National Green Tribunal
Kalushya Parirakshana Samithi vs Department Of Environment And Climate ... on 22 October, 2024
Author: Satyagopal Korlapati
Bench: Satyagopal Korlapati
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Tuesday the 22nd day of October, 2024.
Original Application No. 80 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF
Tribunal on its own motion- Suo Motu
As per order dated 29.08.2023.
...Applicant(s)
Versus
1. Union of India
Rep by its Secretary,
Indira Paryavaran Bhawan,
Jorbagh, New Delhi-110003.
2. State of Telangana
Rep by its Chief Secretary,
Secretariat, Hyderabad- 500022.
3. Telangana State Pollution Control Board,
Rep by its Member Secretary,
A-3, Paryavaran Bhavan,
Sanath Nagar Industrial Estate,
Sanath Nagar, Hyderabad- 500018.
4. Director,
Drug Control Administration,
State of Telangana,
Venglrao Nagar, Hyderabad- 500038.
5. Agriculture Commissioner & Director,
Fathe Midan, Basheer Bagh,
Near Nizam College, Basheer Bagh,
Hyderabad, Telangana- 500001.
6. The District Collector
Yadradri-Bhuvanagiri District,
Bhuvanagiri, Telangana State- 508116.
7. District Medical & Health Officer,
Yadradri-Bhuvanagiri District,
Bhuvanagiri, Telangana State- 508116.
8. M/s Divi's Laboratories Pvt. Ltd.,
Rep by its Managing Director,
Lingojigudem Village,
Choutuppal Mandal, Yadadri Bhuvanagiri District,
Telangana State-508252.
9. M/s Srini Pharmaceuticals Pvt. Ltd.,
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Rep by its Managing Director,
Choutuppal, Yadadri District,
Telangana- 508252.
10. M/s Maruthi Cottex Ltd.,
Rep by its Managing Director,
Choutuppal, Yadadri District,
Telangana- 508252.
...Respondent(s)
For Applicant(s): Suo Motu
For Respondent(s): Mr. Mohamed Aathic for Mrs. H. Yasmeen
Ali for R2, R4 to R7.
Ms. C.P. Kavitha Ranjini for Mr. T. Sai
Krishnan for R3.
Mr. Sanjay for Mr. Janani Shankar, Mr. R.
Parthasarathy for R8.
Mr. S. Sai Sathya Jith for R9.
Mr. Ambili Menon for R10.
Mr. R. Thirunavukarasu for R11.
Judgment Reserved on: 30.09.2024.
CORAM:
HON'BLE SMT. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
JUDGMENT
Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member
1. This Original Application was filed by the Kalushya Parikshana Samithi alleging the pollution caused by the Pharmaceutical Companies-respondents 8 to 10 situated in Yadadri, Bhuvanagiri District, Telengana.
2. It is alleged that the Pharmaceutical companies are not properly maintaining the Effluent Treatment Systems and also pollution control mechanism as per the norms prescribed by the Pollution Control Board. The agricultural activities of the locals were affected due to pollution caused by the Pharmaceutical Companies. They 2 were drawing excess ground water from Musi River apart from polluting the same.
3. It is also alleged that the 8th respondent-M/s Divi's Laboratories Pvt. Ltd., has erected 80 temporary shelters besides the laboratory in private agriculture land. It was also stated that 500 workers are living without any toilet and bathing facilities which resulted in open defecation and bathing water is flowing to the nearby agriculture fields. The Telengana Pollution Control Board has issued various directions to the 8th respondent for compliance but 8th respondent has been blatantly violating the directions issued by the Pollution Control Board.
4. Similarly, the 9th respondent-M/s Srini Pharmaceuticals Pvt. Ltd., is also causing pollution in the surrounding areas as caused by the 8th respondent.
5. The 10th respondent-M/s Maruthi Cottex Ltd., is a cloth manufacturing company. It is alleged that the 10th respondent is continuously releasing the chemicals used in the manufacturing and the unit is very near to the habitation.
