National Green Tribunal
Dimpal Kumar vs State Of Punjab on 25 February, 2026
Item No. 1B Court No. 1
BEFORE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 295/2023
(IA No 42/2025 & IA No 218/2025)
Dimpal Kumar Applicant
Versus
State of Punjab & Ors. Respondent(s)
Date of reserve of order: 16.09.2025
Date of pronouncement of order: 25.02.2026
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. Raj Panjwani, Senior Advocate with Mr. I.K. Kapila, Adv. for Applicant
Respondent: Mr. Rahul Mehra, Senior Advocate, Mr. M.S. Bedi, AG, with Ms. Baani
Khanna, Mr. Chatanya Gosain, Mr. Robin Singh & Mr. Hanif, Advs. for
the State of Punjab
Mr. A.D.N. Rao, Senior Advocate with Mr. Rahul Mishra, Mr. Rahul
Gupta, Ms. Deepti Gupta, Ms. Ankeeta Appanna & Ms. Himanshi Gupta,
Advs. for R - 8 to 20
Mr. A.R. Takkar, Ms. Aastha Tyagi, Mr. Manan Takkar, Mr. Yash Dewan
& Mr. Prince Sharma, Advs. for R - 3
Ms. Suhasini Sen, Ms. Supraja V. & Ms. Masooma Rizvi, Advs. for MoEF
& CC
Mr. Aman Dubey & Mr. J.H. Jafri, Advs. for PPCB
Mr. Anuj Bhandari, Adv. for CPCB
Mr. Ashutosh Bhardwaj, Adv. for R - 3
Ms. Madhu Sweta & Mr. Yash Kapoor, Advs. for R - 4 (Through VC)
Mr. Prashant Manchanda, Adv. for R - 5
ORDER
JUSTICE PRAKASH SHRIVASTAVA (CHAIRPERSON)
1. In this Original Application (OA), the applicant has made allegation of violation of air quality norms by the coal furnaces operating in Mandi Gobindgarh, Punjab, engaged in recycled steel production, Ceramics/Refractory, Cupola Furnaces, Forging Induction furnaces, Lead Smelting units, Rolling Mills, Plyboard, Milk Plant and Pyrolysis Plants. The applicant had prayed for a direction to respondent nos. 1 and 2 to close all industries using coal-based furnaces till they convert and use PNG as fuel. The applicant has also prayed for shifting of the non-conforming industries 1 to conforming areas, compliance of Hazardous and other Wastes (Management & Transboundary Movement) Rules, 2016, assessment of the carrying capacity etc.
2. The Tribunal by the order dated 21.04.2023 considering the issue involved in the matter had constituted the joint Committee for furnishing a factual and action taken report by directing as under: -
"10. Accordingly, we constitute a joint Committee of CPCB, State PCB and District Magistrate to undertake visit to the site, interact with stakeholders and furnish a factual and action taken report in the matter within two months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF. State PCB will be the nodal agency for coordination and compliance. The report may be holistic on the subject of restoring environmental quality in the critically polluted area in question. The affected parties may be put to notice of these proceedings by the State PCB to enable them to file their response, if any, before the next date."
3. The joint Committee had submitted the final report finding that about 220 industries of different nature were operating in the industrial region of Mandi Gobindgarh area. It also noted that the Punjab Pollution Control Board (PPCB) had engaged IIT, Delhi to conduct source apportionment study of Mandi Gobindgarh. It has taken note of the units which were found to be violating the environmental norms. The joint Committee also noted that some of the units had started using PNG but on account of the increase in the PNG price they reverted back to the use of coal as fuel. It also found that the State Government on the representation of Industrial Association had taken the sympathetic view and extended the temporary relief to use coal till the fuel policy of the State was notified. Subsequently, the State of Punjab had notified fuel policy on 04.10.2023 by adopting the usage of clean fuel. Therefore, the temporary relief granted to the industries became infructuous and the industries were required to use the cleaner fuel.
4. The applicant had also filed a response/objection to the final report of the joint committee on 05.12.2023.
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5. The PPCB has filed the reports dated 25.11.2023, 04.04.2024, 12.07.2024, 12.12.2024 and 21.07.2025 disclosing the status of compliance by the industries from time to time.
6. The respondent no. 3-All India Steel Rerollers Association (AISRA) by filing the reply affidavit dated 11.03.2024 took the stand that the major cause of increase in air pollution in Mandi Gobindgarh is attributed to the movement of old/heavy vehicles and road dust is another major cause for air pollution in the area. Further plea is taken that Mandi Gobindgarh is an industrial town and more than 600 industries are running within a radius of 5 km and it is also known as "Steel City of Punjab" or "Loha Mandi" due to the large number of steel factories. It has also been stated by the respondent no. 4 that in compliance of the direction of the Tribunal in the case of Neeraj Goyal v. State of Punjab & Ors. (OA No. 924/2019), 80% of the rolling mills of Mandi Gobindgarh had shifted to the PNG but on account of the increase in the price of PNG, the units were unable to compete and some meeting with the gas supply companies was in progress.
