National Green Tribunal
M/S Jayshri Gayatri Foods Products Pvt. ... vs Mppcb Through Its Member Secretary on 25 September, 2024
Item No. 07
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Appeal No.11/2024 (CZ)
(I.A.No.76/2024)
M/s Jayshri Gayatri Foods Products Pvt. Ltd. Appellant(s)
Vs.
MP PCB through its Member Secretary & Ors. Respondent(s)
Date of Hearing: 25.09.2024
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Appellant(s): Mr. Om Shankar Shrivastava, Adv.
Mr. Dharamvir Sharma, Adv.
For Respondent(s) : Mr. Yadvendra Yadav, Adv.
Ms. Parul Bhadoria, Adv.
ORDER
1. The submission of the appellant is that the Appellant M/s Jayshri Gayatri Foods Products Pvt. Ltd., runs an agriculturally based industry manufacturing dairy products in Village Pipaliya Meera, Tehsil and District Sehore (M.P.).
2. Appellant has established Anaerobic Effluent Treatment Plant (ETP) having capacity of 500 KLD along with water purification system including Ultra Filtration (UF) and Reverse Osmosis (RO). The ETP is efficiently operating and also subsequent chambers are being run with proper supply of electricity. In case of non-supply of electricity, in any circumstances, shall lead to heavy pollution/contamination, 1 Appeal No. 11/2024(CZ) M/s Jayshri Gayatri Foods Products Pvt. Ltd. Vs. MP PCB through its Member Secretary & germinations of bacteria which may adversely impact upon the local environment. Therefore, disconnection of electricity is not in favour of pollution free environment.
3. On 10.07.2024 Nayab Tehsildar, District Administration with some persons visited the unit and found discharge of untreated water around the unit and collected the samples and on the basis of that an order was passed by the State Pollution Control Board with direction to close the unit and disconnection of electricity supply.
4. Challenge to this appeal is the order dated 16.07.2024, whereby and whereunder the closure direction has been issued against the unit of the appellant by the MPPCB. The contention of the Learned Counsel for the Appellant is that proper opportunity of hearing was not provided to the appellant. Issue notice to the Respondent. It is further contended that the appellant runs an agricultural based industry manufacturing dairy products in Village-Pipaliya Meera, TehsilSehore, District- Sehore (M.P.) which provides employment to about 2000 persons. There are more than 1 lakh farmers who are engaged in supply of milk, having more than 2 lakh livestock, which is an environment friendly prospect for farmers.
5. It is further alleged that the milk products and huge stock of the milk is being completely spoiled due to non-supply of electricity and water in the unit from 16.07.2024 till the filing of appeal, thus, causing great loss to the GDP and the farmers.
6. Learned counsel for the appellant Mr. Om Shankar Shrivastava has submitted that the action initiated by the authorities are in violation 2 Appeal No. 11/2024(CZ) M/s Jayshri Gayatri Foods Products Pvt. Ltd. Vs. MP PCB through its Member Secretary & of Water (Prevention and Control of Pollution) Rules, 1975 and Rule 34 that there is a provision of providing opportunity of not less than 15 days and further if the proposed direction is for the stoppage of regulation of the electricity and water affecting the carrying of the industry in operation then there must be an opportunity of hearing and objection to the affected person. It is further argued that the provision contained in Section 21 of the Water (Prevention and Control of Pollution) Act, 1974 (1,2and 3 have not been complied with).
7. Learned counsel for the State PCB Ms. Parul Bhadoria put in appearance and sought information from the concerned department and submitted that unit was found in violation of Water (Prevention and Control of Pollution) Act, 1974 and thus immediate action was required and was taken vide order impugned dated 16.07.2024. In response thereof it has been argued on behalf of the appellant that Nayab tehsildar and Patwari is not authorized to take the sample and further action taken by the authorities concerned was not in accordance with provision of law.
8. Notices were issued to the respondents and Regional Director, CPCB Bhopal was directed to nominate any competent scientist to visit the site and examine the matter and to report.
9. The Members of the CPCB Dr. Ranu Chouksey Verma, Scientist "C"
and Mr. Sunil Kumar Meena, Scientist "E" visited the site and submitted the report as follows :
3Appeal No. 11/2024(CZ) M/s Jayshri Gayatri Foods Products Pvt. Ltd. Vs. MP PCB through its Member Secretary & 2.0 Compliance status 2.1 Under Water (Prevention & Control of Pollution) Act, 1974
1. M/s Jayshri Gayatri Foods Products Pvt. Ltd. is located at Survey No. 279/ 3/1, 279/ 3/2, 279/ 3/3, 279/3/4, Village- Pipaliyameera, Dist. Sehore (MP) is involved in the manufacturing of dairy products viz. Butter, Cheese, Cream, Dairy based dessert, Fat spread, Flavoured milk, Ghee, Milk Powder, Paneer etc. During the visit on 24.7.2024, the unit was found non-operational.
2. The unit is having valid Consent to Operate (CTO) under Water & Air Act till 31.12.2024 and valid Authorization under HOWM Rules, 2016 till 31.12.2028.
3. The unit has an old ETP of 200KLD capacity, presently used as a collection tank and pH correction is done here. On the day of the visit, out of total 10 collection tanks, 04 were partially filled with effluent with a thick layer of 1-2 inches of milk fat. 03 tanks were empty & 3 tanks which were filled with fresh water to be used in fire hydrant system. The old ETP needs to be dismantled as this is established near the natural drain and there is very high possibility of discharging the untreated effluent in odd situation. Storing effluent just for pH correction is not acceptable as at the new ETP (500KLD) still the pH at inlet ranges pH 5 to 5.5; which suggest that no effective pH correction is being done at old ETP. Also, no flow meter is installed at the outlet point of the Old ETP to record the volume of wastewater pumped to new ETP for the treatment.
4. As per the water consumption record of 1st June to 16th July 2024, the daily average consumption of water in the process, utility, floor washing etc. is 261.79 KL out of which 28.54 KL is fresh water supplied from Borewell and 233.25 KL is the RO permeate. The unit has the NOC of CGWB for the borewell for abstracting 32.4KLD groundwater, which found in line with the average daily abstraction of the 1st June to 16th July, 2024. The copy of the NOC issued by CGWA is enclosed as Annexure- 4. Also, the 1st June to 16th July 2024 water consumption is enclosed as Annexure- 5 along with the production details.
5. The average daily generation of effluent during 1st June to 16th July 2024 is 368.5KL. This includes fresh water (28.5KL), RO permeate (233.25KL) & the wastewater generated from the production of milk products (106.7KL).
6. For the treatment of this effluent unit has established an Upflow Anaerobic Sludge Blanket (UASB) based ETP plant of 500KLD capacity in year 2022 at GPS co-ordinate 23.14876, 77.1372 with tertiary treatment via Ultra Filtration (UF) & Reverse Osmosis (RO). The New ETP is about 2 Km distance (aerially) from the unit. The HDPE pipeline of 4"
diameter & 2.8" KM is laid down to carry effluent from the unit to ETP for treatment. The return HDPE pipeline also laid 4 Appeal No. 11/2024(CZ) M/s Jayshri Gayatri Foods Products Pvt. Ltd. Vs. MP PCB through its Member Secretary & down to carry treated RO permeate to plant for re-use in the process.
