National Green Tribunal
Sumit Saini vs Duna Panels Pvt. Ltd. (B K Industry) on 27 May, 2025
Items No. 24 to 51 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 849/2024
Sumit Saini Applicant
Versus
Wishwanath Plywood Industries & Ors. Respondents
With Original Application No. 850/2024 Sumit Saini Applicant Versus Jamuna Wood Tech Industries & Ors. Respondents With Original Application No. 851/2024 Sumit Saini Applicant Versus Heera Product & Ors. Respondents With Original Application No. 852/2024 Sumit Saini Applicant Versus Kunjan Wood Industries & Ors. Respondents With Original Application No. 853/2024 Sumit Saini Applicant Versus Burma Boards & Ors. Respondents With Original Application No. 854/2024 Sumit Saini Applicant Versus Duna Panels Pvt. Ltd. (B K Industry) & Ors. Respondents With Original Application No. 855/2024 Sumit Saini Applicant O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 2 Versus Pragati Industries & Ors. Respondents With Original Application No. 856/2024 Sumit Saini Applicant Versus Haploos Plyboards Pvt. Ltd. & Ors. Respondents With Original Application No. 857/2024 Sumit Saini Applicant Versus Haryana Joinery Mills & Ors. Respondents With Original Application No. 858/2024 Sumit Saini Applicant Versus Gokul Enterprises & Ors. Respondents With Original Application No. 859/2024 Sumit Saini Applicant Versus Nagpal Wood Industries & Ors. Respondents With Original Application No. 860/2024 Sumit Saini Applicant Versus Bhagwati Udyog & Ors. Respondents With Original Application No. 861/2024 Sumit Saini Applicant Versus Global India Wood Industries & Ors. Respondents With Original Application No. 862/2024 Sumit Saini Applicant O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 3 Versus Baba Plywood Pvt. Ltd. & Ors. Respondents With Original Application No. 863/2024 Sumit Saini Applicant Versus AR Wood Crafts Pvt. Ltd. & Ors. Respondents With Original Application No. 864/2024 Sumit Saini Applicant Versus Luxmi Timbers & Ors. Respondents With Original Application No. 865/2024 Sumit Saini Applicant Versus Classic Plywood Industries & Ors. Respondents With Original Application No. 866/2024 Sumit Saini Applicant Versus Burma Wood Products & Ors. Respondents With Original Application No. 867/2024 Sumit Saini Applicant Versus Metro Plyboards Pvt. Ltd. & Ors. Respondents With Original Application No. 868/2024 Sumit Saini Applicant Versus Alloy Steel & Castings & Ors. Respondents With Original Application No. 869/2024 O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 4 Sumit Saini Applicant Versus Vidhata Plywood Industries & Ors. Respondents With Original Application No. 870/2024 Sumit Saini Applicant Versus Suryodaya Wood Products & Ors. Respondents With Original Application No. 871/2024 Sumit Saini Applicant Versus Aggarwal Plywood Industries & Ors. Respondents With Original Application No. 872/2024 Sumit Saini Applicant Versus Jagdamba Dwellings Pvt. Ltd. & Ors. Respondents With Original Application No. 873/2024 Sumit Saini Applicant Versus Best Panels Industries & Ors. Respondents With Original Application No. 874/2024 Sumit Saini Applicant Versus Krishna Panels & Ors. Respondents With Original Application No. 875/2024 Sumit Saini Applicant Versus Krishna Enterprises & Ors. Respondents O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 5 With Original Application No. 876/2024 Sumit Saini Applicant Versus Shree Ram Steel Industries & Ors. Respondents Counsel for the Applicant:
Mr. Sumit Saini, Applicant in Person (Through VC).
Counsel for the Respondents:
Mr. Gaurav Agarwal & Mr. Sarthak Kalra, Advocates for Respondent in O.A.Nos. 849-856/2024, 858-860/2024 & 862-876/2024.
Mr. Rahul Khurana, Advocate for respondents no. 2 to 5-State of Haryana, HSPCB, SEIAA, Haryana and Deputy Commissioner, Yamuna Nagar.
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER Reserved on: 23.10.2024 Pronounced on: 27.05.2025 Judgment BY HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
1. Mr. Sumit Saini resident of village Damla, District Yamuna Nagar, Haryana had sent a letter petition dated 14.05.2022 to this Tribunal raising grievances involving substantial questions relating to environment and seeking intervention by this Tribunal for issuance of directions for protection of environment.
2. The letter petition was treated and registered as Original Application No. 373 of 2022 for exercise of suo motu jurisdiction as per law laid down O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 6 by Hon'ble Supreme Court in Municipal Corporation of Greater Mumbai V/s. Ankita Sinha and others 2021 SSC Online SC 897.
Grievances raised by the applicant
3. The relevant part of the letter petition enumerating the grievances raised by the applicant reads as under:-
"विषय: ग ांि में Pollution ब रे विक यत पत्र श्रीम न जी.
सविनय वनिेदन यह है वक मैं सुवमत सैनी ग ां ि वनि सी द मल , वजल यमुन नगर, हररय ण क स्थ यी वनि सी हूँ । मैं आपक ध्य न हम रे ग िां में होने ि ले pollution की तरफ वदल न च हत हां वजसक बहुत ज्य द बुर असर हम सब ग ां ि ि लो के स्व स्थय पर पड रह है ह ल ां वक इस सब को control करने की पूरी वजम्मेि री Pollution control board की बनती है परन्तु सभी प्रि सन ि सांम्बांवित Department के अविक री आां ख ि क न बांद करके बैठे हुए है इसवलए हम स्वच्छ हि ि जल के अपने अविक रोां के न्य य को प ने के वलए आपके प स आए है मैं आपको हम रे ग ां ि में होने ि ले Pollution की विक यत, समस्त ज नक री ि कुछ सुझ िोां के स थ 4 cases के रूप में दे रह हां जो की वनम्नवलखखत इस प्रक र से है Case No. 1.
हम रे ग ूँ ि में लगभग 25 के आस प स प्ल ईिुड की फैक्टररय चल रही है और पूरे वजले में 1000 के आस प स है । स थ ही स थ 5 के आस प स brick kiln भी चल रही है सभी के न म वनचे वदए गए है । ह ल वक कुछ के न म नहीां है क्ोांवक कई फैक्टररयोां ि kiln ने Name Plate ही नहीां लग रखे।
1. Wishwanath plywood industries
2. Jamuna wood tech industries
3. Goel brick kiln
4. Hira Product plywood
5. Kunjan wood industries
6. Burma board
7. Duna panel Pvt Ltd
8. Pragati industries
9. Haploos ply board pvt Ltd
10. Haryana joinery mill
11. Gokul plywood
12. Nagpal plywood
13. Bhagwati plywood
14. Global India wood industries O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 7
15. Bawa plywood
16. A.R wood craft Pvt Ltd
17. Laxmi timber
18. Classic plywood
19. Burma wood products
20. Metro plywood Pvt Ltd इन सभी के क ले िूएूँ (pictures attached) से क फी Air Pollution होत है हम रे ग ां ि में हर घर की छत पर क ली र ख पडी वमलती है ग ूँ ि ि वसयो क स्व स्थय ज्य द तर खर ब रहने लग है इन सभी ज्य द तर फैखक्टि योां में Pollution को वनयांत्रण करने ि ले सांयत्रण ही नहीां लगे हैं वकसी ने छोटे मोटे cyclone वदख ने के वलए लग रखे है जबकी िुऐ को त्तय म नको में ल ने के वलए बहुत स रे प्रबन्ध होने च वहए। जैसे की multi cyclone, water scrubber, bag filter etc. वफर इस गांदे प नी को भी स फ करने के वलए waste water treatment plant लगन च वहए। हमे यह भी सांदेह है वक कई कम्पवनयोां के boiler तय म नको (approved company) के अनुस र नहीां है । वजससे incomplete combustion होने से chimney की exhaust में क बबन ड इऑक्स इड के स थ स थ क बबन मोनोऑक्स इड, सल्फर ड ईऑक्स इड ि न इटि ोजन ऑक्स इड क भी उत्सजबन होत है जो वक हम रे वलए जहर से कम नहीां है । हम रे ग ां ि के पीने ल यक प नी में भी िोर की म त्र बड रही है हमे सांदेह है वक कुछ फैखक्टि य ां जमीन मे bore well करके गांद प नी इसमें ड ल रही है वजससे भूवमगत प नी की Quality खर ब हो रही है । हम म ननीय न्य यलय से गुज ररि करते हैं वक इन सब ब तोां क सांज्ञ न वलय ज ए। ि दोवषयोां के खखल फ क रब ि ई की ज ए। स थ ही स थ इस ब त की भी ज ां च वक ज ए की इन सब फैखक्टि य को ग ां ि में बस ने के वलए वकस Law के अन्तगबत No objection certificate issue वकए गए थे त वक अविक रीयोां के खखल फ भी क रब ि ई हो। ये सब ग ां ि की सीम मे चल कैसी रही है ।
हम म ननीय court से यह भी गुज ररि करते हैं । वक हम रे पुर ने अनुभिोां के आि र पर, यह सच है वक विक यत पर क रि ई होने पर system कुछ समय तक तो सही रहत है । थोडे समय ब द वफर से िहीां चलने लगत है इसवलए court ग ां िोां ि ले educated लोगोां की एक कमेटी बन ए ि सबको क नून ि तय म नको की ज नक री दी ज ए। इस कमेटी के सदस्य वनयवमत समय पर Pollution Department के स थ inspection पर ज ए। त वक Corruption ि वमवल भगत पर लग म लग यी ज सके। कोई भी ग ां ि ि सी वफर भी वकसी फैक्टि ी में से क ल िुआां वनकलत दे खे तो तुरांत Picture ले के सम्बखन्धत अविक री को दे और आविक री तुरांत Action से कर क रब ि ई ि जुम ब न लग ए। अगर ऐस नहीां होत तो अविक री के खखल फ क रि ई की ज ए। इस कमेटी में भी अगर ग ां िो ि लो को लगत है वक हम री कमेटी के member भी corrupt हो गए है तो तय सांख्य में ग ां िोां के लोग सहमवत से कमेटी भांग करे ि नई क वनम ब ण करे ।
Case No. 2:
हम रे ग ूँ ि में वपछले 1 िषब से 200 TPD CNG plant स्थ वपत करने क क यब M/s sps bio chem pvt. Ltd. द्व र वकय ज रह है वजसमे िुगर वमल की मल्ली क उपयोग करते हुए Bio gas क वनम ब ण वकय ज एग . अभी 1-2 महीने से company ने िुगर वमल की मल्ली को एकवत्रत करन िुरु कर वदय है क्ोवक िुगर वमल 5 महीने के आस प स ही क यबरत रहत है । इसवलए company ने 72000 Ton Per Year के वहस ब से मल्ली की कुछ Quantity अपनी company में और बहुत ज्य द प स में जमीन Lease पर ले कर store कर ली है । इतनी ज्य द मल्ली से आस प स के सभी ग ां िोां में दु गबि रहती है इस से वनकलने ि ली वमथेन गैस से भी स्व स्थ्य सम्बन्धी परे ि वनय हो रही है मक्खी ि मच्छर भी बहुत हो गए है हमने इसकी विक यत भी की थी Pollution Department में परन्तु अब तक कोई क यबि ही नहीां हुई है मौके पर SDO pollution department आ चुके है । Company ि लो ने sdo को पेपर वदख ने से मन कर वदय ि ज नक री नहीां दी। तब भी 1 महीन गुजर ज ने पर विभ ग की तरफ से कोई भी क रि ई नहीां हुई है और SDO हमे ही सल ह दे कर चले गए थे, वक आपको ही रोड ज म करन पडे ग . DC, cm window ि city Megistrate से भी विक यत कर चुके हैं परन्तु कुछ नहीां हुआ।
O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 8 हम म ननीय न्य यलय से अपील करते हैं वक इस म मले पर सांज्ञ न वलय ज ए। ि कम्पनी को सील वकय ज ए। वकस म नकोां के वहस ब से कम्पनी को ग ूँ ि मे लग ने की अनुमवत प्रद न की गई हैं । इस से उत्पन होने ि ली वमथेन ि co2 गैसे कह कैप्चर होगी। जबवक पहले से ही 25 फैखक्टि य co2 emission कर रही है इतने पेड भी नहीां है ये Co2 हि से भ री होने के क रण िरती के प स रहे गी तथ हमे नुकस न करे गी। ये इतन बड 5000 kg per day Bio Gas generation plant वजसको compression करके CNG बनेगी, वकस safety standard के अनुस र ग ां ि मे लग य ज रह है अगर कल को कुछ अनहोनी/blast होती है तो उसक वजम्मेि र कौन होग । जो कम्पनी इस Plant को लग रही है । उसक इतन बड Plant लग ने क अनुभि है य नहीां। ये press mud waste भी Agro residue में नहीां industrial waste में आत है इसको फैक्टरी कैसे खुले में store कर रही है । इसमें chemical और PH ज्य द होने से इसके waste water ि ख द को भी विकी वकय ज सकेग य नहीां, सांदेह है ।
Pictures सांगवलत कर रहे है ।
Case No. 3:
हम रे ग ूँ ि की सीम के प स यमुन नगर नगर वनगम ने Munciple solid waste dump site बन दी है । वजसक वकसी भी तरह से झट ां ि ि वनपट र नहीां वकय ज रह है वदख िे के वलए खर ब मिीने खडी कर दी है इस Msw से भी ग ूँ ि में दु गंि आती है म ननीय नय यलय इसकी भी ज ां च करे वक corporation वकस वनयम से जगह जगह जमीन ले कर dump site बन दे त है ि इसक सही से वनपट र भी नहीां करत । इस corporation क charge भी DC के प स ही है । तो विक यत पर क रि ही कौन करे ग । म ननीय न्य य लय से प्र थबन करते हैं की इसकी ज ां च कर के दोवषयोां के खखल फ क रब ि ई की ज एां ।
Pictures सांगवलत कर रहे हैं ।
Case No. 4:
हम रे ग ूँ ि की सीम से यमुन नदी वनकलती है । इसके प स से ही सम ां तर वदि में न ल वनकल रह है वजसमे वजले की फैखक्टि यो द्व र waste water झोड ज त है इसकी quality (BOD, COD level) भी तय म नको के अनुस र नहीां लगती है । प नी बहुत ही क ल ि Muddy type है जो बहुत दु गंि करत है और कहीां न कही यमुन नदी में ही ज एग । इससे मच्छर भी बहुत होते है । म ननीय न्य यलय से गुज ररि है वक इसकी ज ां च ि दोवषयोां के खखल फ कडी क रि ई कर ई ज एां .
Pictures सांगवलत कर रहे हैं ।
कृप्य करके आप उपरोक्त विक यतोां पर सांज्ञ न ले ि उच्च स्तर की कमेटी बन कर म मलो की ज ां च कर ई ज ए। वजससे पय ब िरण सांरक्षण हो सके तथ हम सब स्वच्छ हि में स ां स ले सके। आप ही हम सब की अब अखन्तम उमीद है । हम सब ग ूँ ि ि ले इसके वलए आपके सद आभ री रहे गें। अगर यही सुझ ि पूरे भ रत मे ल गू हो ज ए, वजसमे स्थ यी वनि वसयो को भी पय ब िरण क नून ि म नको की ज नक री ि सांम्बवित विभ ग के स थ क रि ई करने की छूट दी ज ए तो मेर म नन है वक हम र दे ि Pollution मुक्त हो सकत है और हम अपन स्व स्थय भी ठीक रख प एां गे ि ब हरी दे िो में हां सी के प त्र भी नहीां बनेगें।"
4. The English Translation by the Registry of the above quoted part of the letter petition reads as under:-
"Subject: Complaint about pollution in the village Sir, O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 9 It is my humble request that I am Sumit Saini, a permanent r/o village Damla, district Yamunanagar, Haryana. I want to draw your attention towards the pollution in our village which is having a very bad effect on the health of all the villagers. Although the entire responsibility of controlling all this lies with the Pollution Control Board, but all the officials of the administration and the concerned department are sitting with their eyes and ears closed, so we have come to you to get justice for our rights to clean air and water.
I am giving you the complaint about the pollution in our village along with all the information and some suggestions in the form of 4 cases which are as follows:
Case No. 1.
There are around 25 plywood factories running in our village and around 1000 in the entire district. Along with this, around 5 brick kilns are also running, the names of all of them are given below. However, the names of some are missing because many factories and kilns have not installed name plates.
1. Wishwanath plywood industries
2. Jamuna wood tech industries
3. Goel brick kiln
4. Hira Product plywood
5. Kunjan wood industries
6. Burma board
7. Duna panel Pvt Ltd
8. Pragati industries
9. Haploos ply board pvt Ltd
10. Haryana joinery mill
11. Gokul plywood
12. Nagpal plywood
13. Bhagwati plywood
14. Global India wood industries
15. Bawa plywood
16. A.R wood craft Pvt Ltd
17. Laxmi timber
18. Classic plywood
19. Burma wood products
20. Metro plywood Pvt Ltd The black smoke from all these (pictures attached) causes lot of air pollution.
In our village, black ash is found on the roofs of every house. The health of the villagers is mostly deteriorating. In most of these factories, there are no plants to control pollution. Someone has installed small cyclones just for show, whereas there should be many arrangements to bring the smoke within proper standards. Like multi cyclone, water scrubber, bag filter etc. A waste water treatment plant should be installed to clean this dirty water also. We also suspect that the boilers of many companies are not as per the approved standards. Due to incomplete combustion, along with carbon dioxide, carbon monoxide, sulphur dioxide and nitrogen oxide are also emitted in the exhaust of the chimney, which is no less than poison for us. The amount of saltpetre is also increasing in the drinking water of our village. We suspect that some factories are making bore wells in the ground and pouring dirty water in it, due to which the quality of underground water is deteriorating. We request the honourable court to take cognizance of all these matters and take action against the culprits. Along with this, it should also be investigated O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 10 under which law the No Objection Certificates were issued to set up all these factories in the village so that action can be taken against the officials as well. How is all this going on within the limits of the village.
We also request the honourable court that based on our past experiences, it is true that when action is taken on a complaint, the system remains fine for some time. After some time, it starts working again. Therefore, the court should form a committee of educated people from the villages and everyone should be informed about the law and the set standards. The members of this committee should go for inspection with the Pollution Department on a regular basis so that corruption and collusion can be curbed. If any villager still sees black smoke coming out of a factory, he should immediately take a picture and give it to the concerned officer and the officer should immediately take action and impose a fine. If this does not happen then action should be taken against the officer. In this committee also, if the villagers feel that the members of our committee have also become corrupt, then a fixed number of villagers should dissolve the committee with consent and form a new one.
Case No. 2:
For the last 1 year, M/s SPS Bio Chem Pvt. Ltd. is working on setting up a 200 TPD CNG plant in our village in which bio gas will be produced using the sugar mill waste. For the last 1-2 months, the company has started collecting the sugar mill waste because the sugar mill remains operational for only around 5 months. Therefore, the company has stored some quantity of Malli at the rate of 72000 Ton per Year in its company and a lot of it on leased land nearby. Due to so much Malli, there is a foul smell in all the nearby villages. The methane gas emitted from it is also causing health related problems. There are too many flies and mosquitoes. We had also complained about this to the Pollution Department but no action has been taken so far. The SDO of the pollution department has already come to the spot. The company people refused to show the papers to the SDO and did not give any information. Even after a month has passed, no action has been taken by the department and the SDO left after advising us that we will have to block the road. We have also complained to the DC, CM Window and City Magistrate but nothing happened.
We appeal to the honourable court to take cognizance of this matter and seal the company. On what basis has the company been given permission to set up in the village? Where will the methane and CO2 gases produced by this be captured? While already 25 factories are emitting CO2 and there are not that many trees. This CO2 being heavier than air will remain near the earth and will harm us. This huge 5000 kg per day Bio Gas generation plant, which will be compressed to produce CNG, is being set up in the village according to which safety standard, if something untoward/blast happens tomorrow, who will be responsible for it? Does the company have experience of setting up such a large plant or not? This press mud waste also does not come under agro residue but industrial waste, how is the factory storing it in the open? Due to the presence of chemicals and high PH in it, it is doubtful whether its waste water and manure can be sold or not.
Pictures are attached.
Case No. 3:
O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 11 The Yamuna Nagar Municipal Corporation has made a Municipal solid waste dump site near the border of our village which is not being removed or disposed of in any way. Faulty machines have been parked for show of. This MSW also emanates a foul smell in the village. The honourable court should also investigate under which rule the corporation acquires land from different places and makes dump sites and does not even dispose of it properly. The charge of this corporation is also with the DC, so who will take action on the complaint. We request the honourable court to get this investigated and take action against the culprits.
Pictures are attached.
Case No. 4:
The Yamuna River flows through the boundary of our village. A drain flows parallel to it in which the waste water from the factories of the district is dumped. Its quality (BOD, COD level) also does not seem to be as per the set standards. The water is very black and muddy type which smells very bad and will end up in the Yamuna River somewhere. This also causes a lot of mosquitoes. It is requested to the honourable court to investigate this and take strict action against the culprits.
Pictures are attached.
Please take cognizance of the above complaints and form a high-level committee to investigate the matter so that the environment can be protected and we can all breathe in clean air. You are our last hope now. We all villagers will always be grateful to you for this. If this suggestion is implemented in the whole of India, in which permanent residents are also given information about environmental laws and standards and are allowed to take action with the concerned department, then I believe that our country can become pollution free and we will be able to maintain our health and will not become a laughing stock in foreign countries."
5. Initially all the four grievances raised by the applicant were dealt with by this Tribunal by passing orders on original application registered as O.A. No. 373/2022.
6. Vide order dated 24.05.2022 this Tribunal constituted a Joint Committee comprising representatives of State Environment Impact Assessment Authority (SEIAA), Haryana, Haryana State Pollution Control Board (HSPCB) and Deputy Commissioner, Yamuna Nagar and directed the same to verify the factual position, look into the grievances and take remedial action in accordance with law by following due process and file factual and action taken report within two months. O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 12
7. In compliance thereof Regional Officer, HSPCB, Yamuna Nagar filed report of the Joint Committee vide email dated 28.09.2022.
8. In the course of hearing State of Haryana, HSPCB, SEIAA, Haryana, Deputy Commissioner, Yamuna Nagar and M/s. S.P.S. Bio Chem Pvt. Ltd.
were impleaded as respondents no. 1 to 5 vide order dated 29.09.2022.
Subsequently, Municipal Corporation, Yamuna Nagar was impleaded as respondent no. 6 vide order dated 17.01.2023, five brick kilns were impleaded as respondents no. 7 to 11 vide order dated 18.04.2023 and the 28 plywood industries were impleaded as respondents no. 12 to 39 vide order dated 18.04.2024.
9. Reports were filed by the Joint Committee and replies/responses were filed by the respondents as placed on record in the above mentioned original application i.e., O.A. No. 373/2022.
10. Vide order dated 18.04.2024 passed in O.A. No. 373/2022 the Registry was directed to separate cases against each of the Project Proponents impleaded as respondents no. 5 to 39 by preparing Photostat copies of the relevant records and registering separate original applications by treating O.A. No. 373/2022 as case against respondent no. 5 and preparing and registering 34 other cases against remaining 34 Project Proponents. Notices were ordered to be issued to the 28 plywood industries impleaded as respondents no. 12 to 39.
11. In this Judgment only the reports of the Joint Committee, replies filed by the Project Proponents impleaded as respondents no. 12 to 39 and replies/reports filed by other respondents as well as the documents enclosed with the same pertaining to 28 plywood industries are referred and the reports of the Joint Committee, replies/reports filed by other Project Proponents and other respondents and the documents enclosed O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 13 with the same pertaining to grievances no. (ii) to (iv) raised by the applicant in the above quoted letter petition are not referred herein.
Interim report of the Joint Committee
12. In compliance of order dated 24.05.2022, the Regional Officer, HSPCB, Yamuna Nagar filed 'Interim report of the Joint Committee in compliance of order dated 24.05.2022' vide email dated 28.09.2022.
The relevant part of the report reads as under:-
"INTERIM REPORT IN COMPLIANCE OF ORDERS
DATED 24.05.2022.
X X X X
3. That on 20.7.2022, the Dy. Commissioner, Yamuna Nagar nominated the City Magistrate as his representative. As per directions of Hon'ble NGT a team of the following Officers was constituted:-
I. Sh. Ashok Kumar, HCS, CTM, Jagadhri (Representative of Deputy Commissioner, Yamuna Nagar).
II. Sh. Vijay Kumar Gupta, Chairman, SEAC. III. Sh. Nirmal Kumar, the then Regional Officer, HSPCB, Yamuna Nagar.
IV. Sh. Naresh Kumar, AEE, HSPCB, Yamuna Nagar.
X X X X
7. STATUS OF PLYWOOD MANUFACTURING UNITS AND BRICK KILNS
a) The complainant Sh. Sumit Saini alleged that plywood manufacturing units and brick kiln are being run in village Damla without having Pollution Control Systems and he has also informed that these units are discharging untreated effluents into ground water and also emitting smoke/ fly ash.
b) The status of plywood manufacturing units and brick kilns as per record maintained with the HSPCB are herewith as Annexure-R- 7 & Annexure-R-8.
c) Further, it is submitted that these units are running in compliance of the provisions of Water Act/Air Act and having valid CTO. There is no source of trade effluent in the plyboard manufacturing unit as well as brick kiln except domestic effluent. These units are having own septic tank in the premises. Moreover, these units are having Adequate APCM. The monitoring of each industry has been carried out as and when required. However, fresh sampling of air emissions shall be taken and placed on record in due course.
O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood
O.A. No. 876/2024 Industries & Ors. with connected matters
14
X X X X"
13. Vide order dated 29.09.2022 the Joint Committee was directed to make further inspection/visits, look into grievances regarding plywood industries and submit its further action taken report within two months.
Report of the Joint Committee filed vide email dated 16.01.2023
14. In compliance of order dated 29.09.2022, report on behalf of HSPCB was filed by Mr. Nitin Mehta, Regional Officer, HSPCB, Yamuna Nagar vide email dated 16.01.2023. The relevant part of the report is reproduced below:-
"REPORT ON BEHALF OF HARYANA STATE POLLUTION CONTROL BOARD IN COMPLIANCE OF ORDERS DATED 29.09.2022 X X X X
2. That pointwise status of grievances are as under:
a) Status of plywood manufacturing units and brick kiln: In this regard, it is informed that in compliance of the order of Hon'ble NGT, the Regional Office Yamuna Nagar requested to the Head Office to conduct the inspections of the plyboard manufacturing units and Brick kilns, which is the mentioned in this O.A. and accordingly Mr. Shivender Singh, Scientist-B posted in Head office, HSPCB, Panchkula has been deputed to conduct inspections of these units. Thereafter, he has conducted inspections of 16 no. units. Out of 16 units inspected/ visited, 12 units were found compliant. 3 units were found non-operational and 1 unit was without adequate facility of sampling. These 4 units shall be inspected again along with other non-inspected units. A tabulated chart about inspection of Plywood Manufacturing units is attached herewith as Annexure-
R/1. Rest of the inspections will be completed in next one month and complete report w.r.t compliance and non- compliance and Action Taken against non-compliance units shall be submitted in two months time.
X X X X X"
15. This Tribunal considered the report on 17.01.2023 and observed that only 16 out of 25 ply wood units were inspected and in the report the aspects regarding compliance with consent conditions by individual ply wood industries were not looked into. This Tribunal recorded its O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 15 dissatisfaction with respect to the manner in which the Joint Committee and HSPCB acted/purported to act without requisite compliance with the orders passed by this Tribunal and the manner in which incomplete and vague reports were submitted. The Chairman and the Member Secretary of the HSPCB were directed to personally look into these aspects and take appropriate remedial measures for due compliance of orders of this Tribunal in future. The Joint Committee was again directed to visit the spot and submit its report in respect of all the grievances raised in the application with all relevant documents and all relevant details and HSPCB was directed to take appropriate remedial action, in discharge of its statutory obligations, in accordance with law. The Joint Committee and HSPCB were directed to file Action Taken Report within one month.
Report of the Joint Committee filed vide email dated 18.02.2023
16. Report of the Joint Committee was filed vide email dated 18.02.2023. The relevant part of the report is reproduced below:-
"Report on Behalf of Haryana State Pollution Control Board in Compliance of Orders dated 17.01.2023.
X X X X
2. That pointwise status of grievances are as under:-
a) Status of plywood manufacturing units and brick kiln:- In this regard, it is informed that in compliance of the order of Hon'ble NGT, there are 28 nos. of plywood manufacturing units and 05 nos. of Brick Kilns mentioned in the complaint filed by Sh.
Sumit Saini. As per directions by Hon'ble NGT, all the units (Plywood manufacturing units and Brick Kilns) are inspected and the compiled status is attached as Annexure-R/1 and Annexure- R/2 respectively. The copies of Analysis Reports of 24 Nos. Plywood Units and 02 Nos. of Brick Kilns are attached as Annexure-R/3 and Annexure-R/4 respectively.
X X X X X"
Applicant's Response dated 03.01.2023
17. The applicant filed response dated 03.01.2023 to report dated O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 16 28.09.2022 filed by HSPCB. The relevant part of response reads as under:-
"विषय: Reply to report submitted to hon'ble court on dated 28/09/2022 by HSPCB on O.A 373/2022 X X X X X सविनय वनिेदन यह है वक मैं सुवमत सैनी ग ां ि वनि सी द मल , वजल यमुन नगर, हररय ण क स्थ यी वनि सी हूँ । मेरे द्वारा माननीय न्यायालय में case No. 373/2022 याविका दायर की गई है । विसमे माननीय न्यायालय के आदे श पर HSPCB द्वारा इससे सम्बंवित Report वदनांक 28/09/2022 को कोर्ट में पेश की गई है । विसके सम्बन्ध में , मैं अपना तकट ि कुछ तथ्य माननीय न्यायालय के सामने इस Letter के माध्यम से रखना िाहता हं ।
जैस वक Haryana pollution control board की report से लगत है । वक सब ठीक है य ये पूरी वनयांत्रण से सब कुछ ठीक तरह से क म कर रहे हैं । ज वहर भी है । वक अपनी गलती कौन म नत है । जबवक ि स्ति में प ररखस्थवतय इसके विपररत है । सब ज नते है वक ि स्ति में AQI index पूरे दे ि में कैसे है । नवदयो क ह ल कैस है । इसी प्रक र हम रे ग ां ि में वकसी से भी पूछ सकते हैं इन फैखक्टि योां से वनकलने ि ली क ली र ख और िुएां की कह नी। जबवक Department के वहस ब से सब ठीक-ठ क है । ये अफसर और सरक रे तो पैस कम के कही और चले ज ते हैं फैक्टरी म वलक भी करोडो कम के कही भी ईल ज कर लेगे। पर िह के रहने ि ले लोग pollution से होने ि ली वबम ररयोां मे ही उलझ के रह ज ते हैं जो कही ज भी नहीां सकते। इसवलए बस म ननीय न्य य लय की तरफ आखखरी उम्मीद ि आि करते हुए हम दे ख रहे हैं वक हमे अपने मौवलक अविक र स फ हि ि स फ प नी वमल सके। मै खुद अपनी ज न ि म ल को खतरे में ड ल कर सही करने की कोविि कर रह हां ।
कुछ तथ्य की ज नक री (submitted report के खखल फ) मै 4 cases के रूप में दे रह हां जो की वनम्नवलखखत इस प्रक र से है Case No. 1: Status of Plywood factory and bricks kiln जैस वक pollution Department ने अपनी ररपोटब में कह है वक सबको CTO दी गई है सब वनयमो से सही चल रह है । लेवकन Department तो छोटी सी क यबि ही य ज ां च भी अपने Head department की Permission के वबन नहीां करत । कोटब द्व र वदए गए वनदे िोां (दु ब र visit) को भी इनके द्व र पहले head office से chairman की permission लेकर अमल में ल य गय । तो ये हम रे वलए क् सही क म करे गे ।
HSPCB ने मेरे एक पूछे गए सि ल क Answer नही वदय वक यह सब फैखक्टि य ां ग ां ि के residential area मे कैसे चल रही है। जबवक इनके एक documents मे खुद वलख है वक ऐस नहीां हो सकत । मै इस document क पेज yellow mark annexure-1 करके attached कर रह हां।
इसके स थ ही Report मे वदख य गय है वक सभी pollution control equipment installed हैं । जबवक इनके ही एक Document में वदख य गय है वक small boiler में multi cyclone के स थ bag filter भी होन च वहए। मै इस document क पेज yellow annexure 2 करके attached कर रह हां । इस प्रक र Bag filter होन च वहए िो कही नही बत य गय है । जबवक Department ने economiser/air preheater को pollution control equipment में वदख य है । जो इस categories मे आत ही नहीां है ।
अभी नए Rules मे कई तरह की कम्पवनयो को लगने के वलए pm level 25 mg/nm3 तक recommend वकय गय है परन्तु plyboard industry के वलए अभी तक 1200 mg/nm3 से उपर है । जो वक समय के स थ कम होन च वहए थ । क्ोवक 15-20 स ल पहले वगनी चुनी फैक्टररय होती थी परन्तु अब इनकी सांख्य बहुत ज्य द है । इस प्रक र emissions भी ज्य द होग । वजसके वलए म नको में सुि र होन च वहए थ । अब तो technology भी उपलब्ध है परन्तु सुि र की कोई भी recommendation board द्व र नही की गई है । Cyclone वसफब Particulate matter को रोक सकत है िो भी अगर new technology से high efficient design हो। जबवक हम रे ग ूँ ि की छतो पर क ली र ख कोई भी आकर दे ख सकत है । इतनी सख्य में फैखक्टि योां से sulphur dioxide and nitrogen dioxide को control करने के वलए O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 17 कुछ भी प्रि ि न नही है । वजसको स फ करने के वलए water scrubber होन च वहए। वफर इस recirculate प नी को भी स फ करने के वलए ETP plant होन च वहए ।
HSPCB की report में वलख है वक इस फैखक्टि योां में domestic effluent के अल ि कुछ भी प नी waste नहीां है । वजसके वलए septic tank है । जबवक सभी फैखक्टि य ां ply को वचपक ने के वलए glue तैय र करती है वजसमें urea और chemical क इस्तेम ल होत है । इसक कुछ Avg. waste (Company capacity basis) 200-1000 liter/week वनकलत है जो फैखक्टि य ऐसे ही ड लती होगी इिर उिर ! Department ने bricks kiln में इस्तेम ल pollution control equipment क तो कुछ बत य ही नही। सब ऐसे ही चल रह है । और ये CTO प स कर रहे है ।
मैं एक छोट स आकड पेि कर रह हां । Report के अनुस र Avg. 3-5 ton boiler को consider करते हुए अगर इसमे Avg. 1.5 ton wood scrap प्रवत घांटे जलत है तो 28 फैखक्टि यो में Avg. 42 ton/hour wood scrap जलत है जो वक पूरे वदन मे वकतन होग । और पूरे महीने ि िषब मे वकतन होग । और पूरे यमुन नगर वजले जह 700+ फैखक्टि य है । इस प्रक र वकतन ज्य द pollution load है िो भी वसफब इन प्ल ईिुड फैखक्टि यो से। और department कहत है वक सब ठीक है तो इनके द्व र सुि र करन तो भूल ज ए हम ।
ज वहर है सर वक ये सरक रे , अफसर और फैक्टरी म वलक वमल कर पय ब िरण को त क पर रखकर अपनी जेबे भरते हैं और आम न गररकोां को रोजग र दे रहे हैं बोल कर उन्हे वबम ररयो की तरफ ढ़केल वदय ज त है और सरक रे बोलती है । हम तुम्ह रे वलए जगह जगह पर cancer hospital बन रहे है ।
अगर सब सही है तो हमारे पीने के पानी मे शौरे की मात्रा क्ों बढ़ती िा रही है । AQI index क्ो नही सही होता है । िो कभी वबलकुल साफ़ होते थे। इनके वलए और भी factor विम्मेदार हो सकते है पर सबसे खतरनाक और ज्यादा industrial pollution है । विसको रोकना अवत आिश्यक है ।"
18. The English Translation by the Registry of the response dated
03.01.2023 filed by the applicant reads as under:-
"Subject: Reply to report submitted to hon'ble court on dated 28/09/2022 by HSPCB on O.A 373/2022 X X X X I am Sumit Saini, a permanent resident of village Damla, district Yamunanagar, Haryana. I have filed a petition in the Hon'ble Court in case No. 373/2022 in which, on the order of the Hon'ble Court, the related report has been presented in the court by HSPCB on 28/09/2022. I want to put my argument and some facts before the Hon'ble Court through this letter in this regard.
