National Green Tribunal
Nitin Dhiman vs State Of Punjab & Ors on 26 May, 2023
Item No.1 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI.
(Through Physical Hearing with Hybrid VC Option)
Original Application No. 225/2022
Nitin Dhiman ...Applicants
Versus
State of Punjab & Ors. ...Respondents
Date of hearing: 26.05.2023
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Ms. Unnati Anand and Ms. Himani, Advocates with
applicant in person.
Respondent: Mr. Prateek Chadha, Ms. Muskan Singla, Mr. Sheekar,
Ms. Malvika Raghavan, Advocates for respondents no. 1,
4 and 6.
Ms. Richa Kapoor, Mr. Kunal Anand, Ms. Eisha Sharma
and Mr. Tusharika Sharma, Advocates for respondent
no. 2.
Mr. Ankit Siwach, Advocate for respondent no. 3-
Municipal Corporation, Ludhiana.
Mr. I.K. Kapila, Advocates for respondent no. 7, 8 and
9.
Mr. Gaurav Agrawal, Amicus Curie.
Mr. Ranvir Singh, Executive Engineer, Municipal
Corporation, Ludhiana.
Mr. Jaspal Singh, Assistant Environmental Engineer,
Mr. Sandeep Kumar, Environmental Engineer, Ludhiana
and Mr. Amrekh Singh, Senior Law Officer, PPCB.
Mr. Kuldeep Bawa, SDM, Ludhiana.
Mr. Surindar Pal Singh, Officer on Special Duty,
Department of Industry and Commerce.
Application is registered based on a complaint received by Post
ORDER
1. The grievance in the present application is regarding discharge of industrial effluent by about 400 dyeing unit operating in Ludhiana District in violation of the environmental norms. O.A. No.225/2022 Nitin Dhiman Vs. State of Punjab & Ors.
-2-2. The case was last heard on 20.04.2023 and vide order dated 20.04.2023 M/s Punjab Dyers Association (Focal Point), SFC 36, First Floor Commercial Site, Phase V, Focal Point, Ludhiana was impleaded as respondent no. 9 and notice was ordered to be issued to the same and none appearance of respondents no. 1, 2, 4, 5 and 6 were noticed and the matter was order to be brought to the notice of the Chief Secretary, Government of Punjab and Learned Advocate General, Government of Punjab. Respondent no. 3-Municipal Corporation, Ludhiana and respondent no. 4-District Magistrate, Ludhiana was directed to file additional replies specifically mentioning (i) compliance status of all the three CETPs, (ii) compliance status of all the dyeing units connected with the CETPs, (iii) compliance status of all the 54 dyeing units which are not connected with the CETPs, (iv) present status of the dyeing industries connected with CETPs which were previously found to have connected their dyeing units with main sewer of the Municipal Corporation, Ludhiana, (v) number of dyeing units which are connected with sewer of the Municipal Corporation, Ludhiana and (vi) where the industrial effluent after treatment by CETPs is discharged. The information be given in tabular form which shall include status of all dyeing units setup in Ludhiana.
3. In compliance thereof replies/responses have been filed by respondent no. 4 vide email dated 25.05.2023, respondent no. 7 vide email dated 24.05.2023 and respondent no. 8 vide emails dated 24.05.2023. Mr. Surindar Pal Singh, Officer on Special Duty, Department of Industry and Commerce, Mr. Kuldeep Bawa, SDM, Ludhiana, Mr. Ranvir Singh, Executive Engineer, Municipal Corporation, Ludhiana, Mr. Jaspal Singh, Assistant Environmental Engineer, Mr. Sandeep Kumar, O.A. No.225/2022 Nitin Dhiman Vs. State of Punjab & Ors.
-3-Environmental Engineer, Ludhiana and Mr. Amrekh Singh, Senior Law Officer, PPCB and we have interacted with them.
4. It his reply, respondent no. 4-District Magistrate, Ludhiana has given the requisite information in tabular form and the relevant part of the reply filed by the District Magistrate, Ludhiana is reproduced below:-
"Reply of Surabhi Malik, IAS, District Magistrate, Ludhiana on behalf of the respondent no. 4 in compliance to the order dated 20.04.2023.
