter to the all-jiggery units.
Recommendations: -
1. The Jiggery production is mainly operated from mid of November to February month as per availability of sugar cane. Due to unorganized nature, availability of sugar cane, seasonal industry & temporary basis of jiggery units it is difficult for compliance of CPCB guideline. Location of jiggery units is also change according to their own suitability.
2. All the jiggery unit (without boiler) comes under micro scale (tiny unit) which are the self registered in MSME portal according to their suitability.
3. The Sector is unorganized sector and a part of agricultural allied activities hence it would be appropriate that local Administration, food department, Industry Departments & Agriculture departments shall initiate the action against the violators units."8
O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors.
5. The General Manager, District Udyog Kendra, Narsinghpur, has submitted the report that there are 911 units operating in this field in the District-Narsinghpur and further informed that the CPCB has issued guidelines for pollution control in Kolhus and these guidelines have been forwarded to the authorities concerned for compliance. The Madhya Pradesh Government vide Notification dated 27.12.2016 (MPPCB) issued the list of units coming in the White category industries and submitted that these units come within the 'White' category. Another list has been filed by the Regional Officer, State PCB, Jabalpur, that approximately 304 units are operating in the Jabalpur.
6. In response to the notice, the CPCB argued that the matter relates to illegal operation of jaggery units (Kolhus) across the various districts of Madhya Pradesh mainly Narsinghpur and it is further submitted that in view of the guidelines issued in O.A. No.754/2017 (Anil Kumar Vs. Union of India & Ors.), the guidelines have been prepared by the CPCB and were issued on 13.06.2018 for compliance. It is further submitted that the said guidelines permit that the Kolhus shall not be allowed to set-up at locations within 0.5 kilometer distance from approved habitation, schools, hospitals and the sensitive zones and only dried bagasse, wood and agriculture residues/waste shall be used as fuel and in no case rubber, used tyres, plastic etc. shall be used as fire in furnace. The height of the stack shall be prescribed by the State PCB depending upon the local conditions but it shall not be less than 10 meters. There are other conditions laid down by the CPCB.
9 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors.
7. An application has been made by some interveners through the Counsel Mr. Dharamvir Sharma, and they have been allowed to participate in the proceedings and were heard.
8. The issue was previously raised in O.A. No.81/2021(CZ) and vide order dated 11.01.2022 certain directions have been issued with further observations that the recommendations and the guidelines issued by the CPCB must be strictly complied with.
9. The submissions of the learned Counsel Mr. Kanishk Devesh Sharma for the Intervener are that there are over four thousand illegally operational jaggery production units in the state of Madhya Pradesh which generate suspended particulate material and have furnaces and small three-four meters stack height made from mud or local brick which cause inefficient burning of fuel and generates dark cloud of smoke consisting of Carbon Monoxide, Carbon Dioxide and Fine and Ultrafine Particulate Matter which cause various kinds of diseases to the nearby residents. It is important to note that these units are operational without any valid consent from the relevant authorities, and there is no adherence to the waste management rules, or concern regarding the life of the humans, flora and fauna alike. It is stated that in the District of Datia alone, there are close to eight hundred operational units and upon filing of the RTI in this regard, the intervention applicant found that only two of these units have been granted permits from the relevant authorities, i.e. - (i) Priya Jaggery and Agro Product and (ii) Pitambara Sugar and Power Ltd.
10. It is further argued that the Madhya Pradesh Pollution Control Board, Gwalior had issued notices to around one hundred and forty eight units regarding the illegal operation of the units and the 10 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors. pollution caused thereby however, no action has been taken against any of the said units and that extreme pollution is being caused because of these units.
11. The Applicant and the Intervener have relied on a case study conducted under the CPCB headed by Dr. Purnima Sharma with the four member Committee which submitted the report in the year 2018 and it was found that Kolhu industries produce Gur/Jaggery from the sugarcane juice and are one of the large agro-based unorganized cottage sectors in India. There is practice to use sap of palm trees for Gur making. Kolhus are owned and operated by farmers using knowledge and expertise gained over generations. It is stated that the Kolhu units are constructed using locally available resources such as bricks, soil and mud, and use sugarcane bagasse as fuel. At present, the consumption of sugarcane for jaggery production is 6.8% as given in Table 1.1. The remaining sugarcane is used by sugar industries and khandsari industries:
"Table 1.1: Production of Gur/Jaggery Sugarcane Sugarcane utilization in Estimated Gur/Jaggery Year production Gur/Jaggery making (%) production (million ton) (million ton) 1970-71 126.4 49.80 6.29 1980-81 154.3 46.76 7.22 1990-91 241.0 27.55 6.64 2000-01 296.0 21.10 6.25 2010-11 342.4 10.10 3.45 2013-14 350.0 06.80 2.38 Source: ICAR-IISR, 2015 and Jagannath Rao et.al., 2007.
It can be noticed from Table 1.1 that the production of Gur/Jaggery has shown decline trend over the decades, which may be due to emergence of sugar industries in large numbers, lack of hygiene, quality of products, changing food habits of population and economics involve in the Gur/Jaggery production. However, these 11 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors. units are still popular in sugarcane growing states namely, Uttar Pradesh, Maharashtra, Tamil Nadu, Karnataka and Andhra Pradesh. These industries are seasonal and temporary in nature, and hence, their precise numbers are not available. Gur/Jaggery is reported to have higher nutritional value as compared to the sugar. Gur/Jaggery preserves all the minerals and vitamins present in sugarcane juice such as Calcium, Iron, Phosphorous etc. Contrary to this, in sugar manufacturing, valuable nutrients and minerals are removed along with molasses. It is stated that the Air pollution from these industries recently attracted public attention. The Central Pollution Control Board (CPCB) has seized with the pollution problems arising out of Gur/Jaggery making and conducted studies to suggest the remedial measures for containment of pollution from such industries. This report seeks to give an overview of Gur Jaggery making industries (Kulhus) including process, pollution potential and the guideline for pollution control.
CHAPTER 2. Production Process A conventional one to three pan Kolhu plant consists of following units:
i. Sugarcane crusher
ii. Boiling pan(s)
iii. Furnace
The Kolhus use horizontal or vertical rollers to extract juice from the sugarcane. Boiling pans are large shallow but thick vessels called 'Karahi. The furnace is constructed using ordinary masonry bricks, cement, sand and earth clay. As per production capacity, furnace is designed to cater to one or more pans in series to make a counter current with hot gases flow. The juice is added in the first pan only and is preheated with the heat contained in the flue gases. The preheated juice from the first pan is transferred to the second pan and from the second pan to the next one. The last pan is positioned above fuel combustion stage, wherein actual boiling and evaporation takes place. The maximum temperature is found in the last boiling pan, which is around 1000 °C. Heat transfer under this boiling pan is mainly through convection and radiation. Other pans installed downstream of the flue gas also fetch heat through convection from the hot flue gases moving towards the 12 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors.
chimney under a natural draft. Due to rigorous heating and evaporation, the juice in the last pan gets thickened and is removed when desired concentration is reached. The hot concentrate is poured in a mould of desired shape and size to get final product that is Gur/Jaggery. The Kulhus involves following stages of production:
i. Extraction of juice ii. Clarification of juice iii. Concentration of juice 2.1 Extraction of juice The Kolhus use two rollers or three roller crusher assembly (Figure 2.1). The top roller can be moved up or down by screw jack to adjust the pressure between top and bottom rollers as per the requirement. The crushers are locally available or can be fabricated by artisans or blacksmiths. It is driven by electric motor or diesel engine. The extraction of juice from sugarcane crusher is found in the range of 50 to 70% of total sugarcane crushed. After extraction of the juice, suspended matters are removed by cotton cloth or fine mesh screen before further processing.
CHAPTER 4. Issues Concerning to Kolhus i. The furnaces of the Kolhu plants are not properly constructed. A large proportion of produced heat is wasted and hence, black smoke is generally observed through the chimney. Poor construction of furnace leads to excessive heat loss, resulting in excess fuel consumption, which in turn causes more pollution from stack. In order to make the furnace more energy efficient, the furnace can be constructed using masonry bricks or refractory bricks. Use of mud or soil in place of bricks should be avoided. The furnace may be constructed in such a way that it ensures multi- pan heating. The flue gas path, in multi-pan heating arrangement, should tapers down as the flue gas moves towards the chimney. As the flue gas transfers heat to the pan(s), its temperature reduces that reduce volume of gases. Accordingly, the flue gas path tapering is required to maintain proper pressure and velocity of the flue gas.
13 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors.
ii. Kolhus generally have open fuel feed hole. This may result in excess air flow in furnace. The excess air absorbs considerable amount of heat and reduce heating capacity of furnace. There is need to install a flap on fuel feed hole to control excess air. Another system called Jali type Bhatti was also observed, in which flap is not required as it needs small opening for the fuel feed. iii. It was noticed that fire grate is not provided in the furnace. A fire grate is suggested for complete burning of fuel. The ash generated is collected from bottom of the furnace, while the gases constantly move up and follow flue gas path leading to chimney. In addition, provision of baffles in the flue gas path can reduce particulate matter in emissions.
iv. Chimney is constructed using mud, soil etc., with inadequate height. Due to inadequate chimney height, the dispersion of pollutants does not occur in a proper way. There is need to provide chimney of adequate height consisting of bricks and cement. v. Beside the bagasse, rubber and its allied products are also used as a fuel by some Kolhus, which produces hazardous gases. vi. Technological intervention and measures for modernisation of Kolhus are inadequate.
CHAPTER 5. Guidelines for Pollution Control Based on inspection reports and literature survey, the following guidelines for pollution control in Kolhus are recommended:
1. The Kolhus shall not be allowed to set up at locations within 0.5 km distance from approved habitation, schools, hospitals and the sensitive zones. The limit should be made more stringent if the local conditions demand so.
2. Only dried bagasse, wood and the agricultural residues/wastes shall be used as fuel. In no case rubber, used tyres, plastic etc. shall be fired in furnace.
3. Improved/energy efficient furnace shall be used by Kolhus. The furnace shall be made of masonry bricks or refractory bricks. Use of mud or soil in place of bricks should be avoided. The furnace shall be constructed in such a way that it ensures multi-pan (more than one pan in series) heating as shown in Figure 5.1(a) or Figure 5.1(b) for utilisation of heat contained by flue gases. The Pan 3 is used for 14 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors.
evaporation of the juice to achieve the desired concentration for making Jaggery/Gur. The hot flue gases further transfer heat to preheat the Pan 2 and Pan 1.