6. Considering the allegations raised in the application, the Tribunal appointed a Joint Committee to inspect the area in question and submit a factual and action taken report. The Committee was directed to consider whether the functioning of these units have caused any impact on the ground water quality as well as water quality in Musi River, whether the discharge from the ETP/CETP functioning in the cluster or operated by the units are meeting the 3 norms and whether there was any illegal discharge of untreated effluent by any of the Pharmaceuticals Companies in any water bodies.
7. On 21.08.2020, it was informed by the Learned Counsel appearing for the Telengana Pollution Control Board that the Hon'ble Supreme Court vide order dated 24.07.2020 in Civil Appeal No. 2777 of 2020 had stayed the order dated 10.06.2020 passed by the Tribunal. Therefore, the Tribunal adjourned the matter sine die with a liberty for the parties to move the Tribunal once the appeal is disposed of by the Hon'ble Apex Court.
8. On 28.02.2023 the matter was taken up again after the remand from the Hon'ble Supreme Court. The Hon'ble Apex Court noticed that the Joint Committee was constituted ex-parte in the absence of the respondents. Hence the matter was remitted back to the Tribunal to issue notice to all the respondents and then call for objections including the report from the Joint Committee. Therefore, the Tribunal issued notice to all the respondents and directed to file their objections/counter independently.
9. Pending proceedings, the Kalushya Parirakshana samithi-applicant which was registered under the Societies Registration Act was dissolved. The applicant representing the Society requested to implead themselves as applicants which was vehemently opposed by the respondents 7 and 8. Therefore, the Tribunal discharged the applicants and their counsel and proceeded with the matter Suo Motu considering the allegation made in the application. 4
10. The 11th respondent, Central Pollution Control Board (CPCB) filed inspection report dated 16.10.2023. The respondent nos. 8 to 10 were inspected and monitoring of source emission, fugitive emission, Ambient Air Quality and waste water sampling was carried out. In addition water sampling was carried out in and around the area to assess the water quality to know any impact in ground water quality due to operation of the units.
11. Based on the inspection, the CPCB enumerated the following suggestion and conclusions:
(i) M/s Divi's Laboratories Limited (Unit - 1) M/s Divi's Laboratories ltd, involved in the manufacturing of bulk drug and intermediate products. The unit is consented for manufacturing of 34 products and four by-products. The unit has provided facilities for achieving ZLD. The conclusion & suggestions made in the report are given below:
Conclusion:
The unit has provided treatment facility for waste water treatment to achieve ZLD.
The analysis results show that the RO performance needs to be improved. The analysis results of source emission monitoring of scrubber and boiler shows that the air pollution control system are operated properly.
Adequate storage facilities provided for storage of hazardous waste.
The unit has provided 71 flow meters, in which seven flow meters are connected to CPCB & TSPCB server. In order to verify ZLD based on quantum of waste water treated, the flow meters installed at RO Reject & MEE shall be additionally connected to CPCB & TSPCB server.
Based on the above, the following suggestions made for further improvement of the existing system is as follows;
a) The unit shall take necessary steps to improve the performance of RO system.
b) The unit shall connect the flow meters installed at RO Reject & MEE Inlet to CPCB & TSPCB server.
(ii) M/s Srini Pharmaceuticals Private Limited M/s Srini Pharmaceuticals ltd, involved in the manufacturing of bulk drug products. The unit has obtained consent for manufacturing of 90 products and 39 by-products. The unit is consented for manufacturing of any 37 products at any given point 5 of time. The conclusion & suggestions made in the report are given below;
Conclusion:
The analysis report indicated the unit is not segregating the LTDS and HTDS effluent and the ETP provided including RO & MEE is not operated properly.
The analysis report of the stagnated samples collected near the ETP area indicates the characteristics of effluent and same is ensured by the chemical compound analysis of raw effluent & stagnated water sample.
