National Green Tribunal
Radhe Shyam Sehara vs M/S Ambey Kapada Udyog on 22 July, 2024
Item No. 09 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 355/2024
Radhey Shyam Sehara Applicant
Versus
M/s. Ambey Kapada Udyog Respondent
Date of hearing: 22.07.2024
CORAM: HON'BLE MR. JUSTICE SUDHIR AGARWAL JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None for the Applicant.
Respondents: Mr. Arvind Kumar and Mr. K S Kaptain Advocates for UPPCB
(Through VC).
Mr. Anubhav Anand Aron and Mr. Abhinav Anand, Advocates for
Project Proponent.
ORDER
1. None has appeared on behalf of applicant.
2. Mr. Anubhav Anand Aron and Mr. Abhinav Anand, Advocates are present for M/s Ambey Kapada Udyog (hereinafter referred to as 'Project Proponent') (earlier M/s Ambey Processors) i.e. respondent 6 and Sh.
Arvind Kumar, Advocate is present for respondent 4 i.e. Uttar Pradesh State Pollution Control Board (hereinafter referred to as 'UPPCB').
3. This Original Application was registered on a letter petition dated 23.03.2023 sent by Prayavaran Kranti Sena, Head Office-2/11, Jakir Nagar, Batla House, Okhla, New Delhi through its National President-
Radhe Shyam Sehra. It is said that industrial effluent is being discharged 1 by several industries including M/s. Ambey Kapada Udyog, causing damage to environment as also creating health hazards to the people residing in the vicinity of the said industry. Industrial effluent is also contaminating surface water of the river as a result whereof, aquatic animals are dying.
4. Tribunal took cognizance of the complaint on 01.08.2023 and found it appropriate to obtain a factual Report by constituting a Joint Committee comprising UPPCB and District Magistrate, Gorakhpur.
5. Pursuant to order dated 01.08.2023, Joint Committee through Chief Environment Officer, Circle-6, UPPCB submitted Report dated 10.10.2023, giving details of observations and recommendations in respect of all the industries mentioned in the complaint i.e., M/s. Gallant Sariya Udyog (M/s. Gallant Ispat Ltd.), M/s. Ambey Kapada Udyog, M/s. Rungta Agencies, M/s. India Glycols Ltd. and M/s. Bathwal Lauri Udyog.
Observations and recommendations made by Joint Committee are reproduced as under:
"1. M/s Gallant Sariya Udyog (M/s Gallant Ispat Ltd.,) Plot No. A.L-5, Sector - 23, GIDA, Gorakhpur In Compliance of the above said order above mention unit was jointly visited on 26.09.2023 in presence of the unit representative Sri Bhaskar Tiwari, G.M. H.R. The unit was found in operation/production during the inspection. The details of the observations of site inspection and available records are as under:-
(i) The unit has established in the year of 2009. The unit is an integrated Iron and Steel Industry under the category of large sector and engaged in production of Sponge Iron-
544500MT/yr, M.S Steel Billets-528000MT/yr. Mild Steel Bars- 528000MT/yr and 78 MW Power Generation through Captive Power Plant by using iron ore and pellets, Coal, Dolomite Chips, Sponge Iron, M.S. scrape, Ferro Alloys as raw materials.