The number of Pans may range from 2 to 5 depending upon the design of furnace. As the flue gas transfer the heat to the Pan, its temperature reduces. The remaining heat in the flue gas is further utilised to preheat the juice in the subsequent Pans. The Kolhus with production capacity of less than or equal to 2 ton/day have a choice to adopt either single pan or multi-pan arrangement.
4. A flap shall be installed on fuel feed hole of furnace to control excess air. Another system called Jali Type Bhatti was also observed, in which flap is not required as it needs small opening for fuel feed.
5. There shall be provision of fire grate for efficient burning of fuel in the furnace. The ash generated would be collected from bottom of the furnace. A provision of baffles in flue gas path leading to stack (chimney) should be made to contain the particulate matter.
6. The height of stack shall be prescribed by the State Pollution Control Board depending upon the local conditions. The Kolhus without stack shall not be permitted.
7. The limit of particulate matter (PM) in flue gas shall be prescribed by the State Pollution Control Board depending upon the local conditions.
8. The solid wastes generated from the Kolhus shall be reused or properly disposed. The bagasse shall be used as fuel in the furnace. Scum collected from pan and ash shall be utilised as soil conditioner in agricultural land.
9. The washings of pans shall be disposed through soak pit.
10. The Kolhus shall ensure cleanliness and hygienic conditions in the premises."
15 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors.
12. The CPCB has further assessed and issued another guidelines containing the same facts vide order and letter correspondence dated August 13th, 2019.
13. The Council of Scientific and Industrial Research (CSIR), New Delhi, has prepared a study and tried best to improve jaggery making plant (Gur Bhatti). The reports are as follows:-
"101. IMPROVED JAGGERY MAKING PLANT "GUR BHATTI"
"CSIR Laboratory CSIR-Indian Institute of Petroleum (IIP), Dehradun Description of the Jaggery making is one of the prominent technology/process cottage industries of rural India.
The industry was struggling with the issues of low profitability and stringent pollution norms.
The technology developed by CSIR-Indian Institute of Petroleum therefore relates to an improved design of Jaggery making plant (Gur Bhatti) that results in 15% increased daily Jaggery production capacity and nearly 25% Fuel (Bagasse) savings.
The plant smoke emissions are also
reduced to minimum levels.
The present technology has played an
important role in providing employment to
rural masses, improved the quality of life by lowering local pollution and also helped in generating additional income to sugarcane farmers.
With more than 50 installations so far, the
present technology can also be
implemented as a potential start-up.
IPR Status Nil
Beneficiaries Sugarcane Farmers
Deployment status Technology / Know-How Transferred to more
than 50 installations and deployed at
16
O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया
appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors.
Kurkawala / Dehradun / Uttarakhand
Shergarh / Dehradun / Uttarakhand
Majhagwan / Gonda / U.P
Biharigarh / Saharanpur / U.P.
Process for 25% Fuel (Bagasse) saving, 15% Increased
addressing daily production capacity, Smoke reduction,
Need Improved plant life, Payback period of one
season. The unique features are based on the
comparison with conventional plants.
Council of Scientific and Industrial Research Press Release CSIR-Indian Institute of Petroleum (CSIR-IIP), Dehradun Wins CSIR Award for S&T Innovations for Rural Development (CAIRD)-2016 .............x................x....................x.................x...............
In rural India, Jaggery making is one of the major industries. It is a traditional industry and has been struggling for survival due to the heavy pollution, low productivity and thus low profitability. Nearly 25% of total sugarcane produced in the country is converted into Jaggery. The conventional plant and process being less profitable, makes the business operations difficult and thus many units in the rural areas have been closing. Besides this, Carbon Monoxide (CO) levels during initial firing and smoke level during operation of the conventional plant are much above the safe permissible limits.
CSIR-IIP developed eco-friendly and energy efficient Jaggery Plant (Gur Bhatti), to revive the traditional Jaggery industry by making the business profitable and protect the environment. The low cost techniques applied in the improved plant reduced the emissions to significant levels and improved the overall thermal efficiency of the plant. The CSIR-IIP plant saves 25% fuel and enhances production by 15%, resulting in higher profitability. The additional cost of the improved plant is nominal and can be recovered in a duration of one year.
The improved Jaggery making plant has also been widely popularized by CSIR-IIP involving live demonstration at the sites, motivating farmers and rural masses. This resulted in quick 17 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors.
adoption of the innovative plant & process and more than 40 of such units have been installed in the rural areas of Uttar Pradesh and Uttarakhand.
PREPARATION OF TRADITIONAL SWEETENER AND AUTOMATION TECHNIQUES IN INDIA
1. INTRODUCTION The traditional sweetener making is the most ancient agent who is prepare in small or large scale in cottage industry in India. This is low grade non-centrifugal sweetener mostly consumed in India, Africa, America, Bangladesh, Pakistan, Myanmar and other countries. It indicates that about 30% sweetener need is provided by jaggery. It is a pure, unrefined traditional form of sweetener. It has good source of nutrients like calcium, iron, and phosphorous and good health proteins. In last few decades the consumption of jaggrey has fallen significantly by almost half due to use of chemicals in preparation of jaggery. Chemicals like lime, phosphoric acid and hydros powder are used as clarificant to enhance colour of jaggery. Traces of these chemicals in jaggery are harmful to human health. Historically, the sugar cane cultivators used crushers which were ox-driven. Conventional jaggery making with a pan furnace consumes all bagasse for evaporation of water. The conventional method of jaggery making is done manually which more time is consuming, having lots of wastage like molasses, bagasse and it need more human monitoring throughout the manufacturing process. This manual manufacturing mechanism may leads decreases the production rate, quality of jaggery and increases man power requirement. To overcome this all difficulty in preparation of traditional sweetener (jaggery) use of automatic power crusher, open pan lifting mechanism, proper furnace mechanism for pollution control, thermocouple for sensing temperature to overcome the use of bagasse, it improve quality of jaggery. The quality of jaggery helps to get more profit in single pan mechanism as well as decrease the labor problems.
........x........................x....................x..............x...................
5. Use of additives 18 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors.
The additives can be used as a clarificant in preparation of jaggery. Various vegetative and chemical clarificant viz deola, okra, phalsa, sukhlai, castor, groundnut, soya bean, hydros (sodium hydrosulphite), lime, ash and sodium carbonate, superphosphate and alum, were tried for clarification of juice for production of quality jaggery. Out of the various clarificant okra has been found very effective at juice pH of 0, which belongs from genus abelmoschus/ esculentus from family malvaceae. Producing superior quality jaggery with high-sucrose content and low- reducing sugars, absorbing minimum possible moisture and having better storability add 500ml of okra juice in 5 ltr water for single pan which gives more residues for quality and pure organic jaggery is prepared. The quality of the jaggery is judged by its color; brown means it is higher in impurities and golden-yellow implies it is relatively pure. Due to this grading scale there are malpractices of adding color or harmful chemicals to simulate the golden color.
6. CONCLUSION This system automates power mechanism overcome the labor problem up to 80% less, which helps to reduce the cost of preparation of jaggery. The temperature sensor helps to address the required temperature. When the juice starts frothing from this time onwards the fire is to be regulated to prevent caramelization of the sugar. This indirectly helps to save the bagasse which gives additional revenue. The manufacturing of the Jaggery production against the traditional manufacturing method is to benefit the rural economy. It provides organic and hygienic quality Jaggery by increasing the rate of production utilizing very less man power and thus using all the resources efficiently. The system uses low cost machinery and fewer infrastructures."
14. Learned Counsel Mr. Kanishk Devesh Sharma has relied on the research paper and submitted that the illegally operated jaggery production units are one of the major sources of air pollution in the State of Madhya Pradesh (and in the entire country) and the smoke emitted in the process consists of pollutants such as Carbon 19 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors. Monoxide, and fine and ultrafine particulate matter (PM 2.5) and Carbon Dioxide. It is pertinent to note that in a very recent research "Tyagi, S. & Tyagi, Naveen & Agarwal, Krishnakant & Sharma, U & Tyagi, Vineet & Kamboj, Sachin. (2021)" it was found that:-
"...Emissions Reduction and Fuel Saving Potentials in Jaggery Industry via Cleaner Combustion. International Journal of Ambient Energy. 43. 10.1080/01430750.2021.1914726. The unrefined brown sugar (Jaggery) is a traditional sweetener which is prepared by removing water from the sugarcane juice through continuous heating and stirring process and the sundried bagasse, which a by-product in this process is consumed as the fuel. The jaggery plant being a traditional seasonal rural industry are using an open hearth furnace, having very poor thermal performance and combustion characteristics, leads to huge emission of harmful pollutants. Among different pollutants that are released into the environment, the most impactful elements to human health are the fine and ultrafine particulate matters (PM 2.5, particulate matter with aerodynamic diameter of 2.5 micrometer and lesser) and carbon monoxide (CO). Besides, the lower thermal performance leads to consumption of higher amount and emission of larger quantity of carbon dioxide (CO2), a greenhouse gas (GHG) and a potential global warming pollutant. An experimentally study in the laboratory on a recently developed combustion device exhibits that the harmful emissions from the jaggery industry could be reduced drastically viz. PM2.5 95%-99%, CO 92%-97%, and CO2 52- 66%, while saving more than 35% of bagasse consumption in jaggery production. This corresponds to about USD 0.735-1.26 billion annual additional revenue to the rural intreperneurs from the bagasse savings. Further, it is estimated that implemented at national scale, it could correspond to a reduction of nearly 3% of all emissions in the country, which could be equally applicable to other developing countries in different regions of the world..."
15. It is further submitted that the aforesaid pollutants emitted from the illegal jaggery production units cause irreparable harm to the environment and are a cause of diseases including but not limited to 20 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors. respiratory diseases, inflammation, heart diseases, diabetes, cancer, hypertension, oxidative stress, and could induce other kinds of systemic effects on the human bodies making the children and the old aged people specially vulnerable to the same.
16. Learned counsel has further submitted that in the District-Datia there are approximately 148 units and in Tehsil Baroni the number of power crushers is approximately 48 while in Tehsil-Indargarh the number of power crusher is approximately 100. The CPCB has issued two guidelines first in 2018 and second in 2019 both the guidelines are quoted below:-
"Guidelines for Pollution Control in Kolhus (2018)
1. The Kolhus shall not be allowed to set up at locations within 0.5 km distance from approved habitation, schools, hospitals and the sensitive zones.
2. Only dried bagasse, wood and the agricultural residues/wastes shall be used as fuel. In no case rubber, used tyres, plastic etc. shall be fired in furnace.