7. The respondent no. 4-National Highways Authority of India (NHAI) had also filed a reply dated 15.10.2024, disclosing the action initiated against the NHAI and that after the hearing, the direction was issued by the PPCB as follows: -
"4.9. On 13.02.2024, the hearing was held with the parties and thereafter the Chairman of the Board, PPCB decided as under:
a. NHAI shall comply with C&D waste rules in true letter & spirit and shall shift the entire waste stored along with National Highway, passing through Mandi Gobindgarh and Khanna to the designated site, within 15 days and submit report at Regional Office, Fatehgarh Sahib.
b. NHAI shall remove the loose earth from both sides of National Highway, passing through Mandi Gobindgarh & Khanna within 15 days and shall use sprinkling of treated wastewater atleast two times per day to suppress the dust emissions.
c. NHAI shall plant suitable varieties of plants along both sides of the National Highway within three months and shall pursue 3 the matter with District Administration to stop the illegal parking of vehicles along the National Highway. NHAI shall also pursue the matter of over loaded vehicles with District Administration.
d. NHAI shall ensure that there is no littering of any type of solid waste along the National Highway and shall direct the food courts especially near the toll plazas to provide appropriate bins for storing their waste and dispose off the same in environmentally sound manner.
e. NHAI and Municipal Council, Mandi Gobindgarh shall carryout the repair work/black topping/ removal of potholes, wherever required within one month.
f. Municipal Council, Mandi Gobindgarh shall carryout the sprinkling of treated wastewater from STP of capacity 25 MLD atleast twice a day to suppress the dust emissions from the roads in its jurisdiction and shall maintain the logbook.
g. Municipal Council, Mandi Gobindgarh shall provide GPS system over its tankers used/to be used to spray treated wastewater and shall share the link with the Environmental Engineer, Regional Officer, Fatehgarh Sahib, so as to monitor the movement of the same.
h. Environmental Engineer, Regional Office, Fatehgarh Sahib shall check the logbooks maintained by the tankers used for sprinkling of wastewater treated in Mandi Gobindgarh STP of capacity 24 MLD over the roads and shall submit its report within 15 days.
i. Environmental Engineer, Regional Office, Fatehgarh Sahib and MC, Mandi Gobindgarh shall conduct a survey of the roads of Mandi Gobindgarh regarding maintenance of the roads and shall submit the report along with recommendations within one month.
j. Municipal Council, Mandi Gobindgarh shall ensure that there is no littering & burning of any type of solid waste in its jurisdiction.
k. The Executive Engineer, Construction Division, PWD B&R Sirhind and Executive Engineer-II, PSIEC, Sector 17, Chandigarh be given another opportunity of personal hearing before the Chairman of the Board shall be given."
8. According to the NHAI, the above directions were duly complied with.
9. The respondent no. 3-AISRA had filed the additional reply dated 16.12.2024, reiterating that in compliance with the order of the Tribunal in OA 924/2019, the steel rolling mills had converted their industrial process and had started using PNG as a fuel which was hampered on account of the 4 increase in PNG prices and that such increase has put the industries in the neighbouring areas in the advantageous position since they were using the coal which was significantly cheaper as compared to PNG.
10. The private respondents no. 8 to 20 had also filed their separate reply dated 07.01.2025 opposing the OA.
11. The respondent no. 5-Municipal Council Mandi Gobindgarh by filing the reply dated 13.01.2025 had disclosed the steps which the Municipal Council had taken, such as, mechanical sweeping and dust separation, installation of the anti-smoke guns, water sprinklers etc. It has disclosed the following steps which have been taken to reduce air pollution in the area:-
"20. That, the Deponent further submits that in addition, the Answering Respondent has broadly taken following key steps and measures to reduce Air Pollution and bring it within the plan objectives of Clean Air Program 2019 for Mandi Gobind Garh, and same are being enumerated below -
i. Plans are sanctioned as per provisions of Master Plan notified.
ii. MC permitted IRM Limited to lay gas pipe line within MC Limits of Gobindgarh.
iii. The Answering Respondent periodically from time to time issued notices as well as taken prohibitive steps as mandated under the law to for ensuring closure of non-complying industrial units.
iv. Optimal and judicious use of resources to meet the Clean Air Program 2019 objectives. This includes the NCAP Grant received and spent. Spent about 80% The grant has Municipal Council efficiently utilized NCAP grants and its own funds to execute projects aimed reducing air pollution. The Council is at committed to furthering these efforts by adopting sustainable and impactful solutions to improve air quality Gobindgarh.
Municipal Council has installed Bio-methanation plant, with a capacity of 15 Tons Per Day (TPD). which is now ready for commissioning. The Bio-methanation plant initiated by MC MGG is the pioneer project in the state of Punjab and has the potential to serve as a model template for all other Municipal Bodies throughout the state. This plant will play a crucial role in converting organic waste into biogas, thereby reducing the volume of waste going to landfills and contributing to management practices. sustainable waste management practices."5
12. The Central Pollution Control Board (CPCB) had filed a reply dated 25.03.2025, disclosing the order of the Hon'ble Supreme Court dated 24.10.2017 passed in WP(C) 13029/1985, banning use of pet coke and furnace oil in industries in Delhi and NCR states of Haryana, Uttar Pradesh and Rajasthan and consequential direction issued by the CPCB in this regard and that the Hon'ble Supreme Court by subsequent order dated 17.11.2017 had enlarge the scope. In subsequent order of the Tribunal dated 28.03.2019 in OA 67/2019 and OA 138/2019, directions were issued in this regard. The disclosure so made by the CPCB in its report as under: -
"7. That the Hon'ble Supreme Court of India vide order dated 24.10.2017 in Writ Petition (Civil) No. 13029/1985, banned use of pet coke and furnace oil in industries in Delhi and NCR states of Haryana, Uttar Pradesh and Rajasthan. In compliance to the Hon'ble Supreme Court order, CPCB issued direction under section 5 of the Environment (Protection) Act, 1986 vide letter dated 15.11.2017 to NCR states for prohibition on use of pet coke and furnace oil by any industry, operation or processes. A copy of the directions is annexed as ANNEXURE- III.