As it seems from the report of Haryana Pollution Control Board that everything is fine or they are working properly with full control. It is also obvious that who accepts his mistake. Whereas in reality the situation is the opposite. Everyone knows how the AQI index is in the whole country. What is the condition of the rivers? Similarly, you can ask anyone in our village about the story of black ash and smoke coming out of these factories. Whereas according to the department everything is fine. These officers and O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 18 governments earn money and go somewhere else, factory owners can also earn crores and get treatment anywhere. But the people living there are entangled in the diseases caused by pollution and cannot even go anywhere. Therefore, we are looking towards the honourable court with last hope and expectation that we can get our fundamental right of clean air and clean water. I myself am trying to correct it by putting my life and property in danger.
I am giving some factual information (against the submitted report) in the form of 4 cases which are as follows:
Case No. 1: Status of Plywood factory and bricks kiln As the pollution department has said in its report that everyone has been given CTO and everything is going according to the rules. But the department does not even take small action or investigation without the permission of its head department. The instructions given by the court (revisit) were also implemented by them after taking permission from the chairman of the head office. So, what good work will they do for us.
HSPCB did not answer my question that how are all these factories running in the residential area of the village. Whereas in one of their documents it is written that this cannot happen. I am attaching the page of this document by marking it in yellow as Annexure-1.
Along with this, it has been shown in the report that all pollution control equipment is installed. While in one of their documents it has been shown that in small boiler there should be bag filter along with multi cyclone. I am attaching page 2 of this document as yellow annexure. It has not been mentioned anywhere that there should be bag filter. While the Department has shown economiser/air preheater in pollution control equipment and they do not belong to this category at all.
As per the new rules, PM level upto 25 mg/nm3 has been recommended for many types of companies but for the plywood industry it is still above 1200 mg/nm3. Which should have reduced with time. There were only a few factories 15-20 years ago but now their number is very high. Thus, emissions will also be more. Standards should have been improved. Now technology is also available but no recommendation for improvement has been made by the board. Cyclone can only stop particulate matter and that too if it is designed with high efficiency with new technology. Whereas anyone can come and see the black ash on the roofs of our village. There is no provision to control sulphur dioxide and nitrogen dioxide from so many factories. There should be water scrubber to clean it. After that, there should be ETP plant to clean this recirculated water also.
It is written in the HSPCB report that apart from domestic effluent, there is no water waste in these factories. There is a septic tank for this. Whereas all the factories prepare glue for sticking O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 19 plywood in which urea and chemicals are used. This produces an average waste (company capacity basis) of 200-1000 liters/week which the factories must be dumping here and there! The department did not say anything about the pollution control equipment used in the brick kiln. Everything is going on like this. And they are passing the CTO.
I am presenting a small statistic. As per the report, considering avg. 3-5 ton boiler, if avg. 1.5 ton wood scrap is burnt per hour, then avg. 42 ton/hour wood scrap is burnt in 28 factories, how much would it be in a whole day. How much would it be in a whole month and year? The entire Yamuna Nagar district has 700+ factories. Thus, how much pollution load is there and that too only from these plywood factories. And the department says that everything is fine, so we should forget about any improvement by them.
It is clear Sir that these governments, officers and factory owners together fill their pockets by ignoring the environment and by saying that they are providing employment to the common citizens, they are pushed towards diseases and the governments say that we are building cancer hospitals for you at various places.
If everything is right then why is the amount of salt in our drinking water increasing? Why is the AQI index not correct? Which used to be absolutely clean once? Other factors can also be responsible for this but the most dangerous and biggest is industrial pollution which is very important to stop."
19. In its report filed vide email dated 18.02.2023, the Joint Committee submitted its comments on the response dated 03.01.2023 filed by the applicant. The relevant part of the report reads as under:-
"Comments on the response dated 03.01.2023 filed by Sh. Sumit Saini resident of village Damla, District Yamuna Nagar, Haryana. In this regard, it is submitted that Joint Committee Report dated 28.09.2022 was filed before the Hon'ble National Green Tribunal on the basis of facts and records.
Case No.1-Status of plywood manufacturing units and brick kiln:-In this connection, it is submitted that the compiled status of compliance may also read as already annexed as Annexure-R1 and Annexure-R2. The units mentioned in the complaint were established since 1997 to 2004. These units are operating after obtaining CTO from the Board after verifying the compliance made by these units. O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 20 As per Standards for Emission or Discharge of Environmental Pollutants as per Schedule -- I (See rule 3), issued under The Environment (Protection) Rules, 1986, the parameters for Industrial Stack Monitoring for the boilers is reproduced as under:-
Steam Pollutant Emission limit
generation (mg/Nm3)
capacity (tph)
Less than 2 Particulate Matter 1200*
2 to less than 10 Particulate Matter 800*
10 to less than 15 Particulate Matter 600*
15 and above Particulate Matter 150**
* To meet the respective standards, cyclone/ multi-cyclone is recommended as control equipment with the boiler.
** To meet the standard, bag filter/ ESP is recommended as control equipment with the boiler.
As per the criteria fixed, all these units mentioned in the complaint are having boilers of capacity less than 15 TPH and have installed adequate pollution control device i.e. Cyclone/Multi- cyclone.
All these units have provided septic tank for disposal of domestic effluent and no industrial effluent is generated from these units.
X X X X"
Applicant's Response dated 17.02.2023
20. The applicant filed response dated 17.02.2023 to reports dated 18.09.2022 and 16.01.2023. The relevant part of the same reads as under:-
"विषय : मेरे द्वारा कुछ प्रश्न ि तथ्य (on submitted report to hon'ble court dated 28/09/2022 and 16/01/2023 by HSPCB on O.A 373/2022) X X X X सविनय वनिेदन यह है वक मैं सुवमत सैनी ग ां ि वनि सी द मल , वजल यमुन नगर, हररय ण क स्थ यी वनि सी हूँ । मेरे द्व र म ननीय न्य य लय में case No. 373/2022 य वचक द यर की गई है । वजसकी अगली सुनि ई वदन ां क 21/02/2023 को है । इसीवलए मैं कुछ नये प्रश्न ि तथ्य म ननीय न्य य लय के स मने इस Letter के म ध्यम से रखन च हत हां । O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 21 कुछ प्रश्न ि तथ्य की ज नक री (submitted report के खखल फ) मै 4 cases के रूप में दे रह हां जो की वनम्नवलखखत इस प्रक र से है Case No. 1: Status of Plywood factory and bricks kiln जैस वक pollution Department ने अपनी ररपोटब में कह है वक सब फैखक्टि योां के प स multi cyclone लगे हुए हैं । जबवक Fact यह है वक सभी मे single cyclone ही लग हुआ है एक य दो फैक्टि ी को छोड कर (िो भी Department बत सकत है वक ये multi cyclone वकसे कहते हैं क्ोवक मेरी ज नक री में तो, इन दो फैखक्टि यो मे भी वसफब दो cyclone को एक स थ जोडकर लग य हुआ है । जबवक multi cyclone में क फी छोटे छोटे आक र के cyclone समूह में एक बडे shell में लग ए ज ते है ।) िैसे भी cyclone वसफब 50 micron से ऊपर के particulate matter रोकने में मददग र है िो भी High efficient multi cyclone. तो वफर PM 10 और PM 2.5 को कैसे रोकेगे ये single cyclone.
जैस वक department की last submitted report on 16/01/2023 मे कह गय है वक वजतनी भी फैखक्टि योां क वनररक्षण हुआ है िे सभी complying कर रही है तो मैं कोटब के स मने अभी तक मेरे Phone द्व र ली गई pictures को annexure 1 में रखत हां । और department से पूछन च हत हां वक तो क् हम picture मे वदख रहे क ले िुएां ि र ख के स थ adjust कर ले, क्ोवक आपके अनुस र तो सब ठीक है तो आप सुि र कह से करोगे ।
ब की सच्च ई तो मैने अपनी वपछली Reply मे ही ड ल दी थी। तो क् department कोटब को ही गुमर ह करने में लग हुआ है । इसी report submissions के दौर न ही दो Regional officers department द्व र बदले ज चुके हैं । मैं म ननीय न्य य लय से request करूग वक officers के खखल फ भी क रब ि ई होनी च वहए त वक ये अपनी duty सही से करे ।"
21. The English Translation by the Registry of the response dated 17.02.2023 filed by the applicant reads as under:-
"Subject: Some questions and facts submitted by me (on report submitted to hon'ble court dated 28/09/2022 and 16/01/2023 by HSPCB on O.A 373/2022) X X X X I am Sumit Saini, a permanent resident of village Damla, District Yamunanagar, Haryana. I have filed a petition in case No. 373/2022 in the Hon'ble Court. The next hearing of which is on 21/02/2023. I want to put some new questions and facts before the Hon'ble Court through this letter.
I am giving some questions and factual information (against the submitted report) in the form of 4 cases which are as follows Case No. 1: Status of Plywood factory and bricks kiln As the pollution department has said in its report that all the factories have multi cyclones installed. While the fact is that all of them have only single cyclones installed except one or two factories (the department can explain; what is multi cyclone because as per my knowledge, in these two factories also only two cyclones have been combined together. While in multi cyclone, very small sized cyclones are installed in a big shell.) Cyclones are helpful only in stopping particulate matter above 50 O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 22 microns and that too are highly efficient multi cyclones. How will these single cyclones stop PM 10 and PM 2.5.
As it is said in the last submitted report of the department on 16/01/2023 that all the factories that have been inspected are complying, so I place the pictures taken by my phone till now in Annexure 1 before the court. And I want to ask the department that should we adjust with the black smoke and ash seen in the picture? Where will you make the improvement because according to you everything is fine.
I has submitted the truth in my previous reply. So, is the department trying to mislead the court? During this report submissions, two regional officers have been changed by the department. I will request the honourable court that action should be taken against the officers too so that they perform their duties properly.
Case No. 2: Status of SPS Bio chem pvt. Ltd.
I want to present a fact before the honourable court through annexure 2. According to this, if this plant is being tried to be operated through a scheme (2018) brought by the government named satat.co.in, then under this scheme, permission of the Gram Panchayat is mandatory. Apart from this, details of all the permissions (about setting up and running the plant) are given in annexure 2. Since biogas is explosive, they also need permission from PESO, thus the Gram Panchayat has already refused to set up the plant. I appeal to the honourable court to immediately stay this and give instructions to stop the work.
I am presenting all the pictures of the plant installation along with time and date in front of the honourable court as annexure
3. However, it is clear from one picture that as they had informed the court about lifting the press mud (it was lifted by July month), whereas some press mud was lying there till September month. So, was the compensation saved from the devotees? Why was the power supply not cut even after the closing order? Why did the construction continue?
Case No. 3: Status of Municipal solid waste The Municipal Corporation is still continuously dumping MSW. I am presenting the pictures of the site through Annexure 4 and appeal to the honourable court to put a stay on this. And strict action should be taken against the officers working against the rules.
Case No. 4: Status of ditch drain I want to show the picture of ditch drain through Annexure 5 before the honourable court which is in very bad condition due to industrial effluent and should be inspected by CPCB.
I want to say one more thing before the honourable court that the proposed plant to be built for 66 MLD waste has no deadline. No work is visible there. Anyway, the ditch drain is 40 km long. How industrial effluent found in 30 km will be disposed of; if this plant is installed in the starting 10 km. And if this plant is installed at the end, then whatever waste reaches from the starting point to this plant, will spread dirt and pollution everywhere. So, I appeal O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 23 to the honourable court that all industries should be inspected by CPCB. They should be stopped from throwing waste by making a strict policy.
Whereas the deadline for setting up another plant has been completed, there is a question on their reliability. Whether they run for 24 hours or not. Whether they are being treated properly or not, because it affects the local region as well as the wild animals, then why do we local persons not have the right to know what is being played with our lives. So that it can be stopped in time.
While putting forth my views in this manner, I request the honourable court to take cognizance of the above-mentioned things and facts and please provide us with proper justice. Also, all the cases should be seriously investigated by a big investigation agency and we should also be made a partner in the investigation."
22. This Tribunal considered the above said Joint Committee Report on 21.02.2023 and observed that in annexure R-1, it has been mentioned that out of 28 Plywood manufacturing units, 24 units were compliant and 3 units were lying closed due to reasons mentioned and one unit was lying closed under order of HSPCB. However, there is no mention whether the above said units have obtained licenses from the Competent Authorities.
Individual compliance status of all the units has not been mentioned despite the specific order to this effect passed by this Tribunal. This Tribunal further observed that the plywood manufacturing units are using wood as fuel while the brick kilns are using coal as fuel. In its report the Joint Committee has not mentioned anything about disposal of fly ash generated by above said units. Accordingly, vide order dated 21.02.2023 the Joint Committee was directed to look into the aspects of compliance with the consent conditions and disposal of fly ash by the units individually and submit the report in this regard within two months.
Report of the Joint Committee filed vide email dated 17.05.2023
23. In compliance of order dated 21.02.2023 report of the Joint Committee was filed by Regional Officer, HSPCB vide email dated 17.05.2023. The relevant part of the report is reproduced below:-
O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 24 "REPORT ON BEHALF OF JOINT COMMITTEE IN COMPLIANCE OF ORDERS DATED 21.02.2023 X X X
2. Detailed report of Plywood Units regarding licenses obtained from the Competent Authorities, Compliance of Consent to Operate Conditions and disposal of fly ash:
(i) M/s Wishwanath Plywood Industries, Kishanpura Village & P.O. Damla, Yamuna Nagar:- The unit is engaged in the manufacturing of Plywood. The said unit has obtained Consent to Operate from the Board for the period from 04.01.2022 to 31.03.2026 (Annexure-R/1). The copy of license obtained from Forest Department is attached herewith as Annexure-R/2. The compliance of conditions of Consent to Operate is also attached as Annexure-R/3. The unit is disposing its fly ash in the low lying area of nearby fields through farmers as per their requirements.
No trade effluent is being generated by the unit from manufacturing process and unit has provided septic tank for disposal of domestic effluent. The latest analysis report of air emissions has been submitted before the Hon'ble NGT alongwith report dated 18.02.2023.
ii M/s Jamuna Wood Tech Industries, Village and PO Damla,Dudhla Road, Yamuan Nagar:- The unit is engaged in the manufacturing of Plywood. The said unit has obtained Consent to Operate from the Board for the period from 01.04.2017 to 31.03.2027 (Annexure-R/4). The copy of license obtained from Forest Department is attached herewith as Annexure-R/5. The compliance of conditions of Consent to Operate is also attached as Annexure-R/6. The unit is disposing its fly ash in the low lying area of nearby fields through farmers as per their requirements. No trade effluent is being generated by the unit from manufacturing process and unit has provided septic tank for disposal of domestic effluent. The latest analysis report of air emissions has been submitted before the Hon'ble NGT alongwith report dated 18.02.2023.
iii M/s Heera Products, Village Damla Distt Yamuna Nagar:-The unit is engaged in the manufacturing of Plywood. The said unit has obtained Consent to Operate from the Board for the period from 28.11.2018 to 31.03.2028 Annexure-R/7). The copy of license obtained from Forest Department is attached herewith as Annexure-R/8. The compliance of conditions of Consent to Operate is also attached as Annexure-R/9. The unit is disposing its fly ash in the low lying area of nearby fields through farmers as per their requirements. No trade effluent is being generated by the unit from manufacturing process and unit has provided septic tank for disposal of domestic effluent. The latest analysis report of air emissions has been submitted before the Hon'bie NGT alongwith report dated 18.02.2023.
iv M/s Kunjan Wood Industries, Village & PO Damla, District Yamuna Nagar:- The unit is engaged in the manufacturing of Plywood. The said unit has obtained Consent to Operate from the Board for the period from 01.04.2017 to 31.03.2027 (Annexure- R/10). The copy of license obtained from Forest Department is attached herewith as Annexure-R/11. The compliance of O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 25 conditions of Consent to Operate is also attached as Annexure- R/12. The unit is disposing its fly ash in the low lying area of nearby fields through farmers as per their requirements. No trade effluent is being generated by the unit from manufacturing process and unit has provided septic tank for disposal of domestic effluent. The latest analysis report of air emissions has been submitted before the Hon'ble NGT alongwith report dated 18.02.2023.
v M/s Burma Boards, Village & P.O. Damla, Yamuna Nagar:-
The unit is engaged in the manufacturing of Plywood. The said unit has obtained Consent to Operate from the Board for the period from 01.04.2017 to 31.03.2027 (Annexure-R/13). The copy of license obtained from Forest Department is attached herewith as Annexure-R/14. The compliance of conditions of Consent to Operate is also attached as Annexure-R/15. The unit is disposing its fly ash in the low lying area of nearby fields through farmers as per their requirements. No trade effluent is being generated by the unit from manufacturing process and unit has provided septic tank for disposal of domestic effluent. The latest analysis report of air emissions has been submitted before the Hon'ble NGT alongwith report dated 18.02.2023.
vi M/s Duna Panels Pvt Ltd., V.P.O. Damla, Yamuna Nagar:-The unit is engaged in the manufacturing of Plywood. The said unit has obtained Consent to Operate from the Board for the period from 01.04.2017 to 31.03.2027 (Annexure-R/16). The copy of license obtained from Forest Department is attached herewith as Annexure-R/17. The compliance of conditions of Consent to Operate is also attached as Annexure-R/18. The unit is disposing its fly ash in the low lying area of nearby fields through farmers as per their requirements. No trade effluent is being generated by the unit from manufacturing process and unit has provided septic tank for disposal of domestic effluent. The latest analysis report of air emissions has been submitted before the Hon'ble NGT alongwith report dated 18.02.2023.
vii M/s Pragati Industries, V.P.O. Damla, Yamuna Nagar:- The unit is engaged in the manufacturing of Plywood. The said unit has obtained Consent to Operate from the Board for the period from 01.04.2017 to 31.03.2027 (Anpexure-R/19). The copy of license obtained from Forest Department is attached herewith as Annexure-R/20. The compliance of conditions of Consent to Operate is also attached as Annexure-R/21. The unit is disposing its fly ash in the low lying area of nearby fields through farmers as per their requirements. No trade effluent is being generated by the unit from manufacturing process and unit has provided septic tank for disposal of domestic effluent. The latest analysis report of air emissions has been submitted before the Hon'ble NGT alongwith report dated 18.02.2023.
viii M/s Haploos Plyboards Pvt Ltd, Village and PO Damla, Yamuna Nagar:- The unit is engaged in the manufacturing of Plywood. The said unit has obtained Consent to Operate from the Board for the period from 01.04.2023 to 31.03.2028 (Annexure- R/22). The copy of license obtained from Forest Department is attached herewith as Annexure-R/23. The compliance ofconditions of Consent to Operate is also attached as Annexure- R/24. The unit is disposing its fly ash in the low lying area of O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 26 nearby fields through farmers as per their requirements. No trade effluent is being generated by the unit from manufacturing process and unit has provided septic tank for disposal of domestic effluent. The latest analysis report of air emissions has been submitted before the Hon'ble NGT alongwith report dated 18.02.2023.
ix M/s Haryana Joinery Mills, Village Damla, Yamuna Nagar:-
The unit is engaged in the manufacturing of Plywood. The said unit has obtained Consent to Operate from the Board for the period from 01.04.2017 to 31.03.2027 (Annexure-R/25). The copy of license obtained from Forest Department is attached herewith as Annexure-R/26. The compliance of conditions of Consent to Operate is also attached as Annexure-R/27. The unit is disposing its fly ash in the low lying area of nearby fields through farmers as per their requirements. No trade effluent is being generated by the unit from manufacturing process and unit has provided septic tank for disposal of domestic effluent. The latest analysis report of air emissions has been submitted before the Hon'ble NGT alongwith report dated 18.02.2023.
x M/s Gokul Enterprises, Khurdi Road, Village Damla, Yamuna Nagar:- The unit is engaged In the manufacturing of Plywood. The said unit has obtained Consent to Operate from the Board for the period from 01.04.2022 to 31,03.2027 (Annexure- R/28). The copy of license obtained from Forest Department Is attached herewith as Annexure-R/29. The compliance of conditions of Consent to Operate is also attached as Annexure- R/30. The unit is disposing its fly ash in the low lying area of nearby fields through farmers as per their requirements. No trade effluent is being generated by the unit from manufacturing process and unit has provided septic tank for disposal of domestic effluent. The latest analysis report of air emissions has been submitted before the Hon'ble NGT alongwith report dated 18.02.2023.
xi M/s Nagpal Wood Industries, Village and P.O. Damla, Yamuna Nagar:- The unit is engaged in the manufacturing of Plywood. The said unit has obtained Consent to Operate from the Board for the period from 01.04.2017 to 31.03.2027 (Annexure- R/31). The copy of license obtained from Forest Department is attached herewith as Annexure-R/32. The compliance of conditions of Consent to Operate is also attached as Annexure- R/33. The unit is disposing its fly ash in the low lying area of nearby fields through farmers as per their requirements. No trade effluent is being generated by the unit from manufacturing process and unit has provided septic tank for disposal of domestic effluent. The latest analysis report of air emissions has been submitted before the Hon'ble NGT alongwith report dated 18.02.2023, xii M/s Bhagwati Udyog, Village Damla, Radaur Road, Yamuna Nagar:- The unit is engaged in the manufacturing of Plywood. The said unit has obtained Consent to Operate from the Board for the period from 03.09.2021 to 31.03.2031 (Annexure-R/34). The copy of license obtained from Forest Department is attached herewith. as Annexure-R/35. The compliance of conditions of O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 27 Consent to Operate is also attached as Annexure-R/36. The unit is disposing its fly ash in the low lying area of nearby fields through farmers as per their requirements. No trade effluent is being generated by the unit from manufacturing process and unit has provided septic tank for disposal of domestic effluent. The latest analysis report of air emissions has been submitted before the Hon'ble NGT alongwith report dated 18.02.2023.
xiii M/s Baba Plywood Pvt. Ltd., VPO Damla, Yamuna Nagar:-The unit is engaged in the manufacturing of Plywood. The said unit has obtained Consent to Operate from the Board for the period from 01.04.2017 to 31.03.2027 (Annexure-R/37). The copy of license obtained from Forest Department is attached herewith as Annexure-R/38. The compliance of conditions of Consent to Operate is also attached as Annexure-R/39. The unit is disposing its fly ash in the low lying area of nearby fields through farmers as per their requirements. No trade effluent is being generated by the unit from manufacturing process and unit has provided septic tank for disposal of domestic effluent The latest analysis report of air emissions has been submitted before the lion'ble NGT alongwith report dated 18.02.2023.
xiv M/s A R Wood Crafts Private Limited, Village Damla District Yamuna Nagar:- The unit is engaged in the manufacturing of Plywood. The said unit has obtained Consent to Operate from the Board for the period from 16.09.2020 to 31.03.2025 (Annexure-R/40). The copy of license obtained from Forest Department is attached herewith as Annexure-R/41. The compliance of conditions of Consent to Operate is also attached as Annexure-R/42. The unit is disposing its fly ash in the low lying area of nearby fields through farmers as per their requirements. No trade effluent is being generated by the unit from manufacturing process and unit has provided septic tank for disposal of domestic effluent. The latest analysis report of air emissions has been submitted before the Hon'ble NGT alongwith report dated 18.02.2023.
xv M/s Luxmi Timbers, V.P.O. Damla, Yamuna Nagar:- The unitis engaged In the manufacturing of Plywood. The said unit has obtained Consent to Operate from the Board for the period from 26.08.2022 to 31.03.2027 (Annexure-R/43). The copy of license obtained from Forest Department is attached herewith as Annexure-R/44. The compliance of conditions of Consent to Operate is also attached as Annexure-R/45, The unit is disposing its fly ash in the low lying area of nearby fields through farmers as per their requirements. No trade effluent is being generated by the unit from manufacturing process and unit has provided septic tank for disposal of domestic effluent. The latest analysis report of air emissions has been submitted before the Hon'ble NGT alongwith report dated 18.02.2023.
xvi M/s Classic Plywood Industries, . VPO Damla, Yamuna Nagar:- The unit is engaged in the manufacturing of Plywood. The said unit has obtained Consent to Operate from the Board for the period from 01.04.2017 to 31.03.2027 (Annexure-R/46). The copy of license obtained from Forest Department is attached herewith as Annexure-R/47. The compliance of conditions of Consent to Operate is also attached as Annexure-R/48. The unit is disposing its fly ash in the low lying area of nearby fields O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 28 through farmers as per their requirements. No trade effluent is being generated by the unit from manufacturing process and unit has provided septic tank for disposal of domestic effluent. The latest analysis report of air emissions has been submitted before the Hon'ble NGT alongwith report dated 18.02.2023.
xvii M/s Burma Wood Products, Village & P.O. Damla, Yamuna Nagar:- The unit is engaged in the manufacturing of Plywood. The said unit has obtained Consent to Operate from the Board for the period from 01.04.2017 to 31.03.2027 (Annexure- R/49). The copy of license obtained from Forest Department is attached herewith as Annexure-R/50.. The compliance of conditions of Consent to Operate is also attached as Annexure- R/51. The unit is disposing its fly ash in the low lying area of nearby fields through farmers as per their requirements. No trade effluent is being generated by the unit from manufacturing process and unit has provided septic tank for disposal of domestic effluent. The latest analysis report of air emissions has been submitted before the Hon'ble NGT alongwith report dated 18.02.2023.
xviii M/s Metro Plywood Pvt Ltd., VPO Damla, Yamuna Nagar:-The unit is engaged in the manufacturing of Plywood. The said unit has obtained Consent to Operate from the Board for the period from 01.04.2017 to 31.03.2027 (Annexure-11/52). The copy of license obtained from Forest Department is attached herewith as Annexure-R/53. The compliance of conditions of Consent to Operate is also attached as Annexure-R/54. The unit is disposing its fly ash in the low lying area of nearby fields through farmers as per their requirements. No trade effluent is being generated by the unit from manufacturing process and unit has provided septic tank for disposal of domestic effluent. The latest analysis report of air emissions has been submitted before the Hon'ble NGT alongwith report dated 18.02.2023.
xix M/s Alloy Steel and Castings, Village and PO Damla, Yamuna Nagar:- The unit is engaged in the manufacturing of Plywood. The said unit has obtained Consent to Operate from the Board for the period from 01.04.2023 to 31.03.2028 (Annexure- R/55). The copy of license obtained from Forest Department is attached herewith as Annexure-R/56. The compliance of conditions of Consent to Operate is also attached as Annexure- R/57. The unit is disposing its' fly ash in the low lying area of nearby fields through farmers as per their requirements. No trade effluent is being generated by the unit from manufacturing process and unit has provided septic tank for disposal of domestic effluent. The latest analysis report of air emissions has been submitted before the Hon'ble NGT alongwith report dated 18.02.2023.
xx M/s Vidhata Plywood Industries, VPO Damla (Kamboj Majra), Yamuna Nagar:- The unit is engaged In the manufacturing of Plywood. The said unit has obtained Consent to Operate from the Board for the period from 16,07.2018 to 31.03.2028 (Annexure- R/58). The copy of license obtained from Forest Department Is attached herewith as Annexure-R/59. The compliance of conditions of Consent to Operate is also attached as Annexure- O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 29 R/60. The unit is disposing its fly ash in the low lying area of nearby fields through farmers as per their requirements. No trade effluent is being generated by the unit from manufacturing process and unit has provided septic tank for disposal of domestic effluent. The latest analysis report of air emissions has been submitted before the Hon'ble NGT alongwith report dated 18.02.2023.
xxi M/s Suryodaya Wood Products, Village and Post Office Damla, Yamuna Nagar:- The unit is engaged in the manufacturing of Plywood. The said unit has obtained Consent to Operate from the Board for the period from 01,04.2023 to 31.03.2028 (Annexure- R/61). The copy of license obtained from Forest Department is attached herewith as Annexure-R/62. The compliance of conditions of Consent to Operate is also attached as Annexure- R/63. The unit is disposing its fly ash in the low lying area of nearby fields through farmers as per their requirements. No trade effluent is being generated by the unit from manufacturing process and unit has provided septic tank for disposal of domestic effluent. The latest analysis report of air emissions has been submitted before the Flon'ble NGT alongwith report dated 18.02.2023.
xxii M/s Aggarwal Plywood Industries, Village Kunjal Damla, Yamuna Nagar:- The unit is engaged in the manufacturing of Plywood. The said unit has obtained Consent to Operate from the Board for the period from 03.06.2021 to 31.03.2026 (Annexure- R/64). The copy of license obtained from Forest Department is attached herewith as Annexure-R/65. The compliance of conditions of Consent to Operate is also attached as Annexure- R/66. The unit is disposing its fly ash in the low lying area of nearby fields through farmers as per their requirements. No trade effluent is being generated by the unit from manufacturing process and unit has provided septic tank for disposal of domestic effluent. The latest analysis report of air emissions has been submitted before the Hon'ble NGT alongwith report dated 18.02.2023.
xxiii M/s Jagdamba Dwellings Pvt Ltd., Village Hafizpur, Delhi Road, Damla, Yamuna Nagar:- The unit is engaged in the manufacturing of Plywood. The said unit has obtained Consent to Operate from the Board for the period from 23.10.2020 to 31.03.2025 (Annexure-R/67). The copy of license obtained from Forest Department is attached herewith as Annexure-R/68. The compliance of conditions of Consent to Operate is also attached as Annexure-R/69, The unit is disposing its fly ash In the low lying area of nearby fields through farmers as per their requirements. No trade effluent is being generated by the unit from manufacturing process and unit has provided septic tank for disposal of domestic effluent. The latest analysis report of air emissions has been submitted before the Hon'ble NGT alongwith report dated 18.02.2023.
xxiv M/s Krishna Panels, Village Kunjal Janttan, Tehsil Radaur, Yamuna Nagar:- The unit is engaged in the manufacturing of Plywood. The said unit has obtained Consent to Operate from the Board for the period from 28.10.2020 to O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 30 31.03.2030 (Annexure- R/70). The copy of license obtained from Forest Department is attached herewith as Annexure-R/71. The compliance of conditions of Consent to Operate is also attached as Annexure- R/72. The unit is disposing its fly ash in the low lying area of nearby fields through farmers as per their requirements. No trade effluent is being generated by the unit from manufacturing process and unit has provided septic tank for disposal of domestic effluent. The latest analysis report of air emissions has been submitted before the Hon'ble NGT alongwith report dated 18.02.2023.
xxv M/s Best Panel industries, Village Hafizpur, Tehsil Mustafabad, Yamuna Nagar:- The unit Is engaged in the manufacturing of Plywood. The said unit has obtained Consent to Operate from the Board for the period from 01.04.2023 to 31.03.2028 (Annexure-R/73). The copy of license obtained from Forest Department Is attached herewith as Annexure-R/74. The compliance of conditions of Consent to Operate is also attached as Annexure-R/75. The unit is disposing its fly ash in the low lying area of nearby fields through farmers as per their requirements. No trade effluent is being generated by the unit from manufacturing process and unit has provided septic tank for disposal of domestic effluent.
xxvi M/s Shree Ram Steel Industries, Village & P.O. Damla, District Yamuna Nagar:- The . unit is engaged in the manufacturing of Plywood.. The said unit has obtained Consent to Operate from the Board for the period from 01.04.2017 to 31.03.2027 (Annekure-R/76). The copy of license obtained from Forest Department is attached herewith as Annexure-R/77. The compliance of conditions of Consent to Operate is also attached as Annexure-R/78. The unit is disposing its fly ash in the low lying area of nearby fields through farmers as per their requirements. No trade effluent is being generated by the unit from manufacturing process and unit has provided septic tank for disposal of domestic effluent.
xxvii M/s Global India Wood Industries, S.l< Road, Village Damla, Yamuna Nagar:- The unit is engaged in the manufacturing of Plywood. The said unit has obtained Consent to Operate from the Board for the period from 01.04.2021 to 31.03.2026 (Annexure- R/79). The copy of license obtained from Forest Department is attached herewith as Annexure-R/80. The compliance of conditions of Consent to Operate is also attached as Annexure- R/81. The unit is disposing its fly ash in the low lying area of nearby fields through farmers as per their requirements. No trade effluent is being generated by the unit from manufacturing process and unit has provided septic tank for disposal of domestic effluent.
xxviii M/s Krishna Enterprises, Dudhla Road Village Damla District Yamuna Nagar.:- The said unit was closed by board in compliance of the head office order no. HSPCB- 070001/259/2021-HAZARDOUS WASTE MANAGEMENT CELL- HSPCB I/60059/2021 dt. 19.08.2021. The copy of closure order is attached herewith as Annexure-R/82. The unit is still lying closed.
X X X X"
O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood
O.A. No. 876/2024 Industries & Ors. with connected matters
31
24. In its report dated 17.05.2023 the Joint Committee also submitted its comments on response dated 14.02.2023 filed by the applicant. The relevant part of the report is reproduced below:-
"Comments on the response dated 14.02.2023 filed by Sh. Sumit Saini resident of village Damla, District Yamuna Nagar, Haryana. In this regard, the point wise comments upon the representation on the basis of facts and records are as under.
Case No.1-Status of plywood manufacturing units and brick kiln:-In this connection, it is submitted that compliance status of ply board manufacturing units has already been submitted in report dated 18.02.2023. However, it is submitted that all the units mentioned In the complaint have installed multi cyclone to meet the prescribed standards.