3. Improved/energy efficient furnace shall be used by Kolhus. The furnace shall be made of masonry bricks or refractory bricks. Use of mud or soil in place of bricks should be avoided. The furnace shall be constructed in such a way that it ensures multi- pan (more than one pan in series) heating as shown in Figure(s) below for utilisation of heat contained by flue gases. The Pan 3 is used for evaporation of the juice to achieve the desired concentration for making Jaggery/Gur. The hot flue gases further transfer heat to preheat the Pan 2 and Pan 1.
The number of Pans may range from 2 to 5 depending upon the design of furnace. As the flue gas transfer the heat to the Pan, its temperature reduces. The remaining heat in the flue gas is further utilised to preheat the juice in the subsequent Pans. The Kolhus with production capacity of <= 2MT/day have a choice to adopt either single pan or multi-pan arrangement.
4. A flap shall be installed on fuel feed hole of furnace to control excess air. There shall be provision of fire grate for efficient 21 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors.
burning of fuel in the furnace. The ash generated would be collected from bottom of the furnace. A provision of baffles in flue gas path leading to stack (chimney) should be made to contain the particulate matter.
5. The height of stack shall be prescribed by the State Pollution Control Board depending upon the local conditions, but it shall not be less than 10 m. The Kolhus without stack shall not be permitted.
6. The limit of particulate matter (PM) in flue gas shall be prescribed by the State Pollution Control Board depending upon the local conditions, but it shall not be more than 500mg / Nm3.
7. The solid wastes generated from the Kolhus shall be reused or properly disposed. The bagasse shall be used as fuel in the furnace. Scum collected from pan and ash shall be utilised as soil conditioner in agricultural land.
8. The washings of pans shall be disposed through soak pit.
9. The Kolhus shall ensure cleanliness and hygienic conditions in the premises.
17. The guidelines issued by the Central Pollution Control Board on 13.08.2019 are as follows:-
Guidelines for Pollution Control in Kolhus (Jaggery Units)
1. The Kolhus shall not be allowed to set up at locations within 0.5 km distance from approved habitation, schools, hospitals and the sensitive zones.
2. Only dried bagasse, wood and the agricultural residues/wastes shall be used as fuel. In no case rubber, used tyres, plastic etc. shall be fired in furnace.
3. Improved/energy efficient furnace shall be used by Kolhus. The furnace shall be made of masonry bricks or refractory bricks. Use of mud or soil in place of bricks should be avoided. The furnace shall be constructed in such a way that it ensures multi-pan (more than one pan in series) heating as shown in Figure(s) below for utilisation of heat contained by flue gases. The Pan 3 is used for evaporation of the juice to achieve the desired concentration for making Jaggery/Gur. The hot flue gases further transfer heat to preheat the Pan 2 and Pan 1.22
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The number of Pans may range from 2 to 5 depending upon the design of furnace. As the flue gas transfer the heat to the Pan, its temperature reduces. The remaining heat in the flue gas is further utilised to preheat the juice in the subsequent Pans. The Kolhus with production capacity of ≤ 2 MT/day have a choice to adopt either single pan or multi-pan arrangement.
4. A flap shall be installed on fuel feed hole of furnace to control excess air. There shall be provision of fire grate for efficient burning of fuel in the furnace. The ash generated would be collected from bottom of the furnace. A provision of baffles in flue gas path leading to stack (chimney) should be made to contain the particulate matter.
5. The height of stack shall be prescribed by the State Pollution Control Board depending upon the local conditions, but it shall not be less than 10 m. The Kolhus without stack shall not be permitted.
6. The limit of particulate matter (PM) in flue gas shall be prescribed by the State Pollution Control Board depending upon the local conditions, but it shall not be more than 500 mg/Nm³.
7. The solid wastes generated from the Kolhus shall be reused or properly disposed. The bagasse shall be used as fuel in the furnace. Scum collected from pan and ash shall be utilised as soil conditioner in agricultural land.
8.. The washings of pans shall be disposed through soak pit.
9. The Kolhus shall ensure cleanliness and hygienic conditions in the premises."
18. The Commissioner, Sugarcane, State of Madhya Pradesh has filed the reply with the details of the operating units and the learned counsel appearing for the State Respondents Mr. Mehul Bhardwaj has submitted that under the provisions of the Madhya Pradesh Sugarcane (Supply and Purchase Regulation) Act, 1958, the scope and jurisdiction of the Act are specifically confined to the regulation of the supply and purchase of sugarcane. It does not extend to matters relating to the environmental impact or pollution caused by ancillary industries or activities, such as jaggery crushers. 23 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors. Consequently, the control, monitoring, or regulation of pollution emanating from the operation of jaggery crushers lies outside the ambit of the Act. It is stated that by virtue of the powers conferred under Sub-Clause (2) (a) of Clause (2) of the Madhya Pradesh Sugarcane (Purchase Regulation) Order, 1974, as notified by the Government of Madhya Pradesh, Commerce and Industries Department, through Notification No. 1(A)-9/74-A-11 dated 17th December 1974, published in the Madhya Pradesh Gazette (Extraordinary), Serial No. 240, Bhopal, dated 13th December 1974, the following officials are appointed as Licensing Authorities are; 1) Director of Industries Madhya Pradesh; 2) Additional Director of Industries, Madhya Pradesh and; 3) Joint Director of Industries, Madhya Pradesh. It is further stated that Clause 8 of the Madhya Pradesh Sugarcane Crushers Licensing Order, 1974, the State Government of Madhya Pradesh, Commerce and Industries Department, vide Notification No. (A)-1974-44 dated 17th December 1974, authorizes the officers below purposes of the said entry search and seizure within their respective jurisdictions:-
i. Director of Industries, Madhya Pradesh ii. Additional Director of Industries, Madhya Pradesh iii. Joint Director of Industries, Madhya Pradesh iv. Deputy Director of Industries, Madhya Pradesh v. Assistant Director of Industries, Madhya Pradesh vi. Industries Inspector, Madhya Pradesh vii. Assistant Director, Agriculture Department, Madhya Pradesh viii. Assistant Director (Sugarcane Development), Madhya Pradesh ix. Tehsildar, Madhya Pradesh 24 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors.
x. Industries Extension Officer, Madhya Pradesh
19. It is further submitted that vide Order dated 25.09.2024, Collector, Narsinghpur, the abovementioned officials were specifically instructed to ensure strict adherence to the provisions of the Madhya Pradesh Sugarcane Crushers obligation of these officials to diligently monitor and inspect the operations of Khandsari and Jaggery industries within their respective jurisdictions. Such inspections are to be conducted on a regular basis to ascertain compliance with the prescribed statutory requirements and regulatory norms. Furthermore, the order unequivocally directed the officials to discharge their duties with utmost rigor, ensuring that all activities associated with these industries align with the objectives and stipulations of the aforementioned Licensing Order, thereby fostering accountability and regulatory compliance. It is also submitted that the licensing and related matters concerning the Jaggery industry and Khandsari fall under the purview of the Industries Department as part of small and medium industries. The operation and regulation of these industries are carried out by the Industries Department.
20. It is further submitted that the State of Madhya Pradesh in exercise of powers conferred by Clause G and sub-clause (a) of Clause 7 of the of the Sugarcane (Control) Order, 1936, read with Government of India, Ministry of Food, Agriculture, Community Development and Cooperation (Food Department) Notification dated 16.07.1966, the State has notified the crushes and power crushers as follows:-
"............x...................x................x.................x...............25
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2. Definitions.- (1) In this order unless the context otherwise required. -
(a) "Crusher" means a crusher drawn by bullock or any other animal and engaged or ordinarily engaged in the crushing of sugarcane and includes any equipment for manufacturing gur, shakkar, gul, jaggery, rab or khandsari sugar;
(b) "Power Crusher" means a crusher working-with-the aid of diesel, electrical or steam power and engaged or ordinarily engaged in crushing sugarcane and extracting juice therefrom for the manufacture of gur, shakkar, gul, Jaggery, rab or khandsari sugar;
(c) "Form" means a form appended to this order;
(d) "Licencing Authority" means an officer appointed to be a licensing authority by the State Government for the purpose of this order;
(e) "Reserved Area" means an area reserved for factories under Section 15 of the Madhya Pradesh Sugarcane (Regulation of Supply and Purchase) Act, 1358 (No.1 of 1959).
(2) Words and expressions defined in the Sugarcane (Control) Order, 1966, and used in this order shall have the same meaning as is assigned to them in the said order.
(3) Licensing of crushers. (1) No person shall work or cause to be worked a crusher in the reserved areas except under and in accordance with the terms and conditions of a licence issued in this behalf by the licensing authority, Provided that a person working a crusher in the reserved area immediately before the commencement of this order within 21 days of the issue of this order, apply for a license in accordance with the provisions of this order.
(2) Provision of sub-section J(1) shall not affect the bullock driven crushers of sugarcane grower or sugarcane grower's associations.
4. Issue of Licence.-(1) Every application for a licence shall be made to the licensing authority in Form A. 26 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors.
(3) Every licence issued under this order shall be in Form E and shall be subject to the conditions specified therein.
5. Period for which licence shall be valid and fees for licence. (1) Every licence issued under this order shall be valid up to 30th September each year. Every licensee shall have to obtain a fresh licence after this date of expiry within 21 days and shall have to apply for the same within this period.
(2) The fees of Rs. 10.00 (Rs. ten) shall be chargeable in respect of each licence.
(3) A separate licence shall be necessary for each place or locality where crusher is worked.
(4) If the licence is defaced, lost or destroyed, the licensing authority may issue a duplicate licence on an application being made by the licensee."
21. A report has been called from the State PCB with details and action taken and it has been argued by the learned counsel for the State PCB Ms. Parul Bhadoria that presently the environmental norms applicable on jaggery units are the Central Pollution Control Board guidelines for pollution control in Kolhus dated 13.08.2019 an further that the MPPCB had written to the District Collector, Narsighpur regarding ensuring compliances of the CPCB guidelines by the jiggery units (Annexure V of the First Report). The Board had also written to the Superintendent Engineer Madhya Pradesh Viduyat Vitran Company Limited District-Narsinghpur for not supplying electricity to the jiggery units which were not complying with the CPCB Guidelines. The Board has again issued reminder letters to the office of District Collector and Electricity Department as well.