8. Subsequently, the Hon'ble Supreme Court of India vide its order dated 17.11.2017 in above mentioned Writ Petition, noting that pollution caused by Pet coke and Furnace oil is not a problem confined only to NCR region but is a nationwide problem affecting all the states and Union Territories and directed all the States Governments and Union Territories to consider taking similar measures as have been taken by Chairman, CPCB under section 5 of the Environment (Protection) Act, 1986 for the NCR states of Haryana, Uttar Pradesh and Rajasthan for prohibition on use of pet coke and Furnace oil by any industry, operation or processes. A copy of the order is annexed as ANNEXURE-IV.
9. That the Hon'ble NGT vide order dated 28.03.2019 in OA No. 67 of 2019 and OA No. 138 of 2019, taking note of the above Supreme Court orders directed CPCB to issue appropriate directions. In this regard, CPCB vide letter dated 23.8.2019 issued directions under section 5 of the Environment (Protection) Act, 1986, to all the Chief Secretaries/Administrators of States/Union Territories with a copy to Chairman, all the SPCBs/PCCs, including the State of Punjab for formulating and enforcing fuel policy regarding use of pet coke and furnace oil in the States/UTs and taking strict action against any industry, found violating the fuel policy. A copy of the CPCB direction is annexed as ANNEXURE- V."
13. The Ministry of Environment, Forest and Climate Change (MoEF&CC) has also filed the reply dated 27.03.2025, stating that the Mandi Gobindgarh has been identified as non-attainment city for not meeting the national 6 ambient air quality standards and the City Action Plan has been prepared by the Mandi Gobindgarh and source apportionment study of Mandi Gobindgarh had been completed by the IIT Delhi in September, 2004. It further discloses that for Mandi Gobindgarh an amount of ₹5.64 crore was provided under NCAP during 2019-2020 to 2023-2024 and an amount of ₹4.38 crores was utilized as reported on PRANA portal. The report further discloses a further sum of ₹1.72 had been allocated for financial year 2024- 2025 for Mandi Gobindgarh for implementing the action plan to reduce the air pollution. The report further discloses that 124 rolling mills in Mandi Gobindgarh had shifted to the cleaner fuel till the date of filing of the report.
14. The compliance report dated 21.08.2025 was filed by the CPCB and the status report dated 31.08.2025 was filed by the State. The status report of the State discloses that in pursuance to the direction issued in Vardhman Kaushik v. Union of India & Ors. in OA No. 21/2024, 102 cities across the country in the year 2018 were identified as non-attainment cities. It further discloses that nine cities of Punjab including Mandi Gobindgarh were declared as non-attainment city by the CPCB and that carrying capacity study could not be carried out for Mandi Gobindgarh in 2019. The report further discloses following mandate in the action plan for conversion of industries in Mandi Gobindgarh from coal to CNG/PNG (pg. 2652, para 12) as follows:-
"12. That the said Action Plan included the mandate for conversion of the industries of Mandi Gobindgarh from coal to CNG/PNG with a direction to Punjab Pollution Control Board to motivate the industry to convert from Coal to CNG and the State government to reduce VAT to make it viable alternative. The timeline for conversion of rolling mills from coal to PNG as mentioned in the Action Plan was 31.03.2021 which was extended upto 31.12.2023 due to certain impulsions."
15. It also discloses that the IIT Delhi had submitted source apportionment study in September, 2025 disclosing the contribution of vehicular pollution in Mandi Gobindgarh as 35% and industrial emission as 26%. The report 7 discloses the status of industries of Mandi Gobindgarh in respect of usage of PNG/action taken as on 28.08.2025 as under: -
"23. That the present status of the industries of Mandi Gobindgarh in respect of usage of PNG/action taken as pm 28.08.2025 is given below:
Sr. No. Status of the Industries and Action Number of taken by the Board Industries
1. Total number of industries including 258 rolling mills, forging units, annealing units, casting and annealing unit, galvanizing units and other industries required to use cleaner fuel/PNG 2. Industries using PNG/LPG 113 3. Industries closed permanently 34 4. Action taken for disconnection of 96 electricity supply 5. Pollution causing machinery sealed 1
6. Industry converted to Induction using 3 electricity as fuel 7. Action under process for closure 4
8. Outside of Mandi Gobindgarh 7 (PNG 6 no.) (Never Used PNG 1 no.)
16. The stand of the applicant is that the industries in Mandi Gobindgarh must shift to the cleaner fuel and use PNG. Whereas, the stand of the private respondents is that they should be allowed to use coal as fuel, as higher price of PNG makes them uncompetitive as compared to neighbouring cities, where there is no mandate to shift to the cleaner fuel.
