National Green Tribunal
News Item Titled "Pollution Takes A ... vs Union Of India & on 5 September, 2024
Item No.14 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No.632/2023
(IA No.301/2024)
News Item titled "Pollution takes a front seat as stubble fires spike in
Punjab" appearing in Hindu dated 06.10.2023
Date of hearing: 05.09.2024
Uploaded on: 24.09.2024
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
Applicant: None for the applicant.
Respondents: Ms. Savi Nagpal, AAG for the State of Punjab.
Mr. H.S. Phoolka, Senior Advocate (Through VC) with Ms. Surpreet Kaur
& Mr. Arani Choudhary, Advocates, for Applicant in I.A No. 301/2024.
Mr. Jitendra Bharti, Advocate. for MoEF & CC (Through VC).
Ms. Richa Kapoor and Ms. Atika Singh, Advocates, for Punjab PCB
Ms. Suman Arora, Advocate, for CPCB (Through VC).
Dr. Abhishek Atrey, Advocate. for CAQM (Through VC).
Mr. Abhaijeet Singh Ahaliwal, Agricultural Engineer (Tube wells), Punjab.
ORDER
1. This original application has been registered in suo-motu exercise of power on the basis of the newspaper report dated 06.10.2023 published in 'The Hindu' titled "Pollution takes a front seat as stubble fires spike in Punjab".
2. As per the said report, the stubble burning is aggravating the air pollution and that till the publication of the newspaper report, the State had witnessed 656 farm fire incidents and the same were up by around 63% against the corresponding period for the previous year. The previous year's figures upto that period are disclosed to be 415. Hence, the report says there is a rise of 241 cases. As per the report, District Amritsar was 1 the worst hit district with 429 farm fire cases and Tarn Taran Sahib district stands second with 88 such incidents. Such stubble burning around autumn is stated to be one of the biggest contributing factors to the air pollution across the northern region specially the national capital and surrounding areas.
3. On advance notice, the Punjab Pollution Control Board (PPCB) filed Status Report dated 18.10.2023 and the Commission for Air Quality Management in NCR and Adjoining Areas (CAQM) filed Status Report dated 19.10.2023.
4. Vide order dated 20.10.2023 PPCB was directed to prepare and place on record area-wise Crop Residue Management Plan and notices were ordered to be issued to the Chief Secretary, State of Punjab and Member Secretary, Central Pollution Control Board (CPCB).
5. In compliance thereof status/action taken report dated 05.11.2023 was filed by the Member Secretary, PPCB. Report dated 07.11.2023 was also filed by CAQM.
6. The matter was taken up by this Tribunal on 08.11.2023 on which date learned Counsel for the PPCB pointed out that issue relating to stubble burning was also taken up by Hon'ble Supreme Court in Writ Petition (s) Civil No 13029/1985, M.C. Mehta Vs. Union of India & Ors. (In Re: Crop Burning "Only"), wherein direction was issued by Hon'ble Supreme Court vide order dated 07.11.2023 to the Governments of Punjab, Haryana, Rajasthan, Uttar Pradesh and Delhi to ensure that crop burning is stopped forthwith and local SHO was made responsible for it under the overall supervision of the DGP and Chief Secretary for the time being. This Tribunal took out the Indian Space Research Organization (ISRO) Satellite image at 10.00 A.M. depicting the near real time active agricultural fire in the country. The image revealed large number of active 2 agriculture fire incidents in the State of Punjab and the entire State was shown in red colour. The concerned authorities were directed to take the issue seriously and fully comply with the direction of Hon'ble Supreme Court and further action taken report was ordered to be filed.
7. Area-wise Crop Residue Management Plan dated 09.11.2023 and status/action taken report dated 17.11.2023 were filed by PPCB. Further action taken report dated 17.11.2023 was also filed by CAQM.
8. This Tribunal observed in its order dated 20.11.2023 that consistent adequate measures have not been taken to prevent the farm fire incidents, in-spite of the fact that the matter is pending before the Tribunal and orders have been issued earlier and also in-spite of the fact that the issue is under consideration before the Hon'ble Supreme Court. Time was granted to learned Counsel for the State of Punjab to file a further report indicating positive results.
9. Status report dated 28.11.2023 was filed by the Member Secretary, PPCB which was considered by this Tribunal on 29.11.2023. This Tribunal noticed that as per the report produced by CAQM there were 36,632 farm fire incidents in Punjab between the period from 15.09.2023 to 28.11.2023 and directed the State of Punjab to prepare a time bound action plan disclosing phase-wise proposed action from 01.01.2024 to 01.09.2024 which may include various preventive steps for the next year as also the accountable authorities for implementation of the same.
10. In compliance thereof Phase wise Action Plan for Control of Burning of Paddy Crop Residue in the State of Punjab for the year 2024 was filed with Status Report dated 11.01.2024 by the Member Secretary, PPCB.
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11. The Tribunal considered the action plan on 19.01.2024 and observed that action plan is more or less an expression of routine exercise which State Department are otherwise required to do. Component of the action plan lacking in definitive time schedule and there are no proper linkages/manifest system between ex-in situ management and observed that action plan can have suggested components- (i) Assessment; (ii) Mechanical removal of stubble; (iii) Processing of stubble; (iv) Monitoring and surveillance; (v) Hotspot; (vi) Analysis and (vii) Remedial Action with the time frame and backed up with required budgetary support. Vide order dated 19.01.2024 this Tribunal directed PPCB for filing fresh action taken report with amended action plan.