The hazardous waste generation, storage & disposal is not maintained category wise as per the Authorisation issued by TSPCB.
The analysis results of source emission monitoring of scrubber and boiler shows that the air pollution control system are operated properly.
The flow meters installed at inlet of HTDS, LTDS, RO feed & reject, MEE feed and condensate are not connected to CPCB server except RO permeate.
Online continuous emission monitoring system is not provided in the boiler stack.
Based on the above, the following are suggested for taking action on the unit by TSPCB.
Suggestions:
a) The unit shall properly segregate the effluent as high TDS stream and low TDS stream.
b) The unit shall ensure proper maintenance and operation of ETP.
Filter press shall be provided instead of sludge drying bed.
c) The unit shall enhance the capacity of RO as per the ETP treatment capacity 300 KLD.
d) The unit shall operate the MEE properly to achieve ZLD.
e) The stagnated samples collected near the ETP area shows the nature of effluent, so industry shall ensure that no untreated effluent discharged on land and achieve proper ZLD.
f) The industry shall properly maintain individual category wise records of hazardous waste generation, storage and disposal. Same shall be maintained in Annual Report Submission Form 4.
g) The unit shall connect the flow meters installed at inlet of HTDS, inlet of LTDS, RO feed, RO Reject, MEE feed and condensate to CPCB server.
h) The unit shall provide online analyser in the stack connected to the boiler for measurement of PM, SO2, & NO2 and same shall be connected to CPCB & TSPCB server
i) The unit shall provide cameras around the ETP area in order to monitor any discharge of effluent. The cameras shall be connected to TSPCB & CPCB server.
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(iii) M/s Maruti Cottex Limited M/s Maruti Cottex Ltd., is involved in dyeing and printing of fabrics. The unit has obtained combined consent and authorisation for fabric processing 1,50,000 Mts/day and Printed Synthetic 1,50,000 Mts/day. The conclusion & suggestions made in the report are given below;
Conclusion:
The waste water generated is not segregated as HTDS and LTDS as per the consent condition.
The analysis report of the samples collected in the ETP & RO indicated that the existing system is not adequate and operated properly to achieve ZLD.
Analysis report of the boiler emission are within the norms and indicates that air pollution control system are operated properly. During the visit, stagnation of water is observed in the dense Juliflora plant growth area inside the premises and the TDS measured is around 2100 to 5700 ppm, which indicates the discharge of effluent.
The flow meters provide at inlet and outlet of ETP and MEE feed and RO permeate are not connected to TSPCB. In order to verify/ monitor ZLD system additional flow meters are required in all stages of RO permeate & reject, MEE condensate.
Based on the above, the following are suggested for taking action on the unit by TSPCB Suggestions:
a) The unit shall segregate the effluent as LTDS and HTDS as per the consent and provide separately treatment system accordingly.
b) The unit shall augment the ETP, RO and MEE system to treat the LTDS and HTDS effluent and ensure adequate capacity of the treatment units.
c) The TDS observed in the stagnated water ranges from 2100 to 5700 ppm. The high TDS indicates the discharge of effluent, so the unit shall achieve ZLD and ensure that no untreated/treated/partially treated effluent discharged on land.
d) The unit shall provide separate dedicated facility for storage of hazardous waste generated in the unit.
e) Juliflora plant growth inside the premises shall be removed and green belt shall be developed. Proper access shall be provided in the green belt area.
f) The unit shall provide flowmeters for inlet & outlet of LTDS & HTDS treatment plants, UF inlet & outlet, all stages of RO inlet, outlet & permeate, MEE inlet, condensate. These flow meters shall be connected to TSPCB server.
g) The unit shall provide cameras around the unit in consultation with TSPCB in order to monitor any discharge of effluent. The cameras shall be connected to TSPCB.7
Over all Conclusion:
1) The ground water (bore well & piezo metric well) analysis report shows that no impact in the water quality due to operation of these industries and same is also concluded in the joint committee report of other State departments of Telangana constituted by District Administration, Yadadri Bhuvanagiri dist. and also in the report of CSIRNEERI.
