National Green Tribunal
Gram Panchayat Village Tehang vs Union Of India on 29 April, 2026
Item No. 17 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 91/2026
Gram Panchayat Village Tehang Applicant
Versus
Union of India & Ors. Respondents
Date of hearing: 29.04.2026
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Ms. Vibha Nagar, Adv. for the Applicant (through VC).
Respondents: Mr. Apar Gupta and Mr. Naman Kumar, Advocates for respondent no. 4.
Ms. Sheenu Priya, Advocate for respondent no. 5.
Mr. Chirag Girdhar, Advocate for respondents no. 7 to 9 (through VC).
None for respondents no. 1,2,3 and 6.
ORDER
1. The applicant has filed present original application under section 14 read with sections 15 and 18 of the National Green Tribunal Act, 2010 seeking issuance of directions to respondents to take all necessary steps to restrain, prohibit and prevent the operation of Bitumen Hot Mix Plant in Village Tehang, Tehsil Phillaur, District Jalandhar, Punjab with consequential reliefs.
2. The applicant has raised grievance regarding establishment and operation of Hot Mix Plant at Village Tehang, Tehsil Phillaur, District Jalandhar, Punjab by respondent no. 7 in violation of the siting criteria and environmental norms as mentioned in the original application.
3. Vide order dated 06.02.2026, this Tribunal issued notices to the respondents and directed PPCB to carry out spot inspection and verification of the allegations made by the applicant and submit a comprehensive report.
14. In compliance thereof, PPCB has filed a report dated 24.04.2026.
The relevant part of the report is reproduced below:
"5) That the Punjab Pollution Control Board has already granted Consent to Establish (CTE) NOC to respondent no.7 for establishment of hot mix plant in the name of M/s Dhingra Brothers (India), Bitumen Plant, Village Tehang, Tehsil Phillaur, District Jalandhar under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 with suitable conditions in confirmation of the siting criteria prescribed for hot mix plants. The facts and circumstances that led to the grant of Consent to Establish (NOC) from pollution angle to respondent no.7 are mentioned and summarized below:
i. The Department of Town and Country Planning, Punjab has issued letter no. 1072/DTP(J)/SSV-1 dated 14.08.2025 to Jatinder Dhingra S/o Sh. Kawal Kishore Dhingra, Model Town, Jalandhar on the subject of land use classification for the site of Hot Mix Plant through Sh. Jatinder Dhingra S/o Sh. Kawal Kishore Dhingra at Village Tehang (H.B No. 142), Tehsil Phillaur, District Jalandhar. It is mentioned in the letter that the activity of hot mix plant is allowable at the proposed site. A copy of English translation of letter no. 1072 dated 14.08.2025 of the Department of Town and Country Planning, Punjab is enclosed as Annexure R-4/A. ii. The applicant has given request letter dated 03.09.2025 to the Joffice of Environmental Engineer, Punjab Pollution Control Board, Regional Office, Kapurthala for the establishment of hot mix plant at Village Tehang, Tehsil Phillaur, District Jalandhar.
With the request letter, a copy of jamabandi and lease deed was mentioned and enclosed. A copy of request letter dated 03.09.2025 is enclosed as Annexure R-4/B. iii. That it is relevant to mention here that the Government of Punjab, Department of Science, Technology and Environment has prescribed the siting guidelines for the establishment of hot mix plant in the State of Punjab vide order no.3 dated 26.04.1999 as under:
Distance from Distance
Municipal Corporation limits 5Km
Class A Towns and Cities limits 2 Km
Other Town and Cities limits lKm
Village Lal Dora / Phirni 500 Mts
Wild life Sanctuary / Zoo 500 Mts
National Highway 500 Mts
State Highway / scheduled Road 300 Mts
Residential Area ( 15 Pucca House) 300 Mts
Education Institute / Historical Religious 300 Mts
Place / Protection Monuments
iv. That it is further relevant to mention here that the Ministry of Environment, Forest and Climate Change, Government of India 2 has prescribed the siting criteria in clause (xi) of the notification no. GSR 376 (E) dated 18.05.2023 for hot mix plants as under:
a) 1 Km from boundary of cities and towns.
b) 0.5 Km from Habitation.
c) 0.2 km from National or State Highway (from centre line)
d) 0.5 Km from Schools or College and temples.
e) 1 Km from Hospital, Court and Tourist spot.