(ii) Plant and Machinery including pollution control devises installed in unit and uses of water in premises is as per Table No. 1 2 Table No. 1 Sr. Plant & Capacity Fuel APCS Stack Water uses Waste No. Machinery Installed Height water generation
1. Kiln no. 350 MT/ Coal Two set 40 Mtr. Boiler Feed, Boiler blow 1&2 with Batch of commo Cooling & down and waste heat Each Cyclone n stack ash latchet of recovery Dust quenching ash boiler of 38 Collector quenching TPH each & ESP
2. Kiln no.3 600 MT/ Coal Two set 60 Mtr. Boiler Feed, Boiler blow Batch of Cooling & down and Cyclone ash latchet of Dust quenching ash Collector quenching & ESP
3. Induction 30 MT/ Electrici Hood 33 Mtr. Cooling of Recycle Furnace 02 Batch ty and Induction no. Each ducting Furnaces with bags filters
4. Induction 27.5 Electrici Hood 33 Mtr. Cooling of Recycle Furnace 02 MT/ ty and Induction no. Batch ducting Furnaces Each with bags filters
5. Induction 22.5 Electrici Hood 33 Mtr. Cooling of Recycle Furnace 02 MT/ ty and Induction no. Batch ducting Furnaces Each with bags filters
6. Continuous 30 MT/ Nil Hood 33 Mtr. Cooling in Recycle in Billet Batch and bag Rolling Mill Cooling Costing house Process Machine/ filters Section
7. Power 40 TPH Coal ESP 60 Mtr. Boiler Feed Boiler blow Plant Cooling & down, drag Boiler no. ash out of 1 quenching cooling towers and latchet of ash quenching
8. Power 110 TPH Coal ESP 90 Mtr. Boiler Feed Boiler blow Plant Cooling & down, drag Boiler No. ash out of 2 quenching cooling towers and latchet of ash quenching 3
9. D.G. Set 2000 Diesel Silencer No Cooling Recycle KVA proper stack
10. D.G. Set 1350 Diesel Silencer No Recycle KVA proper Cooling stack
11. D.G. Set 1250 Diesel Silencer No Cooling Recycle KVA proper stack
12. D.G. Set 650 KVA Diesel Silencer No Cooling Recycle proper stack
13. Raw 60 MT Nil/proc Hood 33 Mtr. Nil Nil materials ess ducting handling Emissio & bags and began ns filters unloading system
14. Process Mechani Electric Covered 33 Mtr. Nil Nil emission cal Motor conveyin from convince operate g system overhead system d & induce conveyers ducting used for and bag material house handling/ filters conveyanc e system at
(iii) As per the above table No.1 waste water generated from the process is boiler blow down, cooling towers blow down, latchet, waste water received from the ash quenching and steam Condensate art collected in open pucka pond through open drains situated in industrial premises, which is naturally settled in pond and above overflow of the pond is filtered by sand filter and corban filter and recycled in cooling process, dust separation on roads and ash quenching within the premises. During the inspection no any waste water was found discharged outside the premises.
(iv) Unit has employed 1700 permanent and 300 casual employee and 600 employees are residing in unit residential colony. Approximately 300 KL per day waste water/sewage generated from the premises. For treatment of the above sewage generated, 300 KLD capacity of STP has installed and found operational during inspection. Treated sewage waste water sample has been also collected from final outlet of the STP and submitted/sent to Central Laboratory. U.P. Pollution Control Board, Lucknow for analysis. As per the analysis report received from Central Laboratory, the parameters of the outlet of S.T.P. waste water sample is as per table no. 2.
Table no. 2
4
Sampling Unit Outlet of Prescribe
location/Parameter STP Standards
pH - 7.79 6.5 to 8.5
T.S.S. mg/l 68.0 100
T.D.S. mg/l 1072 2100
T.S. mg/l 1140 -
BOD mg/l 24.0 30
COD mg/l 172 250
T.C. MPN 3500 -
F.C. MPN/100ml 790 1000
OBSERVATIONS
As per the Table No. 2 the Concentration of parameters in the outlet of STP is as per norms of the standards stipulated by CPCB/UPPCB.
➢ At the time of inspection STP treated waste water is being reused in irrigation of green belt of the unit premises.
➢ The unit is consented by UPPCB under Water acts by UPPCB vide letter no. 171228/UPPCB/Gorakhpur (UPPCBRO)/CTO/BOTH/GORAKHPUR/2022 dated 13.12.2022 valid up to 31.12.2023 copy of the consent order is enclosed as annexure no. 1.
As per the consent water condition the unit is allowed to operate for maintained ZLD status.
The unit has installed three no. of bore wells for abstraction of ground water and digital flow meters installed at each bore wells and maintained proper log book for recording daily water consumption.