17. We have heard the learned Counsel for the parties and perused the records.
18. The joint committee in its final report had recorded that Mandi Gobindgarh has been designated as non-attainment city by CPCB and Clean Air Action Plan for the industrial region of Mandi Gobindgarh has been prepared by the PPCB which has been approved by the CPCB. The details of the Clean Air Action disclosed by the joint committee are as under:-
"7. It is briefly stated that Mandi Gobindgarh has been designated as Non-Attainment City by CPCB. Punjab Pollution Control Board has taken following action for the control of air emission of Mandi Gobindgarh 8 Punjab Pollution Control Board has prepared a Clean Air Action plant for industrial region of Mandi Gobindgarh, wherein, various activities have been identified to be done within specific timelines to bring the air pollution limits within the norms. The Action Plan has been approved by the CPCB and the same has been submitted in the Hon'ble NOT also. The brief details of Clean Air Action is as under:
a) About 220 industries including rolling mills, Ceramic units, Forging units and induction cum rolling mills etc. are operating in industrial region of Mandi Gobindgarh area and were using coal/FO as fuel in their furnaces. The Punjab Pollution Control Board (PPCB) has established the model units running on PNG in collaboration with Punjab State Council for Science & Technology, Chandigarh. Out of the 220 industries originally using coal or FO, 171 successfully started using PNG as their fuel in the furnaces.
b) Adoption of modified APCD i.e. side hood suction followed by bag filter house technology in induction furnaces developed by PSCST, Chandigarh The industrial region of Mandi Gobindgarh is having around 100 induction furnaces. For the control of air emissions from induction furnaces, they have earlier provided top hood suction systems paired with cyclone or wet scrubbers as their primary APCDS.
However, these existing APCDs were found to be inefficient in collection & treatment of air emissions of induction furnaces, as a result, significant emissions were by-passing the APCDs and untreated air emissions were released into the environment, thereby causing pollution in the ambient air quality. The Punjab Pollution Control Board has approached the Punjab State Council for Science & Technology, Government of Punjab undertaking to devise more efficient solution to the collection and treatment of these emission problems. In response, PSCST has developed an Air Pollution Control Device (APCD) using side hood suction mechanism, which demonstrated superior efficiency in controlling the air emissions.
Thereafter, the Punjab Pollution Control Board has persuaded the induction furnace industries and got the upgradation of existing APCD with side hood suction followed by bag filter house as per the design evolved by Punjab State Council for Science & Technology. Chandigarh. Consequently, after the upgradation of APCDs by the induction furnaces, the amount of dust-laden smoke which was earlier 10-15 kg before upgradation is now yielding between 200- 250 kg of APCD dust daily after upgradation."
19. The joint Committee had carried out the spot visit and had found as under: -
"10. The Joint Committee also visited different area ie industrial and residential along with the main roads of Mandi Gobindgarh by Additional Commissioner (G), Fatehgarh alongwith Sub Divisional Magistrate (Amloh), Environmental Engineer of Punjab Pollution Control Board, Regional Office, Fatehgarh Sahib, Executive officer of Municipal Council, Mandi Gobindgarh, representative of industries, officer of National Highway Authority of India (NHAI), Central Pollution Control Board. The details of the visit are given here in below:9
a) Visit to the Rolling Mills using Coal as fuel in their furnaces 02 no. re-rolling mills that were visited have installed a cyclone followed by a water scrubber as an air pollution control device (APCD) to reduce particulate matter emissions. However, there are still some areas within the industrial units where dust emissions are likely to be contributing to ambient air pollution is mentioned here below:
i) Unpaved work zone area: The unpaved work zone area is a major source of dust emissions. When vehicles and machinery travel over the unpaved surface, they stir up dust particles that can be carried into the air.
ii) Coal handling area: The coal handling area is another potential source of dust emission. When coal is unloaded from trucks and moved around the mill, dust particles are released into the air. These dust particles can contain pollutants such as sulfur dioxide and nitrogen oxides.
iii) Heat loss in furnaces: The significant heat loss in the furnaces is also a concern. When heat is lost from the furnaces, it can create a plume of hot air that can contain pollutants. These pollutants can be carried by the wind and contribute to ambient air pollution.
iv) Overall impact on ambient air quality: The combined impact of all of these factors is likely to be contributing to the deterioration of ambient air quality in the area. The dust emissions from the unpaved work zone area and coal handling area, as well as the heat loss from the furnaces, can all contribute to higher levels of particulate matter, sulfur dioxide, and nitrogen oxides in the air.
b) Visit to the Rolling Mills using PNG as fuel in their furnaces
i) Work mechanism of industries using PNG as fuel: The visit to 02 no. industries revealed they are using PNG (Piped Natural Gas) as the primary fuel source for their furnaces. The Committee, during its inspection, made several notable observations. In many of the PNG-fired furnaces, there were specific modifications. Instead of utilizing solid fire or insulation bricks, they had adopted fibrous insulation. This shift presumably offers advantages in terms of heat retention and efficiency. Another noticeable change was the installation of mass-based automation for all the burners. This likely ensures that the burners operate based on the actual fuel requirements rather than on a fixed schedule, possibly enhancing fuel efficiency. The furnaces also featured high-efficacy waste heat recovery systems. Such systems are typically designed to capture and reuse the heat generated during the combustion process, aiming for optimal specific fuel consumption.
Lastly, there was an emphasis on the need for automation for the best utilization of the gas. Properly automated systems can lead to an increase in production while ensuring that the gas is used most efficiently.
10 In addition to the furnace-related observations, the Committee noted that the work zone area in these industries needed stabilization. This is likely because stabilized grounds can significantly reduce or suppress dust emissions, ensuring a cleaner environment within the industrial premises.
ii) Cost comparison of PNG fuel with coal as fuel:
Information gathered from the Re-rolling mills reveals that the average Natural Gas (PNG) consumption in re-rolling furnace is 40-42 Sm³/Tonne (standard cubic meters per tonne) and scale loss has been reduced 1%-0.5% further this technology has provided cleaner work zone environment, enhance life cycle of plant & machinery and visibly reduced the source air pollution. However, re-rolling units used coal as fuel, the average coal consumption is reported about 60-65 Kg/tonne and scale loss 3.75%-
2.75% and also substantially dust.