22. The study and summary report with regard to air quality clearly press certain violations of CPCB guidelines but, however, before taking any remedial measures against violation, certain issues and challenges 27 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors. must be considered and these challenges have been enumerated by the State PCB as follows:-
"The concentrations of PM10 and PM2.5 exceeding the NAAQS 2009 limits, indicating a significant air pollution problem in the define regions. This may a potential health risk to the local population due to the heavy dust and the surrounding environment, suggesting a need for improved air pollution control measures in the Jaggery units. The guideline issued by the Central Pollution Control Board (CPCB) in letter No. 2541 dated 13/06/2018 there is a need for better air pollution management practices, such as increased stack heights, and possibly relocating some units away from residential areas to mitigate the impact of air pollution. The guidelines issued by CPCB to control pollution from Kolhus have imposed their restrictions on proximity to residential areas, schools, and hospitals (min. 0.5 km). The guideline also prescribed that specific fuels like bagasse and agricultural residues allowed, Use of energy-efficient masonry furnaces with multi-pan setups, Minimum stack height shall be of 10 meters and proper re-use of solid waste and its proper disposal (e.g., bagasse as fuel, ash as soil conditioner).Challenges that are been observed during the monitoring are:- the jaggery sector is unorganized and temporary in nature as they keep changing their operator, which make compliance difficult. Most units are micro-scale and located in agricultural fields."
23. The number of Units and Jaggery Furnaces in the State of Madhya Pradesh has been enclosed as follows:-
S. No. Name of Regional Office Number of Jaggery Area Furnaces 1 RO Bhopal Nil 2 RO Mandideep Nil 3 RO Indore Nil 4 RO Pithampur Nil 5 RO Ujjain Nil 6 RO Gwalior Approx.140 Datia Region 7 RO Guna Nil 28 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors. 8 RO Sagar Nil 9 RO Satna Nil 10 RO Rewa Nil 11 RO Singrauli Nil 12 RO Katni Nil 13 RO Shahdol Nil 14 RO Jabalpur Approx.940 Narsingpur, Kareli, Gadarwara,Seoni, Mandala Region 15 RO Chhindwara Approx.207 Betul, Amla, Chhindwara Region
24. It is further submitted that the Central Laboratory in coordination with the Regional Officers conducted monitoring of the areas of Betul, Amla, Chhindwara, Narsingpur, Kareli and Datia. A comprehensive air quality monitoring between November 27th and December, 08th, 2024 was made focused on ambient air quality, ensuring compliance with the National Ambient Air Quality standard and CPCB guidelines an analysis has been submitted as follows:-
2.0. Method:
The jaggery manufacturing process follows two primary methods, viz. 1) Manual Manufacturing Process 2) Automatic Jaggery Manufacturing Process, with the small-scale production method being the most common. Here's a breakdown of the process:
2.1. Manual Manufacturing Process:
Juice Extraction: Fresh sugarcane is harvested, and the juice is extracted. The juice is then filtered to remove impurities. Boiling: The filtered juice is boiled in wide, shallow iron pans. During this process, continuous stirring is done, and soda or bhindi juice is added in the required quantity. As the juice boils, 29 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors. brownish foams rise to the top, which are removed to achieve the desired golden yellow color of the jaggery.
Cooling and Formation: As the consistency of the juice thickens, it is poured into small to medium-sized iron or aluminum cans, where it cools and forms blocks. The size of the jaggery blocks can vary, typically ranging from 1 kg to 12 kg. Packing: After cooling, the jaggery blocks are packed into gunny bags of varying capacities for storage and transport.
Key Details:
Raw Material: The primary raw material is sugarcane, which should have a minimum Brix reading of 19.0. The juice extraction yields about 45% of juice from the sugarcane. By-products and Additives: Soda or bhindi juice is used in the boiling process and is available locally. Yield: From 100 kg of sugarcane, approximately 10 kg of jaggery is produced.
2.2. Automatic Jaggery Manufacturing Process: The automatic jaggery manufacturing process is driven by either an electrical motor or a diesel engine, offering greater efficiency and higher production capacity compared to the manual process. Here's a detailed breakdown of the steps involved:
Juice Extraction: The extraction of juice from sugarcane in the automatic process ranges between 60% to70percent. This is significantly higher than the manual process, ensuring more efficient utilization of raw material. The extracted juice is then filtered to remove suspended impurities, using either cotton cloth or a fine mesh screen.
Clarification and Boiling: After the juice is clarified, the temperature of the boiling mass is increased to around 110- 115°C.The boiling process takes about 2 to 3 hours, during which the juice undergoes evaporation and thickening. Striking Point and Brix Content: Once the desired striking point temperature and brix content are reached, the slurry, which is a semi-fluid or pasty concentrate, is formed.The slurry is then tipped off for further processing.
Cooling and Processing: The slurry is further cooled and processed to achieve the desired final form. Depending on the type 30 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors.
of jaggery being produced, this could involve:
Moulding: Solid jaggery blocks are formed. Liquid: The jaggery is kept in liquid form.
Granulation: The jaggery is processed into small granules.
3.0. Study Area:
3.0.1Betul, Madhya Pradesh: Betul is Municipal Council town in Madhya Pradesh, India. It is the administrative head-quarter of Betul district and forms the southernmost part of the Narmadapuram Division.Betul is located at 21.92°N 77.9°E, near the geographical center point of modern India. It has an average elevation of 658 m (2,159 ft).
3.0.2. Amla, Madhya Pradesh: Amla is a municipality located in Betul district in the Indian state of Madhya Pradesh. It is the administrative centre and only municipality of the Amla Subdivision.Amla is located at 21.924335°N 78.127856°E. The city is divided into 18 wards. Amla is the sub-district headquarters. The district headquarters is Betul.
3.0.3.Chhindwara, Madhya Pradesh: Chhindwara is a major city in India and a Municipal Corporation in the Chhindwara district in the Indian state of Madhya Pradesh.Chhindwarais located at 22.07°N78.93°E. Chhindwara is one of the largest cities in the Satpura range and the largest district in terms of area in Madhya Pradesh.
3.0.4. Narsinghpur, Madhya Pradesh: Narsinghpur district is situated in the central part of Madhya Pradesh in central India. It is a district under Jabalpur division.Narsinghpur islocated at 22.948°N 79.195°E. It has an average elevation of 347 meters (1,138 ft).
3.0.5. Kareli, Madhya Pradesh: Kareli is a city and a Municipality in the Indian state of Madhya Pradesh.Kareli is financial capital of the district Narsinghpur. Kareli is considered as best production town for Jaggery in India. Jaggery produced in Kareli is a single kadhaiJaggery which is highly demanded in many parts of India. Kareli is located at 22.9336171°N 79.0622162°E. It has an average elevation of 348 meters (1,142 ft).Kareli is a Tehsil Headquarter and a Development Block in Narsinghpur District.
3.0.6. Datia, Madhya Pradesh: Datia, also known as 31 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors.
Daityavakra is the district headquarter of the Datia District in north central Madhya Pradesh, a state of Central India.The city is 71 km from Gwalior, 325 km south of New Delhi and 344 km north of Bhopal.Datia is located at 25.67°N 78.47°E.It has an average elevation of 302 meters (990 feet).
Total 5 Sampling locations each were selected at Betul, Amla, Chhindwara, Narsingpur& Kareli regions and 9 Sampling locations were selected at Datia region are monitored during the operational time of the Jaggery unit.
Table No:-1 Ambient Air Monitoring Location Details as per NGT OA Number 215/2024 (CZ), 1092/2024 (PB) Dated 08.11.2024 Betul Region S.No. Sampling Location Locat Latitude Longitude Unit Contact ion Representati Number Code ve
1. Near NH-47, Kosmi, (B-1) 21°53'36"N 77°52'38"E Shri Bharat 9752392 Betul (M.P) approx. 20 Yadav 832 meter from highway
2. Near NH-47, Badora, (B-2) 21°52'51"N 77°53'25"E Shri Omkar 8770204 Betul (M.P) approx. Sherle 805 100 meter from highway
3. Near Four Lane Road, (B-3) 21°52'02"N 77°55'11"E Shri Sunil 8077698 Betul (M.P) approx. 50 Kashyap 077 meter from highway
4. Near village (B-4) 21°51'57"N 77°55'20"E Shri Arjun 8534049 Arjunwadi, Betul, Verma 466 (M.P)
5. Near village Guwadi, (B-5) 22°02'28"N 78°00'56"E Shri Anant Mehto 9425637 Ranipur road, Betul 880 (M.P) approx. 50 meter away from main road Amla Region
1. Near village (A-1) 22°00'00"N 78°18'00"E Shri Ramesh 8770895 Borikhurd, panchayat Yadav 254 borikhurd,Amladistbet ul (M.P) approx. 50 meter away from main road
2. Near village Shivpuri, (A-2) 21°57'57"N 78°10'30"E Shri Kaliram 8349608 borikhurd,Amladistbet Dathoriya 501 ul (M.P) approx. 50 meter away from main road
3. Near village Shivpuri, (A-3) 21°58'10"N 78°10'40"E Shri Jagdish 9522156 borikhurd,Amladistbet Patwari 069 32 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors. ul (M.P) approx. 50 meter away from main road
4. Near village Hasalpur, (A-4) 21°55'21"N 78°05'51"E Shri Harish 9425671 Amla distbetul (M.P) Sahu 184 approx. 50 meter away from main road
5. Near village (A-5) 21°59'19"N 78°19'19"E ShriPittu 9131355 Dehalwada, Bordehi, Yadav 808 Amla dist Betul (M.P) approx. 50 meter away from main road Narsinghpur Region
1. Near village (N-1) 22°55'40"N 79°15'30"E Shri Guddu 9837381 Dokarghat, panchayat Patel 129 dokarghatdistnarsingh pur (M.P) approx. 50 meter away from AH 43
2. Near village (N-2) 22°56'10"N 79°14'42"E Shri Mahesh 8510881 Dokarghat, panchayat Rai 544 dokarghatdistnarsingh pur (M.P) 80 meter away from AH 43
3. Near village (N-3) 22°55'54"N 79°15'21"E Shri 9258347 Dokarghat, panchayat Ramroop 529 dokarghatdistnarsingh Patel pur (M.P)80 meter away from AH 43
4. Near village Dokarghat, (N-4) 22°55'55"N 79°15'10"E Shri Babulal 9920548 panchayat Patel 415 dokarghatdistnarsingh pur (M.P) 50 meter away from AH 43
5. Near village Dokarghat, (N-5) 22°55'59"N 79°15'01"E Shri 8171283 panchayat dokarghat Mohammad 631 dist narsinghpur (M.P) Javed 70 meter away from AH 43 Kareli Region
1. Near village Imaliya (K-1) 22°56'40"N 79°03'11"E Shri Hemant 9993222 Kareli tehsil Rajput 400 distNarsinghpur (M.P) 50 meter away from NH 44
2. Near village Kodsa (K-2) 22°57'32"N 79°01'38"E ShriIstgaar 6398656 panchayat Kodsa, 055 Kareli tehsil distNarsinghpur (M.P) 50 meter away from NH 44 33 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors.