X X X X"
Applicant's Response dated 15.05.2023
25. The applicant submitted response dated 15.05.2023 to the reports of the Joint Committee filed by HSPCB and the relevant part of the response reads as under:-
"सविनय ननिेदन यह है कि मैं सुनमत सैनी गाांि ननिासी दामला, जिला यमुनानगर, हररयाणा िा स्थायी ननिासी हूँ । मेरे द्वारा माननीय न्यायलय में case No. 373/2022 यानििा दायर िी गई है । जिसिो अभी ति परा 1 साल हो िुिा है । इस दौरान ना ही िाांि अनििाररयों द्वारा सही से िाांि िी गई है ना ही हमारी नििायतों िो पणण रूप से सुलझाया गया है । ना ही किसी भी प्रनतिादी द्वारा ननयमों िे अनुसार िाम किया िा रहा है । िायद हो सिता है कि मैं िोर्ण िो पणण रूप से अपने द्वारा बताई गई बाते ि तथ्य सही से समझाने में असमथण रहा हां , क्योकि मैं पेिे से ना ही ििील हूँ । ना ही िोई ििील मुझे कदया गया है हालाांकि खुद माननीय िोर्ण मेरे द्वारा बताई गई बातों ि कदए गए सबत, फोर्ो ि video िे माध्यम से स्ियां िायणिाही िरने में सक्षम है । िो मैं पहले ही माननीय न्यायलय NGT िे समक्ष रख िुिा ह। मैं एि बार पुनः माननीय न्यायलय िे सामने विस्तृत तिण ि तथ्य इस Letter िे माध्यम से रख रहा हां । ताकि सही ि िल्दी से ननयमों िा उलांघन िरने िालो पर िायणिाही िुरू हो सिे।
िेस िी अगली सुनिाई माननीय न्यायलय द्वारा 18 May 2023 िो ननिाणररत िी गई है ।
मैं माननीय िोर्ण िो बताना िाहता हां कि सांवििान िा अनुच्छे द 21 मुझे और आमिन िो िीिन िीने िा अनििार एिां व्यविगत स्ितांत्रता िे साथ ही सम्मान सकहत स्िस्थ िातािरण में िीिन िीने िा अनििार दे ता है । जिसिा पणण रूप से प्रनतिाकदयो द्वारा O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 32 उलांघन किया िा रहा है और इसमे सम्बजन्ित विभाग, िासन ि प्रिासन खुद भी इसिा उलांघन िर रहे हैं ि इसिो लाग िराने में असमथण हैं ।
इन सब मामलों में Haryana state pollution control board, Haryana government िे साथ साथ सभी प्रनतिादी (Respondent) भी सम्मान रूप से जिम्मेदार है ।
Case No. 1: Status of Plywood factory हमारे नसफण एि गाूँि में 24 plyboard फैजक्ियाां िल रही है और जिले में 700+ है । जिनमे हिारो र्न लिडी boiler में िलाई िा रही है । जिससे परा ईलािा विषैली गैसो, िाले िुएां ि राख से ग्रनसत रहता है जिससे गांभीर वबमाररया भी होती है । और बडे पैमाने पर िनिीिन प्रभावित होता है । इतनी बडी स्तर िी environment िी अिहे लना तो परे दे ि में िही और नहीां होगी और HSPCB िी submitted report िे अनुसार सब सही है । िो िाांि department ने िी थी और िोर्ण में िमा िरिाई थी िह िही से भी complete ि सही नहीां लगती है मैं िोर्ण से अपील िरता हां कि िाांि centre pollution control board दद्वारा िराई िाए। और साथ ही इसमे यानििािताण िो भी सहभागी बनाया िाए। जिसमे CPCB िी र्ीम िे साथ यानििािताण भी sample ले सिे और खुद अलग से िाांि िरा सिे। अगर िोई online analysis site पर ही होना है तो यानििािताण उसिी पुष्टी िे नलए site पर ही मौिद रहे । ताकि पणण रूप से सही मायनो में ि सांदेह रकहत िाांि हो सिे।
मैंने पहले भी इससे Related picture ि video िोर्ण िे सामने पेि किए हैं । अगर िोर्ण िाहे तो मैं और भी video कदखा सिता हां । ियोकि video िा size बडा होने िी ििह से मैं इसे इस letter िे साथ attached नहीां िर सिता। इसिे अलािा मैं िुछ ननम्ननलजखत बाते बता रहा हां । ताकि माननीय न्यायलय सांज्ञान लेते हुए उनित िायणिाही िे ननदे ि दे पाए। ि हमे उनित न्याय नमल पाए।
1. िैसा कि pollution Department ने अपनी ररपोर्ण में िहा है कि सभी िम्पननया तय मानिो िे अनुरुप िल रही है और सभी ननयमो िा compliance िरती है । िबकि इनिे तय मानि change ही नहीां किए गए िो कि िम्पननयों िी बढती सांख्या ि समय िे अनुसार बदलने िाकहए थे। िो कि अनुछेद 48a िा उलघन है । िो कि पयाणिरण िी सुरक्षा और उसमें सुिार िरने िा ननदे ि दे ता है ।
2. सभी िम्पननयाां glue बनाने िे नलए chemicals ि urea िा उपयोग िरती है जिसमें waste water generate होता है और इसिो सही िरने िे नलए treatment plant अननिायण है िबकि pollution department ने अपनी ररपोर्ण में नलखा है कि इनिे पास िोई treatment plant नही है । तब ये waste water िही तो डालते होगें जिससे water pollution होता है तो water pollution act 1974 िे अनुसार इन पर िायणिाही क्यो नही हुई है साथ ही मेरा मानना है कि िारा 277, 278, 426, 430, 431 और 432 ि सीआरपीसी िी िारा 133 ि फैक्िी एक्र् िी िारा 41ए िे अनुसार िायणिाही होनी िाकहए ।
3. इसिे अलािा सभी िम्पननया chemical (गुल्ल, यररया, formaldehyde) युि बिी हुई लिडी िो िलाते है तो विषैला िाला िुआां उत्पन होता है । यह formaldehyde chemical आांखो ि skin िो नुिसान पहुूँिाने िे अलािा िैसर िारि भी है तब इन पर िायु (प्रदषण िी रोिथाम और ननयांत्रण) अनिननयम, 1981 िे अनुसार िायणिाही क्यो नही िी गई। इसमें भी सम्बजन्ित िाराओ िे अनुरूप मामला दिण होना िाकहए । O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 33
4. सभी िम्पननयाां गाांिों िे Residential area मे िल रही है िबिी ये ननयमो िे जखलाफ है िबकि माननीय न्यायलय high court ि supreme court िे judgment िे बाद हररयाणा सरिार द्वारा 2016 मे एि Relocation Policy for shifting of Industrial Units operating from residential areas (cwP no. 11226 of 2013 (O&M) titled as progress Industries Vs State of Haryana and others. लाई गई थी। इसिी एि प्रनत मैं साथ में attached annexure-1 िर रहा हां । तब इनिो गाांि िे ररहायिी इलािे से ियो नहीां हर्ाया गया है । इसिे नलए orange category industry िो 2 साल िा समय भी नमला था (Page no. 14, Point no. 8.5)। यह िोर्ण िे आदे ि िी अिमानना है ।।"
26. The English Translation by the Registry of the above said response dated 15.05.2023 filed by the applicant reads as under:-
"I humbly request that I am Sumit Saini, a permanent resident of village Damla, District Yamunanagar, Haryana. I have filed a petition in case No. 373/2022 in the Hon'ble Court. It has been a full year so far. During this time, neither the investigation has been done properly by the investigating officers nor our complaints have been completely resolved. Neither any respondent is working according to the rules. Perhaps it may be possible that I have been unable to fully explain the things and facts to the court, because I am not a lawyer by profession. Nor has any lawyer been given to me, although the Hon'ble Court itself is capable of taking action on the basis of the things told by me and also by the given evidence, photos and videos. Which I have already placed before the Hon'ble Court NGT. I am once again placing detailed arguments and facts before the Hon'ble Court through this letter. So that action can be taken against those who violate the rules quickly.
The next hearing of the case has been scheduled by the Hon'ble Court on 18 May 2023.
I want to tell the honourable court that Article 21 of the Constitution gives me and the general public the right to life and personal liberty as well as the right to live in a healthy environment with respect. This is being completely violated by the respondents and the concerned departments, government and administration are themselves violating this and are unable to implement it.
In all these cases, Haryana State Pollution Control Board, Haryana Government as well as all the respondents are respectfully responsible.
Case No. 1: Status of Plywood factory There are 24 plywood factories running in just one village and 700+ in the district. In which thousands of tons of wood is being burnt in boilers. Due to which the entire area is affected by toxic O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 34 gases, black smoke and ash, which also causes serious diseases. And life is affected on a large scale. Such a large scale disregard of the environment will not happen anywhere else in the country and according to the submitted report of HSPCB, everything is correct. The investigation done by the department and submitted to the court does not seem complete and correct from anywhere. I appeal to the court that the investigation should be done by the Center Pollution Control Board. And at the same time, the petitioner should also be made a participant in this. In which the petitioner can also take samples along with the CPCB team and get himself tested separately. If any online analysis is to be done on the site itself, then the petitioner should be present on the site itself for its confirmation. So that the investigation can be done in the true sense and without any doubt.
I have already presented pictures and videos related to this before the court. If the court wants, I can show more videos. Because the size of the video is large, I cannot attach it with this letter. Apart from this, I am telling the following things. So that the honourable court can take cognizance and give instructions for proper action. And we can get proper justice.
1. As the pollution department has said in its report that all the companies are operating as per the set standards and comply with all the rules. However, their set standards were not changed which should have been changed as per the increasing number of companies and time. Which is a violation of Article 48A. Which instructs to protect and improve the environment.
2. All the companies use chemicals and urea for making glue in which waste water is generated and a treatment plant is necessary to treat it while the pollution department has written in its report that they do not have any treatment plant. Then they must be dumping this waste water somewhere which causes water pollution, then why action has not been taken against them as per Water Pollution Act 1974, also I believe that action should be taken as per sections 277, 278, 426, 430, 431 and 432 and section 133 of CrPC and section 41A of the Factory Act.
3. Apart from this, all the companies burn the leftover wood containing chemicals (Glue, Urea, Formaldehyde) which generates toxic black smoke. This formaldehyde chemical is cancer causing apart from damaging the eyes and skin, then why action was not taken against them as per the Air (Prevention and Control of Pollution) Act, 1981. In this also, a case should be registered as per the relevant sections.
4. All the companies are operating in the residential areas of the villages while this is against the rules. Whereas, after the judgment of the honourable High Court and Supreme Court, a Relocation Policy for shifting of Industrial Units operating from residential areas (cwp no. 11226 of 2013 (O&M) titled as Progress Industries Vs State of Haryana and others. was brought by the O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 35 Haryana Government in 2016. I am attaching a copy of it with annexure-1. Then why have they not been removed from the residential areas of the villages? For this, the orange category industry was also given 2 years time (Page no. 14, Point no. 8.5). This is contempt of court order."
Interim Directions by the Tribunal
27. Vide order dated 18.04.2024 following interim directions were issued in respect of the ply wood industries:-
"Further interim directions Re: Plywood Industries
(iv) We have gone through report dated 17.05.2023 in respect of all the 28 ply wood industries and we find that the approach adopted by HSPCB for verification of factual position in respect thereof to be complacent and materially deficient. While granting consent to operate to the project proponents no specific conditions were imposed by UPPCB on the project proponents regarding plantation in the premises/on the periphery/boundaries and devices for control of air and water pollution were not specified.
At the time of inspection factual position regarding such plantation if any carried out and installation of devices for prevention of air and water pollution was not verified. The report has been prepared on the basis of collection of documents. No photographs of the concerned units have been attached with the report. The aspects as to nature and quantity of fuel used, quantum of fly ash generated and management and disposal of fly ash have not been looked into for verification of factual position regarding the same.
(v) HSPCB is directed to inspect all the 28 Plywood industries and to verify factual position regarding their compliance status qua all relevant aspects including the following:-
i) sources from which the raw material is procured by each of the plywood industries;
ii) nature and quantity of fuel used, quantum of fly ash generated and management and disposal of fly ash generated by each of the plywood industries;
iii) nature and adequacy of plantation carried out/required to be carried out in the premises/on the periphery/boundaries of each of the plywood industrial;
iv) nature, number and adequacy of devices for prevention and control of water and air pollution installed/required to be installed by each of the plywood industries;
v) whether there is any bore well and ground water is being extracted;
O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 36
vi) whether permission for the same has been obtained from State Ground Water Authority by each of the plywood industries;
vii) whether there is any provision for rain water harvesting in any of the plywood industries;
viii) whether there is discharge of any effluent from any of the plywood industries; and
ix) whether any of the plywood industries is connected to any drain.
28. This Tribunal noticed that as per report the plywood industries are disposing of the fly ash generated by them in low lying areas and observed that this Tribunal has in number of cases considered disposal of fly ash in low lying areas to be improper. Reference in this regard was made to order dated 22.03.2023 passed by this Tribunal in O.A No. 744/2022 with O.A No. 277/2021 titled as Moharram Ali Vs. State of U.P. and Liyakat Ali Vs. State of U.P. This Tribunal also referred to order dated 06.10.2023 passed in OA no, 369/2022 titled as Sachin Tomar vs, State of Haryana and others whereby the Member Secretary, UPPCB was directed to file an affidavit mentioning the mechanism evolved for verifying disposal of fly-
ash by the project proponents in accordance with the EC/consent conditions. In compliance thereof Affidavit dated 15.01.2024 of Mr. Sanjeev Kumar Singh, Member Secretary UPPCB was filed by Chief Environmental Officer, Circle-3, UPPCB vide email dated 16.01.2024 on which UPPCB was directed to finalize the mechanism for proper disposal of Fly ash by all air polluting industries within six months and thereafter ensure compliance by the industries with the same. This Tribunal observed that these aspects have to be looked into and the monitoring mechanism needs to be evolved to ensure proper disposal of fly-ash by HSPCB also. Accordingly, HSPCB was directed to (i) prepare and implement SOP and evolve mechanism for verifying proper disposal of fly-
ash by the project proponents in accordance with environmental norms/directions by Hon'ble Supreme Court and this Tribunal and the EC/consent conditions and (ii) to verify the facts regarding disposal of fly O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 37 ash by the plywood industries in low lying areas and compliance of the conditions regarding storage and transportation of fly ash in accordance with environmental norms/directions by Hon'ble Supreme Court and this Tribunal. Separate Action Taken Reports were ordered to be filed by HSPCB in all the 28 cases. Notices were also ordered to be served on all the 28 plywood industries impleaded as respondents no. 12 to 39.
Applicant's response dated 16.08.2024
29. The applicant filed response dated 16.08.2024 in the context of order dated 18.04.2024 passed by this Tribunal. The relevant part of the response reads as under:-
"सविनय ननिेदन यह है कि मैं सुनमत सैनी गाांि ननिासी दामला, जिला यमुनानगर, हररयाणा िा स्थायी ननिासी हूँ । मेरे द्वारा माननीय न्यायलय में case No. 373/2022 यानििा दायर िी गई है । िेस िी अगली सुनिाई माननीय न्यायलय द्वारा 21 August 2024 िो ननिाणररत िी गई है ।
मैं माननीय िोर्ण िो बताना िाहता हां कि सांवििान िा अनुच्छे द 21 मुझे और आमिन िो िीिन िीने िा अनििार एिां व्यविगत स्ितांत्रता िे साथ ही सम्मान सकहत स्िस्थ िातािरण में िीिन िीने िा अनििार दे ता है । जिसिा पणण रूप से प्रनतिाकदयो द्वारा उलांघन किया िा रहा है और इसमे सम्बजन्ित विभाग, िासन ि प्रिासन खुद भी इसिा उलांघन िर रहे हैं ि इसे लाग िराने में असमथण हैं ।
इन सब मामलों में Haryana state pollution control board, Haryana government िे साथ साथ सभी प्रनतिादी (Respondent) भी सम्मान रूप से जिम्मेदार है । और आरोवपत पक्ष स्ियां मामले िी िाूँि िर रहा है । और हमे िही भी हो िुिी िाूँि िा सम्मान रूप से भागीदार नहीां बनाया गया है तो न्याय िी अपेक्षा िैसे िी िा सिती है ।
मैं पुन: िोर्ण िे समक्ष Plyboard Industries matter, जिसिी अगली सुनिाई 21-08- 2024 िो है ।. इस विषय िे सन्दभण में अपनी ननम्न नलजखत दलीले, तथ्य ि सुबत पेि िर रहा हां । और आिा िरता हां । कि इनिा सांज्ञान लेते हुए हमे माननीय न्यालयल द्वारा पणण न्याय कदया िाए।
Case No. Plyboard Industries
1. िैसे कि मैं पहले भी िोर्ण िो सनित िर िुिा हां कि यह सब फैजक्ियाां गाांि िे residential area में िैसे िल रही है । िबकि ऐसा नहीां हो सिता। इनिो हर्ाने िे नलए policy भी लाई गई थी परन्तु प्रिासन ने िुछ नहीां किया। मैं इस document िा पेि yellow mark annexure-1 िरिे attached िर रहा हां ।
2. अभी ति किसी भी पार्ी िो नोकर्स ि आरोवपत पक्ष नहीां बनाया गया । O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 38
3. इसिे साथ ही HSPCB Report में कदखाया गया है कि सभी pollution control equipment installed हैं । िबकि िही ननयमो िा पालन नहीां हो रहा है । िबकि Department ने अपनी ररपोर्ों में economiser/air preheater िो भी pollution control equipment में कदखाया है । िो इस categories में आता ही नहीां है ।
4. अभी नए Rules में िई तरह िी िम्पननयो िो लगने िे नलए pm level 25 mg/nm3 ति recommend किया गया है परन्तु plyboard industry िे नलए अभी ति 1200 mg/nm3 से उपर है । िो कि समय िे साथ िम होना िाकहए था। क्योकि 15-20 साल पहले नगनी िुनी फैक्र्ररया होती थी परन्तु अब इनिी सांख्या बहुत ज्यादा है । इस प्रिार emissions भी ज्यादा होगा। जिसिे नलए मानिो में सुिार होना िाकहए था। अब तो technology भी उपलब्ि है परन्तु सुिार िी िोई भी recommendation board द्वारा नहीां िी गई है । Cyclone नसफण Particulate matter िो रोि सिता है िो भी अगर new technology से high efficient design हो। िबकि हमारे गाूँि िी तो पर िाली राख, ि िुओां बना रहता है । इतनी सख्या में फैजक्ियों से sulphur dioxide and nitrogen dioxide िो control िरने िे नलए िुछ भी प्रिािान नही है । जिसिो साफ िरने िे नलए scrubber होना िाकहए। कफर इस recirculate पानी िो भी साफ िरने िे नलए ETP plant होना िाकहए ।
5. HSPCB िी report में नलखा है कि इन फैजक्ियों में domestic effluent िे अलािा िुछ भी पानी waste नहीां है । जिसिे नलए septic tank है । िबकि सभी फैजक्ियाां ply िो निपिाने िे नलए glue तैयार िरती है जिसमें urea और formaldehyde chemical िा इस्तेमाल होता है तो मैं पछना िाहता ह ये सब िहा िाता है । और इससे हिा और पानी दोनो विषैले हो रहे है ये आूँखो ि skin िी बीमाररयाूँ फैलाता है ।
6. हमारे नसफण एि गाूँि में 24 plyboard फैजक्ियाां िल रही है और जिले में 700+ है । जिनमे हिारो र्न लिडी boiler में िलाई िा रही है । जिससे परा ईलािा विषैली गैसो, िाले िुएां ि राख से ग्रनसत रहता है जिससे गांभीर वबमाररया भी होती है । और बडे पैमाने पर िनिीिन प्रभावित होता है । इतनी बडी स्तर िी environment िी अिहे लना तो परे दे ि में िही और नहीां होगी और HSPCB िी submitted report िे अनुसार सब सही है । िो िाांि department ने िी थी और िोर्ण में िमा िरिाई थी िह िही से भी complete ि सही नहीां लगती है मैं िोर्ण से अपील िरता हां कि िाांि centre pollution control board द्वारा िराई िाए। और साथ ही इसमे यानििािताण िो भी सहभागी बनाया िाए। जिसमे CPCB िी र्ीम िे साथ यानििािताण भी sample ले सिे और खुद अलग से िाांि िरा सिे। अगर िोई online analysis site पर ही होना है तो यानििािताण उसिी पुष्टी िे नलए site पर ही मौिद रहे । ताकि पणण रूप से सही मायनो में ि सांदेह रकहत िाांि हो सिे।
7. इसिे अलािा सभी िम्पननया chemical (गुल्ल, यररया, formaldehyde) युि बिी हुई लिडी िो िलाते है तो विषैला िाला िुआां उत्पन होता है । यह formaldehyde chemical आांखो ि skin िो नुिसान पहुूँिाने िे अलािा िैसर िारि भी है साथ ही wood waste भी िलाते है िबकि Delhi ि NCR में ऐसा िरना बैन है । कफर हम क्या उन लोगो से नभन्न है । Supreme court ने भी अपने एि order, Jan 2024 मे माना था कि िो treat Delhi NCR िे लोगों िे नलए होगा िही बािी दे ि िे नलए भी होगा। इस order िा news वििरण में ननिे दे रहा हां ।
O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 39 इसनलए मैं माननीय न्यायलय NGT से अपील िरता हां कि उपरोि बातों ि तथ्यों िा सांज्ञान लेते हुए ि इतने िनमानस िे स्िास्थय ि बच्िों िे भविष्य िो दे खते हुए इनिे जखलाफ तुरांत प्रभाि से िायणिाही िी िाए। ताकि हम गाांि िालो िा िान माल िा नुिसान रुि सिे।
X X X X"
30. The English Translation by the Registry of the above said response dated 16.08.2024 filed by the applicant reads as under:-
"It is humbly submitted that I am Sumit Saine permanent resident of village Damla, district Yamunanagar, Haryana. I have filed a petition in case No. 373/2022 in the Hon'ble Court. The next date of hearing of the case has been scheduled by the Hon'ble Court on 21 August 2024.
I want to aprise the honourable court that Article 21 of the Constitution gives me and the general public the right to life and personal liberty as well as the right to live in a healthy environment with respect. This is being completely violated by the respondents and the concerned departments, government and administration are themselves violating this and are unable to enforce it.
In all these cases, along with Haryana State Pollution Control Board, Haryana Government, all the respondents are also equally responsible, and the accused party is investigating the matter itself, and we have not been made respectfully a partner in any investigation that has been done, then how can we expect justice.
I am again presenting my following arguments, facts and evidence in relation to the Plyboard Industries matter before the court, the next hearing of which is on 21-08-2024. And I hope that taking cognizance of these, we should be given complete justice by the Hon'ble Court.
Case No. Plyboard Industries
1. As I have already informed the court that how come all these factories are running in the residential area of the village. Whereas this cannot happen. A policy was also brought to remove them but the administration did nothing. I am attaching the page of this document by marking it annexure-1 in yellow.
2. Till now no party has been served notice or made an accused party.
3. Along with this, it has been shown in the HSPCB Report that all pollution control equipment is installed. Whereas the rules are not being followed. Whereas in its report, the Department has also shown economiser/air preheater in pollution control equipment. Which does not come in this category.
4. Now in the new rules, PM level up to 25 mg/nm3 has been recommended for many types of companies but for the plywood O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 40 industry it is still above 1200 mg/nm3. Which should have decreased with time. It is so because 15-20 years ago there were only a few factories but now their number is very high. Thus emissions will also be more. For which standards have to be improved.Now the technology is also available but no recommendation for improvement has been made by the board. Cyclone can only stop particulate matter and that too if it is designed with high efficiency using new technology. Whereas in our village, black ash and smoke remains. There is no provision to control sulphur dioxide and nitrogen dioxide from so many factories. There should be a scrubber to clean it. Then there should be an ETP plant to clean this recirculated water as well.
5. It is written in the HSPCB report that apart from domestic effluent, no water is wasted in these factories. For which there is a septic tank. Whereas all the factories prepare glue for sticking ply in which urea and formaldehyde chemicals are used, so I want to ask where all this is done. And due to this both air and water are becoming poisonous. It spreads eye and skin diseases.
6. There are 24 plywood factories running in just one village and 700+ in the district. In which thousands of tons of wood is being burnt in boilers. Due to which the entire area is affected by toxic gases, black smoke and ash, which also causes serious diseases. And life is affected on a large scale. Such a large scale disregard of the environment will not happen anywhere else in the country and according to the submitted report of HSPCB, everything is correct. The investigation done by the department and submitted to the court does not seem complete and correct from anywhere. I appeal to the court that the investigation should be done by the Center Pollution Control Board. And at the same time, the petitioner should also be made a participant in this. In which the petitioner can also take samples along with the CPCB team and get himself tested separately. If any online analysis is to be done on the site itself, then the petitioner should be present on the site itself for its confirmation. So that the investigation can be done in the true sense and without any doubt.
7. Apart from this, all the companies burn the leftover wood containing chemicals (Gullu, Urea, Formaldehyde) which produces toxic black smoke. This formaldehyde chemical apart from damaging the eyes and skin is causing cancer also. They also burn wood waste however it is banned in Delhi and NCR. Then are we different from them? The Supreme Court also accepted in one of its orders, Jan 2024, that the treatment which will be for the people of Delhi ,NCR will be the same for the rest of the country as well. I am submitting the news of this order below in details.
Therefore, I appeal to the honourable court of NGT to take cognizance of the above mentioned things and facts and considering the health of so many people and the future of children, immediate action should be taken against them so that the loss of life and property of us villagers can be stopped.
X X X X"
Action Taken Reports filed by the HSPCB and the responses filed by the concerned Project Proponents.
31. Pursuant to order dated 18.04.2024 cases against the 28 plywood O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 41 industries have been separated and separately registered as O.As. No. 849/2024 to 876/2024 and Action Taken Reports have been filed by HSPCB in all the above mentioned O.As. vide email dated 20.08.2024 and responses to the Action Taken Reports have been filed by the Project Proponents in all the above mentioned O.As. except O.A. No. 857/2024 and O.A. No. 861/2024 vide emails dated 22.10.2024. The relevant parts of the Action Taken Reports filed by the HSPCB and responses filed by the concerned Project Proponents are reproduced as under:-
(i) O.A. No. 849/2024:- Sumit Sani Vs. M/s. Wishwanath Plywood Industries & Ors.
(a) Action taken report filed by HSPCB "Action taken report on behalf of Regional Officer, Haryana State Pollution Control Board, Yamuna Nagar, in compliance of order dated 18.04.2024.
X X X X • Detailed report of Plywood Industry:-
M/s Wishwanath Plywood Industries, Kishanpura Village & P.O. Damla Yamuna Nagar:- The said unit is engaged in the manufacturing of ply boards. The unit has inspected by Sh.
Shailender Arora, Regional Officer Karnal on 25.07.2024.
Sr. General Information of plywood's Remarks No.
1. Sources from which the raw material is procured Timber / Face Veneer (Popular/Eucalyptus):- Timber logs are being procured from Yamunanagar and Uttar Pradesh through local timber market.
Formaldehyde:- Being procured from local market.
2. Nature and quantity of fuel used Wood Waste is being used 10 tons/day.
3. Quantum of fly ash generated and Average 20Kg/Day approx of fly ash is management being generated.
O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 42
4. Management and disposal of fly ash Fly ash is being collected in bags but no generated record of ash generation and disposal is provided by the unit. Further, the representative of the unit has submitted that the fly ash is being used by locals and farmers for filling and leveling purposes.
5. Nature and adequacy of The plantation being done along plantation carried out / required to be periphery / boundary. Sapling being carried out in the premises / on the done in pots. periphery / boundaries Approx-540 plants/trees planted.
6. Nature, number and adequacy of Unit has provided adequate Multi -
devices for prevention and cyclone collector as APCM. The said unit control of water and air does not generate any trade effluent. pollution installed /required Unit generates domestic effluent which is less than 10 KLD and which is being managed / disposed off through Septic Tank with Soak Pit within the premises.
7. Whether there is any borewell and 02 no Borewell installed.
ground water is being extracted
8. Whether permission for the same has NOC was valid up to 30.08.2023. Now, been obtained from State Ground unit applied for renewal. Water Authority
9. Whether there is any provision for 01 no rain water harvesting system rain water harvesting. provided by the unit.
10. Whether there is discharge of any There is Nill discharge of any effluent effluent from industry. from the unit.
11. Whether unit is connected to any Not connected with any drain.
drain.
"
(b) Reply by the Project Proponent "REPLY/OBJECTION BY RESPONDENT AGAINST THE DETAILED REPORT FILED BY THE HARYANA STATE POLLUTION CONTROL BOARD X X X X
2. That the Respondent is a Partnership Firm established in 2002 and has been engaged in the plywood industry and is amongst those 28 industries which were named in the order.
3. That in the report, it is stated by HSPCB that Timber/Face Veneer (Popular/ Eucalyptus) are being procured from O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 43 Yamunanagar and Uttar Pradesh though local markets and Formaldehyde is being procured from local markets. It is submitted that Imported Pine Wood is purchased from a different importer while Face Veneer is imported from a different importer/Arunachal/Assam. Safeda Core is sourced from Peelings of Yamunanagar and Uttar Pradesh while Timber is procured from local Yamunanagar Mandi. Imported Phenoyl is purchased from different importer while Formaline is procured from Local Yamunagar.
4. That regarding the plantation by the Respondent it is submitted that it is being done along periphery/boundary and saplings are planted in pots and about 540 plants/trees are planted. Respondents have planted trees/plants in abundance throughout the premises. A copy of photograph with respect to the plantation in the premises dated NIL is ANNEXURE R-1.
5. That with respect to the nature and quantity of fuel used it is stated that that around 5 tons of wood waste is being used per day. The report of the HSPCB has incorrectly stated that around 10 tons of wood waste is used in fuel.
6. That it is incorrectly stated in the report of HSPCB that Respondent is generating fly ash. As the fuel used is wood waste hence it generates only wood ash which is approx. 20-45 kg depending upon the type of wood waste. The wood ash generated in the process is taken away by the local and farmers for filling and levelling purpose. Hence, the wood ash is disposed accordingly.
7. That the wood ash generated is not used by the Respondent, hence the same is stored in gunning bags. The said bags are thereafter, taken away by locals and farmers after due verification by the Respondents. However, as the same is not a saleable product, separate/individual record is not kept of it's disposal to the locals.
8. That so far as the NOC from the State Ground Water Authority is concerned, the Respondents have obtained NOC for underground water valid up to 30.08.2023. The Respondent has applied for it's renewal on 26.08.2023, however, the same is pending disposal and there is no objection/defect notified in the said application.
9. That it is further submitted that there is rain water harvesting systems installed in the said unit and are in regular use during rain. The report of the HSPCB has incorrectly stated that there is only 1 rain water harvesting system. A true copy of photographs of Rain water harvesting systems in the unit dated NIL is ANNEXURE R-2.
10. That the Respondent is a manufacturing unit engaged in the present industry since past more than 22 years. The Respondent has always complied and followed each and every rule and law scrupulously. However, the Respondents states that in the event any further direction, if any is passed by this Tribunal, Respondent shall be obliged to follow the same as well. It is lastly submitted that considering the fact of compliance by the Respondent and the fact that Respondent is a source of livelihood to huge section of society who are directly and indirectly engaged with the Respondent, this Tribunal may be pleased to dismiss the O.A with heavy cost to the Applicant."
(ii) O.A. No. 850/2024: :- Sumit Sani Vs. M/s. Jamuna Wood Tech Industries & Ors.
O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 44
(a) Action taken report filed by HSPCB "Action taken report on behalf of Regional Officer, Haryana State Pollution Control Board, Yamuna Nagar, in compliance of order dated 18.04.2024.
X X X X • Detailed report of Plywood Industry:-
M/s Jamuna Wood Tech Industries, Village and PO Damla, Dudhla Road, Yamuan Nagar:- The said unit is a plywood industry and engaged in the manufacturing of ply boards. The said unit was inspected by Sh V.S. Punia, Regional Officer, Yamunanagar Region on 16.08.2024 Sr. General Information of plywood's Remarks No.
1. Sources from which the raw material is procured Timber / Face Veneer (Popular/Eucalyptus):- Timber logs are being procured from Yamunanagar through local timber market.
Formaldehyde:- Being procured from local market.
2. Nature and quantity of fuel used Wood Waste is being used 10 tons/day.
3. Quantum of fly ash generated and Average 15Kg/Day approx of fly ash is management being generated.
4. Management and disposal of fly ash Fly ash is being collected in bags but no generated record of ash generation and disposal is provided by the unit. Further, the representative of the unit has submitted that the fly ash is being used by locals and farmers for filling and leveling purposes.
5. Nature and adequacy of The plantation being done along plantation carried out / required to be periphery / boundary. Sapling being carried out in the premises / on the done in pots. periphery / boundaries O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 45
6. Nature, number and adequacy of Unit has provided adequate Multi -
devices for prevention and cyclone collector as APCM. The said unit control of water and air does not generate any trade effluent. pollution installed /required Unit generates domestic effluent which is less than 10 KLD and which is being managed / disposed off through Septic Tank with Soak Pit within the premises.
7. Whether there is any borewell and 01 no Borewell installed.
ground water is being extracted
8. Whether permission for the same has NOC was valid up to 30.08.2025.
been obtained from State Ground Water Authority
9. Whether there is any provision for no rain water harvesting system rain water harvesting. provided by the unit.
10. Whether there is discharge of any There is Nill discharge of any effluent effluent from industry. from the unit.
11. Whether unit is connected to any Not connected with any drain.
drain.
"
(b) Reply filed by Project Proponent " REPLY/OBJECTION BY RESPONDENT AGAINST THE DETAILED REPORT FILED BY THE HARYANA STATE POLLUTION CONTROL BOARD X X X X
2. That the Respondent is a Partnership Firm established in 2003 and has been engaged in the plywood industry and is amongst those 28 industries which were named in the order.
3. That it is submitted that the Respondent uses wood waste as its fuel and not coal or any other substance. The quantity of the wood waste used daily is around 4.5 tons or 4500 kgs. However, the report of the HSPCB incorrectly states that the Respondent is utilizing 10 tons or 10000 kgs of wood waste which is incorrect and false.
4. That it is incorrectly stated in the report of HSPCB that Respondent is generating fly ash. As the fuel used is wood waste hence it generates only wood ash which is approx. 15 Kg depending upon the type of wood waste. The wood ash generated in the process is taken away by the local and farmers for filling and levelling purpose. Hence, the wood ash is disposed accordingly.
5. That the wood ash generated is not used by the Respondent, hence the same is stored in gunning bags. The said bags are thereafter, taken away by locals and farmers after due verification by the Respondents. However, as the same is not a saleable product, O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 46 separate/individual record is not kept of it's disposal to the locals.
6. That it is further submitted that there is proper rain water harvesting system installed in the said unit and are in regular use during rain. The report of the HSPCB has incorrectly stated that there no rain water harvesting system.
7. That it may be pertinent to mention that the Respondent is a manufacturing unit engaged in the present industry since past more than 21 years. The Respondent has always complied and followed each and every rule and law scrupulously. However, the Respondents states that in the event any further direction, if any is passed by this Tribunal, Respondent shall be obliged to follow the same as well. It is lastly submitted that considering the fact of compliance by the Respondent and the fact that Respondent is a source of livelihood to huge section of society who are directly and indirectly engaged with the Respondent, this Tribunal may be pleased to dismiss the O.A with heavy cost to the Applicant."
(iii) O.A. No. 851/2024: :- Sumit Sani Vs. M/s. Heera Products
(a) Action taken report filed by HSPCB "Action taken report on behalf of Regional Officer, Haryana State Pollution Control Board, Yamuna Nagar, in compliance of order dated 18.04.2024.
X X X X X • Detailed report of Plywood Industry:-
M/s Heera Products, Village Damla, Distt Yamuna Nagar:- The said unit is a plywood industry and engaged in the manufacturing of ply boards. The said unit was inspected by Sh Shailnder Arora, Regional Officer Karnal on 25.07.2024.
Sr. General Information of plywood's Remarks No.
1. Sources from which the raw material is procured Timber / Face Veneer (Popular/Eucalyptus):- Timber logs are being procured from Yamunanagar and Uttar Pradesh through local timber market.
Formaldehyde:- Being procured from local market.
2. Nature and quantity of fuel used The said unit is using waste wood as a fuel which is being used in boiler (8T/Day). The quantity of fuel is 30 to 35 TPD
3. Quantum of fly ash generated and 120 Kg/day of fly ash is being generated management O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 47
4. Management and disposal of fly ash Fly ash is being collected in bags but no generated record of ash generation and disposal is provided by the unit. Further, the representative of the unit has submitted that the fly ash is being used by locals and farmers for filling and leveling purposes.
5. Nature and adequacy of The plantation carried out along plantation carried out / required to be boundary of 1/2 Acre. carried out in the premises / on the Further, more plantation is needed to be periphery / boundaries done.
6. Nature, number and adequacy of Unit has provided adequate Multi -
devices for prevention and cyclone collector as APCM. The said unit control of water and air does not generate any trade effluent. pollution installed /required Unit generates domestic effluent which is less than 10 KLD and which is being managed / disposed off through Septic Tank with Soak Pit within the premises.