During discussions it was highlighted that significant shifts in fuel pricing over the years became evident. Earlier in 2020, the cost of gas stood between Rs. 18-21 per m³. In contrast, coal was priced between Rs. 8-10 per kg. A noticeable change occurred, when the price of gas surged, reaching Rs. 50-52 per m³, representing a substantial increase. Meanwhile, the price of coal saw a relatively modest rise, settling at Rs. 12 per kg.
This stark increase in gas prices had resulted in increased operational costs for the industries, particularly for those relying on Piped Natural Gas (PNG) for their operations. Comparing the dynamics, industries in neighboring states of Punjab continued to utilize coal as their primary fuel. The choice of coal as fuel, given its low price point (Rs. 12 per Kg) as compared to PNG (Rs. 50-52 per m³), potentially provided them with a competitive edge in the market, especially when juxtaposed against industries reliant on the highly expensive PNG.
c) Visit to the industries having Induction Furnaces: Joint Committee has visited four large-scale induction furnaces and one Are furnace. Notably, each of these induction furnaces was equipped with a side hood suction system. This system was paired with a spark arrester and, subsequently, a bag filter house. Interestingly, the design for this setup originated from the Punjab State Council for Science & Technology, Chandigarh. All these systems were operational at the time of the visit.
d) Emissions from the movement of heavy vehicles moving on the GT Road and in the interior roads of Industrial Town of Mandi Gobindgarh: The transport sector plays a notable and significant role in the air pollution levels of Mandi Gobindgarh. The air pollution is attributed to the consistent movement of heavy goods vehicles, which transport raw materials and products for various industries situated in and around the city. City sees heavy flow of transport vehicles i.e. heavy transport vehicles, light motor vehicles, cars, jeeps, two-wheelers, and three- 11 wheelers. Adding to the city's traffic density, the National Highway NH-1, a crucial roadway connecting tourist hotspots like Amritsar and industrial centers like Ludhiana and Jalandhar, runs through Mandi Gobindgarh.
e) Unplanned Parking of heavy vehicles along the road side:
A significant challenge observed is the disorderly parking of vehicles. Many vehicles are parked directly on the roads, leading to blockages and subsequent traffic jams. This congestion exacerbates the levels of vehicular pollution in the area. Given the situation, there seems to be a need for structured parking solutions. Potential remedies could include designated parking lots, multi-level parking structures, and specific parking zones for trucks and commercial vehicles.
f) Road Dust emissions becomes Air borne and causing air pollution: Road dust particles pertain to particulate matter that accumulates along roadways, primarily originating from atmospheric deposition and ground displacement. Several factors contribute to the generation and accumulation of road dust:
i. Emissions resultant from vehicular traffic.
ii. Activities associated with construction, demolition, and the corrosion of metal structures.
iii. Deterioration of road surfaces, evidenced by the presence of potholes.
iv. The existence of roads that lack proper surfacing within industrial zones, referred to as non-metaled or un- stabilized roads.
v. The presence of un-stabilized berms adjacent to these roads.
vi. The transit of transportation vehicles exceeding their stipulated load capacity.
During inspection of Mandi Gobindgarh, the committee noted that a significant portion of roads within the industrial sectors were inadequately maintained and lacked proper surfacing. This, coupled with the movement of heavy-load transportation, has exacerbated the particulate matter concentration in Mandi Gobindgarh. While some remedial measures taken by MC were evident, such as road repairs and regular cleaning. MC, Mandi Gobindgarh, has also purchased a mechanical sweeping machine and a water sprinkler. An anti-fogging machine has also been procured by MC. In light of these measures, the Additional Commissioner (G), Fatehgarh Sahib, issued directives. to the MC officials to augment their equipment inventory by procuring an additional mechanical sweeping machine and water sprinkler. MC was directed for the formulation of a systematic operational schedule for these machines.
g) Interaction with the stakeholders: After interacting with the stakeholders including the industrial units and the agency supplying the PNG and also considering the relevant factors, it is 12 observed by the Joint Committee that the industrial units have reverted back to the usage of coal due to abnormal increase in the rates of PNG, but the industrial unit had kept the infrastructure of PNG usage intact with a view to use the PNG when price becomes natural. One of the major reason of price rice of Piped Natural Gas (PNG), Liquified Petroleum Gas (LPG) intermittently is surge in global gas prices after the Russia-
Ukraine war. Elaborating the hike in the prices of PNG, it is brought on record that every six months, on April 1 and October 1, the Government sets the prices of gas based on rates common in countries with gas surplus like the US, Canada and Russia, in a year with a lag of one quarter. So the price for 1st October to 31 March is based on the average price from July 2021 to June 2022. This is the period when global prices shot through the roof. The prices of gas prices could potentially fuel inflation.
11. Regarding allowing the usage of Coal as fuel in the furnaces of Rolling Mill: The submission of the Punjab Pollution Control Board deliberated before the Joint Committee and the PPCB team member explained that in the first instance, majority of the rolling mills had converted their furnaces for the usage of PNG. However, due to sudden rise in the price of PNG in the background of Russia- Ukraine war, the smaller industries cannot afford to use the PNG which was priced at Rs. 52-54/m³ in comparison to the price of Rs. 12 per kg of coal. Another factor, which contributed to the problem was that the neighbouring states were not pressed by the Government for the usage of CNG/PNG and the industrial units were using the coal as fuel which in relatively much cheaper than the PNG. The overall expenses are, therefore, counted towards the price of the product.