7. The ETP has following unit operation with specified capacity-
S. No. Unit Capacity (in KL) Screen Chamber 08 1. &Fat trapper Equalization tank 450 2 UASB reactor 3000 3 Primary clarifier 150 4 Aeration tank 750 5 Secondary 150 6 clarifier Filter feed tank 25 7 Ultra-Filtration 50 8 Reverse Osmosis 20 L/ hr 9 RO permeate 80 10 tank RO reject tank 70 11
8. As the production unit was non-operational after the closure direction dated 16.7.2024, no fresh effluent is coming to new ETP. Also, the flow meter was found not working. As the ETP is UASB based, so keeping microbial culture alive is very much necessary, due to this at ETP Equilization tank, UASB & Aeration tank machinery were operational rest all were not operational. Therefore, no sample was collected from the ETP during the inspection.
9. The flow meter installed after RO, to account outlet flow of RO permeate was showing the totaliser reading of 90552 m3. The electricity meter reading of the meter Serial no. HPL3687560 installed at ETP reveals following unit consumption Month Unit (KWH) consumed 5 Appeal No. 11/2024(CZ) M/s Jayshri Gayatri Foods Products Pvt. Ltd. Vs. MP PCB through its Member Secretary & July 2023 21324 August 2023 25802 Sept 2023 26271 Oct 2023 21935 Nov 2023 24992 Dec 2023 22990 Jan 2024 29570 Feb 2024 34506 March 2024 27268 April 2024 28572 May 2024 27965 June 2024 27756 The unit consumption recorded on the electric meter reveals that the ETP was operational on regular basis. However, it is pertinent that a detailed water audit shall be conducted by the MPPCB to assess the water consumption, waste water generation & utilization, as on the day of inspection i.e. 24.7.2024 the inlet flow meter at New ETP was not functioning and there is no flow meter installed at plant premises to account the utilization of the treated water.
10. The RO permeate is carried back to the unit through pipeline and being used by the unit in process, washing and green belt development; while RO reject is used for dust suppression, horticulture at ETP area. Water mounted water sprinklers also installed at the ETP area.
However, as per the CTO No. AWH-58552 'additional water condition' "Industry needs to install MEE & Dryers for the treatment of the RO reject within 6 months to achieve ZLD as committed in the reply submitted to MPPCB on 28.6.2023." This condition is not yet complied by the industry.
11.The unit has not submitted emergency protection plan/ ZLD scheme to ensure no discharge of untreated effluent during ETP breakdown.
12. During the visit, no direct discharge of the treated or untreated effluent in natural drain was observed from the unit premises. However, CPCB team has investigated the matter of illegal discharge into the agricultural field with the help of Google Satellite images and found that the agri field situated on the right bank of the natural drain flowing behind the industry was filled up with some odorous effluent. The team observed green and blackish algal growth on the swampy area, the vegetation was found damaged due to excessive water accumulation. At few patches semi-dried white colors material was also found on the same agri land having the similar smell as the fermented milk products have. Two HDPE pipelines laid on the field were also observed. The location where these observations were made subjective evidence that the untreated or partially treated effluent was being discharged in these agri field which were about 250 meter behind the industry. The geo location is 23.1675830, 77.1389077.
6Appeal No. 11/2024(CZ) M/s Jayshri Gayatri Foods Products Pvt. Ltd. Vs. MP PCB through its Member Secretary & The overflow of these agri field was meeting natural drain on right bank and cause water quality deterioration. However, on the day of visit i.e. 24.07.2024 no such effluent was meeting the natural drain.
13. Team CPCB has surveyed all natural drains passing behind the plant & adjacent to the plant, also visited the Dugwell situated on the right bank of the drain/river at Pipaliya Mira village. To verify the facts and assess the concentration of pollutants in the drain, the team has collected 04 nos. of surface water samples from the upstream and downstream of nearby drain and an open well in Pipaliya Mira village. The samples were analysed at CPCB RD Bhopal Laboratory (An EPA recognised lab) for parameter of concern. The details of the water samples collected along with analysis results are tabulated below:
Parameters Sampling Location Details
with GPS Co-ordinates
U/s Drain near Open Well at D/s drain at U/s drain n
M/s Jayshri Pipaliyameera Pipaliyameera backyard of M/s
Unit Vill. Vill. Jayshri
(23.165892, (23.174319, (23.174674, (23.167393,
77.135793) 77.129717) 77.128141) 77.137841)
pH 7.2 6.8 7.6 7.2
TSS 8 4 12 32
TDS 372 612 384 528
COD 7 3 29 14
BOD (27oC, 3 days) Result awaited
Chloride 24 41 28 41
Oil & Grease 2.0 2.0 2.0 2.1
Note: Except pH all units are in mg/l
The analysis result of concern parameters shows no abnormal values. However, these analysis results are not conclusive as the sampling is carried out in monsoon season due to which the natural drains were having good flow and due to sufficient dilution, no pollutant concentration was recorded in higher range.
Water sampling at the agricultural field where traces of effluent discharge were observed was not carried out as no flowing water was available on the site. Also, as ETP installed by the industry was non-operational due to closure of the unit, samples were not collected from the ETP during inspection.
The samples were collected from the outside boundary of the premises, on the request of the industry representative (hereinafter 'occupier') the samples were collected as per the prescribed procedure of sampling as per E(P) Act, 1986 and samples were sealed & signed along with a notice served to occupier for the intend of sampling. The second part of the samples were provided to occupier in sealed form. The copy of Form-I under Rule- 7 of E(P) Act, 1986.
7Appeal No. 11/2024(CZ) M/s Jayshri Gayatri Foods Products Pvt. Ltd. Vs. MP PCB through its Member Secretary &
14. Septic tank provided for the treatment of sewage generated inside the premises.
As the industry has indirectly discharged effluent into the natural drain, as the ZLD plant not yet installed, as the emergency protection plan not submitted yet, as flow meter at new ETP is not functional and the old ETP is still under use, PTZ camera is not installed at old ETP, it is concluded that unit is not complying under Water (Prevention & Control of Pollution) Act 1974.
2.2 Under Air (Prevention & Control of Pollution) Act, 1981
1. The unit is having 02 nos. of boilers of capacity 8 TPH and 12 TPH.
2. As Air pollution control system, the boilers are provided with stacks of height 30 m & 31 m respectively and installed with baghouse filters.
3. The unit has made necessary arrangements for monitoring facility at each stack like monitoring platform with ladders and port hole at required height. However, the stack connected with 8 TPH boiler is having monkey ladders in place of easy spiral ladders.
4. The boiler ash found stored near the boiler house requires effective management.
5. The plantation is not as per the CTO condition i.e. 198 Nos. plants. The industry is partially complying under the Air (P&CP) Act 1981.
2.3 Under Hazardous & Other Waste Management & TM Rules, 2016
1. The unit is having valid authorisation under HOW (M & TM) Rules, 2016 for generation of hazardous waste and which is valid up 31.12.2028.
2. The unit is generating spent used oil (Category 5.1) which is mainly used in compressor, which is informed as to be sold to authorized dealers.
3. For the storage of hazardous waste, the unit has not provided proper closed room acquainted with slope, side channels and pit. Empty drums of used oils were kept in open within the premises along with the drums of fat milk at the time of inspection.