12. In compliance thereof the Member Secretary, PPCB filed Status/Action Taken Report dated 19.03.2024 with Action Plan for Control of Crop Residue Burning in the State of Punjab (2024-25) as amended on 21.02.2024.
13. The Status/Action Taken Report and amended Action Plan were considered by this Tribunal on 03.04.2024. When this Tribunal put questions in respect of the details of process, know-how for in-situ management as to the extent of availability and number of the mulching machines used for in-situ management and other full particulars relating to utilization of straw in-situ management and complete particulars of different heads of ex-situ management of the straw, learned Counsel for the State of Punjab sought adjournment submitting that a detailed comprehensive report will be filed before this Tribunal including therein, the details on each item relating to utilization of the straw in in-situ as well as ex-situ management. The said report will also include the details relating to the mode and manner of removal of straw from the field, its transportation to different units for ex-situ management, the capacity of such units i.e. industrial boilers, biogas 4 power plant, compressed biogas plant etc. utilizing the paddy straw and the details of such utilization supporting/justifying the figures of utilization disclosed for 2023. For the projected figures of 2024 also, such full particulars relating to in-situ and ex-situ management will be disclosed. The report will also disclose as to how the projected figures for 2024 will be achieved, the preparation for the same till now and the preparation in the coming months to achieve the target.
14. Accordingly Status/Action Taken Report dated 09.07.2024 was filed by the Member Secretary, PPCB.
15. I.A. No. 301/2024 was filed by Sampurn Khethi Puran Rozgar, Avtar Singh Phagwara and Gyan Sewa Trust for intervention and appropriate directions vide email dated 10.07.2024.
16. This Tribunal considered the report on 12.07.2024 and vide order dated 12.07.2024 directed State of Punjab to provide the following information:-
"i. Details, type and availability of the machines that would cater to the total area of the paddy cultivation 3543580.56 hc which is under cultivation during 2023 - 2024. ii. Details of district and village wise location along with the agencies with whom the above machines would be available and displayed on the portal/any other platform of the State Government.
iii. Details of rentals/any other procurement methods of these machines by the farmers.
iv. Nodal agency in the State, District and local level who shall be accountable for overseeing the implementation and monitoring the programe.
v. Details of responsible officers such as Sarpanch and Members of local bodies at local levels of implementation of in- situ management and taking action for violation. vi. Name and designation of the highest authority in the State who will be responsible for the implantation, monitoring and enforcement of the entire programe not below the rank of Additional Chief Secretary."
17. In compliance thereof Status Report dated 02.09.2024 has been filed by the Member Secretary, PPCB.
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18. Written submissions have been filed by the above said intervenor applicants vide email dated 04.09.2024.
19. In Status Report dated 18.10.2023 it has been mentioned that the State has already issued notification no. 946 dated 22.10.2013 in exercise of powers conferred u/s 19(5) of the Air (Prevention & Control of Pollution) Act, 1981prohibiting the indiscriminate burning of left-over paddy / wheat straw in the whole of the State. In order to implement the directions of this Tribunal in order dated 10.12.2015 passed in O.A No. 118 of 2013, the District and Sub Divisional Level Monitoring Committees have been formed which are imposing environmental compensation on farmers indulging in crop residue burning amounting to Rs. 2,500/-, Rs. 5,000/- Rs.15,000/- per incident on the basis of land holding of the farmers. The State of Punjab had issued administrative instructions dated 27.09.2017 to various departments of the State Government to direct its employees and staff members not to burn the paddy straw, wherever, they own land and grow paddy. The Department of Rural Development and Panchayats has been requested to ask the panchayats not to burn the paddy straw. The attachment of Super Straw Management System with Harvester Combines has been made mandatory by issuing directions u/s 31-A of the Air (Prevention & Control of Pollution) Act, 1981. Department of Revenue has been directed to make red entry in the revenue record, in the area where the burning of paddy straw take place. The Deputy Commissioners of the Districts are issuing prohibitory orders u/s 144 of the Code of Criminal Procedure, 1973, thereby prohibiting the burning of paddy straw/ stubble in the State. Paddy Straw Generation expected in 2024
20. As per the Status/ Action Taken Reports the information regarding total paddy generated during the years 2022 and 2023 and paddy generation expected during 2024 is as given in the following table:- 6
" Year Area Area Area Paddy Straw Generation under under under (Million Ton) (Lac Non- Basma ha) Basma ti (Lac ti (Lac ha) From From Total ha) Area Area Paddy under under Generation Non- Basmati Basmati @ 5.5 @ 6.5 T/ha T/ha 2022 31.67 26.73 4.94 17.37 2.51 20.08 2023 31.00 25.00 6.00 16.25 3.30 19.55 2024 31.54 24.78 6.58 16.10 3.43 19.52 (Est.) "
Targets expected to be achieved in 2024
21. As per the Crop Residue Management Plan the Targets given below are expected to be achieved in 2024 with details as under:-
" Sr. Strategy Paddy Straw Utilization No. (million tonne) 2023 (Actual) 2024 (Est.)