2. M/s Ambey Kapada Udyog (M/s Ambey Processer), FL-2 & F.L.- 3, Sector-13, GIDA, Gorakhpur.
In Compliance of the above said order above mention unit has jointly visited on 10.08.2023 in presence of the unit representative Sri Santosh Parikh, owner of unit. The unit was found in operation/production during the inspection. The details of the observations of site inspection and available records are as under:-
(i) The unit was established in the year of 1995 an engaged in processing/bleaching and dying of polyester and viscous fabrics-16 MT/Day from each campus using grey fabrics, dyes, bleaching and dying chemicals as a raw materials.
(ii) The unit has two campus, one is Ambey Processers and Second is Bathwat Udyog which is purchased and merged in Ambey Processers units. The details of the Plant and 5 Machinery installed in campus 1 and campus 2 is as per Table No-3.
Table no-3 Sr. Plant & Capacity Fuel APCS Stack Water Waste water No Machinery Install Height use generation ed 1 (i) Boiler no. 6 TPH Risk Two Set 30 Mtr. Boiler Boiler blow 1& Husk of Common Fed down and Cyclone Stack & latchet of ash
(ii) Thurmic 15.0 Rise Dust ash quenching Fluid Heater Lakh Husk quen Kilo ching Calorie 2 (i) Boiler no. 3 TPH Risk Two Set 30 Mtr. Boiler Boiler blow 2& Husk of Common Fed down and Rise Cyclone Stack & latchet of ash
(ii) Thurmic 15.0 Husk Dust ash quenching Fluid Heater Lakh quen Kilo ching Calorie
(iii) The unit has obtained consent to operate under Water acts by UPPCB vide letter no 146686/UPPCB/Gorakhpur (UPPCBRO)/CTO/Water/GORAKHPUR/2021 dated 25-4- 2022 and Air acts by UPPCB vide letter no. 146690/UPPCB/ Gorakhpur (UPPCBRO)/CTO/Air/GORAKHPUR/2021 dated 25-4-2022 valid up to 31-12-2026 copy of the consent order is enclosed as annexure no. 2
(iv) The unit has obtained Authorization under Hazardous and other waste (Management and Transboundary movement) rules 2016 by UPPCB vide letter no. 6093 /UPPCB/ Gorakhpur (UPPCBRO/HWM/GORAKHPUR/201 dated 15- 2-2019 valid up to 20-2-2024 copy of authorization is enclosed as annexure no 3.
(v) The unit has obtained NOC for abstraction of ground water from Ground Water Department vide NOC no. NOC 054315 dated 08.5.2023 which is valid upto 30.7.2026 copy of the NOC is enclosed as annexure no. 4.
OBSERVATIONS
(i) Unit has installed jet and jigger types dying machines for bleaching/scovering and dying of polyester and viscous fabrics in both campus F.L.-2 and F.L-3.
(ii) Unit has installed 500 KLD capacity of separate two no. of E.T.P. in each campus for treatment of waste water generated from the dying and bleaching process (Photographs enclosed).
6(iii) Unit has installed two bore wells with digital flow meters in each campus for abstraction of ground water for full fill of domestic and industrial requirements. Dally records of the bore wells readings log book maintained.
(iv) Unit has maintain one common final outlet of both campus treated waste water near the office block. OCEMS system, web camera has installed with final outlet discharge point and connected with UPPCB and CPCB servers. At the time of inspections the parameter of the treated waste water was shown on screen of the OCEMS is Ph-7.11, BOD-10.30 mg/l, COD-62.1mg/l, TSS-14.2 mg/l. Photograph of the OCEMS screen is annexed as annexure no. 5.
(v) At the time of inspections from following points (as per table no. 4) waste water samples from E.T.P. of unit has been collected and submitted/Sent to Central Laboratory, U.P. Pollution Control Board, Lucknow for analysis. As per the analysis report received the parameter of the water sample is as per table no. 4.