4. As per the hazardous waste norms, no hazardous waste board was displayed at the hazardous waste storage area.
5. The unit has not provided the record of hazardous waste generated as per Form- 3 of rule 6(5) of HOW(M & TM) Rules, 2016.
6. The unit has not provided Hazardous waste Display Board with quantity provided at the front gate of Unit. It was informed that is recently painted and soon will be updated.
The industry is partially complying under the HOW (M & TM) Rule, 2016.
8Appeal No. 11/2024(CZ) M/s Jayshri Gayatri Foods Products Pvt. Ltd. Vs. MP PCB through its Member Secretary & Observations on the discharge in nearby drain:
1. The unit (M/s Jayshri Gayatri Food Products Ltd, Sehore) is located at Khasra No. 279/3/1, 279/3/2, 279/3/3, 279/3/4, Village - - Sehore, Distt. Sehore. Total land area is 0.356 Ha. The nearest village Pipaliyameera is situated at approx. 1.20 km away from the unit.
2. On the day of field visit of CPCB team on 24.07.2024, the unit was not operational as in compliance of MPPCB closure notice dated 16.07.2024 direction u/s 33A of Water (P&CP) Act 1974; the Madhya Pradesh Electricity Board (MPEB) disconnected the power connection on 7: 00 PM dated 16.07.2024.
3. During the visit, no direct discharge of the treated or untreated effluent in natural drain was observed from the unit premises. However, the unit is found indirectly discharging the untreated or partially treated effluent in to the Agri field situated on the right bank of the natural drain flowing behind the industry. The overflow of these agri field was meeting natural drain on right bank and cause water quality deterioration.
3.0 Contention on sampling procedure adopted by MPPCB on 10.7.2024 The appellant under Para 8 of the Appeal No. 11 of 2024 made the contention that the prescribed procedure of sampling as prescribed under section 21 (3) of the Water (Prevention & Control of Pollution) Act, 1974 was not adopted by the Regional Office, Bhopal on the day of inspection i.e. 10.7.2024, also the appellant is unknown about the said water sampling.
In this regard, it is humbly submitted that this office has received the MPPCB inspection (dt. 10.7.2024) report on 24th July 2024 and as per the report, it is inferred that the visit was w.r.t. the complaint of the District Administration. Further, the legal sampling was carried out on 10.7.2024 in presence of the industry representative by the Chemist & lab assistant of the Regional Office, MPPCB, Bhopal. During the inspection officials of district administration, Sehore were also present. Further, the observation given at point no. 5 of the inspection report state that:
"जिला प्रशासन के उपरोक्त दल के साथ उद्योग का ननररक्षण ककया गया एवं ननरीक्षण दौरान उद्योग द्वारा अनुपचाररत दू जित ज ल को पाइप के माध्यम से उद्योग के पीछे पररसर के बाहर भूमम (अक्षां श- 23.1679 दे शां तर
- 77.13864) पर ननस्ताररत करते पाया गया"
To verify the factual status, the Officers of CPCB have visited the site on 24.7.2024 and observed that 02 HDPE pipes were laid in the agricultural land lying on the right bank of the non-perennial natural drain. The agricultural land was swampy in nature and black & green algal growth on the accumulated water was observed. Near one of the places in agricultural field, semi dried white deposits were observed that was having odor similar to fermented milk compounds.
9Appeal No. 11/2024(CZ) M/s Jayshri Gayatri Foods Products Pvt. Ltd. Vs. MP PCB through its Member Secretary & At one side of the agricultural field, newly made bund of soil was observed. This bund is majorly made to stop the overflow of the agricultural field in the drain. CPCB team is in opinion that this is the point from where the industrial discharge effluent met the natural drain and cause the grave environmental concern during that period. However, on the day of visit i.e. 24.7.2024 due to good flow in natural drain no traces were observed in drain.
The field observations of the CPCB officers are found in line the observation made in by the MPPCB in the inspection report (10.7.2024).
The sample collected by the MPPCB on 10.7.2024 along with the industrial representative was under the prescribed Form- XII under Rule 34 of the Water (P&CP) Act 1974.
However, MPPCB may submit its response in compliance of the NGT order dated 23.4.2024.
4.0 Contention on opportunity of reply/hearing was not provided before the closure direction against the provision prescribed under Water (P&CP) Rule, 1975 Rule 34 The closure direction was issued by MPPCB on 16.7.2024 and on the same day the electricity & water supply connection were cut down. However, there is a provision of giving an opportunity of not less than 15 days from the date of service of a notice is provided under Rule 34 (3) of Water (P&CP) Rule 1975.
Here it is pertinent to mention that Rule 34 of Water (P&CP) Rule 1975 is under Chapter 11 with a heading of "Powers and functions of the Central Board in relation to Union Territories", which are not applicable on State Board as Madhya Pradesh has notified their own rules of Water (P&CP) (Madhya Pradesh) Rule, 1975 on 8th December 1975.
In this regard, it is humbly submitted that giving an opportunity of hearing falls under the "Principle of Natural Justice". However, under the Rule 37 (4) & (6) of 'Directions' of Water (P&CP) (Madhya Pradesh) Rules 1975 stated following:
Rule 37 (4) Where the proposed direction is for the stoppage or regulation of electricity or water or any other services affecting the carrying on any industry, operation or processs and is sought to be issued to an officer or an authority. A copy of the proposed direction shall also be endorsed to the occupier of the industry, operation or process, as the case may be, and objections, if any. filed by the occupier with an officer designated in this behalf shall be dealt with in accordance with the procedures under sub-rules (3) and (5) of this rule:
Provided that no opportunity of being heard shall be given to the occupier, if he had already been heard earlier and the 10 Appeal No. 11/2024(CZ) M/s Jayshri Gayatri Foods Products Pvt. Ltd. Vs. MP PCB through its Member Secretary & proposed direction referred to in sub rule (3) above for the stoppage or regulation of electricity or water or any other service was the resultant decision of the State Board after such earlier hearing.
Rule 34 (6) In case where the State Board is of the opinion that there is likelihood of a grave injury to the environment and it is not expedient to provide an opportunity to file objections against the proposed direction it may. for reasons to be recorded in writing, issue directions without providing such an opportunity:
In view of likelihood of the grave injury to the environment, it is not expedient to provide the opportunity if State Board opined so. In the present matter, where intentional discharge of effluent on the agricultural field was done and the overflow met the natural drain and resulted in water contamination. This may be considered as a grave injury to the environment as it was an intentional discharge done by the industry.
Further, it is pertinent to mention here that in an earlier matter at Hon'ble NGT O.A. 15 of 2022 in the matter of Mangilal Mewada Vs State of Madhya Pradesh, similar kind of issue was raised against M/s Jayshri Gayatri Foods Products Pvt. Ltd. by the nearby villagers about the discharge of effluent in the natural drain. The MPPCB issued closure direction under Section 33A of Water (P&CP) Act 1974 on 19.1.2022 for discharging effluent outside the premises and operating without valid CTO. An Environmental Compensation of Rs. 1,20,50,000/- was also imposed for the violation period i.e. 1.6.2019 to 19.1.2022.
5.0 Contention on not serving the notice as per the Water (P&CP) Rule, 1975 Rule 35 In this regard, it is humbly submitted that MPPCB may submit its response on this "Manner of giving notice", however this should to be as per the prescribed procedure laid under Rule 38 of Water (P&CP) (Madhya Pradesh) Rules 1975.