3. Near village Lutwara (K-3) 22°57'42"N 79°01'28"E ShriGaalif 9860884 panchayat Khairi, 990 Kareli tehsil distNarsinghpur (M.P) 50 meter away from NH 44
4. Near village Linga (K-4) 22°57'43"N 79°01'31"E Shri 7869550 Pipariya, Kareli tehsil Mohmmad 713 distNarsinghpur Kallu (M.P) 50 meter away from NH 44
5. Near village Kodsa, (K-5) 22°57'03"N 79°01'50"E Shri 8989644 Kareli tehsil Mohmmad 978 distNarsinghpur Mopathali (M.P) 50 meter away from NH 44 Datia Region
1. Mr. Shivhare brick (G-1) 25°48'37"N 78°23'11"E Shri. kiln Balkrishan BadonkalaTirahavill- pachkhara Goraghat, Distt-
Datia (M.P.)
2. Mr. Naresh Shivhare (G-2) 25°48'13"N 78°23'00"E Shri. Banti (Sarpanch) near Rajan Guraja Temple Badonkala , Distt- Datia (M.P.)
3. Mr. Vikas Dubey (G-3) 25°50'16"N 78°24'21"E Shri. Vikas Ciller Unit, Vill- Dubey Sunari Indergarh roadDistt-
Datia.
4. M/s. Jayant Jaggery (G-4) 25°50'47"N 78°24'55"E M/s. Jayant Product.Pvt. ltd. Vill- JaggeryProd Bhadona, Sunari Distt- u ct.Pvt. ltd..
Datia.
5. M/s. Jay banshiwale (G-5) 25°50'28"N 78°24'48"E Shri. Najim filling station, vill- Khan Sunari, Indergarh road Distt-Datia.
6. Mr. Dashrath Sahu, (G-6) 25°49'57"N 78°24'03"E Shri. kram vill- Sunari, Khan Indergarh road Distt-Datia.
7. Mr. Hariram, vill- (G-7) 25°49'50"N 78°24'09"E Shri. Sunari, Indergarh Galla road Distt-Datia. Patel 34 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors.
8. Mr. Brij (G-8) 25°50'00"N 78°24'08"E Shri. Deepak bhushanRawat ,vill- Rawat Sunari, Indergarh road Distt-Datia.
9. Mr. Biren Singh (G-9) 25°50'14"N 78°24'22"E Mr. Shahjad Rawat , vill- Sunari, Khan Indergarh road Distt-
Datia ..............x..................x...........x.................x......................... 4.0. Field Observation: The monitoring team visited the Datia region from November 27th to 30th, 2024, and the Betul, Amla, Chhindwara, Narsinghpur, and Kareli regions from December 3rd to 8th, 2024, to inspect jaggery (Kolhu) units. The inspections revealed that these units use baggas as fuel, with stacks made from mud rather than masonry bricks, and the stack heights range from 3 to 4 meters. All units observed adopt a multi-pan system, with capacities under 5 tons per day, and most are located along roadsides.
During the monitoring period, sampling locations were visited in each region: five in Betul, Amla, Chhindwara, Narsinghpur, and Kareli, and nine in Datia. All units, except those in Chhindwara, were operational. The Jaggery units in Chhindwara were all shut down during the monitoring period, with owners indicating they would restart after at least two weeks. The report includes a joint declaration and photo evidence documenting of the non-operational unit in Chhindwara(Annex-2).
4.1. Status on Air Pollution Management: During the inspection of the jaggery units, the following observations were made regarding air pollution management in all of the sampling locations:
1. Stack Height: The stack height at these units was observed to be between 3 to 5 meters, which is relatively low and does not meet the standards required to disperse emissions over a larger area, potentially increasing local pollution levels.
2. Proximity to Residential Areas: Some Jaggery units are located less than 500 meters from remifentanil areas, raising concerns about the impact of air pollution on local communities.
3. Location of Units: All the Jaggery units are situated on agricultural land, which is typically leased for a limited period by 35 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors.
the local landowners. This could lead to variations in the operational setup depending on land availability.
4. Air Pollution Observations: During the field visit, smoke was observed emanating from the stacks, particularly when baggas (fuel) were being charged into the units. The joint team also observed that fugitive emissions (uncontrolled emissions that escape from the unit without passing through a stack or chimney) were localized, meaning they were confined to the immediate vicinity of the units and not dispersed over a wider area. 5.0. Observation Table & Graphs:
Table No :- 2Ambient Air Monitoring as per NGT case no 215/2024 (CZ), 1092/2024 (PB) dated 08.11.2024 Betul Region Parameters Unit Sampling Location Limits (B-1) (B-2) (B-3) (B-4) (B-5) NAAQS 2009 (24 Hours) Respirable Suspended µg/m3 203.83 150.33 201.86 224.92 170.96 100 Particulate Matter (PM10) Fine Particulate Matter µg/m3 126.37 75.81 138.56 103.22 102.28 60 (PM2.5) Oxides of Nitrogen (as NO2) µg/m3 33.94 22.95 34.92 32.74 20.88 80 Sulphur Dioxide (SO2) µg/m3 2 2.97 2 2 2 80 Carbon Monoxide (CO) mg/m3 0.98 0.69 0.89 1.01 0.64 4 Table No :- 3 Ambient Air Monitoring as per NGT case no 215/2024 (CZ), 1092/2024 (PB) dated 08.11.2024 Amla Region Parameters Unit Sampling Location Limits (A-1) (A-2) (A-3) (A-4) (A-5) NAAQS 2009 (24 Hours) Respirable Suspended µg/m3 168.16 178.81 213.43 172.81 209.77 100 Particulate Matter (PM10) Fine Particulate Matter (PM2.5) µg/m3 100.41 97.51 107.21 98.6 88.3 60 36 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors.
Oxides of Nitrogen (as NO2) µg/m3 12.76 12.42 44.82 21.65 21.1 80 Sulphur Dioxide (SO2) µg/m3 2 2 2 2 2 80 Carbon Monoxide (CO) mg/m3 0.67 0.73 1.08 0.92 1.07 4 Table No :- 4 Ambient Air Monitoring as per NGT case no 215/2024 (CZ), 1092/2024 (PB) dated 08.11.2024 Narsinghpur Region Parameters Unit Sampling Location Limits (N-1) (N-2) (N-3) (N-4) (N-5) NAAQS 2009 (24 Hours) Respirable Suspended µg/m3 207.5 170.51 198.33 176.69 123.7 100 Particulate Matter (PM10) Fine Particulate Matter µg/m3 85.07 81.73 75.86 58.65 51.45 60 (PM2.5) Oxides of Nitrogen (as NO2) µg/m3 16.58 18.56 16.75 25.09 21.48 80 Sulphur Dioxide (SO2) µg/m3 2 2 2 2 2.87 80 Carbon Monoxide (CO) mg/m3 0.97 0.88 0.9 0.95 1.09 4 Table No :- 5 Ambient Air Monitoring as per NGT case no 215/2024 (CZ), 1092/2024 (PB) dated 08.11.2024 Kareli Region Parameters Unit Sampling Location Limits (K-1) (K-2) (K-3) (K-4) (K-5) NAAQS 2009 (24 Hours) Respirable Suspended µg/m3 154.44 136.71 185.13 189.82 171.74 100 Particulate Matter (PM10) Fine Particulate Matter µg/m3 41.59 48.92 58.19 89.63 100.89 60 (PM2.5) Oxides of Nitrogen (as NO2) µg/m3 14.57 13.33 15.87 9.93 17.89 80 Sulphur Dioxide (SO2) µg/m3 2.96 2.78 2.99 2 2 80 Carbon Monoxide (CO) mg/m3 0.85 0.92 1.03 0.99 0.9 4 37 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors. Table No :- 6 Ambient Air Monitoring as per NGT case no 215/2024 (CZ), 1092/2024 (PB) dated 08.11.2024 Datia Region Parameters Unit Sampling Location Limits (G-1) (G-2) (G-3) (G-4) (G-5) NAAQS 2009 (24 Hours) Respirable Suspended µg/m3 236.92 191.21 178.95 226.7 186.76 100 Particulate Matter (PM10) Fine Particulate Matter µg/m3 108.89 92.19 70.43 103.61 - 60 (PM2.5) Oxides of Nitrogen (as NO2) µg/m3 33 43.91 29.07 12.24 13.66 80 Sulphur Dioxide (SO2) µg/m3 3.93 2 2 2 3.1 80 Carbon Monoxide (CO) mg/m3 0.88 0.79 0.85 0.97 0.61 4 Table No:- 07 Ambient Air Monitoring as per NGT case no 215/2024 (CZ), 1092/2024 (PB) dated 08.11.2024 Datia Region Parameters Unit Sampling Location Limits (G-6) (G-7) (G-8) (G-9) - NAAQS 2009 (24 Hours) Respirable Suspended µg/m3 168.24 184.06 197.91 207.97 100 Particulate Matter (PM10) Fine Particulate Matter (PM2.5) µg/m3 - - - - 60 Oxides of Nitrogen (as NO2) µg/m3 46.94 16.08 13.33 15.25 80 Sulphur Dioxide (SO2) µg/m3 2 2 2 2 80 Carbon Monoxide (CO) mg/m3 0.68 0.75 0.81 0.93 4 .................x.....................x........................x....................x.............. 6.0. Results & Discussion:
The air quality monitoring results from the inspections clearly show that the concentrations of Respirable Suspended Particulate Matter (PM10) and Fine Particulate Matter (PM2.5) are significantly higher, whereas other gaseous parameters are under the permissible limits set by the National 38 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors.