1. In-Situ Management 11.50 12.70
2. Ex-Situ management 3.66 5.96 Industrial Boilers 2.10 3.1* Biomass Power Plant 0.96 1.17 Compressed Bio-gas 0.30 0.54 Plant Bio-Ethanol Plant 0.10 0.20 Thermal Power Plant 0.20 0.77** Brick Kilns 0.00 0.18**
3. Fodder 0.70 0.86 Total 15.86 19.52 * Out of the total 3.1 MTA targeted to be consumed in industrial boilers, approximately 2.9 MTA in the form of Bales/Chopped form and the rest 0.2 MTA in the form of palettes/briquettes ** 0.77 MTA of paddy straw in the Thermal Power Plants and 0.18 MTA in the Brick Kilns shall be used in the form of Palettes/Briquettes."
In-Situ Management 7
22. During the year 2024, 12.70 million tonnes of paddy straw is targeted to be managed through various in-situ means.
23. In Phase Wise Action Plan for Control of Burning of Paddy Crop Residue in the State of Punjab for the year 2024 filed with report dated 11.01.2024, phase wise Action Plan for in situ management was given as under:-
S.No. Activity Concerned Plan to achieve phase " Department wise targets (from 01.01.2024 to 30.09.2024) In-situ Management
1. Crop residue Dept. of The subsidy/financial management Agriculture / assistance for machinery Chief Agriculture procurement of various provision Officer of CRM machines is respective provided under Central District. Sector Scheme Promotion of Agricultural Mechanization for In-
situ Management of Crop residue. For the financial year 2024-25, the scheme is likely to be implemented on SMAM funding pattern (60:40)
2. Village / Block Dept. of Continuous Process / District wise Agriculture / mapping of the Chief Agriculture demand of Officer of CRM machinery respective District
3. GAP analysis, Dept. of Continuous Process the availability Agriculture / of CRM Chief Agriculture machines with Officer of each District of respective the State District
4. Allocation and Dept. of Allocation of CRM will be optimum Agriculture / done as per the demand utilization of Chief Agriculture from respective Deputy CRM machinery Officer of Commissioners.
(Super SMS; respective
Happy Seeder District
etc)
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5. Custom Hiring Registrar of Co- 1. Special campaign would
Centres operative be launched to increase
(Cooperative) to Societies. the usage of machines
increase available in CHC's.
machine 2. Cooperative Department
utilization to be advised to incentivize
the CHCs in PACS for
increasing utilization
6. Door step Dept. of 1.The I-Khet Machine
access of CRM Agriculture / mobile application will
to small and Chief Agriculture provide information of
marginal Officer of available machinery to the
farmers respective farmers. The farmers
District would be able to hire the
machine through the app.
2. The CHCs would be
instructed to charge only
operational costs from
small and marginal
farmers.
3. Through the village level
camps individual farmers
would be motivated to
adopt online booking of
CRM machinery through I-
Khet.
4. All Group- A officers of
Department of Agriculture
will be directed to adopt
CHCs each to increase the
utilization of machines.
5. The department has
purchased CRM machines
at block level in almost all
the blocks of the state. The
machines would be made
available to the
small/marginal farmers of
the state.
7. Activities for Dept. of 1. 7500 acres to be
covering area Agriculture / managed through Bio-
through Bio- Chief Agriculture Decomposer Application in
Decomposer Officer of the State of Punjab
Application respective 2. Area to be covered by District M/s Nurture Farms in 2024 to be finalized yet.
8. Devising Dept. of Continuous Process schemes for Agriculture / diversification Chief Agriculture from paddy. Officer of respective District
9. Schemes to Dept. of Continuous Process encourage Agriculture / Direct Seeding Chief Agriculture of Rice (DSR). Officer of respective District 9
10. Encourage Dept. of Continuous Process short duration Agriculture / paddy varieties Chief Agriculture to replace long Officer of duration Pusa- respective 44 variety of District paddy.
24. In Status/Action taken report dated 09.07.2024 Member Secretary, PPCB has given the details regarding in-situ management as under:-
"c. Detailed justification regarding the figures of in-situ utilization disclosed for the year 2023 i. During the year 2023, 11.50 million tons of paddy straw was estimated to have been managed through various in-situ means.
ii. The amount of paddy stubble being managed is calculated on the basis of field capacity of primary machines which are Super Seeder, Happy Seeder, Smart Seeder, Surface Seeder and Reversible MB Plough.
iii. The remaining in-situ machines which are provided under the subsidy scheme are used for various field preparation operations.
iv. The estimated amount of paddy stubble managed (in-situ) in the state during 2023-24 are as under:-
Name of Total Field Total area Assumin machin working capacit managed g e machine y per in ha Machines s day (ha) Working (8 hours at 50 % per day) field capacity Happy 2521 2.66 133888.96 0.44 Seeder Super 51976 1.92 1995859.2 6.49 Seeder Surface 771 6.02 92766.72 0.30 Seeder Smart 22 2.82 1239.04 0.00 Seeder RMB 4557 2.34 212903.04 0.69 Plough Zero 15289 3.62 1106923.60 3.60 Till Drill Total 75135 3543580.56 11.52 Approx-11.5 mil. tonnes *length of season - 20 days **paddy straw collected per ha - 6.5 tonnes ***(Total working machines are calculated assuming all the machines provided in 2018-19 are obsolete & half of the machines provided in 2019-20 are also obsolete) v. Due to various filed conditions, less window period of utilization and other factors such as breakdown & 10 maintenance, this available equipment operate at a maximum of 50% of the field capacity. If we calculate at 50% of the field capacity the amount of straw managed is around 11.5 million tonnes.