6.0 Conclusion On the day of visit i.e. 24.7.2024, the intentional discharge was observed in the agricultural field lying on the right bank of the natural drain flowing behind the industry. The collected 04 samples from upstream & downstream drains w.r.t industry premises were analysed for pH, COD, TSS, TDS, Chloride and O&G. The analysis results have not shown any significant contamination. However, these results can't be treated as conclusive as the sampling were carried out in monsoon season and the drains were having good flow and dilution. Additionally, the initial inspection by MPPCB occurred 15 days prior to the CPCB visit, making it unlikely to detect higher concentrations of pollutants.
11Appeal No. 11/2024(CZ) M/s Jayshri Gayatri Foods Products Pvt. Ltd. Vs. MP PCB through its Member Secretary & Earlier also in year 2022, the effluent discharge outside the premises was reported and Environmental Compensation (EC) was imposed. Similar kind of intentional discharge was done in this year 2024. Such kind of act can be treated under grave injury to the environment. However, in such case when the raw material is perishable in nature and employment of many is on stake, an opportunity of hearing may be provided to the industry.
The revocation of the closure direction may be considered after the following compliances made by the industry:
1. Submit the action plan for cleaning the agricultural land where intentional discharge was done & execute within 7 days.
2. Clean up the old ETP and put PTZ camera to supervise any discharge outside the premise.
3. Scientifically dispose the raw material spoiled during the closure period.
4. Submit the ZLD plan with Bank Guarantee to MPPCB.
5. Submit the emergency protection plan.
6. Provide the Hazardous waste storage site, display board as per the HOWM Rules 2016.
7. Provide separate storage for milk fat storage to avoid spillage.
8. Repair flow meter installed at new ETP inlet & other places. Install flow meter at the effluent outlet point at the plant premises. MPPCB may verify the functionality of the same Also, it is recommended that MPPCB may conduct the water audit of the industry to ascertain the actual water consumption, waste water generation, treatment & utilization.
MPPCB may assess & imposed Environmental damage cost and recover the same.
10. The contention of the Learned Counsel for the appellant is that without any notice to the Appellant, to utter surprise, suddenly electricity was disconnected at 7:00 PM on dated 16.07.2024, by then astonishingly not even closure notice was served as prescribed 12 Appeal No. 11/2024(CZ) M/s Jayshri Gayatri Foods Products Pvt. Ltd. Vs. MP PCB through its Member Secretary & under Rule 35 of Water (Prevention and Control Of Pollution) Rules, 1975. The sudden stoppage of unit at this stage due to electricity and water disconnection caused serious repercussions and created grave threat to the livelihood of the families of 1500 employees, families of one lakh farmers / milkmen, along with a threat to the life of more than two lakh cows and buffaloes. This threat to the life of two lakh cows and buffaloes is going to raise a serious ecological imbalance, which shall result into severe environmental damage who were directly and indirectly dependent upon the operation of the unit.
11. And further that, the impugned order issued on the pretext of hampering lawfully carried business of the Appellant, states false and unfounded grounds/reasons for immediate closure of the unit basing it on the inspection done by Regional Office, Bhopal on dated 10.07.2024. The impugned order surprisingly constitutes a mix of imaginary/concocted grounds such as discharge of untreated water in open area, water sampling done which is unknown to the Appellant as no procedure prescribed under Section 21(3) of the Water (Prevention and Control of Pollution) Act, 1974 have been followed. Section 21(3) of the Water Act, 1974 states as follows: -
"21. Power to take samples of effluents and procedure to be followed in connection therewith:-
(3) Subject to the provisions of sub-sections (4) and (5), when a sample (composite or otherwise as may be warranted by the process used) of any sewage or trade effluent is taken for analysis under sub-section (1), the person taking the sample shall
a) serve on the person in charge of, or having control over, the plant or vessel or in occupation of the place (which person is hereinafter referred to as the occupier) or any agent of such occupier, a notice, then and there in such form as may be prescribed of his intention to have it so analysed;
b) in the presence of the occupier or his agent, divide the sample into two parts;13
Appeal No. 11/2024(CZ) M/s Jayshri Gayatri Foods Products Pvt. Ltd. Vs. MP PCB through its Member Secretary &
c) cause each part to be placed in a container which shall be marked and sealed and shall also be signed both by the person taking the sample and the occupier or his agent;
12. That, the notice/impugned order dated 16.07.2024 for closure of the unit has not been properly served to the Appellant and is in violation of Rule 35(3) of Water (Prevention and Control of Pollution) Rules, 1975 have been followed which states serving notice through registered post acknowledgement due. Rule 35(3) reads as under:-
" 35. Manner of giving notice. The manner of giving notice under clause (b) of sub-section (1) of section 49 shall be as follows, namely:- (3) The notice shall be sent by registered post acknowledgement due"
13. The contention of the appellant is that the Principle of Natural Justice have not been followed, the Rule 35 of Water (Prevention of Control of Pollution) Act 1975, the procedure as prescribed under Section 21 (3) of Water (Prevention of Control of Pollution) Act, 1974 sampling as per norms invoices under Environment (Protection) Rules, 1986 as well as provision of Water (Prevention of Control of Pollution) Rules, 1974 and 1975 has been violated by the Respondents.
14. It is further argued that respondent has not followed the due procedure for serving any sample to the appellant and there is no specific version that the sample has been taken as per form -I of Environment (Protection) Rules, 1986.
15. The contention of the Learned Counsel for the State PCB is that Madhya Pradesh Pollution Control Board, Bhopal issued closure directions to M/s Jayshri Gayatri Food Products Pvt Ltd, Village -
Pipaliya Meera, Tehsil & District - Sehore (MP) under section 33 A of 14 Appeal No. 11/2024(CZ) M/s Jayshri Gayatri Foods Products Pvt. Ltd. Vs. MP PCB through its Member Secretary & Water (Prevention and control of Pollution) Act 1974 vide letter No 3563 dated 16/07/2024 due to the discharge of untreated factory effluent outside the industry premises on the land located on the back side of the industry through a pipe. This effluent after discharge on the land was found mixing in the nearby nalla located adjacent to the site and MPPCB vide Outward No: 118471 dated 13/07/2023 issued consent to M/s Jayshri Gayatri Food Products Pvt Ltd under section 25 of the Water (Prevention & Control of Pollution) Act, 1974 and under section 21of the Air (Prevention & Control of Pollution) Act, 1981 and the industry is required to compliance with the conditions.
16. It is a gross violation of the consent condition no 04 of conditions pertaining to Water (Prevention & Control Of Pollution) ACT 1974 i.e. "The effluent shall be treated up to prescribed Standards and reuse in the process, for cooling and for green belt devolvement/gardening within premises. Hence zero discharge condition shall be practiced. In no case treated effluent shall be discharged outside of industry/unit premises and that the information was received from the Collector Office, Sehore on dated 09/07/2024,regarding discharge of untreated factory effluent by M/s Jayshri Gayatri Food Products Pvt Ltd, Village Pipaliya Meera, Tehsil & District Sehore outside their premises using a pipe on the land situated back side of the factory and that effluent flowing on the land is mixing into the nalla water flowing through the village Pipaliya Meera and they asked for inspection and sampling of waste water. Furthermore, MPPCB had received multiple complaints from district collector office sehore, CPCB and local residents of the 15 Appeal No. 11/2024(CZ) M/s Jayshri Gayatri Foods Products Pvt. Ltd. Vs. MP PCB through its Member Secretary & village. The screenshot of the complaint received from Shri Sunil Meena, Scientist, CPCB received on whatsaap on 09.07.2024.