Table no.4
Sampling Unit E.T.P.-1 E.T.P.-2 Final Prescribe
location/ Equalizati Aeration Outlet Equalization Aeration Outlet common Standards
Parameter on Tank/ tank Tank/ tank Outlet
Inlet of Inlet of
E.T.P. E.T.P.
pH - 6.87 - 7.24 6.76 - 7.72 7.69 6.5 to
8.5
T.S.S. mg/l 162 - 38 174 - 28 36.0 100
T.D.S. mg/l 2183 - 674 1792 - 565 678 2100
T.S. mg/l 2345 - 712 1266 - 393 714 -
BOD mg/l 368 - 24 281 - 28.6 28 30
COD mg/l 772 - 142 698 - 142 140 250
(vi) The unit has installed digital water flow meters at each inlet
and outlet of the both campus E.T.P. and there logbooks are maintained in Unit. The copy of the logbooks is enclosed as annexure no. 6.
(vii) The E.T.P. treated waste water is being partially recycle in process and rest is discharged in GIDA Industrial drain which is ultimately meets in Ami River through Sariya Drain. Separate Digital Flow Meters for recycled water have also found installed in unit.
7(viii) As per the table no. 4 the parameters of the final common treated water discharged in GIDA drain is found within the norms of the standards stipulated by CPCB.
(ix) Log book for recording of ground water abstraction, treated waste water, recycled waste water and discharged waste water has maintained by the units. Copy of logbook enclosed as annexure no. 7.
(x) The unit has permitted to discharge 500KLD treated waste water outside the premises as per the water consent issued by UPPCB.
(xi) No any bye pass system for discharge of untreated effluent was found maintained in unit during inspection.
3. M/s Bathwal Lauri Udyog (M/s Bathwal Udyog Pvt. Ltd.), FL- 3, Sector-13, GIDA, Gorakhpur.
The unit M/s Bathwal Laari Udyog has purchased by M/s Ambey Processors and operated jointly at the site. Hence there is a no separate unit in the name of M/s Bathwal Udyog is being found operational at the time of inspection.
4. M/s Rungta Agencies (M/s Rungta Industries Pvt. Ltd.), BL-1, Sector-15, GIDA, Gorakhpur.
In Compliance of the above said order above mention unit has jointly visited on 23.08.2023. In presence of the unit representative Sri Shiv Kumar Pandey, Manager of unit. The unit was found in operation/production during the inspection. The details of the observations of site inspection and available records are as under:-
(i) The unit has established in the year of 2006 an engaged in production of rice bran oil 50 MTD) and D-Oiled Cake-
250MTD using rice bran 350 MTD and hexane (solvent) as a raw materials.
(ii) The unit has obtained consent to operate under Air and Water acts by UPPCB vide letter 171812/UPPCB Gorakhpur (UPPCBRO)/CTO/Both Gorakhpu2022 dated 28.12.2022 valid up to 31.12.2024 copy of the consent order is enclosed as annexure no. 8.
(iii) Plant and Machinery including pollution control devices installed in unit and water uses in premises is as per Table No. 5.
8
Table no.5
Sr. Plant Capacity Fuel APVS Stack Water Waste
No. & installed height use water
Machinery generation
1 Steam 8 TPH Rice Two Set 30 Boiler Boiler
Boiler Husk of Mtr. Feed & blow
Cyclone as down
Dust quenchin
g
2 Solvent 50 Nil/ Dust N.A. Cooling of Steam
Extraction Mt/Day Steam Collector condensers Condensate
Plant with and process
Rice Vacume
Bran Pumps
handling Waste Water
system
3 D.G. Set 630 KVA H.S.D. Acoustic As - -
& 200 Enclosure per
KVA nor
ms
(iv) Unit has installed 20 KLD capacity of E.T.P. based on
Physiochemico treatment and activated sludge process. Treatment units install in ETP is as under:-
(a) Oil Grease Trap (b) Equalization Tank with Temperature Cooling Tower
(c) Flocculation Tank (d) Chemical Dosing Tank
(e) Primary Settling Tank (f) Aeration Tank (g) Secondary Settling Tank
(h) Deuel Media Filter (i) Sludge Dying Beds As per table no. 6 waste water samples from E.T.P. install in unit has been collected at the time of inspections and Sent to Central Laboratory, U.P. Pollution Control Board, Lucknow for analysis. As per the analysis report received, The parameter of the waste water sample is as per table no. 6.