vi. Continuous support, training, and refinement of these technologies are essential to maximize their effectiveness and ensure sustainable paddy straw management in the region.
d. Detailed report as to how projected figures for the year 2024 with respect to in-situ management and for fodder purposes are to be achieved i. The subsidy/financial assistance for procurement of various CRM machines is being provided under Crop Residue Management Scheme.
ii. For the financial year 2024-25 the scheme is being implemented on SMAM funding pattern (60:40). iii. An annual action plan of Rs. 500 crore has been approved under the scheme for the year 2024-25. iv. The following allocations have been in the action plan Component Centre State Total Funds Share Share (Rs. in lakh) (60%) (40%) Procurement of 7535.73 5023.82 12559.55 Agriculture Machinery Establishment 15840.00 10560.00 26400.00 of Custom Hiring Centre Establishment 2535.00 1690.00 4225.00 of Paddy Supply Chain Information 1093.05 728.70 1821.75 Education Communication v. As per the plan approx. 10,000 various implements are to be provided to the individual farmers and 1100 CHC are to be established in the State.
vi. In order to meet the targeted bailing capacity, maximum Balers and Rake machines shall be supplied as a part of the new component under CRM scheme for Ex-situ application. vii. Funds amounting to Rs.150.00 crore (central share) has been released by Govt, of India vide letter dated 1.7.2024. The Department of Agriculture and farmers Welfare, Punjab is starting the process for release of State share. viii. The process of calling of applications from the intended beneficiaries under the scheme for the year 2024-25 has already been completed. The revised guidelines and instructions for implementing the scheme have been circulated to the districts Offices. The Department would start the process of selection of beneficiaries within the next fortnight. ix. The target for management of paddy straw through in-situ means during the current year is 12.70 Million Tonnes. x. The target has been calculated in the similar pattern as enumerated in point number "C". Additionally it is assumed that some of the machines provided earlier under the scheme have fulfilled their useful life.
xi. For utilization as fodder the target is 0.86 Million tones. Mainly the basmati straw is used as fodder but the utilization of 11 paddy straw for maintenance feed in animals is increasing. The Department of Agriculture will coordinate with the Department of Animal Husbandry to promote the use of paddy straw as fodder. xii. A state level committee has been constituted to utilize paddy straw as fodder in the state."
25. In Status Report dated 02.09.2024, information has been given regarding the aspects mentioned in order dated 12.07.2024. The relevant part of the report giving details, type and availability of the machines that would cater to the total area of the paddy cultivation 3543580.56 ha which is under cultivation during 2023-2024 is reproduced as under:-
"c) The number of various Crop Residue Machines (CRM) provided on subsidy under the scheme are as follows:
Sr. Name of Machine Total Machines
No. provided
1 Happy Seeder 13684
2 Super seeder 52457
3 Paddy straw chopper 9670
4 Mulcher 7053
5 RMB plough 8935
6 Zero till drill 22327
7 Super SMS 6267
8 Rotary slasher 1759
9 Shrub Master 83
1.0 Cutter cum spreader 970
11 Rotavator 3835
12 Baler 1554
13 Rake 1413
14 Crop Reaper/Reaper 51
Binder
15 Smart Seeder 22
16 Surface Seeder 771
Total 1,30,851
The district wise details of machines provided on subsidy are as per Annexure A. 12
d) Of the total machines provided, 93818 machines are primary machines (used for sowing and incorporation) and out of these primary machines the number of primary machines working in the field (assuming machines provided in 2018-19 are obsolete and half of the machines provided in 2019-20 are also obsolete) to manage the straw are as under:
Name of Machine Total working
machines
Happy Seeder 2521
Super Seeder 51976
Surface Seeder 771
Smart Seeder 22
RMB Plough 4557
Zero Till Drill 15289
Total 75135
e) As per the information already submitted to the Hon'ble
Tribunal, the above number of working machines will be sufficient to manage the paddy straw as per the Annual Action Plan in the state Name of Total Field Total area Total paddy Machine working Capacity managed management machines per day in (000 (in million (ha) ha) tonnes) (8 hours Assuming per day) machines working at 50 % field capacity Happy 2521 2.66 133888.96 0.44 Seeder Super 51976 1.92 1995859.20 6.49 Seeder Surface 771 6.02 92766.72 0.30 Seeder Smart 22 2.82 1239.04 0.00 Seeder RMB Plough 4557 2.34 212903.04 0.69 Zero Till 15289 3.62 1106923.60 3.60 Drill Total 75135 3543580.56 11.52 13 approx - 11.5 mil. tonnes X X X ii. Details of district and village wise location along with the agencies with whom the above machines would be available and displayed on the portal/any other platform of the State Government.