ACTION TAKEN: In this regard Regional Officer, MPPCB, Bhopal sent a team of RO, MPPCB including Shri Jainendra Chandel, Chemist and Smt Priyanka Kabirpanthi, Lab Assistant to the site on dated 10/07/2024. That the MPPCB had given a Notice of Intention To Have Sample Analysed as per Form-12 under Rule 34 of the Water (Prevention and Control of Pollution) (Madhya Pradesh) Rules 1975 on 10.07.2024. The notice was also served to the appellant and the receipt by the appellant was given on original copy on 10.07.2024 itself. Thus the appellant was well aware about the action taken by the Board and has no ground to claim violation of principles of natural justice. This sample of untreated industrial effluent dumped by the appellant was taken from the agricultural land situated in Village Piplliya Meera, Tehseel Sehore, District Sehore. It is submitted that three samples were taken from the site and one of the sample is kept preserved in the Collector Office, District Sehore. The team of MPPCB along with the officials of District administration, Sehore inspected the site and submitted a report.
a. M/s Jayshri Gayatri Food Products Pvt Ltd., is located at Village - Pipaliya Meera, Tehsil & District - Sehore (MP). The industry is manufacturing milk based products.
b. The industry was found operational on the day of inspection.
c. Sample of Water wells near the plant: During the inspection the residents of village - Pipaliya Meera informed that the untreated effluent is discharged in to the nearby nalla which is flowing adjacent to the industry. Accordingly the water samples were collected from the following locations by MPPCB team:
i. The water sample of the open well located near the resident of Shri Khushilal Mewada, village - Pipaliya Meera ii. The water sample of the tubewell located near the resident of Shri Khushilal Mewada, village - Pipaliya Meera.
iii. The water sample of the nalla located near the resident of Shri Khushilal Mewada, village - Pipaliya Meera.
d. Shri Siddhant Singla, Tehsildar and Shri Ashish Sharma, Patwari, Shri Pawan Yadav, Patwari of Collector Office, Sehore were present during the inspection. The industry was inspected along with the above officials of Collector Office, Sehore.
e. During inspection it is observed that the untreated 16 Appeal No. 11/2024(CZ) M/s Jayshri Gayatri Foods Products Pvt. Ltd. Vs. MP PCB through its Member Secretary & effluent of the industry is being discharged on the land located on the back side using pipe, which was mixing into the nearby nallah.
f. Sample of Nallah near the Plant: The untreated effluent of the industry was found accumulated on the land which was of white and black in color. The above effluent was found mixing in to the nearby nalla. The legal samples of the accumulated effluent from above mentioned land were collected by the MPPCB team in presence of industry (appellant) representative and representative of Collector Office, Sehore.
9. FINDINGS OF ANALYSIS REPORT OF THE SAMPLE That the Analysis Report dated 11.07.2024 prepared by Central Laboratory, MP PCB of the legal sample collected on dated 10/07/2024. It is evident from the results of analysis that most of the parameters are not confirming to the standards as prescribed in the consent. The parameters as per the analysis results which exceeded are given as under:
No Parameters Standard Analysis Remark
Results
1 Suspended 100 Mg/l 5910 Exceed
Solid
2 BOD 30 Mg/l 1200 Exceed
3 COD 250 Mg/l 2710.4 Exceed
4 TDS 2100 2800 Exceed
Mg/l
5 Appearance - Turbid -
6 Color - Blackish -
7 Odour - Unpleasant -
The results reveal that the High BOD (2000 Miligram/litre) and COD(2710 Miligram/litre) and the flow about 500KL per day discharging in land/nallh will lead to serious deterioration in water quality of downstream water bodies.
10. It is humbly submitted that industry is a water intensive unit (in terms of use and discharge) and the per day waste water generation from the manufacturing process is 500 KL as per Project Report of the industry.
Therefore the discharge of high concentrated effluent of 10. It is humbly submitted that industry is a water intensive unit (in terms of use and discharge) and the per day waste water generation from the manufacturing process is 500 KL as per Project Report of the industry. Therefore the discharge of high concentrated effluent of high volume may cause serious impact on the downstream water bodies.
17Appeal No. 11/2024(CZ) M/s Jayshri Gayatri Foods Products Pvt. Ltd. Vs. MP PCB through its Member Secretary &
11. The Nallah located near the industry joins the Takipur Dam approx 4.0 KM downstream of the industry. The overflow of Takipur dam joins the River Sewan at Sehore town. River Sewan is the tributary of River Parwati (tributary of Chambal River which in turn is a tributary to Yamuna River). These rivers are sources of drinking water in District Sehore and therefore under these exigent circumstances, it was extremely necessary to pass the Closure direction against the appellant.
12. Further the Analysis Report dated 24.07.2024 prepared by Central Laboratory, MP PCB of the water samples of open well and nallah situated in village Piplaiya Meera collected on 10/07/2024 clearly confirms that the discharge of the untreated industrial effluent is having adverse effects on the water sources. The analysis of sample taken from the nallah shows that BOD is 150 miligram per litre. This confirms that the untreated industrial effluent is being discharged into the nallah. Further with regards to the analysis of the sample taken from drinking water well the BOD is 3.03 miligram per litre which is of D category, as BOD is more than 3 miligram per litre and not fit for drinking purpose as per CPCB Water Quality Criteria.
13. That considering the above facts Closure direction was issued to the industry as per the section 33 A of Water (Prevention and control of Pollution) Act 1974 to immediate stoppage of discharge of effluent on the land/nallah by the industry to stop any further damage to the water quality of the downstream water bodies. In this context the MP PCB relies upon Rule 34 sub rule 6 of the Water (Prevention and Control of Pollution) Rules, 1975 state that
34. Directions (6) In a case where the Central Board is of the opinion that in view of the likelihood of the grave injury to the environment it is not expedient to provide an opportunity to file objections against the proposed direction, it may, for reasons to be recorded in writing, issue directions without providing such an opportunity.
Therefore the Board submits that under the exigent circumstances which was the heavy discharge of untreated industrial effluent by appellant and to prevent any further damage to water quality of downstream water streams and not to affect the water supply, it was extremely necessary to pass the Closure direction against the appellant on an urgent basis. Thus by virtue of the sub rule 6 of Rule 34 and the contention of the appellant that the principles of natural justice were not followed cannot be entertained and must be dismissed.
18Appeal No. 11/2024(CZ) M/s Jayshri Gayatri Foods Products Pvt. Ltd. Vs. MP PCB through its Member Secretary &
14. Previous History of the Appellant 14.1 That it is necessary to mention that the appellant had already been found guilty of environmental norms violation as observed by Hon'ble NGT(CZ) in OA 15/2022 " Mangial Mewada Versus State of Madhya Pradesh & Ors" order dated 05.07.2022 14.2 In this case the joint committee report dated 11.03.22 had found that the industrial discharge of wastewater by the appellant had damaged the water quality of their wells and raised issue of drinking water for villagers & livestock. In this case the environmental compensation of Rs 1, 20, 50,000/- (Rs. One Crore Twenty Lacs Fifty Thousand) was imposed on the unit for violation period from 01/06/2019 to 19/01/2022 as per the CPCB methodology on Environmental compensation.