Table no. 6 Sampling Unit Inlet of Outlet of Final Prescribe location ETP ETP Outlet Standards Parameter pH - 7.35 7.85 7.62 6.5 to 8.5 T.S.S. mg/l 292 64 58 100 T.D.S. mg/l 2379 1450 1862 2100 T.S. mg/l 2671 1514 1920 -
BOD mg/l 424 38 36 30
COD mg/l 1296 176 168 250
9
Observations:
➢ As per the above table no. 6 the concentration of the B.O.D. parameter in treated effluent/outlet of E.T.P. and Final Outlet of factory are found 38mg/l and 36 mg/l which is not as per the prescribed norm of the CPCB. Hence unit is found not complying the consent conditions and waste water discharge norms of the CPCB.
➢ Unit has maintained bypass system before oil and grease trap of E.T.P. (Photograplı enclosed).
➢ Unit has installed one digital flow meter at outlet of ETP which is found not functional and no digital flow meter installed at inlet of ETP to measure the daily waste water generated from process, and no logbook/records maintain by the unit hence, it cannot be denied that unit can not discharge untreated effluent through bypass system installed at ETP.
➢ Due to non compliance of the condition of the water consent order dated 28.12.2022, UPPCB, Lucknow has issued Show Cause Notice vide letter no. H 01610, dated 06.10.2023 under section 33A of water (Prevention and Control of Pollution) Act, 1974 as it amended 1978 for imposing of Rs. 10,000.00 per day Environmental Compensation. A copy of the above show cause notice dated 06.102.2023 is enclosed as annexure no. 11.
5. M/s India Glycols Ltd., E-1, Sector-13, GIDA, Gorakhpur.
In Compliance of the above said order unit has jointly visited on 16.08.2023 and 26.09.2023. In presence of the unit representative Sri Shilendra Pandey, Unit Head. The unit was found in operation/production during the inspection. The details of the observations of site inspection and available records are as under:-
(i) The unit has established in the year of 2006 and engaged in production of Ethyl Alcohol & Ethanol using molasses and grain as a raw materials. The installed capacity of the unit is 260 KLD i.e. (150 KLD Alcohol production from molasses and 110 KLD Alcohol Production from Grains).
(ii) The unit has obtained consent to operate under Water acts by UPPCB vide letter no. 146262/UPPCB/Gorakhpur (UPPCBRO)/ CTO/Water/GORAKHPUR/2021 dated 03.01.2022 and Air acts by UPPCB vide letter no. 146249/UPPCB/ Gorakhpur (UPPCBRO)/ CTO/Air/GORAKHPUR/2021 dated 03.01.2022 valid up to 31.12.2023 copy of the consent order is enclosed as annexure no. 9.10
(iii) The unit has consented under water act by UPPCB for Zero Liquid discharge condition in premises.
(iv) Plant and Machinery including pollution control devises installed and water uses in premises is as Table No. 7.
Table no. 7 Sr.N Plant & Capaci Fuel APCS Stack Water Waste o. Machine ty Installed Height uses water ry generation 1 Boiler 45 TPH Coal- Two set of 60 Boiler Boiler blow No. 1 40MT Cyclone Dust Mtr. Feed, down and D, Collector & Cooling & latchet of Rice ESP ash as Husk- quenching quenching 110 MTD, Slop-
190 MTD 2 Boiler 35 TPH Coal- Two set of 40 Boiler Boiler No. 2 20MT Cyclone Dust Mtr. Feed, blow down D, Collector & Cooling & and Rice ESP ash latchet of Husk- quenching as 90 quenching MTD, Slop- 114 MTD 3 Boiler 55 TPH 18 E.S.P. 90 Boiler Boiler No. 3 TPH Mtr. Feed, blow down Slop, Cooling & and 6.23 ash latchet of TPH quenching as Rice quenching Husk 4 D.G. Set 1050 H.S.D. No As Cooling Nil KVA x Canopy/inst per 3 no. alled in norm closed raw s
Flow Chart of mfg process of Alcohol from molasses and grain is enclosed as annexure no. 10 The main use of fresh ground water in unit is, Boilers Feeds, Dilution of Molasses and Cooling process. Unit has installed three nos of Bore Wells in premises for abstraction of ground water. Digital flow meters installed at each bore wells and maintained daily records of the water abstracted (Log book enclosed).