2) Out of three Industries two industries viz M/s Srini Pharmaceuticals ltd and M/s Maruti Cottex Ltd., found non-
complying w.r.t discharge of effluent on land, non-segregation of effluent, improper operation of ETP, non-connectivity of flow meter etc., so it is suggested TSPCB should take necessary action against the industries for ensuring ZLD.
12. The 3rd respondent, Telangana Pollution Control Board, filed its report dated 18.08.2023 narrating the approvals and clearances obtained by the respondents 8 to 10. The respondent units also provided the required environmental mechanisms and equipments to control the pollution and emission levels within the prescribed limits.
13. The Multi Disciplinary Team constituted by the District Collector, Yadadri Bhuvanagir also conducted a detailed study in consultation with the local public to assess the extent of ground water contamination due to operation of the industry and extent of damage caused to any identifiable person/agricultural lands in and around the industry and suggest remedial action/compensation to be recovered from the industry on polluter pays principle. The Multi Disciplinary Team also submitted observations and recommendations.
14. The Pollution Control Board submitted that the respondent industries are having systems for treatment of the effluent generated. The report of the Multi Disciplinary Team stated that 8 the soils are suitable to grow crops. The agriculture Department recommended that various crops which can be grown in this area. The Groundwater Department stated that the analytical results reveal that groundwater quality is suitable for agricultural process. The total hardness values in the study area except at some locations are within the permissible limits.
15. The Pollution Control Board also filed another report dated 08.08.2024 as per the direction of Tribunal to verify the pending compliance on suggestions made by the CPCB. The Pollution Control Board inspected the industries on 01.08.2024 and reported the following compliance:
M/s Divi's Laboratories Pvt Ltd., (respondent no.8) The industry improved the RO performance by increasing the set pressure of RO membrane, by increasing the auto flusing time duration of membrane and by conducting frequent clean-in-place (CIP) and de-scaling activity of RO membrane. Also, the industry has installed flow meters at RO reject and MEE inlet at existing ZLD system and at new ZLD system. The flow meters are connected to the TGPCB and CPCB servers.
M/s Srini Pharmaceuticals Pvt. Ltd (respondent no.9) The industry has installed online analyzers in the stack connected to the boiler for monitoring of PM, SO2, and NO2 and the same are connected to the TGPCB and CPCB servers. The industry has provided PTZ camera at ETP and connected the same to TGPCB and CPCB servers.
M/s Maruti Cottex Ltd., (respondent no. 10) The Board vide order dated 05.12.2023 issued directions for augmentation of ETP, RO and MEE system to treat the LTDS and HTDS effluent. The industry is yet to comply with the direction of augmentation of ETP, RO and MEE system to treat the LTDS and HTDS effluent. The industry is yet to comply the direction. Further, the respondent industry vide letter dated 06.08.2024 stated that 9 they will not use any Hazardous chemical that would affect cloths nor environment as they are surrounded by Pharmacy and drug untis which use harmful chemicals in their process. The industry has provided flow meters for LTDS and HTDS treatment plants, UF inlet and outlet, all stages of RO inlet, outlet and permeate, MEE inlet, condensate. Also, provided cameras at ETP area, Boiler area, production area and main gate area. However, the flow meters and cameras are yet to be connected to the TGPCB server.
16. The 5th respondent, Agriculture Commissioner and Director, filed its report. The 5th respondent inspected the fields on 29.03.2023 and collected 08 soil samples and 09 water samples from bore-well in the fields.