Ambient Air Quality Standards (NAAQS) 2009. Below are the concentration ranges for each region:
S.No Sampling Observed Results
Regions
PM10 PM2.5 NO2 SO2 CO
1. Betul Region 150.33 75.81 to 20.88 to 2 to 2.97 µg/m³ 0.64 to
to 138.56 34.92 µg/m³ 1.01
224.92 µg/m³ mg/m3
µg/m³
2. Amla Region 168.16 88.3 to 12.42 to Minimum 0.67 to
to 107.21 44.82 µg/m³ Detection Limit 1.08
213.43 µg/m³ (2 µg/m³) mg/m3
µg/m³
3. Narsinghpur 123.7 to 51.45 to 16.58 25.09 2 to 2.87 µg/m³ 0.88 to
Region 207.5 85.07 µg/m³ 1.09
µg/m³ µg/m³ mg/m3
4. Kareli Region 136.71 41.59 to 9.93 to 2 to 2.99 µg/m³ 0.85 to
to 100.89 17.89 µg/m³ 1.03
189.82 µg/m³ mg/m3
µg/m³
5. Datia Region 168.24 70.43 to 12.24 to 2 to 3.93 µg/m³ 0.61 to
to 108.89 46.94 µg/m³ 0.97
236.92 µg/m³ mg/m3
µg/m³
7.0. Conclusion: During the monitoring, it was observed that jaggery units are operated in unregulated clusters around the city. Most of these units are unregistered, and their operational heads frequently changes (often yearly) making it difficult to identify and hold responsible parties accountable for non-
compliance. The concentrations of PM10 and PM2.5 exceeding the NAAQS 2009 limits, indicating a significant air pollution problem in the define regions. This may a potential health risk to the local population due to the heavy dust and the surrounding environment, suggesting a need for improved air pollution control measures in the Jaggery units.As per guideline issued by the Central Pollution Control Board (CPCB) in letter No. 2541 dated 13/06/2018 there is a need for better air pollution management 39 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors. practices, such as the installation of emission-control equipment, increased stack heights, and possibly relocating some units away from residential areas to mitigate the impact of air pollution. The violation of CPCB guidelines is evident. 8.0. Recommendations for Pollution Control in Kolhus (Jaggery Units) Based on the guidelines issued by the Central Pollution Control Board (CPCB) in letter No. 2541 dated 13/06/2018, the following recommendations are provided to improve air pollution management and overall environmental compliance for the Jaggery units (Kolhus):
1. Location Restrictions: Kolhus should not be set up within 0.5 km of residential areas, schools, hospitals, or sensitive zones to minimize the impact on local communities and sensitive areas.
2. Fuel Usage: Only dried bagasse, wood, and agricultural residues/wastes should be used as fuel. The use of harmful materials such as rubber, used tires, or plastic should be strictly avoided in the furnace.
3. Improved Furnace Design: Kolhus should adopt energy-
efficient furnaces, constructed using masonry or refractory bricks instead of mud or soil. This will ensure better heat retention and efficient energy use.A multi-pan arrangement should be implemented, allowing the use of heat from flue gases to preheat the juice in multiple pans, thereby improving efficiency. The number of pans can range from 2 to 5, depending on the furnace design. A flap should be installed on the fuel feed hole to control excess air, and a fire grate should be provided for efficient combustion. Ash generated should be collected from the furnace bottom. Baffles should be added in the flue gas path to contain particulate matter before it exits the stack.
4. Stack Height and Emission Standards: The height of the stack (chimney) should be at least 10 meters, as prescribed by the State Pollution Control Board, based on local conditions. Kolhus without stacks should not be permitted. The limit for particulate matter (PM) in flue gas should not exceed 500 mg/Nm³, as determined by the State Pollution Control Board, based on local conditions.
40 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors.
5. Solid Waste Management: Bagasse should be reused as fuel in the furnace. Other solid wastes, such as scum collected from the pan and ash, should be utilized as soil conditioners in agriculture. The washings from pans should be disposed of via a soak pit to prevent contamination.
6. Cleanliness and Hygiene: Kolhus should maintain clean and hygienic conditions within their premises to ensure safe and sanitary production processes.
7. Seasonal Operation and Relocation: Jaggery production typically operates from mid-November to February, depending on the availability of sugarcane. Since Jaggery units are often temporarily installed on agricultural fields, their location may change seasonally according to the farmers' suitability. The unorganized nature of this sector makes it challenging to ensure compliance with CPCB guidelines.
8. Micro-Scale Units: Most jaggery units (without boilers) fall under the microscale category and are self-registered in the MSME portal, based on their operational requirements.
9. Enforcement and Compliance: Enforcing action against Jaggery units might create legal and local issues. However, the board has issued notices to all units for compliance with CPCB guidelines. Due to the unorganized nature of the sector, local authorities, food departments, industry departments, and agriculture departments should collaborate and take action at their level to ensure compliance.
10.Challenges in Compliance: The sector is highly unorganized, and it is difficult to enforce consistent compliance with the guidelines across all units. The collaborative efforts of multiple departments are crucial for improving overall environmental standards in the Jaggery production process. By implementing these recommendations, there can be significant improvements in air pollution management and environmental sustainability in the Jaggery production sector. However, challenges such as the unorganized nature of the industry and seasonal operation need to be addressed for effective enforcement of these guidelines."
41 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors.
25. Learned counsel for the State PCB has further drawn our attention towards the notification dated 12.11.2024 issued by the MoEF&CC which provides as follows:-
"MINISTRY OF ENVIRONMENT, FORESTS AND CLIMATE CHANGE NOTIFICATION New Delhi, the 12th November 2024 G.S.R. 703(E). In exercise of power conferred by the proviso to sub-section (1) of section 25 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), the Central Government, in consultation with the Central Pollution Control Board, exempts the following categories of industrial plants from the application of the provisions of the said sub-section, namely:-
(a) all industrial plants having pollution index score upto 20 as listed in the Schedule to this notification, subject to condition that such plant shall inform in writing to the State Pollution Control Boards or the Pollution Control Committees;
(b) all industrial plants which have obtained prior environmental clearance as per the notification of the Government of India in the erstwhile Ministry of Environment and Forests number S.O. 1533(E), dated the 14th September, 2006 issued under the Environment (Protection) Act, 1986 (29 of 1986), in respect of previous consent to establish such plant.
Subject to the provisions of the Act and this notification, MoEFCC may issue necessary standard operating procedure for streamlining implementation of this notification, as deemed appropriate.
[F.No. Q-15012/2/2022-CPW-Part(1) /e-240741] VED PRAKASH MISHRA, Jt. Secy.
SCHEDULE LIST OF WHITE CATEGORY OF SECTORS CLASSIFIED BY CPCB FROM TIME TO TIME, AS PER THE 2016 CLASSIFICATION METHODOLOGY
1. Assembly of air coolers /conditioners, repairing and servicing
2. Assembly of bicycles, baby carriages and other small non motorizing vehicles
3. Bailing (hydraulic press) of waste papers 42 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors.
4. Bio fertilizer and bio-pesticides without using inorganic chemicals
5. Biscuits trays etc from rolled PVC sheet (using automatic vacuum forming machines)
6. Blending and packing of tea
7. Block making of printing without foundry (excluding wooden block making)
8. Chalk making from plaster of Paris (only casting without boilers etc. (sun drying / electrical oven)
9. Compressed oxygen gas from crude liquid oxygen (without use of any solvents and by maintaining pressure & temperature only for separation of other gases)
10. Cotton and woolen hosiers making (Dry process only without any dying / washing operation)
11. Diesel pump repairing and servicing (complete mechanical dry process)
12. Electric lamp (bulb) and CFL manufacturing by assembling only
13. Electrical and electronic item assembling (completely dry process)
14. Engineering and fabrication units (dry process without any heat treatment / metal surface finishing operations / painting)
15. Flavoured betel nuts production/ grinding (completely dry mechanical operations)
16. Fly ash bricks/ block manufacturing
17. Fountain pen manufacturing by assembling only
18. Glass ampules and vials making from glass tubes
19. Glass putty and sealant (by mixing with machine only)
20. Ground nut decorticating
21. Handloom/ carpet weaving (without dying and bleaching operation)
22. Leather cutting and stitching (more than 10 machine and using motor)
23. Manufacturing of coir items from coconut husks
24. Manufacturing of metal caps containers etc
25. Manufacturing of shoe brush and wire brush
26. Medical oxygen
27. Organic and inorganic nutrients (by physical mixing)
28. Organic manure (manual mixing) 43 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors.
29. Packing of powdered milk
30. Paper pins and u clips
31. Repairing of electric motors and generators (dry mechanical process)
32. Rope (plastic and cotton)
33. Scientific and mathematical instrument manufacturing
34. Solar module non-conventional energy apparatus manufacturing unit
35. Solar power generation through solar photovoltaic cell, wind power and mini hydel power (less than 25 MW)
36. Surgical and medical products assembling only (not involving effluent / emission generating processes)
37. Used Cooking Oil Collection (UCO) Center*
38. Household Bio-digesters/gobar-gas (cow-dung) plants based on biodegradable waste etc.**
39. CBG plants producing FOM & LFOM as by products in conformity with requirements of Gazette Notification No. 2051 dated 14.07.2020 & No. 1972 dated 01.06.2021, respectively, and utilizing entire FOM & LFOM as a fertilizer or manure on land and also not discharging any wastewater** Entries from S. No. 1 to 36 were classified vide CPCB letter no. B- 29012/ESS(CPA)/2015-16 dated 07.03.2016. *Classified vide CPCB letter no. B-29016/ROGW/IPC-VI/2020-21, dated 30.04.2020.
**Classified vide CPCB letter no. CPCB/IPC-VI/ROGW/6686-6730, dated 22.09.2021."
26. Learned counsel for the Respondent No.5, Commissioner, Sugarcane, State of Madhya Pradesh, has further submitted that the Madhya Pradesh Sugarcane Crushers Licensing Order and Madhya Pradesh Commerce and Industry Department has issued certain notification with the authorisation of the persons with the authority to regulate it and vide order dated 25.09.2024 the Collector, Narsinghpur, has directed the concerned authorities to take actions according to rules and further that monitoring and inspection of the operation of Khandsari and Jaggery industries within their respective jurisdiction are being strictly done according to rules. It is further submitted that 44 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors. licensing and related matters concerning the Jaggery and Khandsari industries fall under the purview of the Industries Department as part of small and medium industries. The operation and regulation of these industries are being carried out by the Industries Department.
27. Now, the question before the Administration and the issue is with regard to the right of the agricultural farmers who are cropping the sugarcane crops and its utilisation. The livelihood of the farmers is dependent on crops and if they are of the view to crop sugarcane then it must be utilised for the use of the society so that the cost of the crops be compensated by the use of the crops by means of whatever method is available.
28. We have to make a balance between the right to livelihood and right to clean environment and further sustainable development and to take remedial measures available to strike a balance between the two, especially the unorganised sugar production units.
29. The submission of the learned counsel for the Intervener Mr. Kanishk Devesh Sharma is that earlier there used to be one or two jaggery making units in a village which served the purpose of the entire village, however, these units are now operational systematically, through seasonally whereby farmers of the other states are hired for a couple of months and thousands of such units are functional causing irreparable harm to the environment. It is also submitted that pollution cannot be ignored solely on the grounds of "law and order issue" and neither can the residents and people of the vicinity or the travellers be subjected to harmful gases because an issue is allegedly difficult to manage.
45 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors.