➢ The unit has installed M.E.E for treatment/concentration of spent wash generated from distillation process. Concentrated 11 spent wash (Slop) received from MEE Unit are used/fired in slope fired boilers with coal/rice husk as a fuel.
➢ For treatment of condensate water received from MEE Unit and spillage/leakage waste water from unit campus, unit has installed 1500 KLD capacity of E.T.P (C.P.U.) ➢ At the time of inspection all the units of E.T.P.(C.P.U.) has found operational and finally treated waste water is recycled for molasses dilution and make up water for cooling towers in premises.
➢ Waste water samples of C.P.U. from inlet and outlet has collected on dated 16.08.2023 and sent to central laboratory to UPPCB, Lucknow. The analysis report received from Central Lab (enclosed). The parameters of the samples as per below table no. 8.
Table no. 8
Sampling Unit Inlet of Outlet of Final Prescribe
location CPU CPU Outlet of Standards
Parameter STP
pH - 3.23 7.23 7.82 6.5 to 8.5
T.S.S. mg/l 468 56 64.0 100
T.D.S. mg/l 2880 898 1042 2100
T.S. mg/l 3348 954 1106 -
BOD mg/l 1260 14 22.0 30
COD mg/l 3654 106 146.0 250
Total MPN/100ml - - 2200 -
Coliform
Fecal MPN/100ml - - 700 1000
Coliform
➢ As per the above table No-9, all the parameters of the treated samples (Outlet of CPU) are found within the prescribe norm of the CPCB.
➢ For treatment of domestic waste water/sewage generated from the unit premises, 25 KLD capacity of S.T.P. has installed and found operational, during joint inspection. Sample of Treated sewage water from outlet of S.T.P. has been also collected on dated 26.09.2023 and sent to Central Laboratory UPPCB, Lucknow, the Concentration of parameters in the outlet of STP is as per norms of the standard stipulated by CPCB/UPPCB.
Observations:
➢ Unit has install digital flow meters for assessing of daily total spent wash generated, spent feeded in MEE, condensate 12 received from MEE, concentrate received from MEE and feeded in slope fired boilers.
➢ Unit has install digital flow meters and log book for maintaining daily records of CPU, Inlet, outlet and recycled quantity of treated waste water.
➢ No any bye pass system for discharge of untreated effluent was found maintained or seen in unit during inspection. Unit was found complying ZLD conditions as imposed in consent order issued by the UPPCB.
Compliance Status of The Tribunal Order dated 13.9.2022 in O.A.No.116/2014 Meera Shukla v/s Municipal Corporation Gorakhpur and others.
In compliance of the above order regarding industrial pollution control, establishment of CETP and rejuvenation of River Aami, River Tapti and others. Gorakhpur Industrial Development Authority (GIDA) has proposed 7.5 MLD capacity of C.E.T.P. for treatment of industrial effluent received from GIDA industrial area. GIDA has issued order to U.P. Jal Nigam (Gramin Unit), Gorakhpur for setup 7.5 MLD CETP. Land for setup C.E.T.P. near the Aami River and Saraiya Drain has been purchased and U.P. Jal Nigam has prepared D.P.R. and submitted for approval from the concern departments. Construction works for proposed CTEP has yet not started up to joint inspection time.
Action Taken Report against Defaulter Unit M/s Rungta Agencies (M/s Rungta Industries Pvt. Ltd.), BL-1, Sector-15, GIDA, Gorakhpur.