14.3 The MP PCB submits that the appellant had deposited the above EC however again started discharging the untreated industrial effluent outside the premises as evident from the inspection report dated 10.07.2024. Thus the appellant despite being aware about the NGT order dated 05.07.2022 had again deliberately violated the environmental norms, the provisions of the Water Act, 1974 and the CTO conditions. The same depicts negligent attitude of the appellant towards rule of law, environmental norms and orders passed by Hon'ble Supreme Court of India and the NGT.
14.4 Thus in present case the appellant is not only guilty of violating the rules but also liable for contempt for grossly violating the order dated 05.07.2022 of the Hon'ble NGT in OA 15/2022 "Mangial Mewada Versus State of Madhya Pradesh & Ors".
14.5 That in the above order the Hon'ble NGT had directed the State Pollution Control Board to regularly monitor the compliance of environmental norms and to proceed according to law. In compliance of the above order the PCB was regularly monitoring the appellant industry since 2022. As the violation was found the closure notice dated 16.07.24 was served to the appellant.
15. Violation of the CTO conditions by the Appellant The appellant has violated the following conditions of the CTO:
15.1 The appellant has violated Condition no 04 of conditions pertaining to Water (Prevention & Control Of Pollution) ACT 1974 i.e. "The effluent shall be treated up to prescribed Standards and reuse in the process, for cooling and for green belt devolvement/gardening within premises.
Hence zero discharge condition shall be practiced. In no case treated effluent shall be discharged outside of industry/unit premises.
19Appeal No. 11/2024(CZ) M/s Jayshri Gayatri Foods Products Pvt. Ltd. Vs. MP PCB through its Member Secretary & 15.2. As per Condition no. 5 of the Condition Pertaining To Water (Prevention And Control Of Pollution) Act 1974 in the CTO the appellant is required to install Water meter preferably electro magnatic/ultrasonic type with digital flow recording facilities shall be installed separately foe category wise consumption of water for industrial cooling boilor feed, mine spray, process and domestic purpose and data shall be submitted online through XGN monthly patrak/statement. However the same has not been complied with.
15.3 The appellant has also violated Condition no. 5 of the General Conditions of the CTO which state that the "Industry shall install separate electric metering arrangement for running of pollution control devices and this arrangement shall be made in such fashion that non functioning of pollution control devices shall immediately stop electric supply to the production and shall remain tripped till such time unless the pollution control device are made functional. The record of electricity consumption for running of pollution control equipment shall be maintained and submitted to the board every month.
The above condition is not being compiled by the appellant and therefore the on violation of the above conditions the MP PCB has under Condition no. 13 of the General Conditions the consent granted shall stand automatically be taken as cancelled and the necessary action will be initiated against the industry.
15.4 In light of the above facts and circumstances, MP PCB submits that the action taken against the appellant was completely justified to prevent any further damage to the water quality of the water bodies downstream.
17. Further Action taken has been filed by the State PCB where it has been submitted that the remedial measures have been taken and all the deficiencies, which have been narrated by the CPCB has been removed.
18. It is further submitted that the steam boiler initialization (bed preparation, feeding, stabilization etc.) and steam requirement shall be for 15 hrs & 160 hrs respectively. Also, considering the rated capacity of pasteurization i.e. 1200 Ltrs/ hr for processing spoiled raw milk - 1,28,000 ltrs with daily operational hours of 18hrs in expert guidance of dairy plant operation manager and the 20 Appeal No. 11/2024(CZ) M/s Jayshri Gayatri Foods Products Pvt. Ltd. Vs. MP PCB through its Member Secretary & exhaustive cleaning of the vessels, machineries, pipeline etc. to ensure proper sensitisation and for general lighting & ventilation about 216 hrs shall be required.
A total of 9 days will be required to provide remedy from the spoiled milk.
d. The management of the products produced on processing of the spoiled milk will give products and bi-products such as Milk Fat, Milk Solids and Effluent. This milk fat shall be sold to authorised buyers to utilize these in cosmetic products & in candle manufacturing. All the sale records shall be managed by industry and submitted to MPPCB & CPCB. As for milk solids considering the rainy season, it is recommended that industry shall store this quantity in bags and stored in safe place and after the end of the monsoon may use this in manufacturing the compost by using the cow-dung available at M/s Jayshri Gayatri Food Pvt Ltd owned Gau-shala of about 150 livestock which is about 1KM far from the industry. The composting will be initiated under the supervision of the CPCB & MPPCB. The effluent shall be treated at UASB based ETP.
e. The following recommendation are given in the report which are mentioned below:-
i. The remedial measure consist of 06 steps, requires total 09 days of operation of the industry. As there are 02 DG sets of 500KVA each (out of which one is stand-by) and is only able to cater the cooling storage of the already processed & stored finished product viz. Paneer, Cheese, Butter, Ghee, Powder, Sweets etc. ii. Competent Authority, MPPCB may direct Madhya Pradesh Electricity Board (MPEB) under Water (P&CP) Act 1974 to re-
instate the power supply on contract load for 9 days for the 21 Appeal No. 11/2024(CZ) M/s Jayshri Gayatri Foods Products Pvt. Ltd. Vs. MP PCB through its Member Secretary & implementation of specified remedial measures immediately in compliance of the Hon'ble NGT order. The 9 days of continual power supply is required, any power cut during this monsoon season need to be adjusted with the extra power supply.
iii. Industry shall ensure that no processing of the fresh raw milk took place during this period of implementation of remedial plan.
iv. Industry shall install flow meter at ETP pump and ETP inlet to record the flow of effluent during the period andmaintain the computerised record.
v. Industry shall report daily progress on the status of progress in the remedial plan to CPCB & MPPCB.
vi. Industry shall store the milk fat & milk solid at hygienic place and maintain the record of the generation. The sale of the milk fat shall be done to only authorized recyclers under the intimation of the CPCB & MPPCB. The use of milk solid in composting and horticulture shall be under the intimation & supervision of the CPCB & MPPCB.
vii. Industry shall ensure that all safety measure adopted during these remedial measures and also ensure that adequate PPEs (mask, gloves, helmet etc.) shall be used during the execution of the plan.
viii. The effluent treated through tertiary unit (UF-RO) need to be either stored in RO permeate tank or reused in the process.
ix. MPPCB & CPCB may randomly check the level of emission from boiler stack & quality of effluent treatment etc.
4. As per the remedial measures suggested in the report for the disposal of perishable matter present in the pipeline of industry M/s Jayshri Gayatri Foods Products Pvt. Ltd., Village-Pipaliya 22 Appeal No. 11/2024(CZ) M/s Jayshri Gayatri Foods Products Pvt. Ltd. Vs. MP PCB through its Member Secretary & Meera, Tehsil- Sehore, District- Sehore (M.P.), electricity power is required for 9 days to complete remedial measures by the unit.
5. To begin the remedial measures, MPPCB vide letter no 3794 dated 30/07/2024 issued order to MPEB for restoration of electric power for 9 days to complete the remedial measures.