7. Whether there is any borewell and 01 no Borewell installed.
ground water is being extracted
8. Whether permission for the same has The permission from HWRA was valid been obtained from State Ground upto 20.03.2024, now unit applied for Water Authority renewal.
9. Whether there is any provision for 01 no. rain water harvesting system rain water harvesting. provided by the unit.
10. Whether there is discharge of any There is Nill discharge of any effluent effluent from industry. from the unit.
11. Whether unit is connected to any Not connected with any drain.
drain.
"
(b) Reply by the Project Proponent "REPLY/OBJECTION BY RESPONDENT AGAINST THE DETAILED REPORT FILED BY THE HARYANA STATE POLLUTION CONTROL BOARD X X X X X
2. That the Respondent is a Proprietorship established in 2018 and has been engaged in the plywood industry and is amongst those 28 industries which were named in the order.
3 That it is submitted that the Respondent uses wood waste as its fuel and not coal or any other substance. The quantity of the wood waste used daily is around 3.5 tons or 3500 kgs. However, the O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 48 report of the HSPCB incorrectly states that the Respondent is utilizing 30 to 35 tons of wood waste which is incorrect and false.
4. That it is incorrectly stated in the report of HSPCB that Respondent is generating fly ash. As the fuel used is wood waste hence it generates only wood ash which is approx. 55 kg depending upon the type of wood waste. The wood ash generated in the process is taken away by the local and farmers for filling and levelling purpose. Hence, the wood ash is disposed accordingly.
5. That as the wood ash generated is not usable by the Respondent herein, the same is stored in gunning bags said bags are thereafter, taken away by locals and farmers after due verification by the Respondents. However, as the same is not a saleable product, separate/individual record is not kept of it's disposal to the locals.
6. That with respect to the nature and adequacy of plantation carried out it is submitted that the Respondents have planted abundant trees/plants in the premises. The HSPCB is not correct in submitting in the report that adequate plantation is not done A copy of set of photographs from the unit dated NIL is ANNEXURE R-1.
7. That so far as the NOC from the State Ground Water Authority is concerned, the Respondents have the NOC valid up to 20.03.2024 and the renewal of the same was applied on 31.03.2024. However, the said application is pending disposal and there is no objection/defect notified in the said application..
8. That the Respondent is a manufacturing unit engaged in the present industry since past more than 6 years. The Respondent has always complied and followed each and every rule and law scrupulously. However, the Respondents states that in the event any further direction, if any is passed by this Tribunal, Respondent shall be obliged to follow the same as well. It is lastly submitted that considering the fact of compliance by the Respondent and the fact that Respondent is a source of livelihood to huge section of society who are directly and indirectly engaged with the Respondent, this Tribunal may be pleased to dismiss the O.A with heavy cost to the Applicant."
(iv) O.A. No. 852/2024:- :- Sumit Sani Vs. M/s. Kunjan Wood Industries
(a) Action taken report filed by HSPCB "Action taken report on behalf of Regional Officer, Haryana State Pollution Control Board, Yamuna Nagar, in compliance of order dated 18.04.2024.
X X X X X • Detailed report of Plywood Industry:-
M/s Kunjan Wood Industries, Village & PO Damla, District Yamuna Nagar:- The said unit is a plywood industry and engaged in the manufacturing of ply boards. The said unit was inspected by Sh. Shailender Arora, Regional Officer, Karnal on 5.07.2024.
Sr. General Information of plywood's Remarks No. O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 49
1. Sources from which the raw material is procured Timber / Face Veneer (Popular/Eucalyptus):- Timber logs are being procured from Yamunanagar and Uttar Pradesh through local timber market.
Formaldehyde:- Being procured from local market.
2. Nature and quantity of fuel used Wood waste is being used as fuel with quantity 3T/Day
3. Quantum of fly ash generated and Boiler ash- approx 45 Kg/day management
4. Management and disposal of fly ash Fly ash is being collected in bags but no generated record of ash generation and disposal is provided by the unit. Further, the representative of the unit has submitted that the fly ash is being used by locals and farmers for filling and leveling purposes.
5. Nature and adequacy of The unit has done plantation in 1 Acre plantation carried out / required to be land of unit near but adequate carried out in the premises / on the plantation form of green wall across the periphery / boundaries boundary is not provided.
6. Nature, number and adequacy of Unit has provided adequate Multi -
devices for prevention and cyclone collector as APCM. The said unit control of water and air does not generate any trade effluent. pollution installed /required Unit generates domestic effluent which is less than 10 KLD and which is being managed / disposed off through Septic Tank with Soak Pit within the premises.
7. Whether there is any borewell and 02 no Borewell installed.
ground water is being extracted
8. Whether permission for the same has NOC was valid upto 17.10.2023 and been obtained from State Ground now, unit applied for renewal. Water Authority
9. Whether there is any provision for 01 no rain water harvesting system rain water harvesting. provided by the unit.
10. Whether there is discharge of any There is Nill discharge of any effluent effluent from industry. from the unit.
O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 50
11. Whether unit is connected to any Not connected with any drain.
drain.
"
(b) Reply by Project Proponent "REPLY/OBJECTION ON BEHALF OF THE RESPONDENT AGAINST THE DETAILED REPORT FILED BY THE HARYANA STATE POLLUTION CONTROL BOARD X X X X X
2. That the Respondent is Partnership established in 2003 and has been engaged in the plywood industry and is amongst those 28 industries which were named in the order.
3. That it is incorrectly stated in the report of HSPCB that Respondent is generating fly ash. As the fuel used is wood waste hence it generates only wood ash which is approx. 20¬45 kg depending upon the type of wood waste. The wood ash generated in the process is taken away by the local and farmers for filling and levelling purpose. Hence, the wood ash is disposed accordingly.
4. That as the wood ash generated is not usable by the Respondent herein, the same is stored in gunning bags which comes to approximately 45 Kg/day from around 3000 kg of wood waste burning. The said bags are thereafter, taken away by locals and farmers after due verification by the Respondents. However, as the same is not a saleable product, separate/individual record is not kept of it's disposal to the locals. A copy of agreement with respect to disposal of ash generated dated 12.07.2022 is ANNEXURE R-1.
5. So far as the NOC from the State Ground Water Authority is concerned, the Respondents have the NOC valid up to 17.10.2023. However, the Respondent's applied for it's renewal on 04.10.2023 vide Application No. HWRA/IND/R/2023/1232, dated 04.10.2023 which is pending disposal and there is no objection/defect notified in the said application.
6. That with respect to the nature and adequacy of plantation carried out it is submitted that the Respondents have planted abundant trees/plants in the premises. The HSPCB is not correct in submitting in the report that adequate plantation is not done A copy of set of photographs from the unit dated NIL is ANNEXURE R-2
7. That it is further submitted that there are rain water harvesting systems installed in the said unit and are in regular use during rain.
8. That the Respondent is a manufacturing unit engaged in the present industry since past more than 21 years. The Respondent has always complied and followed each and every rule and law scrupulously. However, the Respondents states that in the event any further direction, if any is passed by this Tribunal, Respondent shall be obliged to follow the same as well. It is lastly submitted that considering the fact of compliance by the Respondent and the fact that Respondent is a source of livelihood to huge section of society who are directly and indirectly engaged with the Respondent, this Tribunal may be pleased to dismiss the O.A with heavy cost to the Applicant."
(v) O.A. No. 853/2024: :- Sumit Sani Vs. M/s. Burma Boards & Ors.
(a) Action taken report filed by HSPCB "Action taken report on behalf of Regional Officer, Haryana O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 51 State Pollution Control Board, Yamuna Nagar, in compliance of order dated 18.04.2024.
X X X X X • Detailed report of Plywood Industry:-
M/s Burma Wood Products, Village & P.O. Damla, Yamuna Nagar:-The said unit is a plywood industry and engaged in the manufacturing of ply boards. The said unit was inspected by Sh. Nitin Mehta, Regional Officer, Kurukshetra on 25.07.2024.
Sr. General Information of plywood's Remarks No.
1. Sources from which the raw material is procured Timber / Face Veneer (Popular/Eucalyptus):- Timber logs are being procured from Yamunanagar and Uttar Pradesh through local timber market.
Formaldehyde:- Being procured from local market.
2. Nature and quantity of fuel used Wood chips and agrowaste of 3500kg/day is being used as fuel
3. Quantum of fly ash generated and Average 45Kg/Day approx of fly ash is management being generated.
4. Management and disposal of fly ash Fly ash is being collected in bags but no generated record of ash generation and disposal is provided by the unit. Further, the representative of the unit has submitted that the fly ash is being used by locals and farmers for filling and leveling purposes.
5. Nature and adequacy of Adequate plantation is not provided..
plantation carried out / required to be carried out in the premises / on the periphery / boundaries
6. Nature, number and adequacy of Unit has provided adequate Multi -
devices for prevention and cyclone collector as APCM. The said unit control of water and air does not generate any trade effluent. pollution installed /required Unit generates domestic effluent which is less than 10 KLD and which is being managed / disposed off through Septic Tank with Soak Pit within the premises.
O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 52
7. Whether there is any borewell and 01 no Borewell installed.
ground water is being extracted
8. Whether permission for the same has Permission obtained from HWRA which been obtained from State Ground is valid upto 08.09.2024 Water Authority
9. Whether there is any provision for 01 no rain water harvesting system rain water harvesting. provided by the unit.
10. Whether there is discharge of any There is Nill discharge of any effluent effluent from industry. from the unit.
11. Whether unit is connected to any Not connected with any drain.
drain.
"
(b) Reply by Project Proponent " REPLY/OBJECTION ON BEHALF OF THE RESPONDENT AGAINST THE DETAILED REPORT FILED BY THE HARYANA STATE POLLUTION CONTROL BOARD X X X X X
2. That the Respondent is Partnership Firm established in 2007 and has been engaged in the plywood industry and is amongst those 28 industries which were named in the order.
3. That it is submitted that the Respondent uses wood waste as its fuel and not coal or any other substance. The quantity of the wood waste used daily is around 4 tons or 4000 kgs. However, the report of the HSPCB incorrectly states that the Respondent is utilizing 10 tons or 10000 kgs of wood waste which is incorrect and false.
4. That with respect to quantum of fly ash generated, managed and dispoed around 12 Kg of boiler ash is being generated and is stored in bags and then used for filling of low-lying areas. The record of the same is not maintained because wood ash generated from the wood waste is not saleable ot useable material and the said wood ash is taken away by the local farmers for filling and levelling purpose. Hence, the wood ash is disposed accordingly.
5. That as the wood ash generated is not usable by the Respondent herein, the same is stored in gunning bags said bags are thereafter, taken away by locals and farmers after due verification by the Respondents. However, as the same is not a separate product, separate/individual record is not kept of it's disposal to the locals.
6. That with respect to the nature and adequacy of plantation carried out it is submitted that the Respondents have planted abundant trees/plants in the premises. The HSPCB is not correct in submitting in the report that adequate plantation is not done
7. That so far as the NOC from the State Ground Water Authority is concerned, the Respondents have the NOC valid up to 27.08.2023 and the renewal of the same was applied before the expiry of the earlier NOC. However, the said application is pending disposal and there is no objection/defect notified in the said application.
8. That it may be pertinent to mention that the Respondent is a O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 53 manufacturing unit engaged in the present industry since past more than 17years. The Respondent has always complied and followed each and every rule and law scrupulously. However, the Respondents states that in the event any further direction, if any is passed by this Tribunal, Respondent shall be obliged to follow the same as well. It is lastly submitted that considering the fact of compliance by the Respondent and the fact that Respondent is a source of livelihood to huge section of society who are directly and indirectly engaged with the Respondent, this Tribunal may be pleased to dismiss the O.A with heavy cost to the Applicant."
(vi) O.A. No. 854/2024: :- Sumit Sani Vs. M/s. Duna Panels Pvt. Ltd. & Ors.
(a) Action taken report filed by HSPCB "Action taken report on behalf of Regional Officer, Haryana State Pollution Control Board, Yamuna Nagar, in compliance of order dated 18.04.2024.
X X X X X • Detailed report of Plywood Industry:-
M/s Duna Panels Pvt. Ltd. (B.K. Industries), V.P.O. Damla, Delhi Road, Yamuna Nagar:- The said unit is a plywood industry and engaged in the manufacturing of ply boards. The said unit was inspected by Sh. Nitin Mehta, Regional Officer, Kurukshetra, on 25.07.2024.
Sr. General Information of plywood's Remarks No.
1. Sources from which the raw material is procured Timber / Face Veneer (Popular/Eucalyptus):- Timber logs are being procured from Yamunanagar and Uttar Pradesh through local timber market.
Formaldehyde:- Being procured from local market.
2. Nature and quantity of fuel used Wood chips and agro waste of quantity 3000 kg/day is used.
3. Quantum of fly ash generated and Average 35Kg/Day approx of fly ash is management being generated.
4. Management and disposal of fly ash Fly ash is being collected in bags but no generated record of ash generation and disposal is provided by the unit. Further the representative of the unit has submitted that the fly ash is being used by locals and farmers for filling and leveling purposes.
O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 54
5. Nature and adequacy of Adequate plantation is not provided.
plantation carried out / required to be carried out in the premises / on the periphery / boundaries
6. Nature, number and adequacy of Unit has provided adequate Multi -
devices for prevention and cyclone collector as APCM. The said unit control of water and air does not generate any trade effluent. pollution installed /required Unit generates domestic effluent which is less than 10 KLD and which is being managed / disposed off through Septic Tank with Soak Pit within the premises.
7. Whether there is any borewell and 01 no Borewell installed.
ground water is being extracted
8. Whether permission for the same has Permission obtained from HWRA which been obtained from State Ground was valid upto 02.03.2024 and now unit Water Authority applied for renewal.
9. Whether there is any provision for 01 no rain water harvesting system rain water harvesting. provided by the unit.
10. Whether there is discharge of any There is Nill discharge of any effluent effluent from industry. from the unit.
11. Whether unit is connected to any Not connected with any drain.
drain.
"
(b) Reply by Project Proponent " REPLY/OBJECTION ON BEHALF OF THE RESPONDENT AGAINST THE DETAILED REPORT FILED BY THE HARYANA STATE POLLUTION CONTROL BOARD X X X X
2. That the Respondent is Private Limited Company established in 2001 and has been engaged in the plywood industry and is amongst those 28 industries which were named in the order.
3. That it is incorrectly stated in the report of HSPCB that Respondent is generating fly ash. As the fuel used is wood waste hence it generates only wood ash which is approx. 35 kg depending upon the type of wood waste. The wood ash generated in the process is taken away by the local and farmers for filling and levelling purpose. Hence, the wood ash is disposed accordingly.
4. That as the wood ash generated is not usable by the Respondent herein, the same is stored in gunning bags said bags are thereafter, taken away by locals and farmers after due verification by the Respondents. However, as the same is not a separate product, separate/individual record is not kept of it's disposal to the locals. O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 55
5. That with respect to the nature and adequacy of plantation carried out it is submitted that the Respondents have planted approx. 350 trees/plants in the premises. The HSPCB is not correct in submitting in the report that adequate plantation is not done A copy of set of photographs from the unit dated NIL is ANNEXURE R-
1.
6. That so far as the NOC from the State Ground Water Authority is concerned, the Respondents have the NOC valid up to 02.03.2024 and the renewal of the same was applied before the expiry of the earlier NOC. However, the said application is pending disposal and there is no objection/defect notified in the said application.
7. That the Respondent is a manufacturing unit engaged in the present industry since past more than 23 years. The Respondent has always complied and followed each and every rule and law scrupulously. However, the Respondents states that in the event any further direction, if any is passed by this Tribunal, Respondent shall be obliged to follow the same as well. It is lastly submitted that considering the fact of compliance by the Respondent and the fact that Respondent is a source of livelihood to huge section of society who are directly and indirectly engaged with the Respondent, this Tribunal may be pleased to dismiss the O.A with heavy cost to the Applicant."
(vii) O.A. No. 855/2024:- :- Sumit Sani Vs. M/s. Pragati Industries & Ors.
(a) Action taken report filed by HSPCB "Action taken report on behalf of Regional Officer, Haryana State Pollution Control Board, Yamuna Nagar, in compliance of order dated 18.04.2024.
X X X X X • Detailed report of Plywood Industry:-
M/s Pragati Industries, V.P.O. Damla, Yamuna Nagar:- The said unit is a plywood industry and engaged in the manufacturing of ply boards. The said unit was inspected by Sh. Nitin Mehta, Regional Officer, Kurukshetra on 25.07.2024.
Sr. General Information of plywood's Remarks No.
1. Sources from which the raw material is procured Timber / Face Veneer (Popular/Eucalyptus):- Timber logs are being procured from Yamunanagar and Uttar Pradesh through local timber market.
Formaldehyde:- Being procured from local market.
2. Nature and quantity of fuel used Wood chips and agro waste of quantity 3500kg/day is used as fuel in boiler section, O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 56
3. Quantum of fly ash generated and Average 40Kg/Day approx of fly ash is management being generated
4. Management and disposal of fly ash Fly ash is being collected in bags but no generated record of ash generation and disposal is provided by the unit. Further the representative of the unit has submitted that the fly ash is being used by locals and farmers for filling and leveling purposes.
5. Nature and adequacy of Adequate plantation is not provided.
plantation carried out / required to be carried out in the premises / on the periphery / boundaries
6. Nature, number and adequacy of Unit has provided adequate Multi -
devices for prevention and cyclone collector as APCM. The said unit control of water and air does not generate any trade effluent. pollution installed /required Unit generates domestic effluent which is less than 10 KLD and which is being managed / disposed off through Septic Tank with Soak Pit within the premises.
7. Whether there is any borewell and 01 no Borewell installed.
ground water is being extracted
8. Whether permission for the same has NOC was valid upto 14.12.2023 and now been obtained from State Ground unit applied for renewal vide application Water Authority no. HWRA/IND/R/2023 /1426.
9. Whether there is any provision for 01 no rain water harvesting system rain water harvesting. provided by the unit.
10. Whether there is discharge of any There is Nill discharge of any effluent effluent from industry. from the unit.
11. Whether unit is connected to any Not connected with any drain.
drain.
"
(b) Reply by Project Proponent "REPLY/OBJECTION ON BEHALF OF THE RESPONDENT AGAINST THE DETAILED REPORT FILED BY THE HARYANA STATE POLLUTION CONTROL BOARD X X X X
2. That the Respondent is Partnership established in 2001 and has been engaged in the plywood industry and is amongst those 28 O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 57 industries which were named in the order.
3. That it is incorrectly stated in the report of HSPCB that Respondent is generating fly ash. As the fuel used is wood waste hence it generates only wood ash which is approx. 40 kg depending upon the type of wood waste. The wood ash generated in the process is taken away by the local and farmers for filling and levelling purpose. Hence, the wood ash is disposed accordingly.
4. That as the wood ash generated is not usable by the Respondent herein, the same is stored in gunning bags said bags are thereafter, taken away by locals and farmers after due verification by the Respondents. However, as the same is not a separate product, separate/individual record is not kept of it's disposal to the locals.
5. That with respect to the nature and adequacy of plantation carried out it is submitted that the Respondents have planted approx. 250 trees/plants in the premises. The HSPCB is not correct in submitting in the report that adequate plantation is not done. A copy of set of photographs from the unit dated NIL is ANNEXURE R-
1.
6. That so far as the NOC from the State Ground Water Authority is concerned, the Respondents have the NOC valid up to 14.12.2023 and the renewal of the same was applied before the expiry of the earlier NOC. However, the said application is pending disposal and there is no objection/defect notified in the said application.
7. That the Respondent is a manufacturing unit engaged in the present industry since past more than 23 years. The Respondent has always complied and followed each and every rule and law scrupulously. However, the Respondents states that in the event any further direction, if any is passed by this Tribunal, Respondent shall be obliged to follow the same as well. It is lastly submitted that considering the fact of compliance by the Respondent and the fact that Respondent is a source of livelihood to huge section of society who are directly and indirectly engaged with the Respondent, this Tribunal may be pleased to dismiss the O.A with heavy cost to the Applicant."
(viii) O.A. No. 856/2024:- :- Sumit Sani Vs. M/s. Haploos Plyboards Pvt. Ltd.
(a) Action taken report filed by HSPCB "Action taken report on behalf of Regional Officer, Haryana State Pollution Control Board, Yamuna Nagar, in compliance of order dated 18.04.2024.
X X X X X • Detailed report of Plywood Industry:-
M/s Haploos Plyboards Pvt Ltd, Village and PO Damla, Yamuna Nagar:- The said unit is a plywood industry and engaged in the manufacturing of ply boards. The said unit was inspected by Sh. Shailender Arora, Regional Officer, Karnal on 25.07.2024.
Sr. General Information of plywood's Remarks No. O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 58
1. Sources from which the raw material is procured Timber / Face Veneer (Popular/Eucalyptus):- Timber logs are being procured from Yamunanagar and Uttar Pradesh through local timber market.
Formaldehyde:- Being procured from local market.
2. Nature and quantity of fuel used Waste wood of quantity 4500kg/day is used as fuel.
3. Quantum of fly ash generated and Boiler ash generated, approx 50kg/day management being stored in bags and then deliver for farmer/ low lying area of contract site filling
4. Management and disposal of fly ash • Being stored in bags generated • For low lying and in fields of contract sites.
• No record is maintained.
5. Nature and adequacy of Adequate plantation is not provided.
plantation carried out / required to be carried out in the premises / on the periphery / boundaries
6. Nature, number and adequacy of Unit has provided adequate Multi -
devices for prevention and cyclone collector as APCM. The said unit control of water and air does not generate any trade effluent. pollution installed /required Unit generates domestic effluent which is less than 10 KLD and which is being managed / disposed off through Septic Tank with Soak Pit within the premises.
7. Whether there is any borewell and 01 no Borewell installed.
ground water is being extracted
8. Whether permission for the same has Permission frpm HWRA was valid upto been obtained from State Ground 20.01.2024, now unit applied for Water Authority renewal.
9. Whether there is any provision for 01 no rain water harvesting system rain water harvesting. provided by the unit. O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 59
10. Whether there is discharge of any There is Nill discharge of any effluent effluent from industry. from the unit.
11. Whether unit is connected to any Not connected with any drain.
drain.
"
(b) Reply by the Project Proponent "REPLY/OBJECTION ON BEHALF OF THE RESPONDENT AGAINST THE DETAILED REPORT FILED BY THE HARYANA STATE POLLUTION CONTROL BOARD X X X X
2. That the Respondent is a Private Limited Companyestablished in the year 2002 and has been engaged in the plywood industry and is amongst those 28 industries which were named in the order.
3. That it is incorrectly stated in the report of HSPCB that Respondent is generating fly ash. As the fuel used is wood waste hence it generates only wood ash which is approx. 50 kg depending upon the type of wood waste. The wood ash generated in the process is taken away by the local and farmers for filling and levelling purpose. Hence, the wood ash is disposed accordingly.
4. That the wood ash generated is not used by the Respondent, hence the same is stored in gunning bags. The said bags are thereafter, taken away by locals and farmers after due verification by the Respondents. However, as the same is not a saleable product, separate/individual record is not kept of it's disposal to the locals.
5. That in the report, the HSPCB alleges, with respect to the management and disposal of fly ash generated, that fly ash is being collected in bags but no record of ash generation and disposal is provided by the unit. Upon this it is pertinent to mention that no fly ash is being generated and it is only wood ash that is being generated.
6. That with respect to the nature and adequacy of plantation carried out it is submitted that the Respondents have planted abundant trees/plants in the premises. The HSPCB is not correct in submitting in the report that adequate plantation is not done A copy of set of photographs from the unit dated NIL is ANNEXURE R-1.
7. That regarding the NOC from the State Ground Water Authority, the Respondents had a valid NOC upto 20.01.2024 and before the expiry of the same the Respondent has already applied for its renewal however, the same is pending disposal at the end of the Haryana Ground Water Department but no objection/defect is notified in the said application till date.
8. That it is further submitted that there are rain water harvesting systems installed in the said unit and are in regular use during rain. The report of the HSPCB has stated that there is 1 rain water harvesting system. A true copy of photographs of Rain water harvesting systems in the unit dated NIL is ANNEXURE R-2.
9. That may be pertinent to mention that Respondent is a manufacturing unit engaged in the present industry since past more than 22 years. The Respondent has always complied and followed each and every rule and law scrupulously. However, the Respondents states that in the event any further direction, if any is passed by this Tribunal, Respondent shall be obliged to follow the same as well. It is lastly submitted that considering the fact of compliance by the Respondent and the fact that Respondent is a source of livelihood to huge section of society who are directly and O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 60 indirectly engaged with the Respondent, this Tribunal may be pleased to dismiss the O.A with heavy cost to the Applicant."
(ix) O.A. No. 857/2024:- :- Sumit Sani Vs. M/s. Haryana Joinery Mills & Ors.
(a) Action taken report filed by HSPCB "Action taken report on behalf of Regional Officer, Haryana State Pollution Control Board, Yamuna Nagar, in compliance of order dated 18.04.2024.
X X X X X • Detailed report of Plywood Industry:-
M/s Haryana Joinery Mills, Village Damla, Yamuna Nagar:-The said unit is a plywood industry and engaged in the manufacturing of ply boards. The said unit was inspected by Sh V.S. Punia, Regional Officer, Yamunanagar Region on 25.07.2024 and found that the unit is not operational and lying closed at its own. • The Regional Officer, Yamunanagar Region has requested the Head Office to prepare guidelines for the safe disposal of fly ash for plywood industries, in accordance with the Hon'ble NGT's orders dated 18.04.2024 in case O.A. No. 373/2022. The relevant communication, vide no. HSPCB/YR/2024/611 dated 28.06.2024, is attached as Annexure-R/4.
This status report is being submitted for kind consideration please. It is undertaken to comply with the directions passed by the Hon'ble Tribunal."
(x) O.A. No. 858/2024:- :- Sumit Sani Vs. M/s. Gokul Enterprises & Ors.
"Action taken report on behalf of Regional Officer, Haryana State Pollution Control Board, Yamuna Nagar, in compliance of order dated 18.04.2024.
X X X X X • Detailed report of Plywood Industry:- M/s Gokul Enterprises, Khurdi Road, Village Damla, Yamuna Nagar:- The said unit is a plywood industry and engaged in the manufacturing of ply boards. The said unit was inspected by Sh V.S. Punia, Regional Officer, Yamunanagar Region on 25.07.2024.
Sr. General Information of plywood's Remarks No.
1. Sources from which the raw material is procured Timber / Face Veneer (Popular/Eucalyptus):- Timber logs are being procured from Yamunanagar and Uttar Pradesh through local timber market.
Formaldehyde:- Being procured from local market.
O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 61
2. Nature and quantity of fuel used Agro waste & wood waste quantity 600 kg/day.
3. Quantum of fly ash generated and Approximately 10Kg/Day is being management generated
4. Management and disposal of fly ash Fly ash is being collected in bags but no generated record of ash generation and disposal is provided by the unit. Further the representative of the unit has submitted that the fly ash is being used by locals and farmers for filling and leveling purposes.
5. Nature and adequacy of Adequate plantation is not provided.
plantation carried out / required to be carried out in the premises / on the periphery / boundaries
6. Nature, number and adequacy of Unit has provided adequate Multi -
devices for prevention and cyclone collector as APCM. The said unit control of water and air does not generate any trade effluent. pollution installed /required Unit generates domestic effluent which is less than 10 KLD and which is being managed / disposed off through Septic Tank with Soak Pit within the premises.
7. Whether there is any borewell and 01 no Borewell installed.
ground water is being extracted
8. Whether permission for the same has Permission frpm HWRA was valid upto been obtained from State Ground 02.03.2024, now unit applied for Water Authority renewal.
9. Whether there is any provision for 01 no rain water harvesting system rain water harvesting. provided by the unit.
10. Whether there is discharge of any There is Nill discharge of any effluent effluent from industry. from the unit.
11. Whether unit is connected to any Not connected with any drain.
drain.
"
(b) Reply by Project Proponent "REPLY/OBJECTION ON BEHALF OF THE RESPONDENT O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 62 AGAINST THE DETAILED REPORT FILED BY THE HARYANA STATE POLLUTION CONTROL BOARD X X X X
2. That the Respondent is Partnership established in 2004 and has been engaged in the plywood industry and is amongst those 28 industries which were named in the order.
3. That it is incorrectly stated in the report of HSPCB that Respondent is generating fly ash. As the fuel used is wood waste hence it generates only wood ash which is approx. 10 kg depending upon the type of wood waste. The wood ash generated in the process is taken away by the local and farmers for filling and levelling purpose. Hence, the wood ash is disposed accordingly.
4. That as the wood ash generated is not usable by the Respondent herein, the same is stored in gunning bags said bags are thereafter, taken away by locals and farmers after due verification by the Respondents. However, as the same is not a saleable product, separate/individual record is not kept of it's disposal to the locals.
5. That with respect to the nature and adequacy of plantation carried out it is submitted that the Respondents have planted abundant trees/plants in the premises. The HSPCB is not correct in submitting in the report that adequate plantation is not done A copy of set of photographs from the unit dated NIL is ANNEXURE R-1.
6. That so far as the NOC from the State Ground Water Authority is concerned, the Respondents have the NOC valid up to 02.03.2024 and the renewal of the same was applied before the expiry of the earlier NOC. However, the said application is pending disposal and there is no objection/defect notified in the said application.
7. That the Respondent is a manufacturing unit engaged in the present industry since past more than 20 years. The Respondent has always complied and followed each and every rule and law scrupulously. However, the Respondents states that in the event any further direction, if any is passed by this Tribunal, Respondent shall be obliged to follow the same as well. It is lastly submitted that considering the fact of compliance by the Respondent and the fact that Respondent is a source of livelihood to huge section of society who are directly and indirectly engaged with the Respondent, this Tribunal may be pleased to dismiss the O.A with heavy cost to the Applicant."
(x) O.A. No. 859/2024:- Sumit Sani Vs. M/s. Nagpal Wood Industries & Ors.
(a) Action taken report filed by HSPCB "Action taken report on behalf of Regional Officer, Haryana State Pollution Control Board, Yamuna Nagar, in compliance of order dated 18.04.2024.
• Detailed report of Plywood Industry:-
M/s Nagpal Wood Industries, V.P.O. Damla, Hafizpur Road, Yamuna Nagar:-The said unit is a plywood industry and engaged in the manufacturing of ply boards. The said unit was inspected by Sh V.S. Punia, Regional Officer, Yamunanagar Region on 25.07.2024.
Sr. General Information of plywood's Remarks No. O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 63
1. Sources from which the raw material is procured Timber / Face Veneer (Popular/Eucalyptus):- Timber logs are being procured from Yamunanagar and Uttar Pradesh through local timber market.
Formaldehyde:- Being procured from local market.
2. Nature and quantity of fuel used The said unit uses (Agro waste & wood waste) as fuel in Boiler. Total quantity of fuel is 2500Kg/Day
3. Quantum of fly ash generated and Fly ash is generated approx. 50Kg/Day management while the unit is in operation and no storage area is provided for fly ash. The fly ash is collected on weekly basis from the fixing area of the boiler and is given to local farmers.
4. Management and disposal of fly ash Fly ash is being collected in bags but no generated record of ash generation and disposal is provided by the unit. Further the representative of the unit has submitted that the fly ash is being used by locals and farmers for filling and leveling purposes.
5. Nature and adequacy of Adequate plantation is not provided.
plantation carried out / required to be carried out in the premises / on the periphery / boundaries
6. Nature, number and adequacy of Unit has provided adequate Multi -
devices for prevention and cyclone collector as APCM. The said unit control of water and air does not generate any trade effluent. pollution installed /required Unit generates domestic effluent which is less than 10 KLD and which is being managed / disposed off through Septic Tank with Soak Pit within the premises.
7. Whether there is any borewell and 01 no Borewell installed.
ground water is being extracted
8. Whether permission for the same has The unit had earlier obtained HWRA been obtained from State Ground permission upto28/10/2023. Now, unit Water Authority has applied for renewal.
O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 64
9. Whether there is any provision for 01 no rain water harvesting system is rain water harvesting. under construction.
10. Whether there is discharge of any There is Nill discharge of any effluent effluent from industry. from the unit.
11. Whethert is connected to any drain. Not connected with any drain.
"
(b) Reply by Project Proponent "REPLY/OBJECTION ON BEHALF OF THE RESPONDENT AGAINST THE DETAILED REPORT FILED BY THE HARYANA STATE POLLUTION CONTROL BOARD X X X X
2. That the Respondent is Proprietorship established in 2004 and has been engaged in the plywood industry and is amongst those 28 industries which were named in the order.
3. That in the report, the HSPCB states, with respect to quantum of fly ash generated and management, that while the unit is in operation approximately 50Kg/Day of fly ash is being generated and no storage area is provided by the unit. Also, the report states that the fly ash is collected on weekly basis from the fixing area of the boiler and is given to the farmers. It is submitted that the said assertion is not correct as the Respondent's unit is generating wood ash instead of fly ash.
4. That it is further submitted that the said wood ash generated from the wood waste used as fuel, around 50 Kg/day of wood ash is generated as stated above. The said wood ash is taken away by the local and farmers for filling and levelling purpose. Hence, the wood ash is disposed accordingly.
5. That as the wood ash generated is not usable by the Respondent herein, the same is stored in gunning bags which comes to approximately 50 Kg/day from around 2500 kg of wood waste burning. The said bags are thereafter, taken away by locals and farmers after due verification by the Respondents. However, as the same is not a saleable product, separate/individual record is not kept of it's disposal to the locals.
6. That regarding the NOC from the State Ground Water Authority, the Respondents had a valid NOC upto 28.10.2023 and before the expiry of the same the Respondent has already applied for its renewal however, the same is pending disposal at the end of the Haryana Ground Water Department but no objection/defect is notified in the said application till date.
7. That may be pertinent to mention that Respondent is a manufacturing unit engaged in the present industry since past more than 20 years. The Respondent has always complied and followed each and every rule and law scrupulously. However, the Respondents states that in the event any further direction, if any is passed by this Tribunal, Respondent shall be obliged to follow the same as well. It is lastly submitted that considering the fact of compliance by the Respondent and the fact that Respondent is a source of livelihood to huge section of society who are directly and indirectly engaged with the Respondent, this Tribunal may be O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 65 pleased to dismiss the O.A with heavy cost to the Applicant."
(xi) O.A. No. 860/2024:- :- Sumit Sani Vs. M/s. Bhagwati Udyog & Ors.
(a) Action taken report filed by HSPCB "Action taken report on behalf of Regional Officer, Haryana State Pollution Control Board, Yamuna Nagar, in compliance of order dated 18.04.2024.
X X X X X • Detailed report of Plywood Industry:-
M/s Bhagwati Udyog, Village & P.O Damla, Delhi road Yamunanagar:- The said unit is a plywood industry and engaged in the manufacturing of ply boards. The said unit was inspected by Sh V.S. Punia, Regional Officer, Yamunanagar Region on 25.07.2024.
Sr. General Information of plywood's Remarks No.
1. Sources from which the raw material is procured Timber / Face Veneer (Popular/Eucalyptus):- Timber logs are being procured from Yamunanagar and Uttar Pradesh through local timber market.
Formaldehyde:- Being procured from local market.
2. Nature and quantity of fuel used Wood chips and agrowaste of quantity 5000 Kg/Day
3. Quantum of fly ash generated and Average 75Kg/Day approx of fly ash is management being generated.
4. Management and disposal of fly ash Fly ash is being collected in bags but no generated record of ash generation and disposal is provided by the unit. Further the representative of the unit has submitted that the fly ash is being used by locals and farmers for filling and leveling purposes.