The product manufactured by the neighboring States was priced at lesser amount than the product manufactured at Mandi Gobindgarh, thus, came under dual pressure to market and sell their produce at a lesser rate by making comparison with the rates of the neighboring States and ultimately this problem has resulted into the closure of some rolling mills in Mandi Gobindgarh. The Industrial Associations have approached the Government as well as the PPCB for relaxation in the conditions to use PNG. As the Fuel Policy of the State was under consideration of the Government for finalization in consultation with the PPCB in accordance with the provisions of the Air (Prevention & Control of Pollution) Act, 1981, the request of the Industrial Associations was sympathetically considered and the industries were extended the temporary relief to use coal till the Fuel Policy of the State is notified. However, it is pertinent to mention here that the industries who had reverted to the usage of coal had kept the infrastructure for the usage of PNG intact as the relief granted was purely temporary in nature. The Fuel Policy of the State of Punjab has now been notified vide no. 10/64/2020-STE4/469 dated 04/10/2023 and the usage of cleaner fuel has been adopted. With the notification of the State Fuel Policy as explained above, the temporary relief extended to the industries for the usage of coal has become infructuous and the same has been issued by PPCB vide no. 347 dated 05/10/2023. Now, the Industrial Associations, Rolling Mills operating in the area of Mandi Gobindgarh has been requested vide no. 347 dated 05/10/2023 to use cleaner fuels."
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20. The joint Committee has made following recommendations: -
"12. The Joint Committee suggest the following recommendations to improve the ambient air quality of the Mandi Gobindgarh:
a) Vehicular pollution has been primarily stated to be the major cause of air/environmental pollution by the IIT Delhi in the Source Apportionment Study of Mandi Gobindgarh which accounts for 31% of the environmental pollution. Hence, appropriate steps to control the movement of Heavy Commercial Vehicles/Light Commercial Vehicles shall be taken by the Regional Transport Authority (RTA), District Patiala.
b) All the major roads with heavy traffic movement should be checked regularly by the Municipal Council for potholes, repair and patchwork.
c) All the road sides must be stabilized with concrete paver blocks within city limits by MC, Mandi Gobindgarh.
d) CNG operational E-Rickshaws/Schools and College buses shall be encouraged within the Mandi Gobindgarh by RTA, District Patiala.
e) Regular cleaning of roads with mechanical sweepers should be done on regular basis by the MC, Mandi Gobindgarh.
f) The Municipal Council of Mandi Gobindgarh shall prioritize the development of an engineered solid waste landfill site. This development should adhere strictly to the "Solid Waste Management Rules, 2000" to ensure environmentally sound and sustainable waste management practices.
g) The Municipal Council of Mandi Gobindgarh shall present a definitive, time-sensitive plan addressing the remediation of legacy waste.
h) The Municipal Council of Mandi Gobindgarh shall prioritize the construction of cemented roads, especially over existing bituminous roads, within industrial zones. The inherent durability and longevity of cemented roads can offer a more sustainable solution in such heavy-duty areas.
i) The Municipal Council, Mandi Gobindgarh shall designate parking lots in the Mandi Gobindgarh and construct multi-
storey parking facilities for proper utilization of the space for specialized parking areas for trucks and commercial vehicles should be established to cater to unique requirements and ensure smooth traffic flow.
j) The Municipal Council, Mandi Gobindgarh, Executive Engineer, PWD (B&R) and NHAI may be recommended to prioritize road management to achieve roads free from potholes. Well- maintained roads not only ensure safety but also reduce dust emissions.
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k) The industries henceforth shall use the cleaner fuel as per the State Fuel Policy notified by the Govt. of Punjab vide no. 10/64/2020-STE4/469 dated 04/10/2023. The Industrial Associations, Rolling Mills operating in the arca of Mandi Gobindgarh has been asked vide no. 347 dated 05/10/2023 to use cleaner fuels.
l) The Mandi Gobindgarh is falling under Non-Attainment City.
Hence, all the rolling mills and refractories should be directed to use of cleaner fuels for improving the air quality of the area."
21. The above recommendations in para 12(k) made by the joint Committee requires the industries to use cleaner fuel as per the State Fuel Policy notified by the State of Punjab on 04.10.2023.
22. The issue relating to polluting activities by the industrial units in Mandi Gobindgarh, Punjab was considered by the Tribunal in the matter of Neeraj Goyal (supra) and the Tribunal in the proceedings dated 01.10.2020 had considered the reports of the joint Committee and had accordingly observe and directed as under:-
"5. It is clear from the above that there are serious violation of environmental norms and inadequate monitoring by the statutory authorities. Remedial action taken even after intervention of this Tribunal is hardly adequate. Further serious steps are required to be taken for upholding the rule of law and protection of environment and public health. Let further meaningful action be taken and a compliance report filed before the next date. In the context of directions to shift rolling mills from coal to PNG, we direct the State PCB to ensure that if such shifting does not take place, the non-compliant units be closed till compliance. This should apply not only to rolling mills but also to other similarly placed industries operating on coal. Wherever there is noncompliance, the State PCB may take coercive measurers, including closure, recovery of compensations and initiating prosecution, following due process of law. The Tribunal, vide order dated 06.03.2019 in OA No. 20/2017 (WZ), Babubhai Ramubhai Saini v. Gujarat Pollution Control Board & Ors., considered identical situation at Morbi in Gujarat and observed:
"25. Accordingly, we allow the applications and direct the GPCB to close all coal gasifiers industries and units operating with the help of coal gasifiers without prejudice to such units switching over to noncoal gasifiers or PNG or technology consistent with the above report. The GPCB must initiate immediate steps for prosecution of the industries which have operated in violation of law and recover compensation for causing damage to the environment and public health. This amount may be assessed by a Committee with representatives of CPCB, GPCB and NEERI. The CPCB will be the nodal agency for coordination and compliance. The Committee may suggest restoration plan.15
26. xx xx xx
27. The Committee may take into account the cost of reversing the damage caused and also the amount to be recovered which will operate as deterrent and render any polluting activity non- profitable.