6. M.P. Electricity Board, Sehore restored the electricity of the unit M/s Jayshri Gayatri Foods Products Pvt. Ltd., Village-
Pipaliya Meera, Tehsil- Sehore, District- Sehore (M.P.) on dated 30/07/2024 at 5.50 P.M.
19. Learned Counsel for the State PCB has further submitted the report on 28.08.2024 with the facts that recommendations of the CPCB has been complied with by the unit and it was found satisfactory, and thus for restoration of electric supply for regular operation of the unit necessary orders were issued with certain recommendations. It is further submitted that the unit have to implement zero liquid discharge.
20. The Project Proponent has further submitted a plan which is as follows :
i. Submit the action plan for cleaning the agricultural land where intentional discharge was done & execute within 7 days Project proponent vide letter dated 08/08/2024 and dated 12/08/2024 has submitted action taken report for the cleaning of agriculture land where intentional discharge was done.
PP has cleaned and ploughed the land and sowing vegetation for cows.
The MPPCB officials inspected the agriculture land on 10/08/2024 and observed that the pipes used for discharge of untreated industrial effluent of M/s Jayshri gayatri foods Pvt. Ltd., Village-Pipaliya Meera, on agriculture land are removed and no pipe was observed.23
Appeal No. 11/2024(CZ) M/s Jayshri Gayatri Foods Products Pvt. Ltd. Vs. MP PCB through its Member Secretary & No industrial effluent was observed on the agriculture land during inspection.
The agriculture land on which intentional discharge was seen on dated 10/07/2024 was cleaned by PP and also ploughed the land to overturn the upper soil cover. The grass was seen growing on the land.
ii. Clean up the old ETP and put PTZ camera to supervise any discharge outside the premise PP vide letter dated 08/08/2024 and dated 12/08/2024 submitted that they have cleaned all the tanks of old ETP and will be used for storing water for firefighting system. As per letter underground tank at ETP site will be used as effluent collection tank and after removal of fat the effluent will be transferred to new Effluent Treatment Plant of 500 KLD capacity for treatment.
The MPPCB officials on dated 10/08/2024 inspected the old ETP of 200 KLD capacity located on the back site of industry and observed that the tanks are cleaned & emptied and not effluent was found stored in to it.
PTZ camera was found installed on the column of boiler house. The representative of unit shown the live demonstration of PTZ camera. It was operational and having clear view to supervise and discharge outside the premises.
iii. Scientifically dispose the raw material spoiled during the closure period PP vide letter dated 08/08/2024 and dated 12/08/2024, submitted that the raw material which got spoiled due to non- availability of electricity is being treated as per plan. The spoiled milk which was already there in the stock used to produce waste powered and waste fat and remaining waste water sent to ETP for treatment.
The MPPCB officials on dated 10/08/2024 inspected the plant and observed that the perishable matter is deposed of as all the tanks were found empty.
As per the NGT order dated 25/07/2024, MPPCB issued vide order dated 30/07/2024 to MPEB to revoke the electric power supply for 09 days to scientificaly disposal of the spoiled raw material, .
Accordingly PP has operated the plant to reduce the pollution load of the spoiled milk by removing waste powder and waste from the spoiled milk and then sent the waste water generated from above process to ETP of 500 KLD capacity for final treatment.
During inspection no foul smell was felt within the plant area. During inspection the electric power of the unit was found disconnected by MPEB and plant was not is operation.
iv. Submit the ZLD plan with Bank Guarantee to MPPCB PP vide letter dated 08/08/2024 and dated 12/08/2024 submitted the ZLD plan.
As per ZLD plan PP submitted that they will also procure and install suitable ME (Evaporator) to evaporate any excess water 24 Appeal No. 11/2024(CZ) M/s Jayshri Gayatri Foods Products Pvt. Ltd. Vs. MP PCB through its Member Secretary & by July 2025. They will pay the bank guarantee as per the directions of the MPPCB.
The main points of ZLD plan is as under:
The company draws on an average approx. 30 KLPD water from its borewell. This borewell is authorised for drawing max. 32 KLPD water by CGWA.
The Company processes milk for production of various products like Paneer, Cheese etc. and thereby produces whey. Which varies on daily basis based on intake of raw milk, raw milk being a natural commodity gets affected by season and demand o The remaining quantity of water required for the operation of the plant is received from the recycled RO treated waste water from the ETP situated approx. 2 KM away from the plant, quality of which is maintained as per the norms of the CPCB. And the evaporator condensate during manufacturing process.
The total water available is used for the following purposes a. Operation of the Steam Boiler -2 nos. with capacity 8 TPH and 12 TPH respectively.
b. Operation of the Refrigeration system which is connected with cooling towers and evaporative condensers.
c. The RO reject is evaporated through Mist Evaporators.
d. Cleaning of premises, production area, office area, plant and machinery, equipment, toilets, cleaning of vehicles etc. e. Drinking water, hand wash, foot wash, horticulture, cleaning of uniforms etc. The company also maintains a cow shed comprising approx. 180 cows and therefore a lot of water is used for cleaning activities to keep the shed clean. The cow- dung is used to produce manure which is then used for the land mentioned above.
The plant therefore maintains Zero Liquid Discharge.
The MPPCB officials on dated 10/08/2024 inspected the Bore well, Fresh water storage area, Effluent Treatment Plant of 500 KLD capacity.
The 500KLD UASB technology based ETP has following unit operations with their capacity:
25
Appeal No. 11/2024(CZ) M/s Jayshri Gayatri Foods Products Pvt. Ltd. Vs. MP PCB through its
Member Secretary &
S.NO. Unit operation Capacity
1 Screen Chamber &Fat trapper 08 KL
2 Equalization tank 450KL
3 UASB reactor 3000KL
4 Primary clarifier 150KL
5 Aeration tank 750KL
6 Secondary clarifier 150KL
7 Filter feed tank 25KL
8 Ultra-Filtration 50KL
9 Reverse Osmosis 20KL/hr
10 RO permeate tank 80KL
11 RO reject tank 70KL
ETP was found operational but effluent was not coming from the plant as power supply of the plant was disconnected. PP informed that the ETP is kept functional to make bio-reactor media alive. This is achieved by recirculation of available waste water. Two HDPE pipes line are laid from plant to ETP and from ETP to Plant to carry effluent and treated water respectively through these pipes.
A site lab is establish in the ETP premises and record being maintained about flow and chemical parameters of effluent and treated waste water.
The UASB anaerobic digester Two PTZ cameras are installed which are accessible through internet v. Submit the emergency protection plan PP vide letter dated 08/08/2024 and dated 12/08/2024 submitted the emergency protection plan. As per plan 500 KLPD is having sufficient storage in terms of collection tank and RO water storage tank. Still in case of any breakdown the untreated effluent can be stored in the empty tanks of the old ETP storage tanks till the problem is fixed. In case of any major breakdown where repair may take long time, and the effluent cannot be further stored, the production will be halted till 500 KLPD ETP is functional again.
vi. Provide the Hazardous waste storage site, display board as per the HOWM Rules 2016 The MPPCB officials on dated 10/08/2024 inspected the Hazardous Storage area and the display board as per the HOWM Rules 2016 26 Appeal No. 11/2024(CZ) M/s Jayshri Gayatri Foods Products Pvt. Ltd. Vs. MP PCB through its Member Secretary & PP has provided covered shed with proper platform and collection pit for Hazardous waste storage within the plant presmises.