5. Nature and adequacy of Plantation done on plantation carried out / required to be periphery/boundaries of the unit but carried out in the premises / on the adequate plantation is not done periphery / boundaries O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 66
6. Nature, number and adequacy of Unit has provided adequate Multi -
devices for prevention and cyclone collector as APCM. The said unit control of water and air does not generate any trade effluent. pollution installed /required to be each of the plywood industries Unit generates domestic effluent which is less than 10 KLD and which is being managed / disposed off through Septic Tank with Soak Pit within the premises.
7. Whether there is any borewell and 01 no Borewell installed.
ground water is being extracted
8. Whether permission for the same has HWRA permission was valid upto been obtained from State Ground 31.03.2024, now unit applied for Water Authority renewal.
9. Whether there is any provision for 01 no rain water harvesting system rain water harvesting. provided by the unit.
10. Whether there is discharge of any There is Nill discharge of any effluent effluent from industry. from the unit.
11. Whether is connected to any drain. Not connected with any drain.
"
(b) Reply by Project Proponent "REPLY/OBJECTION ON BEHALF OF THE RESPONDENT AGAINST THE DETAILED REPORT FILED BY THE HARYANA STATE POLLUTION CONTROL BOARD X X X X
2. That the Respondent is Partnership established in 2013 and has been engaged in the plywood industry and is amongst those 28 industries which were named in the order.
3. That it is incorrectly stated in the report of HSPCB that Respondent is generating fly ash. As the fuel used is wood waste hence it generates only wood ash which is approx. 75 kg depending upon the type of wood waste. The wood ash generated in the process is taken away by the local and farmers for filling and levelling purpose. Hence, the wood ash is disposed accordingly.
4. That the wood ash generated is not used by the Respondent, hence the same is stored in gunning bags. The said bags are thereafter, taken away by locals and farmers after due verification by the Respondents. However, as the same is not a saleable product, separate/individual record is not kept of it's disposal to the locals.
5. That with respect to the nature and adequacy of plantation carried out it is submitted that the Respondents have planted abundant trees/plants in the premises. The HSPCB is not correct in submitting in the report that adequate plantation is not done A copy of set of photographs from the unit dated NIL is ANNEXURE R-1.
6. That regarding the NOC from the State Ground Water Authority, O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 67 the Respondents had a valid NOC upto31.03.2024 and before the expiry of the same the Respondent has already applied for its renewal via Application No. HWRA/IND/R/2024/2653, however, the same is pending disposal at the end of the Haryana Ground Water Department but no objection/defect is notified in the said application till date. A copy of the Application for NOC dated NIL is ANNEXURE R-2
7. That the Respondent is a manufacturing unit engaged in the present industry since past more than 11 years. The Respondent has always complied and followed each and every rule and law scrupulously. However, the Respondents states that in the event any further direction, if any is passed by this Tribunal, Respondent shall be obliged to follow the same as well. It is lastly submitted that considering the fact of compliance by the Respondent and the fact that Respondent is a source of livelihood to huge section of society who are directly and indirectly engaged with the Respondent, this Tribunal may be pleased to dismiss the O.A with heavy cost to the Applicant."
(xii) O.A. No. 861/2024: :- Sumit Sani Vs. M/s. Global India Wood Industries & Ors.
(a) Action taken report filed by HSPCB "Action taken report on behalf of Regional Officer, Haryana State Pollution Control Board, Yamuna Nagar, in compliance of order dated 18.04.2024.
X X X X X • Detailed report of Plywood Industry:-
M/s Global India Wood Industries, S.K Road, Village Damla, Yamuna Nagar:- The said unit is a plywood industry and engaged in the manufacturing of ply boards. The said unit is inspected by Sh V.S. Punia, Regional Officer, Yamuna Nagar Region on 25.07.2024 and found that the unit is not operational and lying closed at its own. · The Regional Officer, Yamuna Nagar Region has requested the Head Office to prepare guidelines for the safe disposal of fly ash for plywood industries, in accordance with the Hon'ble NGT's orders dated 18.04.2024 in case O.A. No. 373/2022. The relevant communication, vide no. HSPCB/YR/2024/611 dated 28.06.2024, is attached as Annexure-R/4."
(xiii) O.A. No. 862/2024:- :- Sumit Sani Vs. M/s. Baba Plywood Pvt. Ltd. & Ors.
"Action taken report on behalf of Regional Officer, Haryana State Pollution Control Board, Yamuna Nagar, in compliance of order dated 18.04.2024.
X X X X • Detailed report of Plywood Industry:- M/s Baba Plywood Pvt. Ltd., VPO Damla, Yamuna Nagar:-The said unit is a plywood industry and engaged in the manufacturing of ply boards. The said unit was inspected by Sh. Sudhir Mohan, Regional Officer, Panchkula, on 25.07.2024. O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 68 Sr. General Information of plywood's Remarks No.
1. Sources from which the raw material is procured Timber / Face Veneer (Popular/Eucalyptus):- Timber logs are being procured from Yamunanagar and Uttar Pradesh through local timber market.
Formaldehyde:- Being procured from local market.
2. Nature and quantity of fuel used Waste Wood quantity 3500kg/day is used as fuel.
3. Quantum of fly ash generated and Average 40Kg/day approx of fly ash is management being generated
4. Management and disposal of fly ash Fly ash is being collected in bags but no generated record of ash generation and disposal is provided by the unit. Further the representative of the unit has submitted that the fly ash is being used by locals and farmers for filling and leveling purposes.
5. Nature and adequacy of Unit has planted Peepal, neem, babool plantation carried out / required to be but adequate plantation is not provided. carried out in the premises / on the periphery / boundaries
6. Nature, number and adequacy of Unit has provided adequate Multi -
devices for prevention and cyclone collector as APCM. The said unit control of water and air does not generate any trade effluent. pollution installed /required Unit generates domestic effluent which is less than 10 KLD and which is being managed / disposed off through Septic Tank with Soak Pit within the premises.
7. Whether there is any borewell and 01 no Borewell installed.
ground water is being extracted
8. Whether permission for the same has Ground water permission was valid upto been obtained from State Ground 06.02.2024, now unit applied for Water Authority renewal.
O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 69
9. Whether there is any provision for 01 no rain water harvesting system rain water harvesting. provided by the unit.
10. Whether there is discharge of any There is Nill discharge of any effluent effluent from industry. from the unit.
11. Whether unit is connected to any Not connected with any drain.
drain.
"
(b) Reply by Project Proponent "REPLY/OBJECTION ON BEHALF OF THE RESPONDENT AGAINST THE DETAILED REPORT FILED BY THE HARYANA STATE POLLUTION CONTROL BOARD X X X X
2. That the Respondent is Private Limited Company established in 2002 and has been engaged in the plywood industry and is amongst those 28 industries which were named in the order.
3. That it is incorrectly stated in the report of HSPCB that Respondent is generating fly ash. As the fuel used is wood waste hence it generates only wood ash which is approx. 40 kg depending upon the type of wood waste. The wood ash generated in the process is taken away by the local and farmers for filling and levelling purpose. Hence, the wood ash is disposed accordingly.
4. That the wood ash generated is not used by the Respondent, hence the same is stored in gunning bags. The said bags are thereafter, taken away by locals and farmers after due verification by the Respondents. However, as the same is not a saleable product, separate/individual record is not kept of it's disposal to the locals.
5. That with respect to the nature and adequacy of plantation carried out it is submitted that the Respondents have planted abundant trees/plants in the premises. The HSPCB is not correct in submitting in the report that adequate plantation is not done A copy of set of photographs from the unit dated NIL is ANNEXURE R-1.
6. That so far as the NOC from the State Ground Water Authority is concerned, the Respondents have the NOC valid up to 06.02.2024 and the renewal of the same was applied before the expiry of the earlier NOC. However, the said application is pending disposal and there is no objection/defect notified in the said application.
7. That may be pertinent to mention that Respondent is a manufacturing unit engaged in the present industry since past more than 22 years. The Respondent has always complied and followed each and every rule and law scrupulously. However, the Respondents states that in the event any further direction, if any is passed by this Tribunal, Respondent shall be obliged to follow the same as well. It is lastly submitted that considering the fact of compliance by the Respondent and the fact that Respondent is a source of livelihood to huge section of society who are directly and indirectly engaged with the Respondent, this Tribunal may be pleased to dismiss the O.A with heavy cost to the Applicant."
(xiv) O.A. No. 863/2024:- :- Sumit Sani Vs. M/s. A.R. Wood Craft Pvt. Ltd. & Ors.
O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 70
(a) Action taken report filed by HSPCB "Action taken report on behalf of Regional Officer, Haryana State Pollution Control Board, Yamuna Nagar, in compliance of order dated 18.04.2024.
X X X X • Detailed report of Plywood Industry:-
M/s A. R. Wood Crafts Private Limited, Village Damla District Yamuna Nagar:-The said unit is a plywood industry and engaged in the manufacturing of ply boards. The said unit is inspected by Sh. Nitin Mehta Regional Officer Kurukshetra, dated 25.07.2024.
Sr. General Information of plywood's Remarks No.
1. Sources from which the raw material is procured Timber / Face Veneer (Popular/Eucalyptus):- Timber logs are being procured from Yamunanagar and Uttar Pradesh through local timber market.
Formaldehyde:- Being procured from local market.
2. Nature and quantity of fuel used Wood chips and agro waste of quantity 4500 kg/day is being used
3. Quantum of fly ash generated and Average 50 Kg/day approx fly ash is management being generated
4. Management and disposal of fly ash Fly ash is being collected in bags but no generated record of ash generation and disposal is provided by the unit. Further the representative of the unit has submitted that the fly ash is being used by locals and farmers for filling and leveling purposes.
5. Nature and adequacy of Adequate plantation is not provided.
plantation carried out / required to be carried out in the premises / on the periphery / boundaries O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 71
6. Nature, number and adequacy of Unit has provided adequate Multi -
devices for prevention and cyclone collector as APCM. The said unit control of water and air does not generate any trade effluent. pollution installed /required Unit generates domestic effluent which is less than 10 KLD and which is being managed / disposed off through Septic Tank with Soak Pit within the premises.
7. Whether there is any borewell and 01 no Borewell installed.
ground water is being extracted
8. Whether permission for the same has Unit has applied for Renewal Of HWRA been obtained from State Ground Permission and previous permission was Water Authority valid upto 30.08.2024.
9. Whether there is any provision for 01 no rain water harvesting system rain water harvesting. provided by the unit.
10. Whether there is discharge of any There is Nill discharge of any effluent effluent from industry. from the unit.
11. Whether is connected to any drain. Not connected with any drain.
"
(b) Reply by Project Proponent "REPLY/OBJECTION ON BEHALF OF THE RESPONDENT AGAINST THE DETAILED REPORT FILED BY THE HARYANA STATE POLLUTION CONTROL BOARD X X X X
2. That the Respondent is Private Limited Company established in 1998 and has been engaged in the plywood industry and is amongst those 28 industries which were named in the order.
3. That it is incorrectly stated in the report of HSPCB that Respondent is generating fly ash. As the fuel used is wood waste hence it generates only wood ash which is approx. 50 kg depending upon the type of wood waste. The wood ash generated in the process is taken away by the local and farmers for filling and levelling purpose. Hence, the wood ash is disposed accordingly.
4. That the wood ash generated is not used by the Respondent, hence the same is stored in gunning bags. The said bags are thereafter, taken away by locals and farmers after due verification by the Respondents. However, as the same is not a saleable product, separate/individual record is not kept of it's disposal to the locals. A copy of photograph of the gunning bags dated NIL is ANNEXURE R-
1.
5. That with respect to the nature and adequacy of plantation carried out it is submitted that the Respondents have planted abundant trees/plants in the premises. The HSPCB is not correct in submitting in the report that adequate plantation is not done A copy O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 72 of set of photographs from the unit dated NIL is ANNEXURE R-2.
6. That regarding the NOC from the State Ground Water Authority, the Respondents had a valid NOC upto30.08.2023 and before the expiry of the same the Respondent has already applied for its renewal however, the same is pending disposal at the end of the Haryana Ground Water Department but no objection/defect is notified in the said application till date.
7. That may be pertinent to mention that Respondent is a manufacturing unit engaged in the present industry since past more than 26 years. The Respondent has always complied and followed each and every rule and law scrupulously. However, the Respondents states that in the event any further direction, if any is passed by this Tribunal, Respondent shall be obliged to follow the same as well. It is lastly submitted that considering the fact of compliance by the Respondent and the fact that Respondent is a source of livelihood to huge section of society who are directly and indirectly engaged with the Respondent, this Tribunal may be pleased to dismiss the O.A with heavy cost to the Applicant."
(xv) O.A. No. 864/2024:- :- Sumit Sani Vs. M/s. Luxmi Timber & Ors.
(a) Action taken report filed by HSPCB "Action taken report on behalf of Regional Officer, Haryana State Pollution Control Board, Yamuna Nagar, in compliance of order dated 18.04.2024.
X X X X X • Detailed report of Plywood Industry:-
M/s Luxmi Timbers, V.P.O. Damla, Radaur Road, Yamuna Nagar:-The said unit is a plywood industry and engaged in the manufacturing of ply boards. The said unit was inspected by Sh. Sudhir Mohan, Regional Officer, Panchkula on 25.07.2024.
Sr. General Information of plywood's Remarks No.
1. Sources from which the raw material is procured Timber / Face Veneer (Popular/Eucalyptus):- Timber logs are being procured from Yamunanagar and Uttar Pradesh through local timber market.
Formaldehyde:- Being procured from local market.
2. Nature and quantity of fuel used Wood Waste is being used 5 tons/day. O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 73
3. Quantum of fly ash generated and Average 100Kg/Day approx of fly ash is management being generated.
4. Management and disposal of fly ash Fly ash is being collected in bags but no generated record of ash generation and disposal is provided by the unit. Further the representative of the unit has submitted that the fly ash is being used by locals and farmers for filling and leveling purposes.
5. Nature and adequacy of Adequate plantation is not provided.
plantation carried out / required to be carried out in the premises / on the periphery / boundaries
6. Nature, number and adequacy of Unit has provided adequate Multi -
devices for prevention and cyclone collector as APCM. The said unit control of water and air does not generate any trade effluent. pollution installed /required Unit generates domestic effluent which is less than 10 KLD and which is being managed / disposed off through Septic Tank with Soak Pit within the premises.
7. Whether there is any borewell and 01 no Borewell installed.
ground water is being extracted
8. Whether permission for the same has NOC was valid upto 06.02.2024 and unit been obtained from State Ground applied for renewal vide application no. Water Authority HWRA/IND/R/ 2024/1740.
9. Whether there is any provision for Not provided.
rain water harvesting.
10. Whether there is discharge of any There is Nill discharge of any effluent effluent from industry. from the unit.
11. Whether is connected to any drain. Not connected with any drain.
"
(b) Reply by Project Proponent "REPLY/OBJECTION ON BEHALF OF THE RESPONDENT AGAINST THE DETAILED REPORT FILED BY THE HARYANA STATE POLLUTION CONTROL BOARD O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 74 X X X X
2. That the Respondent is Proprietorship established in 1980 and has been engaged in the plywood industry and is amongst those 28 industries which were named in the order.
3. That it is incorrectly stated in the report of HSPCB that Respondent is generating fly ash. As the fuel used is wood waste hence it generates only wood ash which is approx. 100 kg depending upon the type of wood waste. The wood ash generated in the process is taken away by the local and farmers for filling and levelling purpose. Hence, the wood ash is disposed accordingly.
4. That the wood ash generated is not used by the Respondent, hence the same is stored in gunning bags. The said bags are thereafter, taken away by locals and farmers after due verification by the Respondents. However, as the same is not a saleable product, separate/individual record is not kept of it's disposal to the locals.
5. That with respect to the nature and adequacy of plantation carried out it is submitted that the Respondents have planted abundant trees/plants throughout the premises. The HSPCB is not correct in submitting in the report that plantation is being done only on boundaries/periphery.A copy of set of photographs from the unit dated NIL is ANNEXURE R-1.
6. That so far as the NOC from the State Ground Water Authority is concerned, the Respondents have obtained NOC for underground water valid up to 06.02.2024. The Respondent has applied for it's renewal on 01.02.2024 via Application No. HWRA/IND/R/2024/1740, however, the same is pending disposal and there is no objection/defect notified in the said application.
7. That it may be pertinent to mention that the Respondent is a manufacturing unit engaged in the present industry since past more than 44 years. The Respondent has always complied and followed each and every rule and law scrupulously. However, the Respondents states that in the event any further direction, if any is passed by this Tribunal, Respondent shall be obliged to follow the same as well. It is lastly submitted that considering the fact of compliance by the Respondent and the fact that Respondent is a source of livelihood to huge section of society who are directly and indirectly engaged with the Respondent, this Tribunal may be pleased to dismiss the O.A with heavy cost to the Applicant."
(xvi) O.A. No. 865/2024:-Sumit Sani Vs. M/s. Classic Plywood Industries & Ors.
(a) Action taken report filed by HSPCB "Action taken report on behalf of Regional Officer, Haryana State Pollution Control Board, Yamuna Nagar, in compliance of order dated 18.04.2024.
X X X X X • Detailed report of Plywood Industry:-
M/s Classic Plywood Industries, Village Damla, Yamuna Nagar:-The said unit is a plywood industry and engaged in the manufacturing of ply boards. The said unit was inspected by Sh V.S. Punia, Regional Officer, Yamunanagar Region on 25.07.2024 and found that the unit is not operational and lying closed at its own. · The Regional Officer, Yamunanagar Region has requested the O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 75 Head Office to prepare guidelines for the safe disposal of fly ash for plywood industries, in accordance with the Hon'ble NGT's orders dated 18.04.2024 in case O.A. No. 373/2022. The relevant communication, vide no. HSPCB/YR/2024/611 dated 28.06.2024, is attached as Annexure-R/4."
(b) Reply by Project Proponent " REPLY/OBJECTION ON BEHALF OF THE RESPONDENT AGAINST THE DETAILED REPORT FILED BY THE HARYANA STATE POLLUTION CONTROL BOARD
1. That by an order of this Tribunal dated 18.04.2024, HSPCB was directed to conduct an inspection and verify the factual compliance status qua all relevant aspects and to inform the Hon'ble Tribunal with the specific queries put to the HSPCB.
2. That the Respondent is Proprietorship established in 2001 and has been engaged in the plywood industry and is amongst those 28 industries which were named in the order.
3. That it is incorrectly stated in the report of HSPCB that Respondent is generating fly ash. As the fuel used is wood waste hence it generates only wood ash which is approx. 40 kg depending upon the type of wood waste. The wood ash generated in the process is taken away by the local and farmers for filling and levelling purpose. Hence, the wood ash is disposed accordingly.
4. That the wood ash generated is not used by the Respondent, hence the same is stored in gunning bags. The said bags are thereafter, taken away by locals and farmers after due verification by the Respondents. However, as the same is not a saleable product, separate/individual record is not kept of it's disposal to the locals.
5. That with respect to the nature and adequacy of plantation carried out it is submitted that the Respondents have planted abundant trees/plants in the premises. The HSPCB is not correct in submitting in the report that adequate plantation is not done
6. That so far as the NOC from the State Ground Water Authority is concerned, the Respondents have the NOC valid up to 14.12.2023 and the renewal of the same was applied before the expiry of the earlier NOC via Application No. HWRA/IND/R/2024/2728. However, the said application is pending disposal and there is no objection/defect notified in the said application.
7. That the Respondent is a manufacturing unit engaged in the present industry since past more than 23 years. The Respondent has always complied and followed each and every rule and law scrupulously. However, the Respondents states that in the event any further direction, if any is passed by this Tribunal, Respondent shall be obliged to follow the same as well. It is lastly submitted that considering the fact of compliance by the Respondent and the fact that Respondent is a source of livelihood to huge section of society who are directly and indirectly engaged with the Respondent, this Tribunal may be pleased to dismiss the O.A with heavy cost to the Applicant."
(xvii) O.A. No. 866/2024:-Sumit Sani Vs. M/s. Burma Boards & Ors.
"Action taken report on behalf of Regional Officer, Haryana State Pollution Control Board, Yamuna Nagar, in compliance O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 76 of order dated 18.04.2024.
X X X X • Detailed report of Plywood Industry:- M/s Burma Boards, Village & P.O. Damla, Yamuna Nagar:- The said unit is a plywood industry and engaged in the manufacturing of ply boards. The said unit was inspected by Sh. Shailender Arora, Regional Officer, Karnal, on 25.07.2024.
Sr. General Information of plywood's Remarks No.
1. Sources from which the raw material is procured Timber / Face Veneer (Popular/Eucalyptus):- Timber logs are being procured from Yamunanagar and Uttar Pradesh through local timber market.
Formaldehyde:- Being procured from local market.
2. Nature and quantity of fuel used Wood Waste is being used 10 tons/day
3. Quantum of fly ash generated and Boiler ash of 12 kg is being generated management and is stored in begs and then used for filling of law lying areas.
4. Management and disposal of fly ash Fly ash is being collected in bags but no generated record of ash generation and disposal is provided by the unit. Further the representative of the unit has submitted that the fly ash is being used by locals and farmers for filling and leveling purposes.
5. Nature and adequacy of Adequate plantation is not provided.
plantation carried out / required to be carried out in the premises / on the periphery / boundaries
6. Nature, number and adequacy of Unit has provided adequate Multi -
devices for prevention and cyclone collector as APCM. The said unit control of water and air does not generate any trade effluent. pollution installed /required Unit generates domestic effluent which is less than 10 KLD and which is being managed / disposed off through Septic Tank with Soak Pit within the premises.
O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 77
7. Whether there is any borewell and 01 no Borewell installed.
ground water is being extracted
8. Whether permission for the same has Ground water permission was valid upto been obtained from State Ground 27.08.2024, now unit applied for Water Authority renewal.
9. Whether there is any provision for Rain water harvesting under rain water harvesting. installation.
10. Whether there is discharge of any There is Nill discharge of any effluent effluent from industry. from the unit.
11. Whether is connected to any drain. Not connected with any drain.
"
(b) Reply by Project Proponent "REPLY/OBJECTION ON BEHALF OF THE RESPONDENT AGAINST THE DETAILED REPORT FILED BY THE HARYANA STATE POLLUTION CONTROL BOARD X X X X
2. That the Respondent is a Partnership established in 2003 and has been engaged in the plywood industry and is amongst those 28 industries which were named in the order.
3. That it is incorrectly stated in the report of HSPCB that Respondent is generating fly ash. As the fuel used is wood waste hence it generates only wood ash which is approx. 20-45 kg depending upon the type of wood waste. The wood ash generated in the process is taken away by the local and farmers for filling and levelling purpose. Hence, the wood ash is disposed accordingly.
4. That the wood ash generated is not used by the Respondent, hence the same is stored in gunning bags. The said bags are thereafter, taken away by locals and farmers after due verification by the Respondents. However, as the same is not a saleable product, separate/individual record is not kept of it's disposal to the locals.
5. That with respect to the nature and adequacy of plantation carried out it is submitted that the Respondents have planted abundant trees/plants in the premises. The HSPCB is not correct in submitting in the report that adequate plantation is not done A copy of set of photographs from the unit dated NIL is ANNEXURE R-1.
6. That so far as the NOC from the State Ground Water Authority is concerned, the Respondents have the NOC valid up to 08.09.2024 and the renewal of the same was applied before the expiry of the earlier NOC. However, the said application is pending disposal and there is no objection/defect notified in the said application.
7. That the Respondent is a manufacturing unit engaged in the present industry since past more than 21 years. The Respondent has always complied and followed each and every rule and law scrupulously. However, the Respondents states that in the event any further direction, if any is passed by this Tribunal, Respondent shall be obliged to follow the same as well. It is lastly submitted that considering the fact of compliance by the Respondent and the fact O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 78 that Respondent is a source of livelihood to huge section of society who are directly and indirectly engaged with the Respondent, this Tribunal may be pleased to dismiss the O.A with heavy cost to the Applicant."
(xviii) O.A. No. 867/2024:-Sumit Sani Vs. M/s. Metro Plywood Pvt. Ltd. & Ors.
(a) Action taken report filed by HSPCB "Action taken report on behalf of Regional Officer, Haryana State Pollution Control Board, Yamuna Nagar, in compliance of order dated 18.04.2024.
X X X X • Detailed report of Plywood Industry:-
M/s Metro Plywood Pvt. Ltd., VPO Damla, Yamuna Nagar:- The said unit is a plywood industry and engaged in the manufacturing of ply boards. The said unit was inspected by Sh. Nitin Mehta, Regional Officer, Kurukshetra on 25.07.2024.
Sr. General Information of plywood's Remarks No.
1. Sources from which the raw material is procured Timber / Face Veneer (Popular/Eucalyptus):- Timber logs are being procured from Yamunanagar and Uttar Pradesh through local timber market.
Formaldehyde:- Being procured from local market.
2. Nature and quantity of fuel used Wood Waste is being used 3 tons/day
3. Quantum of fly ash generated and Average 40Kg/Day approx of fly ash is management being generated.
4. Management and disposal of fly ash Fly ash is being collected in bags but no generated record of ash generation and disposal is provided by the unit. Further the representative of the unit has submitted that the fly ash is being used by locals and farmers for filling and leveling purposes.
5. Nature and adequacy of Adequate plantation is not provided.
plantation carried out / required to be carried out in the premises / on the periphery / boundaries O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 79
6. Nature, number and adequacy of Unit has provided adequate Multi -
devices for prevention and cyclone collector as APCM. The said unit control of water and air does not generate any trade effluent. pollution installed /required Unit generates domestic effluent which is less than 10 KLD and which is being managed / disposed off through Septic Tank with Soak Pit within the premises.
7. Whether there is any borewell and 01 no Borewell installed.
ground water is being extracted
8. Whether permission for the same has Permission was valid upto 20.03.2024.
been obtained from State Ground Now, unit applied for renewal vide Water Authority application no. HWRA/IND/N/ 2022/4088.
9. Whether there is any provision for 01 no rain water harvesting system rain water harvesting. provided by the unit.
10. Whether there is discharge of any There is Nill discharge of any effluent effluent from industry. from the unit.
11. Whether is connected to any drain. Not connected with any drain.
"
(b) Reply by Project Proponent "REPLY/OBJECTION ON BEHALF OF THE RESPONDENT AGAINST THE DETAILED REPORT FILED BY THE HARYANA STATE POLLUTION CONTROL BOARD X X X X X
2. That the Respondent is a Private Limited Company established in the year 2000 and has been engaged in the plywood industry and is amongst those 28 industries which were named in the order.
3. That it is incorrectly stated in the report of HSPCB that Respondent is generating fly ash. As the fuel used is wood waste hence it generates only wood ash which is approx. 40 kg depending upon the type of wood waste. The wood ash generated in the process is taken away by the local and farmers for filling and levelling purpose. Hence, the wood ash is disposed accordingly.
4. That the wood ash generated is not used by the Respondent, hence the same is stored in gunning bags. The said bags are thereafter, taken away by locals and farmers after due verification by the Respondents. However, as the same is not a saleable product, separate/individual record is not kept of it's disposal to the locals. A copy of photograph of the gunning bags dated NIL is ANNEXURE R-
1.
5. That with respect to the nature and adequacy of plantation carried out it is submitted that the Respondents have planted abundant trees/plants in the premises. The HSPCB is not correct in submitting in the report that adequate plantation is not done A copy O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 80 of set of photographs from the unit dated NIL is ANNEXURE R-2.
6. That regarding the NOC from the State Ground Water Authority, the Respondents had a valid NOC upto20.03.2024 and before the expiry of the same the Respondent has already applied for its renewal however, the same is pending disposal at the end of the Haryana Ground Water Department but no objection/defect is notified in the said application till date.
7. That may be pertinent to mention that Respondent is a manufacturing unit engaged in the present industry since past more than 24 years. The Respondent has always complied and followed each and every rule and law scrupulously. However, the Respondents states that in the event any further direction, if any is passed by this Tribunal, Respondent shall be obliged to follow the same as well. It is lastly submitted that considering the fact of compliance by the Respondent and the fact that Respondent is a source of livelihood to huge section of society who are directly and indirectly engaged with the Respondent, this Tribunal may be pleased to dismiss the O.A with heavy cost to the Applicant."
(xxi) O.A. No. 868/2024:- :-Sumit Sani Vs. M/s. Alloy Steel and Castings & Ors.
(a) Action taken report filed by HSPCB "Action taken report on behalf of Regional Officer, Haryana State Pollution Control Board, Yamuna Nagar, in compliance of order dated 18.04.2024.
X X X X • Detailed report of Plywood Industry:-
M/s Alloy Steel and Castings, Vill and PO Damla:-The said unit is a plywood industry and engaged in the manufacturing of ply boards. The said unit was inspected by Sh V.S. Punia, Regional Officer, Yamunanagar Region on dated 25.07.2024.
Sr. General Information of plywood's Remarks No.
1. Sources from which the raw material is procured Timber / Face Veneer (Popular/Eucalyptus):- Timber logs are being procured from Yamunanagar and Uttar Pradesh through local timber market.
Formaldehyde:- Being procured from local market.
2. Nature and quantity of fuel used 2000 Kg day of wood waste is used as fuel.
3. Quantum of fly ash generated and Average 35Kg/day approx of fly ash is management being generated O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 81
4. Management and disposal of fly ash Fly ash is being collected in bags but no generated record of ash generation and disposal is provided by the unit. Further the representative of the unit has submitted that the fly ash is being used by locals and farmers for filling and leveling purposes.
5. Nature and adequacy of Adequate plantation is not provided.
plantation carried out / required to be carried out in the premises / on the periphery / boundaries
6. Nature, number and adequacy of Unit has provided adequate Multi -
devices for prevention and cyclone collector as APCM. The said unit control of water and air does not generate any trade effluent. pollution installed /required Unit generates domestic effluent which is less than 10 KLD and which is being managed / disposed off through Septic Tank with Soak Pit within the premises.
7. Whether there is any borewell and 01 no Borewell installed.
ground water is being extracted
8. Whether permission for the same has The unit has applied for ground water been obtained from State Ground permission, application approved, Water Authority waiting for fees challan and thereafter NOC.
9. Whether there is any provision for 01 no rain water harvesting system rain water harvesting. provided by the unit.
10. Whether there is discharge of any There is Nill discharge of any effluent effluent from industry. from the unit.
11. Whether is connected to any drain. Not connected with any drain.
"
(b) Reply by Project Proponent "REPLY/OBJECTION ON BEHALF OF THE RESPONDENT AGAINST THE DETAILED REPORT FILED BY THE HARYANA STATE POLLUTION CONTROL BOARD X X X X
2. That the Respondent is a Partnership established in the year 2002 and has been engaged in the plywood industry and is amongst those 28 industries which were named in the order.
3. That it is incorrectly stated in the report of HSPCB that Respondent is generating fly ash. As the fuel used is wood waste hence it generates only wood ash which is approx. 20-35 kg O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 82 depending upon the type of wood waste. The wood ash generated in the process is taken away by the local and farmers for filling and levelling purpose. Hence, the wood ash is disposed accordingly.
4. That the wood ash generated is not used by the Respondent, hence the same is stored in gunning bags. The said bags are thereafter, taken away by locals and farmers after due verification by the Respondents. However, as the same is not a saleable product, separate/individual record is not kept of it's disposal to the locals.
5. That with respect to the nature and adequacy of plantation carried out it is submitted that the Respondents have planted abundant trees/plants in the premises. The HSPCB is not correct in submitting in the report that adequate plantation is not done
6. That regarding the NOC from the State Ground Water Authority, the Respondents had a valid NOC and before the expiry of the same the Respondent has already applied for its renewal however, the same is pending disposal at the end of the Haryana Ground Water Department but no objection/defect is notified in the said application till date. A copy of the Application for renewal of NOC dated NIL is ANNEXURE 1
7. That may be pertinent to mention that Respondent is a manufacturing unit engaged in the present industry since past more than 22 years. The Respondent has always complied and followed each and every rule and law scrupulously. However, the Respondents states that in the event any further direction, if any is passed by this Tribunal, Respondent shall be obliged to follow the same as well. It is lastly submitted that considering the fact of compliance by the Respondent and the fact that Respondent is a source of livelihood to huge section of society who are directly and indirectly engaged with the Respondent, this Tribunal may be pleased to dismiss the O.A with heavy cost to the Applicant."
(XX) O.A. No. 869/2024:-Sumit Sani Vs. M/s. Vidhata Plywood Industries & Ors.
(a) Action taken report filed by HSPCB "Action taken report on behalf of Regional Officer, Haryana State Pollution Control Board, Yamuna Nagar, in compliance of order dated 18.04.2024.
X X X X • Detailed report of Plywood Industry:-
M/s Vidhata Plywood Industries, VPO Damla (Kamboj Majra), Yamuna Nagar:- The said unit is a plywood industry and engaged in the manufacturing of ply boards. The said unit was inspected by Sh V.S. Punia, Regional Officer, Yamunanagar Region on 25.07.2024.
Sr. General Information of plywood's Remarks No.
1. Sources from which the raw material is procured Timber / Face Veneer (Popular/Eucalyptus):- Timber logs are being procured from Yamunanagar and Uttar Pradesh through local timber market.
Formaldehyde:- Being procured from local market.
O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 83
2. Nature and quantity of fuel used Wood Waste(2000 Kg/Day)
3. Quantum of fly ash generated and Average 40Kg/day approx of fly ash is management being generated
4. Management and disposal of fly ash Fly ash is being collected in bags but no generated record of ash generation and disposal is provided by the unit. Further the representative of the unit has submitted that the fly ash is being used by locals and farmers for filling and leveling purposes.
5. Nature and adequacy of Adequate plantation is not provided.
plantation carried out / required to be carried out in the premises / on the periphery / boundaries
6. Nature, number and adequacy of Unit has provided adequate Multi -
devices for prevention and cyclone collector as APCM. The said unit control of water and air does not generate any trade effluent. pollution installed /required Unit generates domestic effluent which is less than 10 KLD and which is being managed / disposed off through Septic Tank with Soak Pit within the premises.
7. Whether there is any borewell and 01 no Borewell installed.
ground water is being extracted
8. Whether permission for the same has The permission was valid upto been obtained from State Ground 06.09.2023. Now, unit applied for Water Authority renewal.
9. Whether there is any provision for 01 no rain water harvesting system rain water harvesting. provided by the unit.
10. Whether there is discharge of any There is Nill discharge of any effluent effluent from industry. from the unit.
11. Whether unit is connected to any Not connected with any drain.
drain.
"
(b) Reply by Project Proponent "REPLY/OBJECTION ON BEHALF OF THE RESPONDENT AGAINST THE DETAILED REPORT FILED BY THE HARYANA O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 84 STATE POLLUTION CONTROL BOARD X X X X
2. That the Respondent is a Partnership established in the year 2017 and has been engaged in the plywood industry and is amongst those 28 industries which were named in the order.
3. That it is incorrectly stated in the report of HSPCB that Respondent is generating fly ash. As the fuel used is wood waste hence it generates only wood ash which is approx. 40 kg depending upon the type of wood waste. The wood ash generated in the process is taken away by the local and farmers for filling and levelling purpose. Hence, the wood ash is disposed accordingly.
4. That the wood ash generated is not used by the Respondent, hence the same is stored in gunning bags. The said bags are thereafter, taken away by locals and farmers after due verification by the Respondents. However, as the same is not a saleable product, separate/individual record is not kept of it's disposal to the locals.
5. That regarding the NOC from the State Ground Water Authority, the Respondents had a valid NOC upto06.09.2023 and before the expiry of the same the Respondent has already applied for its renewal via Application No. HWRA/IND/R/2023/1262, however, the same is pending disposal at the end of the Haryana Ground Water Department but no objection/defect is notified in the said application till date.