30. Learned counsel has further relied on the Hon'ble Supreme Court case in M.C. Mehta Vs. Union of India wherein it is stated that "Stubble Burning violates the fundamental right to pollution-free environment" and directed the Central and State Governments to take appropriate steps while mentioning that such issues cannot be taken lightly as they violate the right to clean environment of the common persons concerned. In accordance with the direction of the Supreme Court, the Central Government on 07.11.2024 doubled the penalty on stubble burning. Therefore, it is submitted that the rationale of the Supreme Court may be adopted by this Tribunal whereby even individual polluters may be restricted or regulated to ensure a clean environment. It is noted that there is difference between burning and use it to generate energy.
31. It is further argued that several directions and guidelines have been issued with respect to polluting industries and vehicles, nature of engine and fuel in vehicles to curb the pollution but the regulations were notwithstanding the right to freedom of movement of the individuals and were not restrictive but regulatory nature. The problems as raised by the learned counsel are as follows:-
"Scale of the Problem • Operational Scale: Lakhs of jaggery units operating seasonally (November-March) • Geographic Spread: Concentrated in districts including Narsinghpur, Datia, Gwalior, Narmadapuram, Betul, and Chhindwara • Socio-economic Impact: Primary/Significant seasonal income source for marginal farmers • Environmental Challenge: Major contributor to air and water pollution, violating Air and Water Acts Governing Legal Provisions 46 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors. Central Pollution Control Board (CPCB) Mandatory Guidelines:
• Location Restrictions: Minimum 0.5 km distance from residential areas, schools, hospitals • Fuel Specifications: Exclusive use of agricultural waste (bagasse, wood); prohibition of plastics, tyres, toxic wastes • Infrastructure Standards: Mandatory 20-feet chimney height, masonry/refractory brick furnaces Challenges in Enforcement Scale and Nature of Operations • Seasonality: Units function 2-5 months/year, making continuous monitoring difficult.
• Scattered and Unorganized: Largely outside administrative oversight; many operate intermittently.
• White Category Industry: Exempted from obtaining Consents • Livelihood Dependence: Closure/penal action risks significant socio-economic disruption for rural families. • Lack of Awareness: Many small operators are unaware of environmental norms.
• Inadequate Manpower: Insufficient local regulatory staff for widespread enforcement, especially during peak season.
Remedial Measures:
-Registration and Formalisation - establishment of simple block/district level registration of all Gur Kolhus to facilitate monitoring and policy support.
- Grant Seasonal Licenses by the local panchayats or regulatory bodies (valid for the harvest season) with clear conditions on environmental compliance.
Designation of specific agricultural or light-industrial zones away from habitation for Gur Kolhus with installation of shared chimneys or common emission control devices to reduce per unit compliance cost.
Technology and Pollution Control:
A mandate of Minimum Chimney Height, cleaner furnaces and fuel substitution, and pollution control devices may be used.47
O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors.
- State may facilitate access to one time grants and low interest loans for compliance equipment under MSME, NABARD or PMEGP Schemes."
32. It is further argued that the CSIR-Indian Institute of Petroleum (CSIR-IIP) has developed an "Improved Gur Bhatti," a smokeless, low- cost jaggery furnace using bagasse as fuel, specifically designed for rural deployment. According to official releases by CSIR and the Press Information Bureau (PIB), this furnace reduces fuel consumption by 20-25%, enhances jaggery output by 15%, and causes a significant reduction in visible smoke and carbon emissions. The technology has been successfully implemented in over 40 rural units across Uttar Pradesh and Uttarakhand, with technical collaboration between CSIR-IIP and local cooperatives. It is, therefore, submitted that this Tribunal may direct the State Pollution Control Board and Department of Industries to coordinate with CSIR-IIP for facilitating deployment of this furnace technology across the affected districts within a time-bound framework, supported by existing schemes such as PM-FME and NABARD's Rural Innovation Fund.
33. It is further submitted that the Hon'ble Supreme Court in Vellore Citizens' Welfare Forum v. Union of India [(1996) 5 SCC 647] and the Hon'ble National Green Tribunal in Him Privesh Environment Protection Society v. State of Himachal Pradesh (2012), have both held that courts can compel industries to adopt cleaner technologies and simultaneously empower the State to facilitate such adoption through public funding and supervision. These cases establish a judicial precedent for technology-led environmental compliance.
34. It is also submitted that in MC Mehta v. Union of India (1997), popularly known as the Taj Trapezium case, the Hon'ble Supreme 48 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors. Court directed industrial units to either switch to cleaner fuels or cease operation in the sensitive Taj zone. However, in a nuanced approach, the Court permitted continued operations for those who adopted LPG or CNG and directed the State to assist in the transition. This framework of judicial balancing between environmental rights and economic survival is of direct relevance to the present matter.
35. It is further submitted that in the landmark judgment of Auroville Foundation v. Natasha Storey & Ors., Civil Appeal Nos. 5781-5782 of 2022, decided on 17 March 2025, the Hon'ble Supreme Court reconciled the seemingly competing interests of environmental protection and economic development. The Court categorically held that:
"While the right to clean environment is a guaranteed fundamental right under Articles 14 and 21 of the Constitution of India, the right to development through industrialisation equally claims priority. There is therefore a need for 'Sustainable Development' harmonising and striking a golden balance between the right to development and the right to clean environment."
36. While economic development should not be allowed at the cost of ecology or by causing widespread environmental destruction, the necessity to preserve ecology and environment should not hamper economic and other development. Both development and environment must go hand in hand. In other words, there should not be development at the cost of environment and vice versa, but there should be development while taking due care and ensuring the protection of environment [Indian council for enviro-legal action v union of India [1996]5scc 281]. The traditional concept that 49 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors. development and ecology are opposed to each other is no longer acceptable [Vellore citizens welfare forum v. union of India [1996] 5 SCC 647].
37. In a constitutional framework which is intended to create, foster and protect a democracy committed to liberal values, the rule of law provides the cornerstone. The rule of law is to be distinguished from rule by the law. The former comprehends the setting up of a legal regime with clearly defined rules and principles of even application, a regime of law which maintains the fundamental postulates of liberty, equality and due process. The rule of law postulates a law which is answerable to constitutional norms. The law in that sense is accountable as much as it is capable of exacting compliance. Rule by the law on the other hand can mean rule by a despotic law. It is to maintain the just quality of the law and its observance of reason that rule of law precepts in constitutional democracies rest on constitutional foundations. A rule of law framework encompasses rules of law but it does much more than that. It embodies matters of substance and process. It dwells on the institutions which provide the arc of governance. By focusing on the structural norms which guide institutional decision making, rule of law frameworks recognize the vital role played by institutions and the serious consequences of leaving undefined the norms and processes by which they are constituted, composed and governed. A modern rule of law framework is hence comprehensive in its sweep and ambit. It recognizes that liberty and equality are the focal point of a just system of governance and without which human dignity can be subverted by administrative discretion and absolute power. Rule of 50 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors. law then dwells beyond a compendium which sanctifies rules of law. Its elements comprise of substantive principles, processual guarantees and institutional safeguards that are designed to ensure responsive, accountable and sensitive governance.
38. The environmental rule of law, at a certain level, is a facet of the concept of the rule of law. But it includes specific features that are unique to environmental governance, features which are sui generis. The environmental rule of law seeks to create essential tools - conceptual, procedural and institutional to bring structure to the discourse on environmental protection. It does so to enhance our understanding of environmental challenges - of how they have been shaped by humanity's interface with nature in the past, how they continue to be affected by its engagement with nature in the present and the prospects for the future, if we were not to radically alter the course of destruction which humanity's actions have charted. The environmental rule of law seeks to facilitate a multi- disciplinary analysis of the nature and consequences of carbon footprints and in doing so it brings a shared understanding between science, regulatory decisions and policy perspectives in the field of environmental protection. It recognizes that the 'law' element in the environmental rule of law does not make the concept peculiarly the preserve of lawyers and judges. On the contrary, it seeks to draw within the fold all stakeholders in formulating strategies to deal with current challenges posed by environmental degradation, climate change and the destruction of habitats. The environmental rule of law seeks a unified understanding of these concepts. There are significant linkages between concepts such as sustainable development, the 51 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors. polluter pays principle and the trust doctrine. The universe of nature is indivisible and integrated. The state of the environment in one part of the earth affects and is fundamentally affected by what occurs in another part. Every element of the environment shares a symbiotic relationship with the others. It is this inseparable bond and connect which the environmental rule of law seeks to explore and understand in order to find solutions to the pressing problems which threaten the existence of humanity. The environmental rule of law is founded on the need to understand the consequences of our actions going beyond local, state and national boundaries. The rise in the oceans threatens not just maritime communities. The rise in temperatures, dilution of glaciers and growing desertification have consequences which go beyond the communities and creatures whose habitats are threatened. They affect the future survival of the entire eco-system. The environmental rule of law attempts to weave an understanding of the connections in the natural environment which make the issue of survival a unified challenge which confronts human societies everywhere. It seeks to build on experiential learnings of the past to formulate principles which must become the building pillars of environmental regulation in the present and future. The environmental rule of law recognizes the overlap between and seeks to amalgamate scientific learning, legal principle and policy intervention. Significantly, it brings attention to the rules, processes and norms followed by institutions which provide regulatory governance on the environment. In doing so, it fosters a regime of open, accountable and transparent decision making on concerns of the environment. It fosters the importance of participatory 52 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors. governance - of the value in giving a voice to those who are most affected by environmental policies and public projects. The structural design of the environmental rule of law composes of substantive, procedural and institutional elements. The tools of analysis go beyond legal concepts. The result of the framework is more than just the sum total of its parts. Together, the elements which it embodies aspire to safeguard the bounties of nature against existential threats. For it is founded on the universal recognition that the future of human existence depends on how we conserve, protect and regenerate the environment today. 11. In its decision in Hanuman Laxman Aroskar vs Union of India,[2019] 15 SCC 401 the Court, recognized the importance of protecting the environmental rule of law. The court observed:-
"142. Fundamental to the outcome of this case is a quest for environmental governance within a rule of law paradigm. Environmental governance is founded on the need to promote environmental sustainability as a crucial enabling factor which ensures the health of our ecosystem.
"143. Since the Stockholm Conference, there has been a dramatic expansion in environmental laws and institutions across the globe. In many instances, these laws and institutions have helped to slow down or reverse environmental degradation. However, this progress is also accompanied, by a growing understanding that there is a considerable implementation gap between the requirements of environmental laws and their implementation and enforcement -- both in developed and developing countries alike ... "156. The rule of law requires a regime which has effective, accountable and transparent institutions. Responsive, inclusive, participatory and representative decision making are key ingredients to the rule of law. Public access to information is, in similar terms, fundamental to the preservation of the rule of law. In a domestic context, environmental governance that is founded on the rule of law emerges from the values of our Constitution. The 53 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors.
health of the environment is key to preserving the right to life as a constitutionally recognized value under Article 21 of the Constitution. Proper structures for environmental decision making find expression in the guarantee against arbitrary action and the affirmative duty of fair treatment under Article 14 of the Constitution."