17. The soil samples were analyzed at Soil testing Laboratory, Rajendranagar. Out of the 08 soil samples collected, 06 soil samples are suitable for raising the crops having slightly to moderate alkalinity with EC less than 1 to 1 and 02 soil samples collected at Sy No. 501 and 472 are not suitable for raising crops as Electrical Conductivity (EC) is high.
18. All the water samples were having normal PH with high EC between 1.97 to 9.3 which is not suitable for irrigation under normal conditions. This water can be used with arrangement of adequate drainage facilities and usage of FYM and salt tolerant crops like paddy, Ragi, Diancha, Sugarcane, Millets, Cotton etc are recommended in this area.
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19. As per the analytical report, the soils are suitable for raising the crops but the water can be used with arrangement of adequate usage of FYM, gypsum and adequate drainage facilities.
20. The 6th respondent, District Collector, filed its report dated 26.09.2024. It was stated that during the discussion on 03.04.2024 with Additional Collector (Rev), Agriculture and Pollution Control Board Officers, it was decided to conduct crop cutting experiments involving Agriculture, Revenue and CPO departments to assess the yield loss around the fields adjacent to the industries causing pollution. Accordingly Crop Cutting experiments were conduct at Tangadpally and Areguddem villages of choutuppal Mandal on 22.04.2024.
21. In the Crop Cutting experiments report, it was indentified that there in hardly any substantial reduction in crop yield as otherwise claimed by the applicant. It is, therefore, unlikely that there needs to be any identification of eligible claimants for crop compensation. It is also submitted that the average yield of paddy in the district is 22q/acre but as per the Crop Cutting experiments, the yield obtained is 20.91 gt/acre which is almost equal to the district average.
22. The 8th respondent, M/s Divi's Laboratories Pvt. Ltd., filed its affidavit of compliance dated 16.02.2024. It is stated that the 8 th respondent has been taken necessary steps and has always complied with the policies and suggestions of the respective agencies. They have proactively installed about 71 flow meters at different locations in the ETP, ZLD system.
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23. It is further stated that they have complied with the suggestions issued by the Central Pollution Control Board and the Pollution Control Board and submitted the compliance report to the Member Secretary, Telengana Pollution Control Board.
24. The 10th respondent, M/s Maruti Cottex Limited, also filed its compliance affidavit stating that they have separate treatment system for HTDS and LTDS as per 'Consent to Operate'. After treatment in ETP, recycled water is re-used for washing of fabric, bleaching, scouring. The water retention at the premises is just stagnated water accumulated due to continues heavy rains and no effluent is discharged.
25. It is also stated that the 10th respondent is only doing bleaching, dyeing and printing fabric and never uses hazardous chemicals which are dangerous to human life and fabric, as this fabric goes for school uniform. They also have separate and dedicated facilty for storage of hazardous waste. They have also removed Juliflora plant and will develop green belt on the said area.
26. From the report of the Central Pollution Control Board, it is clear that the units have been inspected and issued with several suggestions as stated above for complying with the environmental norms.
27. From the compliance report of the Telananga Pollution Control Board, it is evident that the 8th and 9th respondents have already complied with the suggestions issued by the Central Pollution 12 Control Board. Only the 10th respondent is yet to fully comply with the suggestion issued.
28. In view of the above reports, we direct the 10th respondent to comply with the suggestion issued by the Central Pollution Control Board. We also direct the Telangana Pollution Control Board to inspect the 10th respondent and report compliance after 06 months.
29. With the above directions, the OA is disposed of.
............................................................J.M. (Smt. Justice Pushpa Sathyanarayana) .......................................E.M. (Dr. Satyagopal Korlapati) Internet - Yes/No All India NGT Reporter - Yes/No O.A. No.80/2020(SZ) 22nd October, 2024.(AM) 13 Before the National Green Tribunal Southern Zone (Chennai) O.A. No. 80 of 2020 Suo motu Vs. Union of India & Ors.
O.A No. 80/2022(SZ) 22nd October,2024. (AM) 14