The Environmental Engineer, Punjab Pollution Control Board, Regional Office, Kapurthala has written a letter no. 1973 dated 03.09.2025 to the Tehsildar, Tehsil Phillaur, District Jalandhar for verification of the siting guidelines of the proposed site for the establishment of hot mix plant in respect of from Village Phirni/Lal Lakir, Wild Life Sanctuary, Zoo, Residential Area* (15 pucca houses), Educational Institutions (School/College), Historical Religious Places, Temple, Hospital, Court, Tourist Spot and Protected Monuments, which are the distances proposed in the notification of the State Government as well as the notification of the Central Government. A copy of letter no. 1973 dated 03.09.2025 is enclosed as Annexure R-4/C. vi. That the Tehsildar, Phillaur vide report dated 05.09.2025 has certified the following distances of the proposed site of the hot mix plant (which found mention in the central and the state government orders).
a) There is no Municipal Corporation limit within 5.0 km of the site.
b) There is no city upto 2.0 KM of the site.
c) There is no lal lakir / phirni within 500 meters of the site.
d) There is no National / State Highway within 500 meters
of the site.
e) There are no pucca 15 houses within 500 meters of the
site
i) There is no educational institution Historical Religious
Place/Protection Monument within 500 meters of the site.
g) There is no wildlife sanctuary / zoo within 500 meters of the site.
h) There is no temple / Gurudwara/Court/ Tourist spot within 500 meters of the site.
A copy of English translation of the report dated 05.09.2025 of Tehsildar Phillaur is enclosed as Annexure R-4/D. vii. That considering the report of the Department of Town and Country Planning, Punjab and Tehsidar Phillaur which is in confirmation of the siting criteria of the Central and State Government, the Punjab Pollution Control Board has granted Consent to Establish from pollution angle to respondent no.7 for establishment of hot mix plant in the name of M/s Dhingra 3 Brothers (India), Bitumen Plant, Village Tehang, Tehsil Phillour, District Jalandhar under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 with suitable conditions vide dispatch no OCMMS/consent to establish/2025/010484 dated 26.09.2025. A copy of the Consent to Establish (NOC) dated 26.09.2025 having validity upto 25.09.2026 is enclosed as Annexure R-4/E.
6. That the applicant has raised certain grounds in the application by referring to the visit report prepared by Assistant Professor, Civil Engineer in Guru Nanak Dev Engineering College which found mention in paragraph 03 of the order dated 06.02.2026 of this Hon'ble Tribunal. The reply and comments of the Board to the said allegations and grounds is given below.
a. The site report of Assistant Professor, Civil Engineer in Guru Nanak Dev Engineering College seems to has been obtained by the applicant at his own level.
b. As far as the allegation relating to existence of Veterinary Hospital near to the site of the hot mix plant is concerned, it is submitted that the alleged veterinary hospital is only an outdoor veterinary facility which is opened only for a limited period. In the said veterinary facility, minor ailments of animals are taken care of in the OPD and the same is not a full-fledged hospital. The 24 x 7 care with hospitalization and major treatment is only available in the Veterinary Polyclinics situated at the District Head Quarter. The siting criteria framed by the Ministry of Environment, Forest and Climate Change, however, does not refer to any veterinary hospital in the notification dated 18.05.2023.
c. The further allegation refers to the Government health dispensary. The dispensary is only an outdoor facility without any indoor bed facility for the patients which is opened only for a limited period. The 24 x 7 care with hospitalization and major treatment is only available in the hospital and the dispensary is not the hospital. The siting criteria framed by the Ministry of Environment, Forest and Climate Change, however, does not refer to any dispensary in the notification dated 18.05.2023.
d. Another allegation relating to the distance of village Tehang and Shahpur @ 0.520 KM and 0.602 KM respectively from the hot mix plant cannot be referred to the distance of cities and towns as the habitation is prescribed as 0.5 Km in the notification and boundary of cities and towns @ 1.0 km. Hence, the allegation is not sustainable.
e. The allegation relating to the existence of a dairy farm is not sustainable as there is no such reference of distance from dairy farm in the siting criteria.
f. The allegation relating to the existence to the playground of Guru Nanak Dev University College, Tehang is also not sustainable as there is no such reference of distance from playground in the siting criteria.