39. In its first global report on environmental rule of law in January 2019, the United Nations Environment Programme ("UNEP") has presciently stated:-
"If human society is to stay within the bounds of critical ecological thresholds, it is imperative that environmental laws are widely understood, respected, and enforced and the benefits of environmental protection are enjoyed by people and the planet. Environmental rule of law offers a framework for addressing the gap between environmental laws on the books and in practice and is key to achieving the Sustainable Development Goals. Successful implementation of environmental law depends on the ability to quickly and efficiently resolve environmental disputes and punish environmental violations. Providing environmental adjudicators and enforcers with the tools that allow them to respond to environmental matters flexibly, transparently, and meaningfully is a critical building block of environmental rule of law."
40. The need to adjudicate disputes over environmental harm within a rule of law framework is rooted in a principled commitment to ensure fidelity to the legal framework regulating environmental protection in a manner that transcends a case-by-case adjudication. Before this mode of analysis gained acceptance, we faced a situation in which, despite the existence of environmental legislation on the statute books, there was an absence of a set of overarching judicially recognized principles that could inform environmental adjudication in a manner that was stable, certain and predictable. In an article in the 54 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors. Asia-Pacific Journal of Environmental Law (2014), Bruce Pardy describes this conundrum in the following terms:-
"Environmental regulations and standards typically identify specific limits or prohibitions on detrimental activities or substances. They are created to reflect the principles and prohibitions contained in the statute under which they are promulgated. However, where the contents of the statute are themselves indeterminate, there is no concrete rule or set of criteria to apply to formulate the standards. Their development can therefore be highly political and potentially arbitrary. Instead of serving to protect citizens' environmental welfare, an indeterminate environmental law 10 facilitates a utilitarian calculus that allows diffuse interests to be placed aside when they are judged to be less valuable than competing considerations."
41. However, even while using the framework of an environmental rule of law, the difficulty we face is this - when adjudicating bodies are called on to adjudicate on environmental infractions, the precise harm that has taken place is often not susceptible to concrete quantification. While the framework provides valuable guidance in relation to the principles to be kept in mind while adjudicating upon environmental disputes, it does not provide clear pathways to determine the harm caused in multifarious factual situations that fall for judicial consideration. The determination of such harm requires access to scientific data which is often times difficult to come by in individual situations.
42. In an article in the Georgetown Environmental Law Review (2020), Arnold Kreilhuber and Angela Kariuki explain the manner in which the environmental rule of law seeks to resolve this imbroglio:- 55
O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors.
"One of the main distinctions between environmental rule of law and other areas of law is the need to make decisions to protect human health and the environment in the face of uncertainty and data gaps. Instead of being paralyzed into inaction, careful documentation of the state of knowledge and uncertainties allows the regulated community, stakeholders, and other institutions to more fully understand why certain decisions were made."
The point, therefore, is simply this - the environmental rule of law calls on us, as judges, to marshal the knowledge emerging from the record, limited though it may sometimes be, to respond in a stern and decisive fashion to violations of environmental law. We cannot be stupefied into inaction by not having access to complete details about the manner in which an environmental law violation has occurred or its full implications. Instead, the framework, acknowledging the imperfect world that we inhabit, provides a roadmap to deal with environmental law.
43. It cannot be disputed that no development is possible without some adverse effect on the ecology and environment, and the projects of public utility cannot be abandoned and it is necessary to adjust the interest of the people as well as the necessity to maintain the environment. A balance has to be struck between the two interests. Where the commercial venture or enterprise would bring in results which are far more useful for the people, difficulty of a small number of people has to be bypassed. The comparative hardships have to be balanced and the convenience and benefit to a larger section of the people has to get primacy over comparatively lesser hardship".
This indicates that while applying the concept of "sustainable development" one has to keep in mind the "principle of proportionality" based on the concept of balance. It is an exercise in 56 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors. which we have to balance the priorities of development on one hand and environmental protection on the other hand.
44. We have also considered the report prepared and submitted by the CSIR, Indian Institute of Petroleum, Dehradun, with the innovations for rural development and wide popularization of eco-friendly and efficient jaggery plants quoted above and of the view that agriculture and agro-based cottage industries are the lifeline of the rural economy, however, the modernization of rural industries through scientific interventions is the biggest challenge to rural growth. The Institute (CSIR-IIP) Improved Jaggery Making Plant (Gur Bhatti), is a step forward reviving the agro-based cottage industries in rural India. The technology may improve the productivity of the Gur making but also reduces the emissions. As suggested by the Institute, the technology may generate new opportunities of employment as well as additional income to existing plant owners who implement this technology. The advantages of this technology are 20% reduction in fuel consumption, 15% increase in daily gur production capacity and significant reduction in smoke and emissions. It is easy charging of fuel into furnace, increase life of gur making plants.
45. On the basis of above scientific research, discussions and reports, our observations and directions are as follows:-
(1) Respondents are directed to strictly follow the guidelines issued by the CPCB in the years 2018 and 2019 for operation of jaggery units, for better air pollution management practices and installation of emission control equipments, increased stack heights and re-allocating units as per guidelines.57
O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors. (2) Location Restrictions: Kolhus should not be set up within 0.5 km of residential areas, schools, hospitals, or sensitive zones to minimize the impact on local communities and sensitive areas. (3) Fuel Usage: Only dried bagasse, wood, agricultural residues/wastes and other approved fuel should be used as fuel. The use of harmful materials such as rubber, used tires, or plastic should be strictly avoided in the furnace. (4) Improved Furnace Design: Kolhus should adopt energy-efficient furnaces, constructed using masonry or refractory bricks instead of mud or soil. This will ensure better heat retention and efficient energy use. A multi-pan arrangement should be implemented, allowing the use of heat from flue gases to preheat the juice in multiple pans, thereby improving efficiency. The number of pans can range from 2 to 5, depending on the furnace design. A flap should be installed on the fuel feed hole to control excess air, and a fire grate should be provided for efficient combustion. Ash generated should be collected from the furnace bottom. Baffles should be added in the flue gas path to contain particulate matter before it exits the stack.
(5) Stack Height and Emission Standards: The height of the stack (chimney) should be at least 10 meters, as prescribed by the State Pollution Control Board, based on local conditions. Kolhus without stacks should not be permitted. The limit for particulate matter (PM) in flue gas should not exceed 500 mg/Nm³, as determined by the State Pollution Control Board, based on local conditions.
58 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors. (6) Solid Waste Management: Bagasse should be reused as fuel in the furnace. Other solid wastes, such as scum collected from the pan and ash, should be utilized as soil conditioners in agriculture. The washings from pans should be disposed of via a soak pit to prevent contamination.
(7) Cleanliness and Hygiene: Kolhus should maintain clean and hygienic conditions within their premises to ensure safe and sanitary production processes.
(8) Seasonal Operation and Relocation: Jaggery production typically operates from mid-November to February, depending on the availability of sugarcane. Since Jaggery units are often temporarily installed on agricultural fields, their location may change seasonally according to the farmers' suitability. The unorganized nature of this sector makes it challenging to ensure compliance with CPCB guidelines, however, the State PCB has to regulate it.
(9) Enforcement and Compliance: Enforcing action against Jaggery units might create legal and local issues. Due to the unorganized nature of the sector, local authorities, food departments, industry departments, and agriculture departments should collaborate and take action at their level to ensure compliance and registration.
(10) The State of Madhya Pradesh, MPPCB, Department of Cottage and Rural Industries and the District Industries Centre with Commissioner of Sugarcane, are directed to follow the guidelines of Jaggery Units and to raise the public awareness with regard to scientific instruments as narrated above 59 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors.
reported by the CSIR-IIP, compliant to smokeless furnaces or any economically or ecologically sustainable solutions within a fixed deadline.
(11) The Respondents are further directed to take necessary steps to adopt the technology within the prescribed window with financial help such as - capital subsidies under the relevant schemes of Rural Development and Rural Innovation Fund and prefers should be given to electricity connections renewals. In addition to adopting the recommendations of the CSIR-IIP model, the State of Madhya Pradesh have to consider to permit any other clean and low emission technology which may meet acceptable environmental preference standards. There must be provision of flexible incentives framework that encourage all Jaggery Units to adopt cleaner practices; whether the improved Gur Bhatti or any equivalent model developed by public or private research bodies and it may include the award innovation, reduce emissions and build a compliance driven eco-system.
(12) The State PCB may create a public awareness taking help of local Panchayats, maintaining registers of Jaggery Units and report their conversion status, in addition to periodic inspections and suggestions and innovative progresses encouraging the adoption of new technologies by the farmers. (13) Since the Units are in operation in District-Gwalior (148), District-Jabalpur (940), District-Chhindwara (207), thus, the Commissioners, Datia Region, Narsinghpur, Kareli, Gadarwara, Seoni, Mandala Region and Betul, Amla, Chhindwara Region 60 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors.
are directed to take remedial measures periodically during the season and promotional awareness in the agriculture farmers engaged in sugarcane crops should be provided every help with modern technology as reported above invented by the CSIR and necessary steps be taken to adopt the new technology of Gur Bhatti.
46. With the above directions and observations, both the Original Applications i.e., Original Application No.215/2024(CZ) and Original Application No.No.228/2024(CZ) alongwith all pending I.As. stand disposed of accordingly.
(A copy of this order be communicated on available e-mail to Central Pollution Control Board, Principal Secretary, Environment, Govt. of Madhya Pradesh, Member Secretary, MPPCB, Commissioner of Sugar Industries, Principal Secretary, Department of Industries, Commissioners of concerned Region (Datia, Narsinghpur, Kareli, Gadarwara, Seoni, Mandala Region and Betul, Amla, Chhindwara), and the District Magistrates concerned, for information and necessary action.) Sheo Kumar Singh, JM Dr. A. Senthil Vel, EM 28th August, 2025, O.A. No.215/2024(CZ) with O.A. No.228/2024(CZ AK 61 O A No.215/2024(CZ) News Item titled "गुड़ को दू षण पर NGT और दू षण बोड का उदासीन रवैया appearing in Swadesh Bhopal dated 27.07.2024 O A No.228/2024(CZ) M/s Mahakoushal Sugar and Power Industries VS. State of M.P. & Ors.