6. That may be pertinent to mention that Respondent is a manufacturing unit engaged in the present industry since past more than 7 years. The Respondent has always complied and followed each and every rule and law scrupulously. However, the Respondents states that in the event any further direction, if any is passed by this Tribunal, Respondent shall be obliged to follow the same as well. It is lastly submitted that considering the fact of compliance by the Respondent and the fact that Respondent is a source of livelihood to huge section of society who are directly and indirectly engaged with the Respondent, this Tribunal may be pleased to dismiss the O.A with heavy cost to the Applicant."
(xxi) O.A. No. 870/2024:-Sumit Sani Vs. M/s. Suryodaya Wood Products & Ors.
(a) Action taken report filed by HSPCB "Action taken report on behalf of Regional Officer, Haryana State Pollution Control Board, Yamuna Nagar, in compliance of order dated 18.04.2024.
X X X X X • Detailed report of Plywood Industry:-
M/s Suryodaya Wood Products, Village and Post Office Damla, Yamuna Nagar:- The said unit is a plywood industry and engaged in the manufacturing of ply boards. The said unit was inspected by Sh V.S. Punia, Regional Officer, Yamunanagar Region on 25.07.2024.
Sr. General Information of plywood's Remarks No. O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 85
1. Sources from which the raw material is procured Timber / Face Veneer (Popular/Eucalyptus):- Timber logs are being procured from Yamunanagar and Uttar Pradesh through local timber market.
Formaldehyde:- Being procured from local market.
2. Nature and quantity of fuel used Wood waste- 5 ton/ Day
3. Quantum of fly ash generated and Average 40Kg/day approx of fly ash is management being generated
4. Management and disposal of fly ash Fly ash is being collected in bags but no generated record of ash generation and disposal is provided by the unit. Further the representative of the unit has submitted that the fly ash is being used by locals and farmers for filling and leveling purposes.
5. Nature and adequacy of Adequate plantation is not provided.
plantation carried out / required to be carried out in the premises / on the periphery / boundaries
6. Nature, number and adequacy of Unit has provided adequate Multi -
devices for prevention and cyclone collector as APCM. The said unit control of water and air does not generate any trade effluent. pollution installed /required Unit generates domestic effluent which is less than 10 KLD and which is being managed / disposed off through Septic Tank with Soak Pit within the premises.
7. Whether there is any borewell and 01 no Borewell installed.
ground water is being extracted
8. Whether permission for the same has NOC was valid upto 28.07.202. Now, been obtained from State Ground applied for renewal on 30.05.2024. Water Authority O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 86
9. Whether there is any provision for 01 no rain water harvesting system rain water harvesting. provided by the unit.
10. Whether there is discharge of any There is Nill discharge of any effluent effluent from industry. from the unit.
11. Whether unit is connected to any Not connected with any drain.
drain.
"
(b) Reply by Project Proponent "REPLY/OBJECTION ON BEHALF OF THE RESPONDENT AGAINST THE DETAILED REPORT FILED BY THE HARYANA STATE POLLUTION CONTROL BOARD X X X X
2. That the Respondent is a Partnership established in the year 2002 and has been engaged in the plywood industry and is amongst those 28 industries which were named in the order.
3. That it is incorrectly stated in the report of HSPCB that Respondent is generating fly ash. As the fuel used is wood waste hence it generates only wood ash which is approx. 40 kg depending upon the type of wood waste. The wood ash generated in the process is taken away by the local and farmers for filling and levelling purpose. Hence, the wood ash is disposed accordingly.
4. That the wood ash generated is not used by the Respondent, hence the same is stored in gunning bags. The said bags are thereafter, taken away by locals and farmers after due verification by the Respondents. However, as the same is not a saleable product, separate/individual record is not kept of it's disposal to the locals.
5. That with respect to the nature and adequacy of plantation carried out it is submitted that the Respondents have planted abundant trees/plants in the premises. The HSPCB is not correct in submitting in the report that adequate plantation is not done A copy of set of photographs from the unit dated NIL is ANNEXURE R-1.
6. That regarding the NOC from the State Ground Water Authority, the Respondents had a valid NOC upto 28.07.2024 and before the expiry of the same the Respondent has already applied for its renewal on 30.05.2024 however, the same is pending disposal at the end of the Haryana Ground Water Department but no objection/defect is notified in the said application till date.
7. That it is further submitted that there are 2 rain water harvesting systems installed in the said unit and are in regular use during rain. The report of the HSPCB has incorrectly stated that there is only 1 rain water harvesting system. A true copy of photographs of two Rain water harvesting systems in the unit dated NIL is ANNEXURE R-2.
O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 87
8. That may be pertinent to mention that Respondent is a manufacturing unit engaged in the present industry since past more than 22 years. The Respondent has always complied and followed each and every rule and law scrupulously. However, the Respondents states that in the event any further direction, any is passed by this Tribunal, Respondent shall be obliged to follow the same as well. It is lastly submitted that considering the fact of compliance by the Respondent and the fact that Respondent is a source of livelihood to huge section of society who are directly and indirectly engaged with the Respondent, this Tribunal may be pleased to dismiss the O.A with heavy cost to the Applicant."
(xxii) O.A. No. 871/2024:-Sumit Sani Vs. M/s. Aggarwal Plywood Industries & Ors.
(a) Action taken report filed by HSPCB "Action taken report on behalf of Regional Officer, Haryana State Pollution Control Board, Yamuna Nagar, in compliance of order dated 18.04.2024.
X X X X • Detailed report of Plywood Industry:-
M/s Aggarwal Plywood Industries, Village Kunjal Damla Yamuna Nagar:- The said unit is a plywood industry and engaged in the manufacturing of ply boards. The said unit has inspected by Sh V.S. Punia, Regional Officer, Yamuna Nagar Region on dated 25.07.2024.
Sr. General Information of plywood's Remarks No.
1. Sources from which the raw material is procured Timber / Face Veneer (Popular/Eucalyptus):- Timber logs are being procured from Yamunanagar and Uttar Pradesh through local timber market.
Formaldehyde:- Being procured from local market.
2. Nature and quantity of fuel used Wood waste quantity 3000 kg/day is being used as fuel in boiler section.
3. Quantum of fly ash generated and Average 40Kg/day approx of fly ash is management being generated
4. Management and disposal of fly ash Fly ash is being collected in bags but no generated record of ash generation and disposal is provided by the unit. Further the representative of the unit has submitted that the fly ash is being used by locals and farmers for filling and leveling purposes.
O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 88
5. Nature and adequacy of Plantation is done on plantation carried out / required to be periphery/boundaries of the unit but carried out in the premises / on the adequate plantation is not provided.. periphery / boundaries
6. Nature, number and adequacy of Unit has provided adequate Multi -
devices for prevention and cyclone collector as APCM. The said unit control of water and air does not generate any trade effluent. pollution installed /required Unit generates domestic effluent which is less than 10 KLD and which is being managed / disposed off through Septic Tank with Soak Pit within the premises.
7. Whether there is any borewell and 01 no Borewell installed.
ground water is being extracted
8. Whether permission for the same has The unit has applied for ground water been obtained from State Ground permission, application approved Water Authority waiting for fees challan and thereafter NOC.
9. Whether there is any provision for 01 no rain water harvesting system rain water harvesting. provided by the unit.
10. Whether there is discharge of any There is Nill discharge of any effluent effluent from industry. from the unit.
11. Whether unit is connected to any Not connected with any drain.
drain.
"
(b) Reply by Project Proponent " REPLY/OBJECTION ON BEHALF OF THE RESPONDENT AGAINST THE DETAILED REPORT FILED BY THE HARYANA STATE POLLUTION CONTROL BOARD X X X X
2. That the Respondent is a Partnership established in the year 2011 and has been engaged in the plywood industry and is amongst those 28 industries which were named in the order.
3. That it is incorrectly stated in the report of HSPCB that Respondent is generating fly ash. As the fuel used is wood waste hence it generates only wood ash which is approx. 40 kg depending upon the type of wood waste. The wood ash generated in the process is taken away by the local and farmers for filling and levelling purpose. Hence, the wood ash is disposed accordingly.
4. That the wood ash generated is not used by the Respondent, O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 89 hence the same is stored in gunning bags. The said bags are thereafter, taken away by locals and farmers after due verification by the Respondents. However, as the same is not a saleable product, separate/individual record is not kept of it's disposal to the locals.
5. That in the report, the HSPCB alleges, with respect to the management and disposal of fly ash generated, that fly ash is being collected in bags but no record of ash generation and disposal is provided by the unit. Further, the representative of the unit has submitted that the fly ash is being used by locals and farmers or filing and levelling purposes. Upon this it is pertinent to mention that no fly ash is being generated and it is only wood ash that is being generated. Also, the said ash is being given to contractors who further utilize it for filling of construction sites.
6. That with respect to the nature and adequacy of plantation carried out it is submitted that the Respondents have planted abundant trees/plants in the premises. The HSPCB is not correct in submitting in the report that adequate plantation is not done
7. That it is further submitted that there are rain water harvesting systems installed in the said unit and are in regular use during rain. The report of the HSPCB has also stated that there is a rain water harvesting system.
8. That so far as the NOC from the State Ground Water Authority is concerned, the Respondents have the NOC and the renewal of the same was applied for.
However, the said application is pending disposal and there is no objection/defect notified in the said application. A true copy of application for renewal of NOC dated NIL is ANNEXURE R-3 1
9. That it may be pertinent to mention that the Respondent is a manufacturing unit engaged in the present industry since past more than 13 years. The Respondent has always complied and followed each and every rule and law scrupulously. However, the Respondents states that in the event any further direction, if any is passed by this Tribunal, Respondent shall be obliged to follow the same as well. It is lastly submitted that considering the fact of compliance by the Respondent and the fact that Respondent is a source of livelihood to huge section of society who are directly and indirectly engaged with the Respondent, this Tribunal may be pleased to dismiss the O.A with heavy cost to the Applicant."
(xxiii) O.A. No. 872/2024:-Sumit Sani Vs. M/s. Jagdamba Dwellings Pvt. Ltd. & Ors.
(a) Action taken report filed by HSPCB "Action taken report on behalf of Regional Officer, Haryana State Pollution Control Board, Yamuna Nagar, in compliance of order dated 18.04.2024.
X X X X X • Detailed report of Plywood Industry:-
M/s Jagdamba Dwellings Pvt. Ltd., Village Hafizpur, Delhi O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 90 Road, Damla, Yamuna Nagar:- The said unit is a plywood industry and engaged in the manufacturing of ply boards. The said unit was inspected by Sh. Sudhir Mohan, Regional Officer, Panchkula on 25.07.2024.
Sr. General Information of plywood's Remarks No.
1. Sources from which the raw material is procured Timber / Face Veneer (Popular/Eucalyptus):- Timber logs are being procured from Yamunanagar and Uttar Pradesh through local timber market.
Formaldehyde:- Being procured from local market.
2. Nature and quantity of fuel used Wood Waste is being used 4 tons/day.
3. Quantum of fly ash generated and No detail provided.
management
4. Management and disposal of fly ash Not made any arrangement but selling generated to farmers
5. Nature and adequacy of Adequate plantation is not provided.
plantation carried out / required to be carried out in the premises / on the periphery / boundaries
6. Nature, number and adequacy of Unit has provided adequate Multi -
devices for prevention and cyclone collector as APCM. The said unit control of water and air does not generate any trade effluent. pollution installed /required Unit generates domestic effluent which is less than 10 KLD and which is being managed / disposed off through Septic Tank with Soak Pit within the premises.
7. Whether there is any borewell and 01 no Borewell installed.
ground water is being extracted
8. Whether permission for the same has The permission was valid upto been obtained from State Ground 14.12.2023, now unit applied for Water Authority renewal.
9. Whether there is any provision for 01 no rain water harvesting system rain water harvesting. provided by the unit.
10. Whether there is discharge of any There is Nill discharge of any effluent effluent from industry. from the unit.
O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 91
11. Whether unit is connected to any Not connected with any drain.
drain.
"
(b) Reply by Project Proponent "REPLY/OBJECTION ON BEHALF OF THE RESPONDENT AGAINST THE DETAILED REPORT FILED BY THE HARYANA STATE POLLUTION CONTROL BOARD X X X X
2. That the Respondent is a Private Limited Company established in the year 2015 and has been engaged in the plywood industry and is amongst those 28 industries which were named in the order.
3. That it is incorrectly stated in the report of HSPCB that Respondent is generating fly ash. As the fuel used is wood waste hence it generates only wood ash which is approx. 20¬45 kg depending upon the type of wood waste. The wood ash generated in the process is taken away by the local and farmers for filling and levelling purpose. Hence, the wood ash is disposed accordingly.
4. That the wood ash generated is not used by the Respondent, hence the same is stored in gunning bags. The said bags are thereafter, taken away by locals and farmers after due verification by the Respondents. However, as the same is not a saleable product, separate/individual record is not kept of it's disposal to the locals.
5. That in the report, the HSPCB alleges, with respect to the management and disposal of fly ash generated, that fly ash is being collected in bags but no record of ash generation and disposal is provided by the unit. Further, the representative of the unit has submitted that the fly ash is being used by locals and farmers for filling their plots. Upon this it is pertinent to mention that no fly ash is being generated and it is only wood ash that is being generated. Also, it is pertinent to note that the said ash is being collected in bags and is used by locals and farmers in their plants.
6. That with respect to the nature and adequacy of plantation carried out it is submitted that the Respondents have planted abundant trees/plants in the premises. The HSPCB is not correct in submitting in the report that adequate plantation is not done
7. That so far as the NOC from the State Ground Water Authority is concerned, the Respondents have the NOC valid up to 14.12.2023 and the renewal of the same has already been applied for. However, the said application is pending disposal and there is no objection/defect notified in the said application. That it may be pertinent to mention that the Respondent is a manufacturing unit engaged in the present industry since past more than 9 years. The Respondent has always complied and followed each and every rule and law scrupulously. However, the Respondents states that in the event any further direction, if any is passed by this Tribunal, Respondent shall be obliged to follow the same as well. It is lastly submitted that considering the fact of compliance by the Respondent and the fact that Respondent is a source of livelihood to huge section of society who are directly and indirectly engaged with the Respondent, this Tribunal may be pleased to dismiss the O.A with heavy cost to the Applicant."
(xxiii) O.A. No. 873/2024:- :-Sumit Sani Vs. M/s. Best Panel Industries & Ors.
(a) Action taken report filed by HSPCB O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 92 "Action taken report on behalf of Regional Officer, Haryana State Pollution Control Board, Yamuna Nagar, in compliance of order dated 18.04.2024.
X X X X • Detailed report of Plywood Industry:-
M/s Best Panel Industries, Village Hafizpur, Tehsil Mustafabad, Distt. Yamuna Nagar:- The said unit is a plywood industry and engaged in the manufacturing of ply boards. The said unit was inspected by Sh V.S. Punia, Regional Officer, Yamunanagar Region on 25.07.2024.
Sr. General Information of plywood's Remarks No.
1. Sources from which the raw material is procured Timber / Face Veneer (Popular/Eucalyptus):- Timber logs are being procured from Yamunanagar and Uttar Pradesh through local timber market.
Formaldehyde:- Being procured from local market.
2. Nature and quantity of fuel used Wood Waste is being used 10 tons/day(3.5 ton)
3. Quantum of fly ash generated and Average 45Kg/Day approx of fly ash is management being generated.
4. Management and disposal of fly ash Fly ash is being collected in bags but no generated record of ash generation and disposal is provided by the unit. Further the representative of the unit has submitted that the fly ash is being used by locals and farmers for filling and leveling purposes.
5. Nature and adequacy of Plantation is done on plantation carried out / required to be periphery/boundaries of the unit but carried out in the premises / on the adequate plantation is not provided. periphery / boundaries O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 93
6. Nature, number and adequacy of Unit has provided adequate Multi -
devices for prevention and cyclone collector as APCM. The said unit control of water and air does not generate any trade effluent. pollution installed /required Unit generates domestic effluent which is less than 10 KLD and which is being managed / disposed off through Septic Tank with Soak Pit within the premises.
7. Whether there is any borewell and 01 no Borewell installed.
ground water is being extracted
8. Whether permission for the same has Ground water permission was valid upto been obtained from State Ground 01.04.2024, now unit applied for Water Authority renewal.
9. Whether there is any provision for 01 no rain water harvesting system rain water harvesting. provided by the unit.
10. Whether there is discharge of any There is Nill discharge of any effluent effluent from industry. from the unit.
11. Whether unit is connected to any Not connected with any drain.
drain.
"
(b) Reply by Project Proponent "REPLY/OBJECTION ON BEHALF OF THE RESPONDENT AGAINST THE DETAILED REPORT FILED BY THE HARYANA STATE POLLUTION CONTROL BOARD X X X X
2. That the Respondent is a Partnership established in the year 2017-18 and has been engaged in the plywood industry and is amongst those 28 industries which were named in the order.
3. That it is incorrectly stated in the report of HSPCB that Respondent is generating fly ash. As the fuel used is wood waste hence it generates only wood ash which is approx. 20¬45 kg depending upon the type of wood waste. The wood ash generated in the process is taken away by the local and farmers for filling and levelling purpose. Hence, the wood ash is disposed accordingly.
4. That as the wood ash generated is not usable by the Respondent herein, the same is stored in gunning bags said bags are thereafter, taken away by locals and farmers after due verification by the Respondents. However, as the same is not a separate product, separate/individual record is not kept of it's disposal to the locals.
5. That with respect to the nature and adequacy of plantation carried out it is submitted that the Respondents have planted abundant trees/plants in the premises. The HSPCB is not correct in submitting in the report that adequate plantation is not done A copy of set of photographs from the unit dated NIL is ANNEXURE R-1.
6. That so far as the NOC from the State Ground Water Authority is O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 94 concerned, the Respondents have the NOC valid up to 01.04.2024 and the renewal of the same was applied before the expiry of the earlier NOC. However, the said application is pending disposal and there is no objection/defect notified in the said application.
7. That it may be pertinent to mention that the Respondent is a manufacturing unit engaged in the present industry since past more than 6 years. The Respondent has always complied and followed each and every rule and law scrupulously. However, the Respondents states that in the event any further direction, if any is passed by this Tribunal, Respondent shall be obliged to follow the same as well. It is lastly submitted that considering the fact of compliance by the Respondent and the fact that Respondent is a source of livelihood to huge section of society who are directly and indirectly engaged with the Respondent, this Tribunal may be pleased to dismiss the O.A with heavy cost to the Applicant."
(xxiv) O.A. No. 874/2024:-Sumit Sani Vs. M/s. Krishna Panels & Ors.
(a) Action taken report filed by HSPCB "Action taken report on behalf of Regional Officer, Haryana State Pollution Control Board, Yamuna Nagar, in compliance of order dated 18.04.2024.
X X X X • Detailed report of Plywood Industry:-
M/s Krishna Panels, Village Kunjal Janttan, Tehsil Radaur, Yamuna Nagar:- The said unit is a plywood industry and engaged in the manufacturing of ply boards. The said unit was inspected by Sh. Sudhir Mohan, Regional Officer, Panchkula on 25.07.2024.
Sr. General Information of plywood's Remarks No.
1. Sources from which the raw material is procured Timber / Face Veneer (Popular/Eucalyptus):- Timber logs are being procured from Yamunanagar and Uttar Pradesh through local timber market.
Formaldehyde:- Being procured from local market.
2. Nature and quantity of fuel used Wood Waste is being used 5 tons/day.
3. Quantum of fly ash generated and 100Kg/day and sell to construction site management O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 95
4. Management and disposal of fly ash Fly ash is being collected in bags but no generated record of ash generation and disposal is provided by the unit. Further the representative of the unit has submitted that the fly ash is being used by locals and farmers for filling and leveling purposes.
5. Nature and adequacy of Plantation of Popular, Pine, Mango is plantation carried out / required to be done on periphery/boundaries of the carried out in the premises / on the unit but adequate plantation is not periphery / boundaries provided.
6. Nature, number and adequacy of Unit has provided adequate Multi -
devices for prevention and cyclone collector as APCM. The said unit control of water and air does not generate any trade effluent. pollution installed /required Unit generates domestic effluent which is less than 10 KLD and which is being managed / disposed off through Septic Tank with Soak Pit within the premises.
7. Whether there is any borewell and 01 no Borewell installed.
ground water is being extracted
8. Whether permission for the same has Permission is valid upto 30.08.2024, unit been obtained from State Ground further applied for renewal on Water Authority 24.06.2024.
9. Whether there is any provision for Rain water harvesting under rain water harvesting. installation.
10. Whether there is discharge of any There is Nill discharge of any effluent effluent from industry. from the unit.
11. Whether unit is connected to any Not connected with any drain.
drain.
"
(b) Reply by Project Proponent "REPLY/OBJECTION ON BEHALF OF THE RESPONDENT AGAINST THE DETAILED REPORT FILED BY THE HARYANA STATE POLLUTION CONTROL BOARD X X X X
2. That the Respondent is a Partnership established in the year 2020 and has been engaged in the plywood industry and is amongst those 28 industries which were named in the order.
3. That it is incorrectly stated in the report of HSPCB that Respondent is generating fly ash. As the fuel used is wood waste hence it generates only wood ash which is approx. 100 kg depending O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 96 upon the type of wood waste. The wood ash generated is not used by the Respondent, hence the same is stored in gunning bags. The said bags are thereafter, taken away by locals and farmers after due verification by the Respondents. However, as the same is not a saleable product, separate/individual record is not kept of it's disposal to the locals. The wood ash generated in the process is taken away and given to contractors who further use it for filling of construction site only. Hence, the wood ash is disposed accordingly. A copy of certificate dated 08.07.2024 is ANNEXURE R-1.
4. That with respect to the question of nature and adequacy of plantation carried out, it is submitted that the Respondents have planted approximately about 1250 trees and about 700 plants premises but as the said unit of the Respondents was established in the year 2020, the trees and plants so planted are small in size. A copy of set of photographs from the unit dated NIL is ANNEXURE R-
2.
5. That so far as the NOC from the State Ground Water Authority is concerned, the Respondents have the NOC valid up to 30.08.2024 and the renewal of the same was applied on 24.06.2024 which is much before the expiry of the earlier NOC. However, the said application is pending disposal and there is no objection/defect notified in the said application.
6. That it is further submitted that there are 8 rain water harvesting systems installed in the said unit and are in regular use during rain. The report of the HSPCB has incorrectly stated that the rain water harvesting system is under installation. A true copy of photographs of Rain water harvesting systems in the unit dated NIL is ANNEXURE R-3.
7. That it may be pertinent to mention that the Respondent is a manufacturing unit engaged in the present industry since past more than 4 years. The Respondent has always complied and followed each and every rule and law scrupulously. However, the Respondents states that in the event any further direction, if any is passed by this Tribunal, Respondent shall be obliged to follow the same as well. It is lastly submitted that considering the fact of compliance by the Respondent and the fact that Respondent is a source of livelihood to huge section of society who are directly and indirectly engaged with the Respondent, this Tribunal may be pleased to dismiss the O.A with heavy cost to the Applicant."
(xxv) O.A. No. 875/2024:-Sumit Sani Vs. M/s. Krishna Enterprises & Ors.
(a) Action taken report filed by HSPCB "Action taken report on behalf of Regional Officer, Haryana State Pollution Control Board, Yamuna Nagar, in compliance of order dated 18.04.2024.
X X X X • Detailed report of Plywood Industry:-
M/s Krishna Enterprises, Dudhla Road, Village Damla District Yamuna Nagar:- The said unit is a plywood industry and engaged in the manufacturing of ply boards. The said unit was inspected by Sh V.S. Punia, Regional Officer, Yamunanagar Region on 25.07.2024 and found that the unit is lying closed and sealed by the Bard. O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 97 · The Regional Officer, Yamunanagar Region has requested the Head Office to prepare guidelines for the safe disposal of fly ash for plywood industries, in accordance with the Hon'ble NGT's orders dated 18.04.2024 in case O.A. No. 373/2022. The relevant communication, vide no. HSPCB/YR/2024/611 dated 28.06.2024, is attached as Annexure-R/4."
(b) Reply by Project Proponent "REPLY/OBJECTION ON BEHALF OF THE RESPONDENT AGAINST THE DETAILED REPORT FILED BY THE HARYANA STATE POLLUTION CONTROL BOARD X X X X
2. That the Respondent is a Partnership established in the year 2013 and used to be engaged in the plywood industry but is amongst those 28 industries which were named in the order. It is humbly submitted that the said unit has been non¬operational since 01.12.2019, i.e., approximately 18 months before it got sealed by the authorities
3. That as per the said report, the Unit was inspected by Sh V.S Punia, Regional Officer, Yamunanagar Region on 25.07.2024 and he found that that the unit was lying closed and sealed by the Board. It is submitted that by Closure Order dated 19.08.2021 issued by the HSPCB, the said unit ceased to operate any further and hence have been sealed ever since. A copy of the Closure Order dated 19.08.2021 is ANNEXURE R-1.
4. That it is pertinent to submit that by the Compliance Report of Closure Order Passed Haryana State Pollution Control Board, Panchkula, it is certified that the said Closure Order has been duly complied with by the said Respondent, which further clarifies that the said unit is not functional and hence should not be roped in for any adverse action against the Respondent. A copy of the Compliance Report of Closure Order dated 24.08.2021 is ANNEXURE R-2.
5. That it may be pertinent to mention that the Respondent has always complied and followed each and every rule and law scrupulously. However, the Respondents states that in the event any further direction, if any is passed by this Tribunal, Respondent shall be obliged to follow the same as well. It is lastly submitted that the Respondents are not operational at the moment and requests that this Tribunal may be pleased to dismiss the O.A with heavy cost to the Applicant."
(xxvi) O.A. No. 876/2024:-Sumit Sani Vs. M/s. Shree Ram Steel Industries & Ors.
(a) Action taken report filed by HSPCB "Action taken report on behalf of Regional Officer, Haryana State Pollution Control Board, Yamuna Nagar, in compliance of order dated 18.04.2024.
X X X X • Detailed report of Plywood Industry:-
M/s Shree Ram Steel Industries, Village & P.O. Damla, Yamuna Nagar:- The said unit is a plywood industry and engaged in the manufacturing of ply boards. The unit was inspected by Sh. Nitin Mehta, Regional Officer, Kurukshetra on 25.07.2024. O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 98 Sr. General Information of plywood's Remarks No.
1. Sources from which the raw material is procured Timber / Face Veneer (Popular/Eucalyptus):- Timber logs are being procured from Yamunanagar and Uttar Pradesh through local timber market.
Formaldehyde:- Being procured from local market.
2. Nature and quantity of fuel used Wood chips and agrowaste of quantity 5000kg/day is used as fuel
3. Quantum of fly ash generated and Average 40Kg/Day approx of fly ash is management being generated
4. Management and disposal of fly ash Fly ash is being collected in bags but no generated record of ash generation and disposal is provided by the unit. Further the representative of the unit has submitted that the fly ash is being used by locals and farmers for filling and leveling purposes.
5. Nature and adequacy of Plantation is done on plantation carried out / required to be periphery/boundaries of the unit but carried out in the premises / on the adequate plantation is not provided. periphery / boundaries
6. Nature, number and adequacy of Unit has provided adequate Multi -
devices for prevention and cyclone collector as APCM. The said unit control of water and air does not generate any trade effluent. pollution installed /required Unit generates domestic effluent which is less than 10 KLD and which is being managed / disposed off through Septic Tank with Soak Pit within the premises.
7. Whether there is any borewell and 01 no Borewell installed.
ground water is being extracted
8. Whether permission for the same has HWRA permission was valid upto been obtained from State Ground 28.07.2024 and now, applied for Water Authority renewal.
9. Whether there is any provision for 01 no rain water harvesting system rain water harvesting. provided by the unit.
10. Whether there is discharge of any There is Nill discharge of any effluent effluent from industry. from the unit.
O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 99
11. Whether unit is connected to any Not connected with any drain.
drain.
"
(b) Reply by Project Proponent "REPLY/OBJECTION ON BEHALF OF THE RESPONDENT AGAINST THE DETAILED REPORT FILED BY THE HARYANA STATE POLLUTION CONTROL BOARD X X X X
2. That the Respondent is a Partnership established in the year 1997 and has been engaged in the plywood industry and is amongst those 28 industries which were named in the order.
3. That it is incorrectly stated in the report of HSPCB that Respondent is generating fly ash. As the fuel used is wood waste hence it generates only wood ash which is approx. 40 kg depending upon the type of wood waste. The wood ash generated in the process is taken away by the local and farmers for filling and levelling purpose. Hence, the wood ash is disposed accordingly.
4. That as the wood ash generated is not usable by the Respondent herein, the same is stored in gunning bags said bags are thereafter, taken away by locals and farmers after due verification by the Respondents. However, as the same is not a saleableproduct, separate/individual record is not kept of it's disposal to the locals.
5. That with respect to the nature and adequacy of plantation carried out it is submitted that the Respondents have planted abundant trees/plants in the premises. The HSPCB is not correct in submitting in the report that adequate plantation is not done A copy of set of photographs from the unit dated NIL is ANNEXURE R-1.
6. That so far as the NOC from the State Ground Water Authority is concerned, the Respondents have the NOC valid up to 27.08.2023 and the renewal of the same was applied before the expiry of the earlier NOC. However, the said application is pending disposal and there is no objection/defect notified in the said application.
7. That it may be pertinent to mention that the Respondent is a manufacturing unit engaged in the present industry since past more than 27 years. The Respondent has always complied and followed each and every rule and law scrupulously. However, the Respondents states that in the event any further direction, if any is passed by this Tribunal, Respondent shall be obliged to follow the same as well. It is lastly submitted that considering the fact of compliance by the Respondent and the fact that Respondent is a source of livelihood to huge section of society who are directly and indirectly engaged with the Respondent, this Tribunal may be pleased to dismiss the O.A with heavy cost to the Applicant."
32. We have heard submissions made by the applicant-Mr. Sumit Saini and Mr. Gaurav Agarwal and Mr. Sarthak Kalra, learned Counsel for Project Proponents impleaded as respondent no. 1 in O.A. No. 849 to 856/2024, 858 to 860/2024 and 862 to 876/2024 and Mr. Rahul Khurana, learned Counsel for respondents no. 2 to 5-State of Haryana, O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 100 HSPCB, SEIAA, Haryana and Deputy Commissioner, Yamuna Nagar in O.A. No. 849 to 876/2024 and we have gone through the material on record carefully.
33. In their submissions the applicant and learned Counsel for the respondents have reiterated their respective factual and legal submissions asserted in their respective application, reports and responses.
34. Before dealing with the substantial environmental questions raised by the applicant regarding air and water pollution caused by the Project Proponents, the relevant factual and legal aspects may be adverted to.
35. Plywood consists of veneers (thin wood layers or plies) bonded with an adhesive. Plywood can be made of various thicknesses by gluing as many veneer layers as required based on the thickness of veneer layer. The most common sizes of plywood in India are 4 feet wide and eight feet long and ¼ to ¾ inches thick.
36. The main raw material for the plywood industry is wood and adhesives. Various types of wood species are used for the manufacturing of plywood. Some of the most popular wood used is Eucalyptus, Poplar, Pine, Rubber, Silver oak and Teak. Adhesives play a key role in manufacturing the plywood. Most commonly used adhesives are Phenol formaldehyde, Urea formaldehyde and Melamine formaldehyde.
Manufacturing Process:
37. The manufacturing process of plywood comprises of the following steps:-
(i) Log Preparation: Logs are debarked to remove the outer bark, making the wood uniform and easier to process.
(ii) Cutting and Peeling (Veneer Production): The logs are cut and pilled O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 101 into thin sheets called veneers.
(iii) Drying: Veneers are dried using dryers which reduces moisture, usually around 5-10%
(iv) Layering: Veneers are arranged in layers, in perpendicular, which gives plywood its strength and stability.
(v) Gluing: Adhesive is applied to surface of veneers and are stacked. Most common adhesives used in plywood manufacturing are phenolic resin or urea-formaldehyde resin.
(vi) Pressing: Veneer layers, coated with adhesive, are placed into a hot press, where heat and pressure are applied to bond layers together. After pressing, plywood sheets are cooled to allow the adhesive to fully set and harden, stabilizing the product.
(vii) Trimming and Sizing: Pressed plywood sheets are trimmed to desired dimensions (e.g., 4x8 feet) and rough edges are smoothed.
(viii) Anti-termite treatment: Anti termite treatment of veneer is done to prevent termite and fungal attack on plywood. Borax and Boric acid are most commonly used anti termite agent. Veneers are dipped into hot solution of Borax or Boric acid for few minutes and then taken out.
(ix) Finishing: Plywood is subjected to additional treatments such as surface laminating, staining or coating for moisture resistance.
(x) Final Product: Final Products are packed and dispatched for commercial purpose.
Environmental and Health Impact of Plywood Industries1.
38. Ply wood industries have environmental impacts both on site at the 1
1. A study on the water quality of streams in the vicinity of Plywood Industries in Perumbavoor Kerala by Athira M. and Gigi. K. Joseph https://nirmalacollage.ac.in.
2. Industrial waste, Pollution and Environmental Quality Standards from Plywood Industry waste. Author S.C. Sahoo, Scientist, Indian Plywood Industries Research and Training Institute (IPIRTI) plyreporter.com. Health Impacts of Plywood Industries
3. Plywoodplainfacts.blogspot.com
4. Environmental issues plywoodplainfacts.blogspot.com O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 102 location of manufacturing and off site associated with harvesting of timber used as input for the plywood industry and transportation of wood to and transportation of finished products from the plywood industries.
39. Air, water and soil pollution are onsite environmental impacts of plywood industries and deforestation and consequent soil degradation are off site environmental impacts of plywood industry.
Air pollution from ply wood industry
40. Air pollution from ply wood industry comes from the following sources:
(i) Transport of raw wood and finished products
(ii) Fugitive emissions from process chemicals Formaldehyde etc. and fuels used in the boilers;
(iii) Particulate pollution from sawing of wood;
(iv) Process air pollution from drying of wood and application of glue; and
(v) Hydrocarbon and particulate pollution from generators.
(vi) The burning of wood waste and the manufacturing process release green house gases contributing to climate change.
Water pollution from plywood industry
41. Water pollution from plywood industry comes from the following sources:
(i) Soaking of timber and associated leaching of tannins and other organics;
(ii) Leaching from open storage of wood, barks and saw dust; and
(iii) Leakage and run off of process chemicals and diesel fuel.
O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 103 Water pollution from plywood industry can reach both surface water around the industry by runoff and ground water within the premises and outside by infiltration.
Soil Pollution from plywood industry
42. Soil contamination in ply wood industry is caused by the following sources:
(i) Leaching of organic substances from the storage of timber, bark and saw dust;
(ii) Run off and drainage from process chemicals and hydrocarbons.
(iii) Significant amount of solid waste such as log salvage, sand dust, offcuts and leftovers generated by plywood production.
43. Most acute of the soil pollution happens within the premises of the industry. However, in cases where the containment arrangements inside the industry are not sufficient, it could easily migrate outside the industrial area and reach soil in the neighbouring community impacting soil quality.
Noise Pollution from plywood industry
44. Following are key sources of noise pollution from the ply wood industry:
(i) Transport of raw wood and finished products;
(ii) Operation of the peeling machine; and
(iii) Operation of generators.
De-forestation
45. While plywood can be made from softwood harvested in a sustainable manner, this is not always the case and has been implicated as one of the O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 104 causes of deforestation. Higher demand of wood for manufacturing plywood needs more land to be put under commercial forestry exerting pressure on farmlands.
Health Impacts of Plywood Industries
46. The plywood industries use formaldehyde as a component of the glue. Formaldehyde is mixed with phenol or urea and few minor additives to form the glue. Workers involved in the mixing process have acute exposure to the chemicals. Workers involved in spraying of the glue on to the veneers are also exposed to the Chemicals. The International Agency for Research on Cancer (IRAC) classifies formaldehyde as human carcinogen. Plywood industry produces significant quantities of wooden dust during the veneering and finishing process. Hydro carbon fumes and wooden dust particulates cause adverse health effects because of the ability to reach the lower regions of the human respiratory tract.