3) The Hon'ble National Green Tribunal has passed the order dated 20.04.2023 that respondent no. 4-District Magistrate, Ludhiana is directed to file additional reply specifically mentioning :-
(i) compliance status of all the three CETPs
(ii) compliance status of all the dyeing units connected with the CETPs
(iii) compliance status of all the 54 dyeing units which are not connected with the CETPs
v) Present status of the dyeing industries connected with CETPs which were previously found to have connected their dyeing units with main sewer of the Municipal Corporation, Ludhiana
(v) Number of dyeing units which are connected with sewer of the Municipal Corporation, Ludhiana
(vi) Where the industrial effluent after treatment by CETPs is discharged.
The information be given in tabular form which shall include status of all dyeing units setup in Ludhiana
4) A meeting of PPCB and MCL was convened on 10.05.2023 and reports on above mentioned 6 points on compliance status were sought from Punjab Pollution Control Board (PPCB) and Municipal Corporation, Ludhiana (MCL) within 7 days. Punjab Pollution Control Board vide its letter dated 16.05.2023 (Annexure-R4/1) and Municipal Corporation, Ludhiana vide its letter dated 24.05.2023 (Annexure-R4/2) have submitted the reports. On the basis of above reports, para wise reply is as follows:-
Sr. Information Reply
No. Sought
O.A. No.225/2022 Nitin Dhiman Vs. State of Punjab & Ors.
-4-
(i) Compliance 1. As per report received from status of all the Pollution Control Board,the three CETPs MOEF&CC vide notification no.
GSR978E dated 10.10.2016 has prescribed sector specific standards for discharge of effluent for the textile industries viz pH, Colour, SS, TDS, BOD, COD, O&G, T.Cr, Sulphide, SAR, Amm. Nitrogen (as N). The compliance status of three CETPs is as under:
CETP 50 MLD:
Previously, the CETP was not achieving the TDS parameter. Now, Punjab Pollution Control Board is complying with the MoEF&CC standards as per the last monitoring carried out in the month of April, 2023.
CETP 40 MLD:
Partially compliant except BOD and TDS parameters as per last monitoring carried out in the Month ' of April, 2023. This month BOD has been reported as 34 mg/I, whereas it was 18 mg/I during last month(March, 2023) against the MoEF&CC standards of 30 mg/I. The Board is continuously pursuing the SPV of CETP, for resource management to reduce the TDS at source.
The MoEF&CC, while disbursing Grant-in-Aid to SPVs of 40 MLD & 50 MLD CETPs has directed to achieve the stringent standards of BOD 10mg/I as well as for other parameters so as to utilize the treated effluent of CETPs onto land for irrigation. Department of Water Resources and Soil Conservation has been requested to prepare the schemes for utilization of treated effluent for onto land for irrigation.
CETP 15 MLD:
Partially compliant except TDS as per the last monitoring carried out in the month of April, 2023. Earlier, the CETP was not achieving the O.A. No.225/2022 Nitin Dhiman Vs. State of Punjab & Ors.-5-
results and has now carried out remedial measures including up- gradation of CETP. The Board is continuously pursuing the SPV of CETP, for resource management to reduce the TDS at source for which opportunity of personal hearings were given to SPV as well as individual members. Trials are undergone to replace salt based dyeing techniques with enzyme based dyeing processes to reduce TDS content at source.
The MOEF&CC vide its letter dated 18.03.2016 has directed M/s Bahadurke Textile & knitwear Association Limited to initiate the CETP based on conventional treatment system in phase-1 with adoption of ZLD in Phase-2 for which the association will apply to MOEF&CC at a later stage as an up-gradation case. The Punjab Pollution Control Board is perusing the SPV to adopt the ZLD scheme after getting necessary permission/ approvals from MoEF&CC.
(ii) Compliance 1. As per report received from status of all the Punjab Pollution Control Board, all dyeing units the member units are now connected with discharging their industrial and dyeing CETPs. domestic effluent to their respective CETPs through the dedicated conveyance system. Hence, their treatment of these member units is being imparted at the CETP only.
2. However, the Board is monitoring their activities to ensure that these units may not discharge their untreated effluents through Municipal sewer or directly into Buddha Nallah. Joint surveillance of Municipal Corporation and PPCB including night surveillance / odd hours is also being carried out.
Punjab Pollution Control Board is regularly initiating the action against the violator industries.
(iii) Compliance As per the reports received from status of all the Punjab Pollution Control Board, the 54 dyeing units status of dyeing units which are not which are not connected with the CETPs but connected with falling in the command area of the O.A. No.225/2022 Nitin Dhiman Vs. State of Punjab & Ors.
-6-
the CETPs sewerage network falling in the
jurisdiction of Municipal
Corporation, Ludhiana are as
under:
There are 12 large scale units. Out of which 09 are complying and 03 non-complying.