4g. The mention of a temple (Bute da Khooh) is also not sustainable as the report dated 05.09.2025 of Tehsildar, Phillaur (Revenue Authority) has certified that there is no educational institution, historical religious place, protected monument, temple, gurudwara, court, tourist spot, wildlife sanctuary, zoo within 500 meters of the site of the hot mix plant as per revenue record.
7) That it is relevant to mention here that the hot mix plant was found in operational condition during the visit by the Board officers on 26.12.2025 and hence a show cause notices for violation of the provisions of the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 were issued by the Board to the hot mix plant of respondent no. 7 vide letter no. 2884 dated 31.12.2025 and letter no.748 dated 18.02.2026. A copy of letter no. 2884 dated 31.12.2025 is enclosed as Annexure R-4/F and a copy of letter no. 748 dated 18.02.2026 is enclosed as Annexure R-4/G. The hot mix plant has given reply dated 27.02.2026 stating that the unit was not operational and the availability or condition of machinery should not be construed as operation of the plant. The hot mix plant has applied for the consent to operate of the Board on 26.02.2026. A copy of reply dated 27.02.2026 given by the hot mix plant is enclosed as Annexure R-4/H.
8) That the consent to operate application filed by the hot mix plant is under consideration of the Board.
9) That in further compliance to the order dated 06.02.2026 of this Hon'ble Tribunal, the site of the hot mix plant was visited by the Assistant Environmental Engineer and Scientific Assistant of the Punjab Pollution Control Board on 20.04.2026 when the unit i.e., hot mix plant of respondent no.7 was in operation and clear emissions were observed from the stack of the hot mix plant. The officers of the Board had conducted sampling and the stack emission sample of the hot mix plant of respondent no.7 was sent to Zonal Laboratory, Jalandhar for analysis vide letter dated 20.04.2026. A copy of data sheet prepared by the visiting officers during visit on 20.04.2026 is enclosed as Annexure R-4/I. The sample analysis report is awaited.
The unit was found complying with the code of practice as mentioned and prescribed in the notification no. 376(E) dated 18.05.2023 of the Ministry of the Environment, Forest and Climate Change of the Government of India. The report dated 20.04.2026 of the visiting officer in this regard is enclosed as Annexure R-4/J."
5. Learned counsel for the respondents no. 7, 8 and 9 seeks time for filing of their responses.
56. Respondents no. 7, 8 and 9 are granted opportunity to file objections, if any, to the report filed by the PPCB and also their replies/responses to the original application.
7. Objections, if any, to the report filed by PPCB and replies/responses to the original application may be filed by the respondents no. 7, 8 and 9 at least three days before the next date of hearing fixed.
8. In view of the precautionary principle embodied in section 20 of the National Green Tribunal Act, 2010 and facts and circumstances of the case particularly the averments in the original application regarding violation of siting criteria in establishment of Hot Mix Plant and also observations in the report filed by PPCB regarding its operation without grant of CTO by PPCB, respondents no. 7, 8 and 9 are restrained from operating the Hot Mix Plant in question and the District Magistrate, Jalandhar and the Commissioner of Police, Jalandhar are directed to take all requisite measures for ensuring that the Hot Mix Plant does not illegally operate.
9. List on 18.08.2026 for further hearing.
10. A copy of this order may be sent to the District Magistrate, Jalandhar and the Commissioner of Police, Jalandhar by e-mail for requisite compliance.
Arun Kumar Tyagi, JM Dr. A. Senthil Vel, EM April 29, 2026 Original Application No. 91/2026 dv 6