28. To oversee the execution of this order by the GPCB, we appoint an Oversight Committee headed by Justice B.C. Patel, former Chief Justice of Delhi High Court and former Judge of Gujarat High Court who is already heading an Oversight Committee constituted by this Tribunal vide order dated 16.01.2019 in O.A. 606/2018. He will also be assisted by a representative of CPCB. The GPCB will provide all logistics to Justice Patel. Any person concerned with execution of this order will be at liberty to represent to the said Oversight Committee.""
23. Thus, by the above order the Tribunal had directed in clear terms for shifting of rolling mills from coal to PNG and the PPCB was required to ensure closure of the non-compliant unit till compliance. The aforesaid order of the Tribunal has not been interfered with.
24. The Tribunal by the subsequent order dated 06.04.2021 passed in OA 924/2019 had issued further direction to continue the remedial action by periodical review.
25. The State of Punjab has notified "Fuel Policy for the Industries of State of Punjab" on 04.10.2023. This Fuel Policy provides for use of cleaner and eco-friendly fuel and stipulates as under: -
"(II) Upon the availability of supply of CNG / PNG / CBG etc. in various geographical areas of the state by the respective licensees authorized by the Petroleum and Natural Gas Regulatory Board (PNGRB), the State Government in consultation with the State Pollution Control Board shall issue appropriate directions and timelines to the industries and other stakeholders for conversion to such cleaner fuels considering techno-
economic and legal feasibility."
26. The Hon'ble Supreme Court also in the order dated 17.11.2017 passed in WP(C) No. 13029/1985 in the matter of MC Mehta v. Union of India & Ors., while considering the report no. 72 and 76 regarding ban on use of furnace oil and pet coke in the State of Uttar Pradesh, Haryana and Rajasthan has directed as under: -
16
"Report Nos. 72 and 76 On 13.11.2017, we had reserved orders on various applications filed for recall of the order dated 24.10.2017 regarding the ban on use of furnace oil and pet coke in the States of U.P., Haryana and Rajasthan.
Today, the learned ASG has placed before us a decision taken by the Ministry of Environment, Forests and Climate Change of the Government of India on 15.11.2017 requiring the Central Pollution Control Board to issue a direction under Section 5 of the Environment (Protection) Act 1986 to the States of U.P., Haryana and Rajasthan prohibiting any industry, operation or processes using pet coke and furnace oil as fuel with immediate effect until further orders. It is clarified by the learned ASG that this is with respect to entire State and not only NCR region.
Pursuant to the communication dated 15.11.2017, a direction has been issued on the same date i.e. 15.11.2017 by the Chairman, CPCB under Section 5 of the Environment (Protection) Act, 1986. The direction is to the effect that there will be a prohibition on the use of pet coke and furnace oil by any industry, operation or processes within the the States of U.P., Haryana and Rajasthan with immediate effect until further orders.
It is submitted by the learned Amicus that a prohibition on the use of pet coke and furnace oil will solve only a part of the problem. A direction should also be issued to the effect there is a ban on the sale of pet coke and furnace oil in all these three States for being used as fuel.
The learned ASG says that he will look into the matter and will get back to us within a week or so.
We may note that pollution caused by pet coke and furnace oil is not a problem confined only to the NCR region but appears to be a problem faced by almost all the States and Union Territories in the country.
For the present, we do not propose to give any direction to any other State and Union Territory but we request all the State Governments and Union Territories to consider taking similar measures as have been taken by the Government of India and the Chairman of the Central Pollution Control Board under Section 5 of the Environment (Protection) Act, 1986.
List on 4th December, 2017."
27. The CPCB also on 23.08.2019 has issued direction under Section 5 of the Environment (Protection) Act, 1986, directing formulation of fuel policy regarding use of Pet Coke and Furnace oil and its strict compliance. The direction issued by the CPCB is as under: -
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"NOW, THEREFORE, in view the above and in exercise of the powers vested under Section 5 of the Environment (Protection) Act, 1986, following directions are issued:
1. State Government/Union Territory Administration shall formulate and enforce fuel policy regarding use of pet coke and FO in the State/UT in light of various orders passed by Supreme Court regarding use of pet coke and FO in Writ Petition (C) 13029/1985.
2. State Government/Union Territory Administration through respective SPCB/PCC shall take strict action against any industry if found violating the fuel policy on use of pet coke and FO that will be enforced as above, using the powers conferred under environmental laws."
28. The National Clean Air Program (page 1736) in table 14 gives the ranking of the cities which discloses that Mandi Gobindgarh is one of the least performing cities. The said report further reveals that Mandi Gobindgarh along with other specified cities will remain in critical category even after the target reduction of 2025-2026, as their PM10 concentration will still be 1.5 times higher than the permissible limits. The report reveals that Gobindgarh has achieved zero score and the performance is ranked below average.