There are 26 dyeing units located at Industrial Area A. Out of which 16 are complying and 07 are non-
complying and rest 03 have been closed permanently.
There are further 16 scattered dyeing units, out of which 12 are complying, 02 are non-complying & rest 02 have been closed permanently. Punjab Pollution Control Board has initiated appropriate action for the violations observed from the above units.
As per report received from Municipal Corporation Ludhiana, the detailed list from Punjab Pollution Control Board has been received regarding the non-
complying units and Municipal Corporation Ludhiana is initiating action as per rules.
(iv) Present status of 1. As per report received from dyeing industries Punjab Pollution Control Board, connected with Government of Punjab, Department CETPs, which of Science, Technologies an were previously Environment vide letter no. found to have 1594066/1 dated 10.10.2019 has connected their issued direction u/s 5 of dyeing units with Environment Protection Act, 1986 to main sewer of the Municipal Corporation, the Municipal Ludhiana to disconnect the Corporation, connection of Industries from Ludhiana. Municipal sewer once connection to CETP conveyance system is achieved. The matter was regularly taken up with the Municipal Corporation, Ludhiana. The Chairman, Punjab Pollution Control Board has also issued a DO letter vide no. 9857 dated 25.04.2023 to Municipal Corporation, Ludhiana with the request to direct the concerned officers to disconnect the sewer connection of the dyeing industries O.A. No.225/2022 Nitin Dhiman Vs. State of Punjab & Ors.
-7-which are connected with the CETPS from municipal sewer.
2. Municipal Corporation, Ludhiana in its report has stated that in compliance with the directions received from Punjab Pollution Control Board, Municipal Corporation, Ludhiana vide its letter no. 66-PS/D dated 03.05.2023 has confirmed that sewer connections of the member units of dyeing CETPs have been disconnected from Municipal sewer.
(v) Number of That the contents of this dyeing units corresponding paragraph have which are already been replied in point iii. connected with Hence, are not being repeated sewer of the herein for the sake of brevity. Municipal Corporation, Ludhiana
(vi) Where the As per report received from Punjab industrial effluent Pollution Control Board , All CETPs after treatment are discharging their treated by CETPs is effluent into Buddha Nallah leading discharged. to River Sutlej.
"
5. No reply has been filed by respondent no. 3-Municipal Corporation, Ludhiana and respondent no. 9- M/s Punjab Dyers Association (Focal Point).
6. Respondents no. 3 and 9 are directed to file their replies in compliance of order dated 20.04.2023. Respondent no. 3 is also directed to take remedial measures and also mention in its reply all requisite details regarding remedial measures taken/to be taken with specific time lines for compliance with environmental norms.
7. In their replies respondents no. 7 and 8 have mentioned that the Government of Punjab had prepared a Project for use of treated water O.A. No.225/2022 Nitin Dhiman Vs. State of Punjab & Ors.
-8-discharge from CETPs and STPs of Ludhiana into Budha Nala for irrigation of agriculture land.
8. Respondents no. 1 and 4 are directed to file affidavits giving the present status of the said project of the Government of Punjab.
9. Reply/response be filed by Respondents no. 1, 3, 4 and 9 within two months by email at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
10. List the matter for further consideration on 08.08.2023
11. In view of the facts and circumstance of the case, we also consider personal appearance of officers duly authorised by the District Magistrate, Ludhiana and Commissioner, Municipal Corporation, Ludhiana and Regional Officer, PSPCB, Ludhiana before this Tribunal through VC on the date of hearing fixed to be essential for assisting this Tribunal in just and proper adjudication of the questions involved in the case and they are accordingly directed to remain present through VC before this Tribunal on that date.
12. A copy of this order be sent to the Chief Secretary, Government of Punjab, learned Advocate General, Government of Punjab by email for requisite instructions; a copy of this order along-with notice issued to the M/s Punjab Dyers Association (Focal Point) be sent to the District Magistrate, Ludhiana for requisite compliance for effecting service of notice on the M/s Punjab Dyers Association (Focal Point) and sending his report to this Tribunal; a copy of this order along with the paper book be sent to Mr. Gaurav Agarwal, Advocate, amicus curie for his record and to the Secretary, MoEF&CC, Member Secretary, PSPCB, Member Secretary, O.A. No.225/2022 Nitin Dhiman Vs. State of Punjab & Ors.
-9-Punjab State Legal Service Authority and Commissioner, Municipal Corporation, Ludhiana for information/compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM May 26, 2023 AG