Directions given by Hon'ble Supreme Court regarding licensing of Plywood Industries
47. The Hon'ble Supreme Court passed order dated 12.12.1996 in Writ Petition (Civil) No. 202 of 1995 titled as T.N. Godavarman Thirumulkpad versus Union of India and others wherein the Hon'ble Supreme Court defined the word 'Forest' in Section 2 of the Forest Conservation Act, 1980 and held that the Forest Conservation Act, 1980 shall apply to all Forests irrespective of the nature of ownership or classification thereof. The Hon'ble Supreme Court further directed that the ongoing activities within any forest in any of the state shall cease forthwith and running of Saw Mills of any kind including Veneer or Plywood mills are non-forest purposes and any such activity is in violation of the provision of the Forest Conservation Act, 1980 and is not permissible without prior approval of O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 105 the Central Government. Hon'ble Supreme Court directed the State Governments to discharge their duties and obligations to regularize the Saw Mills, Veneer and Plywood Units and file a report within two months regarding:
(i) the number of saw mills, veneer and plywood mills actually operating within the State, with particulars of their real ownership;
(ii) The licensed and actual capacity of these mills for stock and sawing:
(iii) their proximity to the nearest forest;
(iv) their source of timber.
48. The directions were issued in order to regulate the Wood Based Industries in India, to evaluate the number of Wood Based Industries and their capacity for consuming the timber so that a balance may be created and the pressure on the Forest may be reduced in order to protect the environment.
49. Since the State Governments were not acting towards protection of the environment and failed to follow the objects provided under Environment Protection Act, 1980, Hon'ble Supreme Court again vide order dated 04.03.1997 passed in Writ Petition (Civil) No. 202 of 1995 titled as T.N. Godavarman Thirumulkpad versus Union of India and others issued directions to States of Maharashtra and Uttar Pradesh to the effect that "all unlicensed saw mills, veneer and plywood industries in the State of Maharashtra and the State of U.P. are to be closed forthwith and the State Government would not remove or relax the condition for grant of permission/license for the opening of any such saw mill, veneer and plywood industry and it shall also not grant any fresh permission/ license for the purpose".
O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 106
50. The aforesaid order was extended to all other States in India as it was found that the illegal and unlicensed wood based industries are being operated without any check and balance. The Hon'ble Supreme Court vide order dated 29/30.10.2002 passed in Writ Petition (Civil) No. 202 of 1995 titled as T.N. Godavarman Thirumulkpad versus Union of India and others accepted the Monitoring Report of the Central Empowered Committee and directed that no State Government or Union Territory will permit the unlicensed Saw Mill, Veneer Plywood Industry to operate and they are directed to close all such unlicensed units forthwith. No State Government or Union Territory will permit the opening of any saw-mills, veneer or plywood industry without prior permission of Central Empowered Committee. Further it was directed that it will be open to apply to Hon'ble Supreme Court for relaxation and/or appropriate modification of orders qua plantations or grant of licenses.
51. The Hon'ble Supreme Court vide order dated 05.10.2015 passed in Writ Petition (Civil) No. 202 of 1995 titled as T.N. Godavarman Thirumulkpad versus Union of India and others, authorized the MoEF&CC to issue appropriate guidelines in conformation with the orders and directions issued by Hon'ble Supreme Court and also the existing guidelines to the SLCs relating to assessment of timber availability for wood-based industries and grant of license/permission to the wood-based industries including addition of new machineries and also utilization of amounts recovered from the wood-based industries and connected matters.
52. In compliance with the directions contained in the order dated 05.10.2015 passed by the Hon'ble Supreme Court of India in Writ Petition (Civil) No. 202 of 1995 titled as T.N. Godavarman Thirumulpad Vs. Union O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 107 of India and others, the MoEF & CC issued the Wood Based Industries (Establishment and Regulations) Guidelines, 2016.
53. The Haryana Government enacted the Haryana Wood Based Industries (Establishment and Regulation) Rules 2021.
Environmental Issues:
54. The primary emissions from the manufacture of plywood include particulate matter, gaseous emission from boilers/thermic fluid heaters and fugitive emissions during log debarking, plywood trimming, sanding and from glue applications
55. Water is used for various operations like steam generation, resin mixing etc. After the mixing operation, the mixing vessel is washed and the washed water with phenolic resins are main source of water pollution in the plywood industry. Waste water needs to be treated through ETP.
56. Solid waste in the form of wood waste is generated from plywood industry from log cutting, debarking, veneering, trimming etc.
57. The hot pressing operation is a source of VOC emissions and carcinogenic to workers.
Environmental Regulations:
58. As such there are no industry specific standards. Boilers being the main source of pollution from plywood, Boiler Standards notified under the Environment (Protection) Rules, 1986 are applicable to plywood industry.
59. However, if plywood manufacturing unit also manufactures adhesives such as Phenol formaldehyde, Urea formaldehyde and Melamine formaldehyde in its plant, then the same falls under item 5 (f) of the O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 108 Environment Impact Assessment Notification no. S.O. 1533 (E) dated 14.09.2006 and requires Environmental Clearance.
60. If plywood manufacturing unit does not manufacture adhesives and operates with stored resins, the same requires consent to establish and consent to operate form the respective State Pollution Control Board/UT Pollution Control Committee.
Categorization of Plywood Industries on the basis of Pollution Index
61. The CPCB developed a scoring methodology based on the Pollution Index (PI) to harmonize the criteria for classification of industrial sectors.
The PI is determined based on Precautionary Principle by evaluating potential of water pollution, air pollution, and hazardous waste generation from particular sector.
Scoring criteria for Water Pollutant "PIW"
62. Water pollution score consider the potential water pollution load from any sector in terms of characteristics and quantity of untreated trade effluent (wastewater). The "trade effluent" includes any liquid, gaseous or solid substance which is discharged from any premises used for carrying on any industry, operation or process, or treatment and disposal system, other than domestic sewage. The water pollutant score (PIW) is the addition of three sub-scores which are based on organic content in terms of oxygen demand of wastewater (W1), potential of other pollutants (W2) and quantum of wastewater (W3). The weightages of W1, W2 and W3 in the water pollution score are 35%, 30% and 35%, respectively.
Scoring criteria for Air Pollutant "PIA":
63. Air pollution score consider the potential air pollution load from any sector in terms of characteristics of emissions and its quantum/scale in O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 109 terms of quantity of fuel. The air pollutant score is based on generation of emission. The "air pollutant" means any solid, liquid, or gaseous substance (including noise) present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or property or environment. The air pollution score (PIA) is the addition of three sub-scores which are based on the type of pollutants in emissions (A1), work zone emission/fugitive emissions & odour nuisance (A2), and fuel type & quantity (A3). The weightages of A1, A2 and A3 in air pollution score are 35%, 30% and 35%, respectively.
Scoring criteria for Industrial Waste Generating Sector "PIH"
64. Industrial waste generating sectors are considered based on the generation of hazardous waste/high volume low effect waste. As per the Hazardous and Other Wastes (Management & Trans-boundary Movement) Rules, 2016, the "hazardous waste" means any waste which by reason of characteristics such as physical, chemical, biological, reactive, toxic, flammable, explosive or corrosive, causes danger or is likely to cause danger to health or environment, whether alone or in contact with other wastes or substances and shall include waste as per the Schedule I, Schedule II and Schedule III of the rule. Further, scores are also assigned to the high-volume low effect wastes such as fly ash, phosphogypsum, red mud, jarosite, slags from pyro-metallurgical operations, mine tailings and ore beneficiation rejects. The score for waste comprises of two sub-scores H1 and H2. The H1 score is based on the different type of hazardous waste which are generated during the process, and which are required to be managed/disposed through common facility or based on the generation of high-volume low effect waste/ HW like contaminated bags/ drums etc. The H2 score is based on the total quantum of waste generated. The score for the quantum of hazardous waste is total potential of generation of such O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 110 hazardous waste by any sector., Score H1: Based on potency of hazardous waste and score H2: Based on quantum of hazardous waste, are given weightage of 30% and 70%, respectively.
Purpose of classification
65. The purpose of classification is to ensure that the industry is established in a manner consistent with the environmental objectives and also to prompt industrial sectors to adopt cleaner technologies, ultimately resulting in the generation of no or minimum pollutants.
Directions issued vide letter no. B-29012/ESS(CPA)/2015-16/ dated 07.03.2016
66. In exercise of the powers delegated to the Chairman, CPCB under Section 18(1)(b) of the Water (Prevention and Control of Pollution) Act, 1974 and Section 18(1)(b) of the Air ( Prevention and Control of Pollution) Act, 1981 the earlier Directions issued in June 2012 in the context of categorisation of industries as Red, Orange & Green were withdrawn with immediate effect and directions were issued by CPCB vide letter no. B-
29012/ESS(CPA)/2015-16/ dated 07.03.2016 for compliance by all SPCBs and PCCs inter alia to adopt the Revised Criteria of categorization of industrial sectors as detailed in table nos. Fl, F2, F3 and F4 and Revised Lists of Red, Orange, Green and White categories of industrial sectors, presented at table no. G2, G3, G4 and G5 respectively, in the 'Final Report' as attached therewith immediately. SPCBs/PCCs were also directed to categorize any new or left over sectors at their level by constituting a Committee and following the methodology prescribed by CPCB.
67. In Table G3: Final list of orange category of industrial sectors, following plyboard manufacturing industries were mentioned at serial no.
56 (old 51):-
O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 111 Final Orgnl Industry W1 W2 W A1 A2 A H W+A+H Revised Remarks Sl. S.No Sector category No.
56. 51 Ply-board 0 -- 0 20 -- 20 -- 50 O-O Mainly air manufacturing polluting (including because of Veneer and Use of laminate) with boiler. AP oil fired score is boiler/ normalized thermic fluid to 100 heater (without resin plant)
68. In Table G4: Final list of green category of industrial sectors, following plyboard manufacturing industries were mentioned at serial no.
28 (old 54):-
Final Orgnl Industry W1 W2 W A1 A2 A H W+A+H Revised Remarks Sl. S.No Sector category No.
28. 54 Manufacturing -- -- -- 10 -- 10 -- 25 G-G Minor of pasted fumes due veneers using to gas fired boiler Application or thermic of gums/ fluid heater adhesives / and by sun pastes etc. drying This score is valid only for gas fired boiler.
3. The unit having coal fired boilers shall be categorized as Orange.
Directions issued vide letter no. CP-18/1/2023-IPC-VI-HO-CPCB-HO dated 12.02.2025
69. Based on the experience gained over the years in Pollution Index calculation, use of cleaner fuels like PNG/CNG etc., adoption of cleaner technology resulting in reduced emission/wastewater generation, the CPCB revisited the classification methodology of 2016 and in exercise of the powers delegated to the Chairman, CPCB under Section 18(1)(b) of the Water (Prevention and Control of Pollution) Act, 1974 and Section 18(1)(b) of the Air ( Prevention and Control of Pollution) Act, 1981 the earlier Directions dated 07.03.2016 and subsequent direction/letter in the O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 112 context of categorisation of industries as Red, Orange & Green were withdrawn with immediate effect and directions were issued by CPCB vide letter no. CP-18/1/2023-IPC-VI-HO-CPCB-HO dated 12.02.2025 for compliance by all SPCBs and PCCs inter alia to adopt the revised methodology for classification of sectors and list of 419 sectors/sub-
sectors classified under Red, Orange, Green, White, and Blue categories as detailed in the attached report-"Classification of Sectors into Red, Orange, Green, White and Blue Categories (A tool for progressive environmental management)".
70. In Annexure -I List of Industrial Sectors Classified Under Red, Orange, Green, and White Categories attached with above said letter plywood industries are included in Orange category at Serial No. 126 which is reproduced as under:-
Polluti on S. Sector W1 W2 W3 PIW A1 A2 A3 PIA H1 H2 PIH Catego Remar Concern Index No. ry ks ed (PI) Division Plywood/bo ard 126 20 20 15 55 25 20 25 70 0 0 0 78.3 Orange IPC -V manufacturi ng (including Veneer and laminate) with biomass fired boiler / thermic fluid heater (without resin plant)
71. In view of the above factual and legal background the environmental issues involved may be considered.
72. The information with regard to all the 28 plywood industries compiled on the basis of the material on record may be summarized in the following table:-
O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 113 Sr. Name of Industry Type Plyboard (Sq. Raw Material Details No Industry Meter)/ Plywood (Sq. Timber Face Formald Meter) ehydrate /Glue 1 M/s Plywood manufacturing 8000 75 8000 Formalde Wishwanat (including Veneer and Laminate) metric sq hydrate h Plywood using the fuel such as wood or tonnes/ mtr 1350 Industries coal or any other authorized fuel day kg/day with or without resin plant 2 M/s. Plyboard manufacturing 14.535 metric - - -
Jamuna (including Veneer and Laminate) tonnes /day Wood Tech using with oil fired boiler/thermic Industries fluid heater (without resin plant) 3 M/s. Heera Plywood manufacturing 5000 50 5000 Glue 350 Product (including Veneer and Laminate) metric sq kg/day using the fuel such as wood or tonnes/ mtr coal or any other authorized fuel day with or without resin plant 4 M/s. Kunjan Plyboard manufacturing 43.605 - - -
Wood (including Veneer and Laminate) metric tonnes Industries using with oil fired boiler/thermic /day fluid heater (without resin plant) 5 M/s. Burma Plyboard manufacturing 29.07 - - -
Boards (including Veneer and Laminate) metric tonnes using with oil fired boiler/thermic /day fluid heater (without resin plant) 6 M/s. Duna No information given in consent to operate Panels Pvt.
Ltd. (B K Industry) 7 M/s. No information given in consent to operate Pragati Industries 8 M/s. Plywood manufacturing 3000 54 4500 Formalde Haploos (including Veneer and Laminate) metric sq hydrate Plyboards using the fuel such as wood or tonnes/ mtr 1350 Pvt. Ltd. coal or any other authorized fuel day kg/day with or without resin plant 9 M/s. Plyboard manufacturing 48.45 - - -
Haryana (including Veneer and Laminate) metric Joinery Mills using with oil fired boiler/thermic tonnes/day fluid heater (without resin plant) 10 M/s. Gokul Plywood manufacturing 650 2000 - -
Enterprises (including Veneer and Laminate) metric kg/day
using the fuel such as wood or tonnes/day
coal or any other authorized fuel
with or without resin plant
11 M/s. No information given in consent to operate
Nagpal
Wood
Industries
12 M/s. Plywood manufacturing 5 36 3000 Formalde
Bhagwati (including Veneer and Laminate) metric metric sq hydrate
Udyog using the fuel such as wood or tonnes/day/ tonnes/ mtr 900
coal or any other authorized fuel 3000 day Kg/day
with or without resin plant
13 M/s. Global Plywood manufacturing 3000 36 3000 Formalde
India Wood (including Veneer and Laminate) metric metric Sq hydrate
Industries using the fuel such as wood or tonnes/day tonnes/ mtr 900
coal or any other authorized fuel day Kg/day
with or without resin plant
14 M/s. Baba No information given in consent to operate
Plywood
Pvt. Ltd.
O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood
O.A. No. 876/2024 Industries & Ors. with connected matters
114
15 M/s. AR Plywood manufacturing 20 50 5000 Glue 350
Wood (including Veneer and Laminate) metric metric Sq kg/day
Crafts Pvt. using the fuel such as wood or tonnes/day tonnes/ mtr
Ltd. coal or any other authorized fuel day
with or without resin plant
16 M/s. Luxmi Plywood manufacturing 5000 40 5000 Glue 350
Timbers (including Veneer and Laminate) metric metric Sq kg/day
using the fuel such as wood or tonnes/day tonnes/ mtr
coal or any other authorized fuel day
with or without resin plant
17 M/s. Classic Plyboard manufacturing 29.07 - - -
Plywood (including Veneer and Laminate) metric
Industries using with oil fired boiler/thermic tonnes/day
fluid heater (without resin plant)
18 M/s. Burma Plyboard manufacturing 3 metric - - -
Wood (including Veneer and Laminate) tonnes/day
Products using with oil fired boiler/thermic
fluid heater (without resin plant)
19 M/s. Metro No information given in consent to operate
Plyboards
Pvt. Ltd.
20 M/s. Alloy Plywood manufacturing 3000 36 3000 Formalde
Steel & (including Veneer and Laminate) metric metric Sq hydrate
Castings using the fuel such as wood or tonnes/day tonnes/ mtr 900
coal or any other authorized fuel day Kg/day
with or without resin plant
21 M/s. Plywood manufacturing 4500 9 4500 Glue 400
Vidhata (including Veneer and Laminate) metric metric Sq kg/day
Plywood using the fuel such as wood or tonnes/day tonnes/ mtr
Industries coal or any other authorized fuel day
with or without resin plant
22 M/s. Plywood manufacturing 2000 36 3000 Formalde
Suryodaya (including Veneer and Laminate) metric metric Sq hydrate
Wood using the fuel such as wood or tonnes/day tonnes/ mtr 900
Products coal or any other authorized fuel day Kg/day
with or without resin plant
23 M/s. Plywood manufacturing -- /4000 60 8000 Formalde
Aggarwal (including Veneer and Laminate) metric Sq hydrate 4
Plywood using the fuel such as wood or tonnes/ mtr metric
Industries coal or any other authorized fuel day tonnes
with or without resin plant /day
24 M/s. Plywood manufacturing --/3000 36 3000 Formalde
Jagdamba (including Veneer and Laminate) metric Sq hydrate
Dwellings using the fuel such as wood or tonnes/ mtr 900
Pvt. Ltd. coal or any other authorized fuel day Kg/day
with or without resin plant
25 M/s. Best Plywood manufacturing 5000 50 5000 Glue 400
Panels (including Veneer and Laminate) metric Sq kg/day
Industries using the fuel such as wood or tonnes/ mtr
coal or any other authorized fuel day
with or without resin plant
26 M/s. Plywood manufacturing 5000/-- 50 8000 Glue 5
Krishna (including Veneer and Laminate) metric Sq metric
Panels using the fuel such as wood or tonnes/ mtr tonnes/d
coal or any other authorized fuel day ay
with or without resin plant
27 M/s. Krishna No information given in consent to operate
Enterprises
28 M/s. Shree Plyboard manufacturing 29.07 - - -
Ram Steel (including Veneer and Laminate) metric
Industries using with oil fired boiler/thermic tonnes/day fluid heater (without resin plant)
73. In the present case HSPCB has granted consent to operate to (i) M/s O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 115 Wishwanath Plywood Industries, (ii) M/s. Heera Product, (iii) M/s.
Haploos Plyboards Pvt. Ltd., (iv) M/s. Gokul Enterprises, (v) M/s.
Bhagwati Udyog, (vi) M/s. Global India Wood Industries, (vii) M/s. AR Wood Crafts Pvt. Ltd., (viii) M/s. Luxmi Timbers, (ix) M/s. Alloy Steel & Castings, (x) M/s. Vidhata Plywood Industries, (xi) M/s. Suryodaya Wood Products, (xii) M/s. Aggarwal Plywood Industries, (xiii) M/s. Jagdamba Dwellings Pvt. Ltd., (xiv) M/s. Best Panels Industries and (xv) M/s. Krishna Panels with or without resin plant. HSPCB has granted consent to operate to (i) M/s. Jamuna Wood Tech Industries, (ii) M/s. Kunjan Wood Industries, (iii) M/s. Burma Boards, (iv) M/s. Haryana Joinery Mills, (v) M/s. Classic Plywood Industries, (vi) M/s. Burma Wood Products and (vii) M/s. Shree Ram Steel Industries without resin plant.
74. HSPCB has granted consent to operate to (i) M/s. Duna Panels Pvt.
Ltd. (B K Industry), (ii) M/s. Pragati Industries, (iii) M/s. Nagpal Wood Industries, (iv) M/s. Baba Plywood Pvt. Ltd., (v) M/s. Metro Plyboards Pvt.
Ltd. and (vi) M/s. Krishna Enterprises without giving any information about the industries in the orders granting consent to operate.
75. Grant of consent to operate without giving basic information about the industry and its activities is highly improper and reflects lackadaisical approach of HSPCB wholly insensitive to environmental concerns and orders granting consent to operate to (i) M/s. Duna Panels Pvt. Ltd. (B K Industry), (ii) M/s. Pragati Industries, (iii) M/s. Nagpal Wood Industries,
(iv) M/s. Baba Plywood Pvt. Ltd., (v) M/s. Metro Plyboards Pvt. Ltd. and
(vi) M/s. Krishna Enterprises need to be reviewed for incorporating basic information regarding the same, verifying their compliance status and imposing appropriate conditions to prevent and control pollution and protect improvement.
76. HSPCB is directed to review orders granting consent to operate O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 116 to (i) M/s. Duna Panels Pvt. Ltd. (B K Industry), (ii) M/s. Pragati Industries, (iii) M/s. Nagpal Wood Industries, (iv) M/s. Baba Plywood Pvt. Ltd., (v) M/s. Metro Plyboards Pvt. Ltd. and (vi) M/s. Krishna Enterprises for incorporating basic information regarding the same, verifying their compliance status and imposing appropriate conditions to prevent and control pollution and protect and improve environment.
77. It may be observed here that plywood industry (without resin plant) does not require environmental clearance and has to obtain only consent to establish and consent to operate from State Pollution Control Board/UT Pollution Control Committee. However, where the plywood industry has captive resin plant for manufacturing Phenol Formaldehyde and Melamine Formaldehyde chemicals, then such resin plant will fall under Item 5 (f)-
Synthetic organic chemicals of Schedule of Environment Impact Assessment (EIA) Notification no. S.O. 1533 (E) dated 14.09.2016 and mandatorily require environmental clearance from SEIAA at State level if located in the industrial area or from MoEF & CC at Central level if project is located outside the industrial area, as the case may be. Reference in this regard may be made to MoEF & CC letter no. F.No. IA-J-11011/369/2024- IA-II(I) dated 30.08.2024 sent to the Member Secretary, HSPCB. The relevant part of the above said letter is reproduced as under:-
"Sub: Clarification for applicability of Environmental Clearance w.r.t M/s Stylam Industries Ltd., Panchkula involved in the manufacturing of Laminates.-regarding Sir, This has reference to the letter no HSPCB/PKL/2024/874 dated 09/07/2024 issued by Regional Officer, Panchkula Region seeking clarification regarding applicability of Environmental Clearance for M/s Stylam Industries Ltd. It was noted that the said unit is operating since 2016 and engaged in manufacturing of laminate sheet having in house Phenol Formaldehyde and Melamine Formaldehyde. Further, it is also mentioned that the unit is purchasing the Melamine and Phenol Formaldehyde from the O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 117 manufacturer of Formaldehyde and process the raw material to make final product (Laminate sheet/Sunmica).
2. As per EIA Notification 2006, manufacturing of Phenol Formaldehyde and Melamine Formaldehyde chemicals falls under Item 5 (f)-Synthetic organic chemicals of Schedule of Environment Impact Assessment (EIA) Notification, 2006 (as amended) and requires to obtain environmental clearance from SEIAA at State level if located in the industrial area or from MoEF&CC at Central level if project is located outside the industrial area, as the case may be.
3. Matter has been examined in the Ministry. In the letter of SPCB, it is not clear whether unit is manufacturing the Melamine and Phenol Formaldehyde resin or procuring the chemicals for making the final products. In that case, SPCB should have carried out inspection of the unit to confirm whether unit is manufacturing the chemicals for captive purpose or procuring the chemicals from outside for manufacturing the final products. It is clarified that manufacturing of Phenol Formaldehyde and Melamine Formaldehyde attracts Environmental clearance as per para 2 above, not the procurement of the same from other industries.
4 It is, therefore, requested that SPCB shall carry out site inspection and confirm the manufacturing activities within the plant premises and take the decision on requirement of prior EC accordingly as per provisions of ElA Notification 2006, as amended."
78. HSPCB is directed to inspect (i) M/s Wishwanath Plywood Industries, (ii) M/s. Heera Product, (iii) M/s. Haploos Plyboards Pvt.
Ltd., (iv) M/s. Gokul Enterprises, (v) M/s. Bhagwati Udyog, (vi) M/s.
Global India Wood Industries, (vii) M/s. AR Wood Crafts Pvt. Ltd., (viii) M/s. Luxmi Timbers, (ix) M/s. Alloy Steel & Castings, (x) M/s. Vidhata Plywood Industries, (xi) M/s. Suryodaya Wood Products, (xii) M/s.
Aggarwal Plywood Industries, (xiii) M/s. Jagdamba Dwellings Pvt. Ltd.,
(xiv) M/s. Best Panels Industries and (xv) M/s. Krishna Panels to confirm whether said plywood industries are having resin plant and manufacturing the chemicals (Phenol Formaldehyde or Melamine Formaldehyde) for captive purpose or procuring the chemicals from outside for manufacturing the final product and in case any of the above said plywood industries is having resin plant and manufacturing chemicals for captive purpose, then to modify consent O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 118 to operate by revoking consent to operate for resin plant and also issue order for closure of the resin plant only till obtaining of environmental clearance for the same by the concerned Project Proponent as per provisions of the EIA Notification 2006.
79. It may also be observed here that in the action taken reports, Regional Officer, HSPCB has mentioned that (i) M/s Wishwanath Plywood Industries, (ii) M/s. Haploos Plyboards Pvt. Ltd., (iii) M/s. Bhagwati Udyog, (iv) M/s. Global India Wood Industries, (v) M/s. Alloy Steel & Castings, (vi) M/s. Suryodaya Wood Products, (vii) M/s. Aggarwal Plywood Industries and (viii) M/s. Jagdamba Dwellings Pvt. Ltd. are using formaldehydrate and (i) M/s. Heera Product, (ii) M/s. AR Wood Crafts Pvt.
Ltd., (iii) M/s. Luxmi Timbers, (iv) M/s. Vidhata Plywood Industries, (v) M/s. Best Panels Industries and (vi) M/s. Krishna Panels are using glue but distinctive details with composition of the chemicals for use of different expressions 'formaldehydrate' and 'glue' have not been given.
80. No information regarding use of resin has been given in respect of (i) M/s. Jamuna Wood Tech Industries, (ii) M/s. Kunjan Wood Industries, (iii) M/s. Burma Boards, (iv) M/s. Haryana Joinery Mills, (v) M/s. Gokul Enterprises (vi) M/s. Classic Plywood Industries, (vii) M/s. Burma Wood Products and (viii) M/s. Shree Ram Steel Industries.
81. No information whatsoever has been given regarding (i) M/s. Duna Panels Pvt. Ltd. (B K Industry), (ii) M/s. Pragati Industries, (iii) M/s. Nagpal Wood Industries, (iv) M/s. Baba Plywood Pvt. Ltd., (v) M/s. Metro Plyboards Pvt. Ltd. and (vi) M/s. Krishna Enterprises.
82. The hot-pressing operation is a source of VOC emissions carcinogenic to workers and the aspects regarding adoption of requisite safeguards regarding storage and use of formaldehydrate/glue have to be looked into. O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 119 It is evident from a perusal of the action taken reports filed by HSPCB that it has not looked into the aspects regarding adoption of requisite safeguards regarding storage and use of formaldehydrate/glue.
83. HSPCB is directed to inspect all the 28 plywood industries to confirm whether requisite safeguards regarding storage and use of the chemicals formaldehydrate/glue etc. have been adopted by the above said plywood industries and take appropriate action on the basis of the inspection and file its report in this regard within three months before Ld. Registrar General of this Tribunal.
Management and Disposal of wood ash and solid waste by the Project Proponents
84. In the Action Taken Reports dated 20.08.2024 it has been mentioned that the units are disposing fly ash in the low-lying area of nearby fields through farmers as per their requirements. The information compiled from the reports and other material on record is tabulated as under:-
Management and Disposal of wood ash by the Project Proponents Sr Name of Boiler Fuel Quantity Ash Storage Mode of Documents No Industry Used used of Fuel Generated Utilization used 1 M/s. TFH- 20 Wood 10 TPD 20 Kg PD Bags Locals No record of Wishwanath Lac waste /farmers generation Plywood Kcalores for filling and disposal Industries, Boiler 6 /levelling TPH 2 M/s. Boiler - Wood 10 TPD 15 KgPD Bags Locals No record of Jamuna 4.5 waste /farmers generation Wood Tech TPH for filling and disposal Industries /levelling 3 M/s. Heera Boiler - Wood 30 to 35 120KgPD Bags Locals No record of Product 4 waste TPD /farmers for generation TPH filling and disposal /levelling 4 M/s. Boiler - Wood 3 TPD 45 KgPD Bags Locals No record of Kunjan 3 TPH waste /farmers for generation Wood filling and disposal Industries /levelling 5 M/s. Boiler - Wood 3500 45 KgPD Bags Locals No record of Burma 4 TPH chips KgPD /farmers for generation Boards and filling and disposal agro /levelling waste O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 120 6 M/s. Duna Boiler - Wood 3000 35 KgPD Bags Locals No record of Panels Pvt. 6 TPH chips KgPD /farmers for generation Ltd. (B K and filling and disposal Industry) agro /levelling waste 7 M/s. TFH - Wood 3500 40 KgPD Bags Locals No record of Pragati 25 Lac chips KgPD /farmers for generation Industries Kcalore and filling and disposal s agro /levelling waste 8 M/s. TFH - Wood 4500 50 KgPD Bags Locals No record of Haploos 25 Lac waste KgPD /farmers for generation Plyboards Kcalore filling and disposal Pvt. Ltd. s /levelling 9 M/s. Boiler - Lying closed at its own Haryana 3 TPH Joinery Mills 10 M/s. Gokul TFH -15 Agro 600 10 KgPD Bags Locals No record of Enterprises Lac waste KgPD /farmers for generation Kcalore and filling and disposal s Wood /levelling Waste 11 M/s. Boiler - Agro 2500 50 KgPD Bags Locals No record of Nagpal 4.25 waste KgPD /farmers for generation Wood TPH and filling and disposal Industries wood /levelling waste 12 M/s. TFH - Wood 5000 75 KgPD Bags Locals No record of Bhagwati 20 chips KgPD /farmers for generation Udyog Lac and filling and disposal Kcalore agro /levelling s waste (Boiler
-6 TPH Standby ) 13 M/s. TFH - Lying Closed at its Own Global 25 India Lac Wood Kcalore Industries s 14 M/s. Baba TFH - Waste 3500 40 KgPD Bags Locals No record of Plywood 25 Wood KgPD /farmers for generation Pvt. Ltd. Lac filling and disposal Kcalore /levelling s 15 M/s. AR TFH - Wood 4500 50 KgPD Bags Locals No record of Wood 20 chips KgPD /farmers for generation Crafts Pvt. Lac and filling and disposal Ltd. Kcalore agro /levelling s waste Boiler-
3 TPH 16 M/s. Luxmi Boiler - Wood 5 TPD 100 KgPD Bags Locals No record of Timbers 8 Waste /farmers for generation TPH filling and disposal /levelling 17 M/s. TFH - Lying Closed at its Own Classic 15 Lac Plywood Kcalore Industries s 18 M/s. Boiler - Wood 10 TPD 12 KgPD Bags Locals No record of Burma 3 TPH waste /farmers for generation filling and disposal O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 121 Wood /levelling Products 19 M/s. Metro TFH - Wood 3 TPD 40 KgPD Bags Locals No record of Plyboards 15 Lac waste /farmers for generation Pvt. Ltd. Kcalore filling and disposal s /levelling 20 M/s. Alloy Boiler - Wood 2000 35 KgPD Bags Locals No record of Steel & 4 TPH waste KgPD /farmers for generation Castings filling and disposal /levelling 21 M/s. Boiler - Wood 2000 40 KgPD Bags Locals No record of Vidhata 3 TPH waste KgPD /farmers for generation Plywood filling and disposal Industries /levelling 22 M/s. Boiler - Wood 5 TPD 40 KgPD Bags Locals No record of Suryodaya 5 TPH waste /farmers for generation Wood filling and disposal Products /levelling 23 M/s. Boiler - Wood 3000 40 KgPD Bags Locals No record of Aggarwal 8 TPH waste KgPD /farmers for generation Plywood (Boiler filling and disposal Industries -6 /levelling TPH Standby ) 24 M/s. TFH - Wood 4 TPD Details not Bags Selling to No record of Jagdamba 30 Lac waste provided farmers generation Dwellings Kcalore and disposal Pvt. Ltd. s 25 M/s. Best TFH - Wood 10 TPD 45 KgPD Bags Locals No record of Panels 30 Lac waste (3.5 ton) /farmers for generation Industries Kcalore filling and disposal s /levelling 26 M/s. Boiler - Wood 5 TPD 100 KgPD Bags Locals No record of Krishna 14 TPH waste /farmers for generation Panels filling and disposal /levelling 27 M/s. TFH - Lying Closed and sealed by HSPCB Krishna 10 Lac Enterprises Kcalore s 28 M/s. Shree Boiler - Wood 5000 40 KgPD Bags Locals No record of Ram Steel 17.5 chips KgPD /farmers for generation Industries TPH and filling and disposal afro /levelling waste
85. This Tribunal has in number of cases considered disposal of fly ash in low lying areas to be improper. Reference in this regard may be made to order dated 22.03.2023 passed by this Tribunal in O.A No. 744/2022 with O.A No. 277/2021 titled as Moharram Ali Vs. State of U.P. and Liyakat Ali Vs. State of U.P.
86. In O.A. No. 369/2022 titled as Sachin Tomar Vs. State of Haryana and others vide order dated 06.10.2023 this Tribunal directed O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 122 the Member Secretary, UPPCB to file an affidavit mentioning the mechanism evolved for verifying disposal of fly-ash by the project proponents in accordance with the EC/consent conditions.
87. In compliance thereof Affidavit dated 15.01.2024 of Mr. Sanjeev Kumar Singh, Member Secretary UPPCB was filed by Chief Environmental Officer, Circle-3, UPPCB vide email dated 16.01.2024. The draft mechanism for proper utilization of fly ash generated by coal based industry was enclosed with the affidavit as Annexure-II which reads as under :-
"Draft Mechanism for proper utilization of fly ash generated by coal based industries in compliance to directions issues by Hon'ble NGT in OA No. 369/2022 Sachin Tomar Vs State of U.P. Issues relating to disposal of fly ash from coal based industries in State of U.P. I. It has been a general practice by several industries using coal as fuel in boilers, to dispose the fly ash by filling in low lying areas. However, as a general practice adopted by the industries, collection and disposal of the fly ash from the industries is carried out through local contractors.
II. Industries/Contractors some time execute an agreement with the owners of lands for disposal of the fly ash. However, instead of usage of fly ash for filling up the low lying areas, the land is used as an open storage/dumping site for fly ash.
III. The lands, being an open area with no adequate cover at the boundaries and water sprinkling systems, the dispersion of fly ash causes air pollution in the nearby areas. IV. Further, there are possibilities of degradation of top soil by storage/dumping of coal based fly ash on lands. V. Hon'ble NGT has also considered the disposal of fly ash in low lying areas as an unscientific mechanism and have passed directions for proper disposal of the fly ash. In the matter of O.A. No. 744/2022 with OA No. 277/2021 Moharram Ali Vs State of UP and Liyakat Ali Vs State of UP, Hon'ble NGT has issued directions dated 22.03.2023as below:
„ ................7. It is established that plastic waste and fly ash are being unscientifically stored and disposed of in violation of Rules and to the detriment of environment. Such storage and use of landfill through contractor is not legally permissible. Stand that waste is being used for cement plants does not appear to be factually correct as no name of cement plant has been given and needs to be verified by manifest system. Compensation O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 123 determined does not take into account financial capacity of the units to determine the deterrent element nor the value of the extent of damage and the cost of restoration ...... Draft Mechanism for proper disposal of Fly ash by Lame air polluting industries:-
Practice of disposal of fly ash through contractors at nearby low lying areas is not an effective and environmental friendly mechanism for disposal of fly ash because generally it is observed that the fly ash is usually being dumped on the agriculture land without having sprinklers and covering the agriculture land boundary by green covers for arresting the fly ash from traversing in nearby residential areas.