Display board as per the HOWM Rules 2016 is provided at the entrance of the plant.
vii. Provide separate storage for milk fat storage to avoid spillage.
The MPPCB officials on dated 10/08/2024 inspected the Storage area for milk fat storage. PP has provided covered shed with proper platform.
viii. Repair flow meter installed at new ETP inlet & other places. Install flow meter at the effluent outlet point at the plant premises. MPPCB may verify the functionality of the same The MPPCB officials on dated 10/08/2024 inspected the flow meters installed at Generation point of effluent at plant, at ETP inlet, at ETP outlet and at RO inlet. The new flow meters are installed and were in functional condition.
Additional Points ix. MPPCB may conduct the water audit of the industry to ascertain the actual water consumption, waste water generation, treatment & utilization.
The MPPCB officials on dated 10/08/2024 discussed the actual water consumption, waste water generation, treatment & utilization of treated waste water with the plant representative. Accordingly the information provided by PP are given as under:
The product wise manufacturing process and the details of plant and machinery are enclosed as Annexure - IV There are total 10 products manufactured using milk as main raw material.
The products are Butter, Cheese, Cream , Dairy Based Dessert ( Sweet), Fat Spread and Mayonise, Flavoured Milk, Ghee, Milk Powder, Paneer and Ready To Eat. Water supply is from one bore well and per day water extraction is 32 KLD. Plant is having a 100 KL storage facility within the plant premises.
The average production is reported as 250000LPD of Milk.
There are two Boilers of 8 TPH capacity and 12 TPH capacities. Water consumption is 30 KLD and Boiler blow down is 15 KLD.
DM plant is having capacity of 10KLPH capacity. Water consumption and discharge from different activities are as under:
27
Appeal No. 11/2024(CZ) M/s Jayshri Gayatri Foods Products Pvt. Ltd. Vs. MP PCB through its
Member Secretary &
Activity Quantity
Water consumption in Boiler 30KLPD
Boiler Blow down KLD 15KLPD
DM Plant Details 10KLPH
Manufacturing Process KLD 25KL
Water required for the washing and cleaning in 150KL
KLD
Water consumption in Plantation 10 KLPD
Total waste water generation KLD 362 KLPD
Quantity of Treated waste water recycled KLD 186 KLPD
Uses of Recycled treated waste water KLD 186 KLPD
Activity wise water consumption and source of water is given as under:
Uses Activity Quantity of Source of Water Waste
Water (liters) water
generation
(liters)
Cooling Tower 155000 Recycled treated 10000
effluent RO
Steam Boiler 30000 Recycled treated 15000
effluent RO
Domestic 5000 Borewell 3000
Manufacturing 25000 Borewell 184000*
Process
Cleaning -inplace 105000 Evaporator 105000
condensate
Vehicle 35000 Evaporator 35000
cleaning condensate
Gardening 10000 Evaporator 0
condensate
Floor cleaning 10000 Evaporator 10000
condensate
Toilets 1000 Recycled treated 800
effluent RO
Mist Evaporator 155000 RO reject water 0
In view of above it is observed that during the manufacturing of Paneer, Cheese, Skim Milk, Butter, Fat Spread 28 Appeal No. 11/2024(CZ) M/s Jayshri Gayatri Foods Products Pvt. Ltd. Vs. MP PCB through its Member Secretary & water is not added but water is generated. Whereas in the manufacturing of Mayo water is consumed for preparation.
Most of the water is required for cleaning and washing purposes to maintain hygienic conditions within the plant area.
The vehicles carrying fresh milk to plant also washed thoroughly with fresh water after unloading of milk. In view of Fresh water intake from Bore well is approx 32 KLD whereas waste water generation is approx 320-365 KLD (Avg).
x. MPPCB may assess & imposed Environmental damage cost and recover the same.
Environmental Compensation on M/s Jayshri Gayatri Food Products Pvt. Ltd., Village-Pipaliya Meera, Tehsil- Sehore, District- Sehore (M.P.) for violation period 09/07/2024 to 16/07/2024. is assessed based on the CPCB methodology of EC assessment.
Environmental Compensation to be levied on M/s Jayshri gayatri foods Pvt. Ltd., Village-Pipaliya Meera, Tehsil- Sehore, District- Sehore is Rs. 3,20000/-
In light of above points and as per the order dated 06/08/2024 of Honble NGT status of compliance of CPCB recommendations are found satisfactory during the inspection dated 10/08/2024. Therefore restoration of electric power supply for regular operation of unit M/s Jayshri gayatri foods Pvt. Ltd., Village- Pipaliya Meera, Tehsil- Sehore, District- Sehore (M.P.) may be considered.
21. Now the unit has complied all the directions and recommendations and State PCB has permitted to continue it and unit is in operation.
22. The main question which has been raised by the Learned Counsel for the appellant is that the closure order was passed on 16.07.2024 without giving an opportunity of hearing and the appellant has filed the present appeal on 19.07.2024 and it was registered. The Annexure 29 Appeal No. 11/2024(CZ) M/s Jayshri Gayatri Foods Products Pvt. Ltd. Vs. MP PCB through its Member Secretary & R-1 which shows delivery of the postal notice shows that it was booked on 20.07.2024, when this appeal was filed and it shows delivery on 22.07.2024. Learned Counsel for the appellant has not drawn the attention about dispatch of notice which is reported on 20.07.32024 while this appeal was filed on the same date and the order was passed on 16.07.2024. The inspection is reported to be done on 10.07.2024. This shows that the notice was not sufficiently served and no opportunity of hearing was provided to the appellant before passing the order. Second question which has been raised by the Learned Counsel for the appellant is that sample was not taken in accordance with the procedure prescribed in Rule quoted above. Since unit is in operation and found satisfactory thus on the grounds mentioned above that the impugned order dated 16.07.2024 was passed without giving an opportunity of hearing to the appellant, deserves to be quashed and set aside. Accordingly the order dated 16.07.2024 passed by the State PCB is quashed and set aside.
23. The Learned Counsel for the CPCB and the PP have raised the issue of utilisation of environment compensation and further submitted that previously unit has deposited the amount of compensation to the tune of Rs. 1,20,50000/- (One crore twenty lakhs and fifty thousand only) but the same was not utilised for the improvement of the environment matters within the locality at the same place and it has to be utilised for the same purposes, the matter would have been resolved. On that point on previous date of hearing the Learned Counsel for the State 30 Appeal No. 11/2024(CZ) M/s Jayshri Gayatri Foods Products Pvt. Ltd. Vs. MP PCB through its Member Secretary & PCB was directed to submit the report with regard to statement of funds deposited and utilised during last periods and Learned Counsel has submitted the report. She has further sought the short time to submit the detailed report of utilisation and proposed utilisation. The same may be filed within 10 days.
List it on 16th October, 2024.
Sheo Kumar Singh, JM Dr. Afroz Ahmad, EM 25th September, 2024 Appeal No. 11/2024(CZ) K 31 Appeal No. 11/2024(CZ) M/s Jayshri Gayatri Foods Products Pvt. Ltd. Vs. MP PCB through its Member Secretary &