a) Of the above machines available in the state, the details of agency wise machines is as under:
Total Machines Machines
Crop supplied provided to
Residue to Farmer Machines
Machine Individua Groups, provided to
s (CRM) l Farmers panchayat Primary
provided s, Agriculture
on FPOs for Cooperative
Years subsidy establishm Societies
ent of
CHCs
1 2 3 4 5
2023-24 13179 11750 465 964
2022-23 27250 25160 1617 473
2021-22 13796 6614 6705 477
2020-21 25811 9972 15184 655
2019-20 23068 5402 16725 941
2018-19 27747 12056 5413 10278
130851 70954 46109 13788
* The machines shown in column 3, 4, 5 are out of column 2 only.
b) The details of machines that have been supplied on subsidy has been made available on the website of the department.
c) Apart from this, the districts have been advised to make the list of beneficiaries available at the district/block headquarters and to persuade the PACs/ Panchayats to display the list of available machines.
d) The orders of the Hon'ble Tribunal dated 12.07.2024 have been circulated to the Chief Agriculture Officers of the state vide letter no.1936-58 dated 18.07.2024."
Ex-Situ Management
26. In Phase Wise Action Plan for Control of Burning of Paddy Crop Residue in the State of Punjab for the year 2024 filed with report dated 14 11.01.2024, Phase wise Action Plan for Ex-Situ Management is given as under:-
S.No. Activity Concerned Plan to achieve phase wise Department targets (from 01.01.2024 to 30.09.2024) Ex-situ Management 1 Utilization in PEDA /Dept. of 11 Bio mass power plants Biomass Agriculture / already operational utilizing Power plants District 1 Million Tonnes of paddy straw 3 lakh tonnes already being utilized in CBG plants PEDA is actively promoting Biomass power and CBG Projects in the State under NRSE Policy-2012 of Government of Punjab.
-All options are being explored and encouraged.
-Number of Balers/Rakes will be increased in the event of Start of Operation /working of Additional Bio Mass Units and the availability of funds from GoI 2 Utilization in PEDA /Dept. of As above CBG plants Agriculture / 3 Utilization in Department of Tenders issued by all TPPs for Thermal Power procurement of torrified power Plants pallettes 4 Utilization in PPCB/ Dept. of 20.69 Lacs Tonnes of paddy Industrial Industries straw already been used by Boilers industries.
PPCB is regularly conducting campaigns to encourage the industries to install paddy straw based boilers.
The target mentioned in the state action plan submitted to CAQM has already been achieved. A number of new industries are coming up and existing industries are also upgrading their industrial boilers based on paddy straw.
5 Utilization in PEDA Upcoming plant by HPCL at Bioethanol Bathinda which shall use 1.0 Plants Lakh MT of paddy straw A plant by M/S Rana Sugars already operational 15 6 Setting up of PPCB 5.64 Lac Tonnes already palletization being utilized by palletization Plants plants across the State. PPCB is regularly conducting campaigns to encourage the promotion of palletization plants. A Special Nodal Office has been designated to make entrepreneurs aware regarding one time subsidy scheme of CPCB and to facilitate them with the legal framework to avail the subsidy. 5.64 Lacs tonne of paddy straw is being consumed by the palletization plants which was nearly negligible last year 7 Utilization in PPCB PPCB has executed several Brick Kilns meetings with the Brick Kiln (In Lakh MT) Owners to use paddy straw.
Policy already notified making it compulsory for all BKOs to mandatorily co-fire paddy straw based palettes. Action being taken against BKOs who are not complying with the notification. Presently, matter has been stayed by Hon'ble High Court and efforts are on to get the stay vacated.
27. In Status/Action taken report dated 09.07.2024 Member Secretary, PPCB has given the details regarding ex-situ management and the relevant part thereof is reproduced below:-
" B. Punjab Energy Development Agency (PEDA) a. Details regarding mode and manner of removal of straw from the field, its transportation to different units of ex- situ management, the capacity of such units i.e. bio-gas power plants, CBG plant etc. i. Paddy Straw is removed from the fields using Biomass Aggregation Machinery by Private Aggregators and Project Developers on their own.
ii. Paddy straw is transported through tractor trollies in the baled form from field to storage area and is further transported in baled form from storage area to plant as per the daily consumption of paddy straw of the plant.
Total Biomass Power Projects: 11, detail is given in Annexure-A Total Capacity of Biomass Power Projects: 101.5 MW Consuming about 10 Lac ton paddy straw annually.