1. With respect to effective disposal of fly ash, MoEF&CC vide notification dated 31.12.2021 has issued guidelines for utilization of fly ash generated in coal based Thermal Plants. Similar directions/mechanisms can also be adopted by other coal based industries. Further, CPCB has Issued OM dated 06.03.2023 authorizing auditors from recognized institutions for regular auditing of disposal of fly ash as per the guidelines. Hence, taking in consideration the general on site mechanism adopted by coal based industries, the following mechanisms can be adopted by other industries in line with the notifications issued by MoEF&CC and OM issued by CPCB for coal based Thermal Plants, to ensure that industries are disposing all the fly ash generated by environmental friendly mechanism :
i) There should be no involvement of a third party/contractor for collection and disposal of fly ash generated by the industries to ensure proper disposal of the fly ash being done by industries as per the agreements. Instead of disposing/dumping the fly ash on land at several agriculture land/low lying areas on day to day basis, every coal based large units may install dedicated silos for storage of dry fly ash silos for at least sixteen hours of ash based on installed capacity and it shall be reported upon to the UPPCB from time to time.
ii) Proper agreements / MOU needs to be signed between industries directly with the Cement industry/brick kilns/fly ash manufacturing units etc. The industry shall also submit the total quantity of fly ash being sent to users which shall then be verified by U.P. Pollution Control Board cross verifying the quantity utilized by the users.
iii) As per CPCB OM date 6 March 2023, CPCB has authorized auditors from various technical and recognized institutions for carrying out fly ash audits and submission of reports to CPCB and UPPCB. Industries may involve the authorized auditors for carrying out fly ash audit and submit the audit report to CPCB and UPPCB on regular basis (Quarterly/Half yearly/ Yearly) Scope of Work to carry out the audit may contain the following important mechanism: -
a. Verification of ash generation data pertaining to the financial year based on inspection of records of coal receipt/consumption and average ash content in coal and comparison of this data with the information provided by the industries.
b. Verification of fly ash and bottom ash utilization data pertaining to the financial year based on inspection of records of ash supplied to the user agencies covered under permitted uses/avenues, and comparison of this data with the information provided by the industries O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 124 c. The compliance audit for ash disposal by the industry and the user agency shall be conducted by auditors, authorised by Central Pollution Control Board (CPCB) and audit report shall be submitted to Central Pollution Control Board (CPCB) and UPPCB on regular basis. UPPCB shall initiate action against non- compliant industries within fifteen days of receipt of audit report.
iv) UPPCB after scrutiny of auditor's reports may, if required re-verify the quantity of fly ash being generated by the generators and quantity being utilized by the users under agreement with the generators.
v) On the mechanism of filling of low lying areas with ash, shall be only be carried out only on the construction sites, Road Laying etc. (Govt, Semi Govt, Private) which have been approved by UPPCB, CPCB or other authorized departments.
vi) Non-compliant industries shall be imposed with an environmental compensation on per ton basis on unutilized ash during the end of financial year based on the annual reports submitted
vii) Major responsibilities of industries to dispose fly ash and bottom ash.-
The ash generated from coal shall be utilized only for the following eco-friendly purposes, namely:-
a) Fly ash based products viz. bricks, blocks, tiles, fibre cement sheets, pipes, boards, panels;
b) Cement manufacturing, ready mix concrete;
c) Construction of road and fly over embankment, Ash and Geo-polymer based construction material;
d) Construction of dam;
e) Filling up of low lying area on the construction sites, Road
Laying etc (Govt, Semi Govt, Private) after the approval by UPPCB, CPCB or other authorized departments
f) Filling of mine voids;
g) Manufacturing of sintered or cold bonded ash aggregate;
h) Agriculture in a controlled manner based on soil testing;
i) Export of ash to other countries;
viii) The compliance audit for ash disposal by industries and the user agency shall be conducted by auditors, authorized by Central Pollution Control Board (CPCB) and audit report shall be submitted to Central Pollution Control Board (CPCB) and UPPCB on regular intervals. Central Pollution Control Board (CPCB) and UPPCB shall initiate action against non-compliant industries within fifteen days of receipt of audit report.
(ix) The above mechanism shall be uploaded on the website of UPPCB seeking responses from the stakeholders, after which the mechanism shall be finalized and directions shall be issued to all coal based industries in the State of U.P/ Specific conditions shall be included in the CT0 issued by UPPCB.
The above draft report is put up for perusal and necessary action please."
88. In the above said case UPPCB was directed to finalize the mechanism for proper disposal of Fly ash by all air polluting industries within six months and thereafter ensure compliance by the industries with O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 125 the same.
89. This Tribunal observed in order dated 18.04.2024 that these aspects have to be looked into and the monitoring mechanism needs to be evolved to ensure proper disposal of wood ash by HSPCB also. Accordingly, vide order dated 18.04.2024 HSPCB was directed to (i) prepare and implement SOP and evolve mechanism for verifying proper disposal of wood ash by the project proponents in accordance with environmental norms/directions given by Hon'ble Supreme Court and this Tribunal and the EC/consent conditions and (ii) to verify the facts regarding disposal of wood ash by the plywood industries in low lying areas and compliance of the conditions regarding storage and transportation of wood ash in accordance with environmental norms/directions given by Hon'ble Supreme Court and this Tribunal.
90. In the action taken reports dated 20.08.2024 the Regional Officer, HSPCB, Yamuna Nagar has mentioned that vide Letter no.
HSPCB/YR/2024/611 dated 28.06.2024 the Head Office was requested to prepare guidelines for the safe disposal of fly ash for plywood industries in accordance with the order dated 18.04.2024 passed by this Tribunal.
91. However, HSPCB has not produced any material to show that any such guidelines have been prepared and notified for compliance by the concerned industries.
92. HSPCB is directed to (i) prepare and implement SOP and evolve mechanism for verifying proper disposal of wood ash by the project proponents in accordance with environmental norms/directions given by Hon'ble Supreme Court and this Tribunal and the EC/consent conditions and (ii) to verify the facts regarding disposal of wood ash by the plywood industries in low lying areas and O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 126 compliance of the conditions regarding storage and transportation of wood ash in accordance with environmental norms/directions given by Hon'ble Supreme Court and this Tribunal.
93. The Project Proponents impleaded as respondent no. 1 in all the 28 cases registered as O.A. No. 849/2024 to 876/2024 are directed to maintain proper record regarding generation and disposal of wood ash and also to ensure proper disposal of wood ash in accordance with the environmental norms/guidelines and submit quarterly report to HSPCB in this regard with complete record with copies of all relevant documents regarding disposal of wood ash.
Prevention and Control of Air Pollution
94. In the present case the grievance of the applicant is that the plywood industries are causing air pollution in the area.
95. In response thereto, HSPCB has tried to project that plywood industries are not causing any air pollution by submitting that HSPCB had taken the samples and got the same analyzed and filed the reports showing the same to be within prescribed parameters. The relevant information given in the reports is compiled in the following table:-
Analysis Reports Sr. Name of Stack Stack Diameter Quantity Suspended Sulphur Nitrogen No. Industry Attached Height of the of particulate Dioxide Oxide to from Stack Emission matter (mg/m3 ) (mg/m3 ) Ground (m/sec) (mg/m3 ) Level /Limit 1 M/s. Multi 32 M 80 CM 1.98 48.5/150 8.2 5.0 Wishwa- Cyclone nath 2.14 52.4/150 10.3 7.0 Plywood Industries 2 M/s. Multi 110 FT 80 CM 2.01 60.06/150 12.1 8.0 Jamuna Cyclone Wood Tech Industries 3 M/s. Heera Multi 33 M 80 CM 1.99 38.3/150 8.02 ND Product Cyclone 4 M/s. Multi 110 FT 80 CM 2.06 56.8/-- 11.3 9.0 Kunjan Cyclone O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 127 Wood Industries 5 M/s. Multi 32 M 80 CM 2.08 123.1/150 18.3 15.0 Burma Cyclone Boards 6 M/s. Duna Multi 32 M 77 CM 2.57 38.6/800 12.1 9.0 Panels Pvt. Cyclone Ltd. (B K Industry) 7 M/s. Multi 32 M 80 CM 2.94 20.2/150 9.2 5.0 Pragati Cyclone Industries 8 Haploos Multi 32 M 80 CM 1.98 68.0/150 13.2 7.0 Plyboards Cyclone Pvt. Ltd.
9 M/s. Multi 100 FT 80 CM 2.04 37.2/150 9.1 ND
Haryana Cyclone
Joinery
Mills
10 M/s. Gokul Multi 32 M 80 CM 1.99 136.9/150 23.8 18.0
Enterprises Cyclone
11 M/s. Multi 32 M 77 CM 1.93 61.1/800 13.2 10.0
Nagpal Cyclone
Wood
Industries
12 M/s. Multi 32 M 80 CM 2.43 33.9/150 8.4 5.0
Bhagwati Cyclone
Udyog
13 M/s. Sample not taken and report not filed
Global
India
Wood
Industries
14 M/s. Baba Multi 32 M 80 CM 2.06 45.7/150 12.1 9.0
Plywood Cyclone
Pvt. Ltd.
15 M/s. AR Boiler 32 M 80 CM 2.42 16.9/150 ND ND
Wood
Crafts Pvt.
Ltd.
16 M/s. Luxmi Multi 32 M 80 CM 2.76 45.2/800 10.3 7.0
Timbers Cyclone
17 M/s. Multi 33 M 80 CM 2.31 51.9/-- 9.4 4.0
Classic Cyclone
Plywood
Industries
18 M/s. Multi 32 M 80 CM 2.84 20.6/150 7.3 ND
Burma Cyclone
Wood
Products
19 M/s. Multi 33 M 80 CM 3.44 33.6/150 8.4 4.0
Metro Cyclone
Plyboards Boiler
Pvt. Ltd. (15 Lakh
KCL)
20 M/s. Alloy Multi 32 M 80 CM 2.11 34.3/800 12.1 7.0
Steel & Cyclone
Castings
21 M/s. Multi 32 M 80 CM 1.90 73.8/800 13.0 8.0
Vidhata Cyclone
Plywood
Industries
22 M/s. Multi 32 M 80 CM 2.06 53.4/800 15.3 10.0
Suryodaya Cyclone
Wood
Products
O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood
O.A. No. 876/2024 Industries & Ors. with connected matters
128
23 M/s. Multi 32 M 80 CM 2.06 59.3/800 13.2 10.0
Aggarwal Cyclone
Plywood
Industries
24 M/s. Multi 32 M 80 CM 2.15 30.5/150 9.1 ND
Jagdamba Cyclone
Dwellings
Pvt. Ltd.
25 M/s. Best Sample not taken and report not filed
Panels
Industries
26 M/s. Multi 32 M 2M 12.38 392.0/600 23.6 19.0
Krishna Cyclone
Panels
27 M/s. Sample not taken and report not filed
Krishna
Enterprises
28 M/s. Shree Sample not taken and report not filed
Ram Steel
Industries
96. Air pollution from ply wood industry comes from transport of raw wood and finished products, fugitive emissions from process chemicals Formaldehyde etc. and fuels used in the boilers, particulate pollution from sawing of wood, process air pollution from drying of wood and application of glue and hydrocarbon and particulate pollution from generators.
97. CPCB has categorized plywood industries in orange category on the basis of pollution index. In view of the categorization itself remedial measures are required to be taken for prevention and control of air pollution.
98. It may be observed here that all the 28 plywood industries are situated in a cluster besides the unit of M/s. S.P.S. Bio Chem Pvt. Ltd. and 05 brick kilns but HSPCB did not make assessment of Ambient Air Quality in the area and did not take sample and get the same analyzed to show the ambient air quality in the area.
99. The applicant has alleged that all the 28 plywood industries have not installed multi-cyclone; that bag filter ought to have been installed by all the 28 plywood industries and that economizer/air pre heater has been included by HSPCB in pollution control equipment but the same did not O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 129 fall in the category of pollution control equipment.
100. It may also be observed here that in Consent to Operate granted to all the 28 plywood industries HSPCB had not specified the air pollution control equipment to be installed by the Project Proponents. In the reports filed before this Tribunal HSPCB has mentioned that multi-cyclones have been installed by all the 28 plywood industries but HSPCB has not given the particulars and has not attached the photographs thereof. In annexure R-7 attached with interim report of the Joint Committee filed vide email dated 28.09.2022 HSPCB had included economizer/air pre heater in the category of air pollution control equipment but the same being device to increase the efficiency of the boiler cannot be said to fall in the category of air pollution control equipment. In its report HSPCB has not mentioned about installation of bag filters by any of the above said plywood industries.
101. HSPCB is directed to verify the factual position regarding installation and adequacy of air pollution control equipment for prevention and control of air pollution including fugitive emissions in all the 28 plywood industries and file its report in this regard within three months before Ld. Registrar General of this Tribunal.
Creation of greenbelt/raising of plantation to prevent and control air pollution
102. It may be observed here that Plantation of trees/creation of green belt is considered to be one of the preferred remedial measures besides air pollution control equipment for prevention and control of air pollution.
103. While issuing Consent to Operate HSPCB imposed condition for raising of plantation in case of 05 plywood industries namely (i) M/s. Duna Panels Pvt. Ltd. (B K Industry) (ii) M/s. Pragati Industries (iii) M/s. Nagpal O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 130 Wood Industries (iv) M/s. Baba Plywood Pvt. Ltd. and (v) M/s. Metro Plyboards Pvt. Ltd. but HSPCB did not impose any condition as to raising of plantation and creation of green belt in case of remaining 23 plywood industries. Even though HSPCB imposed condition for raising of plantation in case of above mentioned 05 plywood industries but HSPCB did not specify the area and number of trees to be planted. In the Action Taken Reports HSPCB has made vague observations that plantation raised is not adequate or that more plantation is needed. The information deductible from the reports filed by HSPCB is summarized in the following table:-
Creation of green belt /raising of plantation to prevent and control air pollution Sr. Name of Condition imposed in Plantation/Green Number of Recommendation No Industry CTO Belt trees/plants 1 M/s. No condition regarding Plantation on 540 Wishwan plantation periphery/boundary plants/trees ath Saplings in pots planted Plywood Industries 2 M/s. No condition regarding Plantation on Number not Jamuna plantation periphery/boundary given Wood Saplings in pots Tech Industries 3 M/s. No condition regarding Plantation carried Number not More Plantation Heera plantation out along boundary given needed to be Product of ½ acre done 4 M/s. No condition regarding Plantation in 1 acre Number not Adequate Kunjan plantation given plantation form Wood of green wall Industries across the boundary is not provided.
5 M/s. No condition regarding -- -- Adequate
Burma plantation Plantation is not
Boards provided.
6 M/s. A green belt (having -- -- Adequate
Duna sufficient tall and Plantation is not
Panels dense tree) around the provided.
Pvt. Ltd. factory should be
(B K provided
Industry)
The industry will plant
minimum three
varieties (Eucalyptus,
Su Babul or any
suitable variety) of
trees in the vacant
area.
7 M/s. A green belt (having -- -- Adequate
Pragati sufficient tall and Plantation is not
Industries dense tree) around the provided.
O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood
O.A. No. 876/2024 Industries & Ors. with connected matters
131
factory should be
provided
The industry will plant
minimum three
varieties (Eucalyptus,
Su Babul or any
suitable variety) of
trees in the vacant
area.
8 M/s. No condition regarding -- -- Adequate
Haploos plantation Plantation is not
Plyboards provided.
Pvt. Ltd.
9 M/s. Lying closed at its own
Haryana
Joinery
Mills
10 M/s. No condition regarding -- -- Adequate
Gokul plantation Plantation is not
Enterprise provided.
s
11 M/s. A green belt (having -- -- Adequate
Nagpal sufficient tall and Plantation is not
Wood dense tree) around the provided.
Industries factory should be
provided
The industry will plant
minimum three
varieties (Eucalyptus,
Su Babul or any
suitable variety) of
trees in the vacant
area.
12 M/s. No condition regarding Plantation on Number not Adequate
Bhagwati plantation periphery/boundary given Plantation is not
Udyog done.
13 M/s. Lying Closed at its Own
Global
India
Wood
Industries
14 M/s. A green belt (having Planted Peepal Neem Number not Adequate
Baba sufficient tall and Babool given Plantation is not
Plywood dense tree) around the done.
Pvt. Ltd. factory should be
provided
The industry will plant
minimum three
varieties (Eucalyptus,
Su Babul or any
suitable variety) of
trees in the vacant
area.
15 M/s. AR No condition regarding -- -- Adequate
Wood plantation Plantation is not
Crafts Pvt. provided.
Ltd.
16 M/s. No condition regarding -- -- Adequate
Luxmi plantation Plantation is not
Timbers provided.
O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood
O.A. No. 876/2024 Industries & Ors. with connected matters
132
17 M/s. Lying Closed at its Own
Classic
Plywood
Industries
18 M/s. No condition regarding -- -- Adequate
Burma plantation Plantation is not
Wood provided.
Products
19 M/s. A green belt (having -- -- Adequate
Metro sufficient tall and Plantation is not
Plyboards dense tree) around the provided.
Pvt. Ltd. factory should be
provided
The industry will plant
minimum three
varieties (Eucalyptus,
Su Babul or any
suitable variety) of
trees in the vacant
area.
20 M/s. Alloy No condition regarding -- -- Adequate
Steel & plantation Plantation is not
Castings provided.
21 M/s. No condition regarding -- -- Adequate
Vidhata plantation Plantation is not
Plywood provided.
Industries
22 M/s. No condition regarding -- -- Adequate
Suryodaya plantation Plantation is not
Wood provided.
Products
23 M/s. No condition regarding Plantation on Number not Adequate
Aggarwal plantation periphery/boundary given Plantation is not
Plywood provided.
Industries
24 M/s. No condition regarding -- -- Adequate
Jagdamb plantation Plantation is not
a provided.
Dwellings
Pvt. Ltd.
25 M/s. Best No condition regarding Plantation on Number not Adequate
Panels plantation periphery/boundary given Plantation is not
Industries provided.
26 M/s. No condition regarding Plantation of Number not Adequate
Krishna plantation Popular, Pine, Mango given Plantation is not
Panels on provided.
periphery/boundary
27 M/s. Lying Closed and sealed by HSPCB
Krishna
Enterprises
28 M/s. No condition regarding Plantation on Number not Adequate
Shree plantation periphery/boundary given Plantation is not
Ram Steel provided.
Industries
104. We are of the considered view that condition regarding raising of plantation/creation of green belt ought to be imposed by HSPCB at the time of grant of Consent to Establish/Consent to Operate to plywood industries in view of pollution index of the same being 78.3 and the O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 133 plywood industries being in the Orange Category of Industrial Sectors.
105. We also consider it necessary to verify the factual position regarding plantation raised by all the 28 plywood industries.
106. Accordingly, we direct the Divisional Forest Officer, Yamuna Nagar to verify the factual position as to whether all the 28 plywood industries have raised sufficient plantation and to submit report within one month from the date of receipt of copy of this order specifying the deficiencies of plantation in terms of area, location, number and nature of species of trees and suggesting measures required to be taken by all the 28 plywood industries for remedying deficiencies of plantation and the budget amount required for the same.
107. HSPCB is also directed to (i) review the consent to operate already granted and include condition for raising of plantation/creation of green belt in case of plywood industries where no such condition has been imposed and (ii) issue directions to all the Project Proponents impleaded as respondents no. 1 in all the 28 cases registered as O.A. No. 849/2024 to 876/2024 for raising of adequate plantation/creation of green belt as per recommendations of Divisional Forest Officer, Yamuna Nagar.
108. The Member Secretary, HSPCB is also directed to take requisite steps for issuance of appropriate instructions for imposition of condition regarding raising of plantation/creation of green belt at the time of grant of Consent to Establish/Consent to Operate in case of new plywood industry and at the time of renewal of Consent to Operate in case of already existed plywood industry.
109. All the Project Proponents impleaded as respondent no. 1 in O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 134 all the 28 cases registered as O.A. No. 849/2024 to 876/2024 are directed to raise plantation and create green belts of requisite width around the periphery/boundary of all the 28 plywood industries and the village roads during forth coming monsoon season in accordance with the recommendations of the Divisional Forest Officer, Yamuna Nagar and to file compliance report in this regard within four months before Ld. Registrar General of this Tribunal.
Prevention and Control of Water Pollution
110. It may be observed here that at the time of inspection of the Plywood Industries HSPCB noticed that 24 plywood industries have the borewells for meeting their water requirements but NoCs obtained by most of them had expired and applications for renewal are pending with Haryana State Ground Water Authority.
111. Needless to observe that Haryana State Ground Water Authority is expected to take appropriate action on the same expeditiously and also to issue appropriate instructions for ensuring that such application for renewal are filed and disposed of before expiry of the permission granted.
112. However, HSPCB has not provided any information regarding borewell in (i) Haryana Joinery Mills, (ii) Global India Wood Industries, (iii) Classic Plywood Industries and (iv) Krishna Enterprises industries claiming the same to be lying closed.
113. It is pertinent to observe here that in the Action Taken Reports HSPCB has mentioned that the plywood industries in question do not generate any trade effluent and that the domestic effluent generated which is less than 10KLD is disposed of through soak pits.
114. The relevant information given by HSPCB in its action taken reports O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 135 dated 20.08.2024 is summarized in the following table:-
Management of extraction of ground water and management and disposal of industrial/domestic effluent Sr. Name of Industry Borewells NOC RWH Trade Domestic Mode of No validity Effluent effluent disposal 1 M/s Wishwanath 02 Up to 01 No trade Domestic Septic Plywood 30.08.2023 effluent effluent Tank/Soak Industries, Applied for <10KLD Pit renewal 2 Jamuna Wood 01 Up to Not No trade Domestic Septic Tech Industries 30.08.2025 provided effluent effluent Tank/Soak <10KLD Pit 3 Heera Product 01 Up to 01 No trade Domestic Septic 20.03.2024 effluent effluent Tank/Soak Applied for <10KLD Pit renewal 4 Kunjan Wood 02 Up to 01 No trade Domestic Septic Industries 17.10.2023 effluent effluent Tank/Soak Applied for <10KLD Pit renewal 5 Burma Boards 01 Up to 01 No trade Domestic Septic 08.09.2024 effluent effluent Tank/Soak <10KLD Pit 6 Duna Panels Pvt. 01 Up to 01 No trade Domestic Septic Ltd. (B K Industry) 02.03.2024 effluent effluent Tank/Soak Applied for <10KLD Pit renewal 7 Pragati Industries 01 Up to 01 No trade Domestic Septic 14.12.2023 effluent effluent Tank/Soak Applied for <10KLD Pit renewal 8 Haploos 01 Up to 01 No trade Domestic Septic Plyboards Pvt. 20,01.2024 effluent effluent Tank/Soak Ltd. Applied for <10KLD Pit renewal 9 Haryana Joinery Lying closed at its own Mills 10 Gokul Enterprises 01 Up to 01 No trade Domestic Septic 02.03.2024 effluent effluent Tank/Soak Applied for <10KLD Pit renewal 11 Nagpal Wood 01 Up to 01 No trade Domestic Septic Industries 28.10.2023 effluent effluent Tank/Soak Applied for <10KLD Pit renewal 12 Bhagwati Udyog 01 Up to 01 No trade Domestic Septic 31.03.2024 effluent effluent Tank/Soak Applied for <10KLD Pit renewal 13 Global India Lying Closed at its Own Wood Industries 14 Baba Plywood 01 Up to 01 No trade Domestic Septic Pvt. Ltd. 06.02.2024 effluent effluent Tank/Soak Applied for <10KLD Pit renewal 15 AR Wood Crafts 01 Up to 01 No trade Domestic Septic Pvt. Ltd. 30.08.2024 effluent effluent Tank/Soak Applied for <10KLD Pit renewal O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 136 16 Luxmi Timbers 01 Up to Not No trade Domestic Septic 06.02.2024 provided effluent effluent Tank/Soak Applied for <10KLD Pit renewal 17 Classic Plywood Lying Closed at its Own Industries 18 Burma Wood 01 Up to Under No trade Domestic Septic Products 27.08.2024 installation effluent effluent Tank/Soak Applied for <10KLD Pit renewal 19 Metro Plyboards 01 Up to 01 No trade Domestic Septic Pvt. Ltd. 20.03.2024 effluent effluent Tank/Soak Applied for <10KLD Pit renewal 20 Alloy Steel & 01 Applied for 01 No trade Domestic Septic Castings permission effluent effluent Tank/Soak application <10KLD Pit approved 21 Vidhata Plywood 01 Up to 01 No trade Domestic Septic Industries 06.09.2023 effluent effluent Tank/Soak Applied for <10KLD Pit renewal 22 Suryodaya Wood 01 Up to 01 No trade Domestic Septic Products 28.07.2024 effluent effluent Tank/Soak Applied for <10KLD Pit renewal 23 Aggarwal 01 Applied for 01 No trade Domestic Septic Plywood permission effluent effluent Tank/Soak Industries application <10KLD Pit approved 24 Jagdamba 01 Up to 01 No trade Domestic Septic Dwellings Pvt. 14.12.2023 effluent effluent Tank/Soak Ltd. Applied for <10KLD Pit renewal 25 Best Panels 01 Upto 01 No trade Domestic Septic Industries 01.04.2024 effluent effluent Tank/Soak Applied for <10KLD Pit renewal 26 Krishna Panels 01 Up to 01 No trade Domestic Septic 30.08.2024 effluent effluent Tank/Soak Applied for <10KLD Pit renewal 27 Krishna Lying Closed and sealed by HSPCB Enterprises 28 Shree Ram Steel 01 Up to 01 No trade Domestic Septic Industries 28.07.2023 effluent effluent Tank/Soak Applied for <10KLD Pit renewal
115. The applicant has claimed that the Project Proponents use water and urea for making glue and said process generates waste water which requires treatment through Effluent Treatment Plant (ETP).
116. HSPCB has not specifically mentioned in its Action Taken Reports as to whether groundwater is used in all the 28 plywood industries in the process of manufacturing of plywood for any purpose or not. HSPCB has O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 137 also not mentioned in its Action Taken Reports about installation of flow meters on the borewells, quantity of ground water extracted, number of employees, actual quantity of domestic waste water/sewage generated and capacity of soak pits. HSPCB has not taken any samples of ground water and has not got the same analyzed.
117. Accordingly, HSPCB is directed to take samples from the borewells and also ground water and get the same analyzed for prescribed parameters not only for domestic effluent but also industrial effluent and take appropriate action on the basis of analysis reports in accordance with law and file report in this regard within three months before learned Registrar General of this Tribunal.
118. All the Project Proponents impleaded as respondents no. 1 in all the 28 cases registered as O.A. No. 849/2024 to 876/2024 are also directed to install flow meters on the borewells and maintain record regarding consumption of groundwater and to file compliance report in this regard within four months before Ld. Registrar General of this Tribunal.
Grievance regarding location of private industries in residential area
119. In the present case the applicant has alleged setting up of plywood industries in residential area in violation of directions given by Hon'ble Punjab and Haryana High Court vide order dated 09.07.2014 passed in Civil Writ Petitions No. 11226/2013 and connected matters but HSPCB has not looked into this aspect. It may also be added here that despite repeated directions by this Tribunal for inspection of 28 plywood industries and submission of reports regarding compliance with environmental norms by them, HSPCB has submitted incomplete reports and has not provided relevant information in respect of some of the O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 138 plywood industries as pointed out herein above without any valid reason/justification. HSPCB is under statutory obligation to ensure compliance by the Project Proponents with the environmental norms and it is expected that HSPCB will discharge said obligation with requisite sensitivity to the cause of protection of environment and commitment to the rule of environmental law.
120. The applicant has not produced any cogent and reliable material before this Tribunal as to setting up of the plywood industries in question in notified residential area to warrant any intervention by this Tribunal at this stage particularly when the applicant has the alternative remedy of filing contempt application before Hon'ble Punjab and Haryana High Court.
121. However, HSPCB is directed to upload the information with relevant details regarding plywood industries in the State of Haryana on its website with compliance status thereof and file report in this regard within three months before learned Registrar General of this Tribunal.
Urgent need for framing of guidelines
122. It may be observed here that guidelines have been framed by MoEF & CC/CPCB regarding sand mining, stone crushers, brick kilns, common bio medical waste treatment plants etc. laying down measures for control of air and water pollution. Plywood industries having pollution index of 78.3 falling in Orange category are acknowledged to cause air and water pollution as reflected by the categorization of the same by CPCB but no guidelines have been issued regarding location, pollution control devices for prevention and control of air and water pollution, safe guards to be adopted in use of chemicals which have carcinogenic properties etc. O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 139
123. Accordingly, MoEF & CC is directed to look into the matter and take appropriate measures for framing of requisite guidelines for plywood industries and to file action taken report in this regard within six months before learned Registrar General of this Tribunal.
Directions by the Tribunal
124. In view of the above discussed facts and circumstances, environmental violations requiring remedial measures, relevant statutory provisions and environmental norms, the original applications registered as O.A. No. 849/2024 to 876/2024 are disposed of with the following directions:-
i. HSPCB is directed to review orders granting consent to operate to (i) M/s. Duna Panels Pvt. Ltd. (B K Industry), (ii) M/s. Pragati Industries, (iii) M/s. Nagpal Wood Industries, (iv) M/s. Baba Plywood Pvt. Ltd., (v) M/s. Metro Plyboards Pvt. Ltd. and (vi) M/s. Krishna Enterprises for incorporating basic information regarding the same, verifying their compliance status and imposing appropriate conditions to prevent and control pollution and protect improvement.
ii. HSPCB is directed to inspect (i) M/s Wishwanath Plywood Industries, (ii) M/s. Heera Product, (iii) M/s. Haploos Plyboards Pvt. Ltd., (iv) M/s. Gokul Enterprises, (v) M/s. Bhagwati Udyog,
(vi) M/s. Global India Wood Industries, (vii) M/s. AR Wood Crafts Pvt. Ltd., (viii) M/s. Luxmi Timbers, (ix) M/s. Alloy Steel & Castings, (x) M/s. Vidhata Plywood Industries, (xi) M/s.
Suryodaya Wood Products, (xii) M/s. Aggarwal Plywood Industries, (xiii) M/s. Jagdamba Dwellings Pvt. Ltd., (xiv) M/s.
Best Panels Industries and (xv) M/s. Krishna Panels to confirm O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 140 whether said plywood industries are having resin plant and manufacturing the chemicals (Phenol Formaldehyde or Melamine Formaldehyde) for captive purpose or procuring the chemicals from outside for manufacturing the final product and in case any of the above said plywood industries is having resin plant and manufacturing chemicals for captive purpose, then to revoke consent and issue order for closure of the resin plant only till obtaining of environmental clearance for the same by the concerned Project Proponent as per provisions of the EIA Notification 2006.
iii. HSPCB is directed to carry out site inspection of the above said units to confirm whether requisite safeguards regarding storage and use of the chemicals formaldehydrate/glue etc. have been adopted by the above said plywood industries and take appropriate action on the basis of the inspection and file its report in this regard within three months before Ld. Registrar General of this Tribunal.
iv. HSPCB is directed to (i) prepare and implement SOP and evolve mechanism for verifying proper disposal of wood ash by the project proponents in accordance with environmental norms/directions given by Hon'ble Supreme Court and this Tribunal and the EC/consent conditions and (ii) to verify the facts regarding disposal of wood ash by the plywood industries in low lying areas and compliance of the conditions regarding storage and transportation of wood ash in accordance with environmental norms/directions given by Hon'ble Supreme Court and this Tribunal.
v. The Project Proponents impleaded as respondent no. 1 in all O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 141 the 28 cases registered as O.A. No. 849/2024 to 876/2024 are directed to maintain proper record regarding generation and disposal of wood ash and also to ensure proper disposal of wood ash in accordance with the environmental norms/guidelines and submit quarterly report to HSPCB in this regard with complete record with copies of all relevant documents regarding disposal of wood ash.
vi. HSPCB is directed to verify the factual position regarding installation and adequacy of air pollution control equipment for prevention and control of air pollution including fugitive emission in all the 28 plywood industries and file its report in this regard within three months before Ld. Registrar General of this Tribunal.
vii. The Divisional Forest Officer, Yamuna Nagar is directed to verify the factual position as to whether all the 28 plywood industries have raised sufficient plantation and to submit report within one month from the date of receipt of copy of this order specifying the deficiencies of plantation in terms of area, location, number and nature of species of trees and suggesting measures required to be taken by all the 28 plywood industries for remedying deficiencies of plantation and the budget amount required for the same.
viii. HSPCB is directed to (i) review the consent to operate already granted and include condition for raising of plantation/creation of green belt in case of plywood industries where no such condition has been imposed and (ii) issue directions to all the Project Proponents impleaded as respondents no. 1 in all the 28 cases registered as O.A. No. 849/2024 to 876/2024 for O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 142 raising of adequate plantation/creation of green belt as per recommendations of Divisional Forest Officer, Yamuna Nagar.
ix. The Member Secretary, HSPCB is also directed to take requisite steps for issuance of appropriate instructions for imposition of condition regarding raising of plantation/creation of green belt at the time of grant of Consent to Establish/Consent to Operate in case of new plywood industry and at the time of renewal of Consent to Operate in case of already existing plywood industry.
x. All the Project Proponents impleaded as respondent no. 1 in all the 28 cases registered as O.A. No. 849/2024 to 876/2024 are directed to raise plantation and create green belts of requisite width around the periphery/boundary of all the 28 plywood industries and the village roads during forth coming monsoon season in accordance with the recommendations of the Divisional Forest Officer, Yamuna Nagar and to file compliance report in this regard within four months before Ld. Registrar General of this Tribunal.
xi. HSPCB is directed to take samples from the borewells and also ground water and get the same analyzed for prescribed parameters not only for domestic effluent but also industrial effluent and take appropriate action on the basis of analysis reports in accordance with law and file report in this regard within three months before learned Registrar General of this Tribunal.
xii. All the Project Proponents impleaded as respondents no. 1 in all the 28 cases registered as O.A. No. 849/2024 to 876/2024 are also directed to install flow meters on the borewells and O.A. No. 849/2024 to Sumit Saini Vs. Wishwanath Plywood O.A. No. 876/2024 Industries & Ors. with connected matters 143 maintain record regarding consumption of groundwater and to file compliance report in this regard within four months before Ld. Registrar General of this Tribunal.
xiii. HSPCB is directed to upload the information with relevant details regarding plywood industries in the State of Haryana on its website with compliance status thereof and file report in this regard within three months before learned Registrar General of this Tribunal.
xiv. MoEF & CC is directed to look into the matter and take appropriate measures for framing of requisite guidelines for plywood industries and to file action taken report in this regard within six months before Ld. Registrar General of this Tribunal.
xv. In case of not filing of the report or further directions being necessary the Ld. Registrar General of this Tribunal shall take requisite steps for listing of the matter before the Bench on judicial side for further orders.
125. A copy of this order be sent by email to the applicant for information and all the respondents impleaded particularly the Member Secretary, HSPCB, the Deputy Commissioner/District Magistrate, Yamuna Nagar and the Divisional Forest Officer, Yamuna Nagar for requisite compliance.
Prakash Shrivastava, CP Arun Kumar Tyagi, JM Dr. A. Senthil Vel, EM May 27th 2025 O.A. No. 849/2024 to O.A. No. 876/2024 AG