➢ As per the inspection dated 23.08.2023 the unit was found non complying in respect to water (Prevention and Control of Pollution) Act, 1974 as it amended 1978. The parameter of the final treated effluent which is being discharge outside the premises (GIDA Drain) are not as per the prescribed norms of the CPCB. Due to non compliance of the condition of the water consent order dated 28.12.2022, UPPCB, Lucknow has issued Show Cause Notice vide letter no. H 01610, dated 06.10.2023 under section 33A of water (Prevention and Control of Pollution) Act, 1974 as it amended 1978 for imposing of Rs. 10,000.00 per day Environmental Compensation and Closure of Industry."
6. Report was considered by Tribunal on 13.10.2023. It was observed that Joint Committee's Report shows that M/s. Gallant Sariya Udyog (M/s.
Galllant Ispat Ltd.), M/s. Ambey Kapada Udyog (M/s. Ambey Processor), 13 and M/s. India Glycols Ltd. were compliant. However, Tribunal found that Joint Committee has not looked into the aspects, whether the said units required Environmental Clearance (hereinafter referred to as 'EC') and if so, whether EC was granted and also whether there is compliance on the part of the said industries in respect of conditions of EC (if any require) and Consent to Establish (hereinafter referred to as 'CTE') and Consent to Operate (hereinafter referred to as 'CTO') conditions in respect of carrying out their plants/industrial units as also CSR/CER activities, generation and disposal of fly ash and quality of water qua presence of heavy metals.
7. Joint Committee, therefore, was directed to submit a further Report within three months.
8. Tribunal also impleaded following as respondents 1 to 8 and issued notices to them, requiring them to file their responses:
(i) State of Uttar Pradesh through Chief Secretary, Government of Uttar Pradesh,
(ii) Chairman, Gorakhpur Industrial Development Authority,
(iii) District Magistrate, Gorakhpur,
(iv) UPPCB, through its Member Secretary,
(v) M/s. Gallant Sariya Udyog (M/s Gallant Ispat Ltd.),
(vi) M/s. Ambey Kapada Udyog (M/s Ambey Processer),
(vii) M/s. Rungta Agencies (M/s Rungta Industries Pvt. Ltd.), and
(viii) M/s. India Glycols Ltd.
9. Pursuant to above order dated 13.10.2023, Joint Committee through Chief Environment Officer, Circle-6, UPPCB submitted Additional Report dated 02.02.2024 stating that M/s. Gallant Sariya Udyog and M/s. India Glycols Ltd. have obtained EC vide letters dated 18.10.2027 and 22.08.2005 respectively.
1410. With regard to respondent 6, Project Proponent, report says that provisions of EIA 2006 requiring prior EC are not applicable to proponent.
11. Reply dated 02.04.2024 has also been filed by respondent 6 stating that provisions of prior EC are not applicable to the proponent since it is a textile, dyeing and processing industry and not covered by Schedule I of EIA Notification of 14.09.2006. With regard to compliance of condition of Consent to Establish (hereinafter referred to as 'CTE') and Consent to Operate (hereinafter referred to as 'CTO') the same have been obtained and all conditions are complied with and there is no otherwise report by statutory authorities. With regard to plantation also it is said that a total campus area is about 6 acres and proponent has developed green belt within premises and also made plantation outside the premises in consultation with authorities. The total plantation/green belt developed is approximately 7200 sq mtr land. Details of the plants have been given in para 28 of the reply. On the aspect of Corporate Social Responsibility (CSR) /Corporate Environmental Responsibility (CER) activities it is said that under Section 135 of Companies Act, 2013, the provisions of CSR are not applicable upon proponent since neither its net worth is 500 crores or more nor its turnover is 1000 crore nor its net profit is 5 crores or more during immediately preceding financial year.