Total CBG Projects: 38 Total Capacity of CBG Projects: 470 TPD CBG 16 iii. 4 CBG projects of total capacity 85.23 TPD CBG are operational and are consuming 1.70 lac ton paddy straw annually the detail of which is given in Annexure-B. iv. 7 projects of total capacity 79 TPD CBG are to be operational during Financial Year 2024 -- 25 and will collect 1.80 lac ton paddy straw in 2024. Detail has already been given in Annexure-B. v. In addition to above 27 more CBG projects are at different stages of execution having capacity 305.27 TPD CBG to consume 8.674 tons paddy straw annually and are likely to be operational in next 1.5 - 2.0 years. The detail of 27 CBG projects is given in Annexure-C. Total 2G Bio-ethanol projects: 1 Capacity of 2G Bio-ethanol projects: 100 KI/day At full capacity to consume 2.00 Lac ton paddy straw annually. To be operational in 2024.
b. Detailed justification regarding the figures of ex-situ utilization in CBG plants, bio-mass power plants, bio- ethanol plants for the year 2023.
i. The details of Paddy Straw collected by CBG, Biomass Power and Bio-ethanol Plant In 2023:
1. Biomass Power Projects - 0.96 Lakh ton
2. CBG Projects- 3.00 takh ton
3. Bio-ethanol plant - 1.00 lakh ton The above-mentioned figures for collection of paddy straw by CBG, Biomass Power and Bio-ethanol projects has been collected from the private project developers.
c. Detailed report as to how projected figures for the year 2024 are to be achieved.
i. PEDA is facilitating project developers for commissioning of projects as per commissioning schedule, so that paddy straw can be collected as per target for year 2024. ii. Regular review meetings are being held with CBG and bio- ethanol projects developers, for resolution of issues being faced by them for expeditious implementation of the projects. iii. The issues raised by the developers in the review meetings are being taken up by PEDA with the concerned Department of Govt. of Punjab as well as with Govt. of India, in order to resolve the same.
C. Department of Power a. Details regarding mode and manner of removal of straw from the field, its transportation to Thermal Power Plants of ex-situ management Regarding mode and manner of removal of straw from the field, it is intimated that this is not in the scope of Thermal Power Plants. The Biomass pellets required for Co-Firing in Thermal 17 Power Plants are being procured through Open Tenders from the market.
b. Detailed justification regarding the figures of ex-situ utilization in Thermal Power Plants for the year 2023. Regarding justification of the figures for year 2023, it is intimated that the Biomass Pellets were received against the already placed Purchase Orders and were Co-Fired in TPPs. c. Detailed report as to how projected figures for the year 2024 are to be achieved.
Regarding the preparation for projected figures for year 2024, it is intimated that POs have been placed by all TPPs of Punjab State. The matter is being continuously taken up with the firms for ensuring the supply of Biomass Pellets. Further, fresh Tender Enquiries are also being floated for availing more supplies to ensure achieving of the projected figures. D. District Administration There are 23 districts in the State of Punjab. Detailed reports regarding the transportation and logistics of paddy straw from the fields/storage sites to different units for ex-situ management in the respective districts along with the availability of bailers and rakers in each district have been provided by all the Deputy Commissioners in consultation with various stakeholder departments at district level. The details of 23 districts are collectively enclosed as Annexure-D. E. Punjab Pollution Control Board (PPCB) a- Details regarding mode and manner of removal of straw from the field, its transportation to industrial units for ex- situ management alongwith details regarding the quantity of paddy straw to be used in each Industrial unit. i. Paddy Straw is removed from the fields using Biomass Aggregation Machinery by Private Aggregators and Project Developers on their own. Balers and Rakers have been provided in all the districts for removal of straw from the fields. ii. Paddy straw is transported through tractor trollies in the baled form from field to storage area and is further transported in baled form from storage area to plant as per the daily consumption of paddy straw of the industries. Most of the industries have provided their own storage areas/complexes for storage of paddy straw iii. Tractors/trolleys have been provided in each district, which are specially designed to carry/ haul bales from fields to storage points and further to points of consumption. Apart from these, industries which are using paddy straw have their own specialized trolleys to carry the bales. So, a robust mechanism of transportation of Ex-situ managed paddy straw exist in the state. The Govt of Punjab is also trying to facilitate better coordination between farmers, aggregators and industry so that there is smooth and optimum transportation and storage of Ex- situ managed paddy straw in the district iv. The data pertaining to paddy straw being utilized by industries in each and every district along with capacity of the industrial units, paddy straw being used by the units along with 18 number of balers and rakers available in each district has already been provided in Annexure-D and the same may kindly be perused.
b. Detailed justification regarding the figures of ex-situ utilization in Industrial boilers for the year 2023. I. 2.1 Million MT Paddy Straw was collected by the industrial boilers in 2023.
i. 18 Industries had commissioned and operationalized 100% paddy straw based boilers in 2023 thereby consuming 11.09 Lakh Tonne of Paddy Straw.
ii. 15 Industries had commissioned and operationalized boilers based on blending of Paddy Straw with other fuels in 2023 thereby consuming 4.32 Lakh Tonne of Paddy Straw. iii. 6 industries had commissioned and operationalize new boilers based on Paddy Straw in 2024 but had procured paddy straw in the paddy season 2023 thereby collecting 5.29 Lakh tones of Paddy straw in paddy season 2023.