29. It is also found that PPCB is passing regulatory and prohibitory order against the violating industries in such cases, for example, in the case of one of the violating units, i.e., M/s. Raghunath Steel Rolling Mills in Mandi Gobindgarh, the PPCB had noted the issue and issued directions under section 31A of the Air (Prevention and Control of Pollution) Act, 1981 on 05.12.2024 for shifting to PNG as under:
"Now, therefore, in exercise of the powers conferred upon him u/s 31-A of the Air (Prevention & Control of Pollution) Act, 1981 as amended in 1987, Chairman of the Board hereby directs as under:
1. The industry shall stop operating its industrial plant and stop forthwith discharging any emissions from Its industrial premises into atmosphere.
2. The industry shall not re-start its unit till it complies with the provisions of the Air (Prevention & Control of Pollution) Act, 1981 as amended in 1987 as well as till it to switch over to PNG as fuel.
3. The industry shall not restart discharging emissions until it obtains 'consent to operate' of the Board u/s 21 of the Air (Prevention & Control of Pollution) Act, 1981 as amended in 1987.18
4. The Punjab State Power Corporation Ltd. is directed to disconnect the supply of electricity available to the industry with immediate effect and further directed to allow 2% of the contract demand or 100 KW (whichever is less) of electric power available with the industry for its office use only.
In case of failure to comply with the above said directions, the industry and its Prop, or any other person(s) responsible to comply with the above directions are liable for action u/s 37 (1) of the Air (Prevention & Control of Pollution) Act, 1981 as amended in 1987."
30. The above reports and analysis reveal that use of cleaner fuels by the industries in Mandi Gobindgarh is essential having regard to the fact that Mandi Gobindgarh falls in the critical category and in the National Clean Air Program, it had been found to be one of the least performing cities. That apart, the provision contained in the Fuel Policy notified by the State of Punjab for industries providing for conversion to cleaner fuel needs to be strictly complied with in terms of the direction of the CPCB dated 23.08.2019. That apart, the issue is now concluded by the direction of this Tribunal contained in the order dated 01.10.2020 passed in OA 934/2019, requiring the shifting of the rolling mills from coal to PNG. The issue raised by the private respondents that they are put to disadvantage in using the higher price PNG as compared to the low-cost coal by adjoining cities is no longer significant as the State of Punjab has framed the Fuel Policy for industries and clause (ii) of the Fuel Policy providing for shifting to cleaner fuel is applicable throughout the State, which needs to be complied with.
31. That apart, we also notice that nothing has been placed on record by the parties to show that the carrying capacity of Gobindgarh has been ascertained as per direction of the Tribunal in the case of Neeraj Goyal (supra) wherein the Tribunal had directed as under:-
"6. Further, Punjab State PCB may complete the study on assessment of carrying capacity of the region as per the schedule and prepare an action plan for improvement of environment. There has to be proper management of hazardous waste generated by the industries, providing raw material in the form of scrap, for further processing. The entire mechanism should have proper manifest system. As per information 19 provided by CPCB in OA No. 1038/2018, News item published in "The Asian Age" Authored by Sanjay Kaw Titled "CPCB to rank industrial units on pollution levels", order dated 10.07.2019, the Comprehensive Environmental Pollution Index (CEPI) with respect to air is 23.7 at Gobindgarh which does not appear to be correct in view of pollution level, as shown by the report. CPCB may reverify this index considering entire industrial development in the region and rectify its index.
Import of hazardous waste needs to be strictly regulated as per laws, to avoid import of such waste illegally.
Illegal dismantling units may be closed and only authorized and complying units be allowed to operate.
Non-recyclable waste be disposed properly.
Ground water extraction may be regulated in accordance with order passed by this Tribunal on 20.07.2020 in OA No. 176/2015 Shailesh Singh v. Hotel Holiday Regency, Moradabad & Ors."
32. Hence, we dispose of the OA, directing as under: -
1. The State of Punjab will ensure that the direction contained in the order dated 01.10.2020 passed in OA 924/2019 in the matter of Neeraj Goyal (supra) regarding shifting of the rolling mills from coal to PNG are fully and effectively complied with.
2. The State of Punjab will ensure effective implementation of the Fuel Policy for the industries of State of Punjab notified on 04.10.2023.
3. The State of Punjab will also ensure that the order of the Hon'ble Supreme Court in the case of MC Mehta v. Union of India & Ors. dated 17.11.2017, in the report no. 72 and 76, prohibiting use of Pet Coke and Furnace oil by the industries is not violated.
4. The State of Punjab and PPCB will ensure effective implementation of the direction of the CPCB dated 23.08.2019 issued under Section 5 of the Environment (Protection) Act, 1986.
5. The concerned Authorities of State of Punjab and PPCB will ensure that the recommendations made by the joint Committee, especially recommendation contained in para 12(k) regarding use of cleaner 20 fuel as per the State Fuel Policy is effectively complied with and not violated.
6. The State of Punjab is directed to ensure that the carrying capacity of Mandi Gobindgarh is assessed within three months and compliance report in this regard is filed before the Registrar General of the National Green Tribunal through email at judicial-
[email protected]. If deemed necessary, the matter will be listed for consideration before the bench again.
33. The OA is accordingly disposed of.
Prakash Shrivastava, CP Dr. A. Senthil Vel, EM February 25, 2026 OA 295/2023 avt 21