12. On the aspect of CER activities, proponent has said that it has installed two ETPs for each unit, 04 Nos. of cyclone type dust collector, (02 Nos. of cyclone type dust collector, one each for boilers, and thermopack in each unit), 02 Nos. of stack for flue gas emission (one stack in each unit), electromagnetic flow meter at the inlet and outlet of both the ETPs, 01 No. of Online Monitoring System at combined outlet of both ETPs, 01 No. of PTZ Night Vision Camera at the final outlet of the answering Respondent.
15Further, proponent has installed rooftop rain water harvesting system in both its units and also rain water recharging system in natural ponds in nearby villages i.e. Judian and Sihapar. Proponent is spending about Rs.
5-6 lakhs per annum in maintenance of roof top rain water harvesting system, rain water recharge system and plantation and also approximately Rs. 29-30 lakhs every year on operation and maintenance of ETPs and APCS. With regard to generation and disposal of fly ash and quality of water in respect of presence of white metals, reply of respondent 6 reads as under:-
30. Generation and Disposal of Fly Ash: That the details of the generation and disposal of the Fly Ash by both the units of the answering Respondent from October, 2023 to December, 2023 is given in the table below:
Particul Type Oct, 23 Nov, 23 Dec, 23
ar of of Fuel
Source used Fuel Ash Ash Fuel Ash Ash Fuel Ash Ash
Used Gen. Disp. Used Gen. Disp. Used Gen. Disp.
Boiler Rice (MD
750 (MT) 112.5
112.5 (MT) (MT)
638 (MT)
95.7 (MT)
95.7 (MT)
840 (MD
126 (MT)
126
Husk
Thenno Rice 700 105 105 616 92.4 92.4 812 121.8 121.8
pack Husk
Total 1450 217.5 217.5 1254 188.1 188.1 1652 2472 247.8
That from the above table, it 's clear that the ash generation between October, 2023 to December, 2023 of the answering Respondent is 217.2 MT, 188.1 MT and 247.8 MT respectively and the whole generated ash was being disposed off in a scientific manner in filling of low lying industrial plots situated in GIDA.
31. Quality of water qua presence of heavy metals: That the answering Respondent collected ground water samples from the borewells situated within the premises of the answering Respondent, samples of untreated effluent and samples of treated effluent of 09.01.2024 and send the said samples to the MOEF & CC, Govt. of India approved laboratory i.e. M/s Environmental and Technical Research Centre, 2/261 Vishwas Khand, Gomti Nagar, Lucknow for thorough analysis.
That as per the analysis report of the said samples, the values of all the water polluting parameters for discharge from a textile industry notified by MOEF & CC, Govt. of India were found within the prescribed limits and heavy metals were not detected in the said samples. True copy of the Analysis Report issued by 16 M/s Environmental and Technical Research Centre, Lucknow is annexed as Annexure: R6/14."
13. We also find from record that earlier proponent was extracting ground water from two bore-wells and now it has 04 bore-wells. Documents appended to reply of proponent show that it has obtained NOC from U.P Ground Water Department valid from 12.08.2021, 31.07.2021, 19.07.2023 and 19.07.2023 respectively. Two bore-wells were reported in Joint Committee Report and one of htem was installed in 1995 and another was energized in 2005. Hence, prior to 12.08.2021 and 31.07.2021, respectively, there was no permission obtained by proponent in respect of extraction of ground water from competent authority. Learned counsel appearing for proponent however stated that he has placed on record recent documents and whether earlier permission from CGWA was obtained or not is to be examined.
14. We direct UPPCB that so far as this aspect is concerned, matter may be examined by it and if find that prior to obtaining permission from U.P Ground Water in respect to two bore-wells installed earlier, there was no permission from competent authority, appropriate action shall be taken and environmental compensation in accordance with law after giving due opportunity of hearing to proponent shall be assessed and recovered by UPPCB by completing the exercise within two months.
15. No other violation has been found on the part of the proponent and hence no further order is required.
1716. Subject to above directions, this original application is disposed of.
Sudhir Agarwal, JM Dr. Afroz Ahmad, EM July 22, 2024 Original Application No. 355/2024 AB 18