II. As such, Total Paddy straw procured in the year 2023 is:-
11,08,950 TPA + 4,32,322 WA + 5,29,000 TPA = 20,69,972 TPA ( Nearly 20.69 Lac TPA or 2.1 Million Tonnes) III. The details of each industry along with paddy straw consumption in 2023 is enclosed as Annexure-E. c. Report regarding the preparation as to how projected figures for the year 2024 for utilization of paddy straw in industrial boilers and brick kilns are to be achieved.
i. A target of 3.1 Million Tonne has been fixed for utilization of paddy straw in the industrial Boilers in the paddy season 2024. As such, an additional 1 Million tonne has been targeted to be used in the year 2024 from the last 2.1 Million Tonnes ii. 36 new industries are setting up boilers to consume an extra 11.28 Lakh MT in 2024. Beside this, the sugar mills and milk plants having industrial boilers are being encouraged to use paddy straw based as fuel iii. PPCB is facilitating industries for commissioning of projects as per commissioning schedule, so that paddy straw can be collected as per target for year 2024.
iv. Regular review meetings are being held with the industries, for resolution of issues being faced by them for expeditious implementation of the projects. v. PPCB is extensively promoting setting up of palletization plants in the State of Punjab. There are 13 operational paddy straw pellet manufacturing units are 21 more are expected to be operational by November 2024.
vi. The brick kiln association had filed court case in Hon'ble High Court in CWP no. 24772-2023 titled as Punjab Brick Kiln Association vs State of Punjab & other regarding the mandatory replacement of atleast 20% coal with paddy straw pellet as fuel as per Govt. of Punjab, Department of Science Technology & Environment notification dated 04.11.2022 and the Hon'ble High Court has stayed the implementation of the directions. The next date of hearing is 30.07.2024. The Government of Punjab is putting forth all efforts to get the stay vacated" 19
28. In Status Report dated 09.07.2024 information regarding ex-situ management is given and the relevant part thereof is reproduced below:-
"i. The ex-situ components have been included in the CRM scheme and the Department is providing subsidy on balers and rakes.
ii.. Till now, the Department has provided 1554 Balers and 1413 Rakes on subsidy under the CRM scheme. iii. During the current year 2023-24, the Govt. of India has added a component regarding Establishment of crop residue/paddy straw supply chain. Under this component paddy straw supply chain with capacity of managing 3000MT/4500MT of paddy straw, are being established. iv. During the year 2023-24, 8 such centers were established in the State. The number of such supply chain centres is going to increase with the increase in the industry utilizing paddy straw."
Compliance during the year 2023
29. As per Status/Action Taken Report dated 19.03.2024 total paddy generation during 2023 was 19.55 million tonnes while total utilization of paddy straw by in-situ and ex-situ means and use as fodder was 15.86 million tonnes with the consequence that there was gap of 3.69 million tonnes which was burnt during the year 2023.
30. As per the report produced by the Commission for Air Quality Management there were 36,632 farm fire incident in Punjab between the period from 15.09.2023 to 28.11.2023.
31. In Status/Action Taken Report dated 19.03.2024 it has been mentioned that gap analysis with regard to the availability of CRM machines within each District of the State has been done by the respective districts but the requisite details/results of such gap analysis have not been compiled and filed with the above said report.
32. In Status/Action Taken Report dated 19.03.2024, 09.07.2024 and 02.09.2024 requisite details regarding coercive and punitive action 20 including launching of prosecution under Section 15 of the Environment (Protection) Act, 1986 taken in cases of persistent defaulters of crop residue burning and imposition of environmental compensation on the defaulters in accordance with mandate of order dated 10.12.2025 passed by this Tribunal in O.A. No. 118/2023 have also not been mentioned. Policy initiatives by Government of Punjab
33. In Status Action Taken report dated 19.03.2024 reference has been made to following policy initiatives of Government of Punjab:-
"(c) The Government of Punjab is working on a proposal for setting up of an industrial estate wherein a common boiler of large capacity based on paddy straw is proposed to be setup which shall supply steam to the units to be established in the proposed industrial estate.
(d) The Government of Punjab has made it compulsory for the upcoming distilleries/ existing distilleries setting up new boilers in the State to mandatorily use paddy straw as fuel.
(e) The Government of Punjab has offered the incentives of SGST reimbursement on the cost of the boiler (based on paddy straw) to be installed in industries such as Sugar Mills, Paper Mills and boilers of steam generation capacity more than 25 TPH under the PBIP Investment promotion policy of the State of Punjab."
34. However, in Status/Action Taken Report dated 09.07.2024 and 02.09.2024 further progress made in this regard has not been mentioned.
35. In Action Taken Report dated 09.07.2024 it has been mentioned that funds amounting to Rs.150.00 crore (central share) have been released by Government of India vide letter dated 01.07.2024 and the Department of Agriculture and farmers Welfare, Punjab is starting the process for release of State's share. However, in Status/Action Taken Report dated 02.09.2024 the details regarding release of State's share have not been given.
36. In Action Taken Report dated 09.07.2024 it was mentioned that as per plan approximately 10,000 various implements are to be provided to 21 the individual farmers and 1100 CHC are to be established in the State but in Status/Action Taken Report dated 02.09.2024 requisite information regarding providing of 10,000 machines and establishment of 1100 CHC has not been given.
37. It may be also added here that Government of Punjab considered grant of financial incentive to farmers to be essentially required in order to achieve zero stubble burning for the protection of environment. In Status Report dated 18.10.2023 filed by PPCB it was mentioned that incorporation of paddy straw into soil entails an additional expenditure of about Rs.3,000-4,000 per hectare to the farmer. The Government of Punjab wrote letter to Government of India for payment of cost compensation of Rs. 100 per quintal over and above the minimum support price to the farmers to cover the additional cost of paddy residue management to control the stubble burning. Letters were also written by Government of Punjab for grant of incentive of Rs. 2,500 per acre, to be called as Crop Residue Management Incentive Payment (CRMIP), to the farmers by sharing of the financial burden by State of Punjab, Delhi and Government of India in the ratio of Rs. 500/-, Rs. 500/- and Rs.1,500/- respectively to encourage the farmers not to burn paddy stubble. The Government of India is stated to have rejected the same. The Government of Punjab may explore the possibility of grant of such financial incentives to the farmers with its own budgetary support.
38. In Status Report dated 02.09.2024 it has been mentioned that the details of machines that have been supplied on subsidy have been made available on the website of the Department and the Districts have been advised to make the list of beneficiaries available at the district/block headquarters and to persuade the PACs/ Panchayats to display the list of available machines. It will be appropriate that details of district and village wise location along with the agencies with whom the above 22 machines would be available be displayed in the mobile and web based applications to be made operational by PPCB, the Department of Cooperation, the Department of Agriculture and also on the websites of the District Administration.
39. In Status report dated 02.09.2024 details of rentals/any other procurement methods of these machines by the farmers have been given. Details regarding nodal agency in the State, District and local level who shall be accountable for overseeing the implementation and monitoring the program; details of responsible officers such as Sarpanch and Members of local bodies at local levels of implementation of in-situ management and taking action for violation and name and designation of the highest authority in the State who will be responsible for the implementation, monitoring and enforcement of the entire program not below the rank of Additional Chief Secretary have been given but such information has been given in general and vague manner and the requisite information regarding nomination of such officers by name and designation with contact details have not been given.
40. It will be appropriate that the information regarding nomination of nodal officers by name, designation and contact details including their mobile phone number by the participating Departments and District Administration for co-ordination and compliance and also compiling and sharing of the requisite information be uploaded on the web-sites of the concerned Departments and the concerned District Administration with appropriate link on the main page.
41. As per the Status Report dated 02.09.2024 the officers of the Department of Cooperation will be deployed on area specific basis for ensuring usage of crop reside machinery and uploading the data on the mobile app. 'Cooperative Machinery Tracker'. The Deputy Commissioner 23 is to appoint one nodal officer for each village to be drawn from amongst the officials such as Secretaries of Cooperative Societies, Panchayat Secretaries, JE/ Linemen of PSPCL, officials of Agriculture/ Horticulture and Soil Conservation, Guardians of Governance etc. In Status/Action Taken Report dated 19.03.2024 it has been mentioned that PPCB shall ensure monitoring of incidents of burning of paddy straw through Punjab Remote Sensing Centre and ensure SMS alert is sent to field functionaries to take action on incidents of stubble burning; PPCB shall ensure that the mobile based application for both Android and IOS platform is made operational by 15.09.2024 and PPCB shall ensure that all data with respect to burning of crop residue as obtained from Remote Sensing authorities and action taken on the incidents and various MIS reports are available through a web-based application with facility to have a dashboard to drill down data. However, requisite details as to action taken regarding the same have not been mentioned.
42. The Special Chief Secretary (Development), Government of Punjab is directed to take further action in terms of the Status/Action Taken Reports already filed and file further Status/Action Taken Report giving information with regard to aspects highlighted above including the followings:-
(i) Steps taken by the State of Punjab for giving financial incentive by payment of higher price of crop over and above MSP or full or partial reimbursement of the cost incurred to the individual farmers to encourage the farmers to not burn paddy stubble.
(ii) Details regarding imposition of environmental compensation on the defaulters in accordance with mandate of order dated 10.12.2015 passed by this Tribunal in O.A. No. 118/2013 against the violators during the year 2023.24
(iii) Details regarding number of members of Panchayat, Nambardaar, members of cooperatives societies or employees of the Punjab Government or local bodies who burnt paddy straw/ stubble during 2023 and action taken against them.
(iv) Action taken by the Revenue Department for making red entries in the revenue record of the farmers who burnt paddy straw/ stubble during 2023.
(v) Gap analysis with regard to the availability of CRM during 2023 within each district of the State and impact thereof conducted by the respective districts and the remedial steps for ensuring availability of CRM within each district of the State.
(vi) Action taken by the Department of Agriculture for ensuring attachment of Super SMS on combine harvesters through individual level contact with details regarding total number of combine harvesters in the State and number of combine harvesters with which Super SMS has been attached
(vii) Action taken by the Department of Cooperation for deploying officers on area specific basis for ensuring usage of crop reside machinery and uploading the data on the mobile app. 'Cooperative Machinery Tracker'.
(viii) Action taken by Department of Agriculture and Farmer's Welfare to improve and increase the use of mobile app i-Khet for making crop residue management equipment available on rental on uber/ olla model.
(ix) Action taken by PPCB to make mobile based application for both Android and IOS platform operational by 15.09.2024 and make web-based application operational for providing data with respect to burning of crop residue as obtained from Remote Sensing authorities and action taken on the incidents and various MIS reports with facility to have a dashboard to drill down data. 25
43. List on 21.10.2024 for further consideration.
Prakash Shrivastava, CP Arun Kumar Tyagi, JM Dr. A. Senthil Vel, EM September 05th, 2024 O.A. No.632/2023 ag 26