National Green Tribunal
Rajamal Gurjar vs State Of Madhya Pradesh & Ors. Through ... on 13 May, 2026
Item No.06
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)
Original Application No.35/2023(CZ)
(I.A. No.51/2026)
Rajamal Gurjar Applicant(s)
Vs.
State of Madhya Pradesh & Ors. Respondent(s)
Date of Hearing: 13.05.2026
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant(s): Mr. Rohit Sharma, Adv.
For Respondent(s) : Ms. Parul Bhadoria, Adv. for MPPCB
Mr. Pushpila Bisht, Adv. for R-12
ORDER
1. Aggrieved by the order dated 26.09.2023 passed in OA 35/2023(CZ) Civil Appeal No.7788/2023 was filed before the Hon'ble Supreme Court of India challenging the aforesaid order and the Hon'ble Court vide order dated 03.12.2024 remitted back the matter with the order as follows: -
"In these circumstances, we are of the opinion that the NGT was not justified in directing the appellant, ICEM Engineering Company Pvt. Ltd., to deposit interim compensation of 15 crores. The interim compensation was fixed as 5 crores and that too, without properly computing damages/costs, even if there were certain lapses, which were noticed in the report of the Committee to the effect that a red coloured effluent, generated against floor washing and washing of mixer in which explosive clad powder was prepared, was discharged in the open area without any treatment, that no septic tank/soak pit and no actual water sprinkler system were 1 O.A. No.35/2023(CZ) Rajamal Gurjar Vs. State of Madhya Pradesh & Ors.
installed. As per the appellant, ICEM Engineering Company Pvt.
Ltd., they are compliant, as has been repeatedly held in different reports.
[[ At this stage, the learned Senior Advocate appearing for the appellant states that the appellant, ICEM Engineering Company Pvt. Ltd., would voluntarily deposit an amount of 10 lakhs with the MPPCB for improving and betterment of the environment and in order to enable MPPCB undertake their policies and schemes.
We take the statement on record and also hold that the appellant, ICEM Engineering Company Pvt. Ltd., must comply and meet the prescribed norms and parameters.
2 crores deposited by the appellant along with accrued interest, if any, shall be refunded to them within a period of 8 weeks from today. 10,00,000/- (Rupees ten lakhs only) will be deposited by the appellant, ICEM Engineering Company Pvt. Ltd., with the MPPCB within a period of four weeks from the date 2 crores are refunded to them.
Recording the aforesaid, the impugned judgment is set aside and the appeal is allowed in the aforesaid terms.
Pending application(s), if any, shall stand disposed of."
2. After receiving back, the file, notices were issued to the parties concerned, and they were directed to file the reply/objection, if any.
3. The parties have filed their reply and objections, which are on record.
Heard the learned Counsel for the parties and perused the record.
4. The submission of the learned Counsel for the Respondent No.12 is that firstly the application is time-barred and secondly that the Applicant has falsely alleged that the activities of the answering Respondent were causing environmental damage to six adjoining villages namely Narkhed, Sherghad, Deogaon, Prabhatpattan, Somgarh, Mononakala of Multai, District Betul (MP) while Applicant is not 2 O.A. No.35/2023(CZ) Rajamal Gurjar Vs. State of Madhya Pradesh & Ors.
resident of the aforesaid six adjoining villages and is mere busybody. It is stated that the Gram Panchayats of these villages have confirmed that they do not have any complaints with the activities of the answering Respondent and have given their No Objection which is also noted by the Joint Committee Report.
5. The Hon'ble Supreme Court vide its order dated 01.12.2023 passed in Civil Appeal No. 7788 of 2023 directed the MPPCB to conduct periodic inspection and surprise inspections at least once a month and also directed to collect and analyse samples of emissions, effluents, and noise, and file a report by including therein the impact of industrial activity on the neighborhood.
6. In compliance of the aforesaid order dated 01.12.2023, the inspections were carried out by the team on 25.01.2024, 12.02.2024 and 17.03.2024 of the unit of the answering Respondent and the reports of those inspections were filed by the MPPCB before the Hon'ble Supreme Court in Civil Appeal No. 7788 of 2023.
7. As per the aforesaid reports, the Ambient AIR Quality, Water Analysis and Noise Level Monitoring on all three months of testing i.e., January 2024, February 2024 and March 2024 were found within the standard permissible limits. The data as recorded in the reports dated 25.01.2024, 12.02.2024 and 17.03.2024 are reproduced in the charts given below:
3
O.A. No.35/2023(CZ) Rajamal Gurjar Vs. State of Madhya Pradesh & Ors.
8. From the perusal of the aforesaid reports and as per the observation of the Hon'ble Supreme Court recorded in its judgment and order 4 O.A. No.35/2023(CZ) Rajamal Gurjar Vs. State of Madhya Pradesh & Ors.
dated 03.12.2024 on the affidavit filed by the MPPCB, the answering Respondent is compliant with the statutory norms.
9. As per the reports filed by the MPPCB before the Hon'ble Supreme Court, the answering Respondent has established treatment plants for both domestically and industrially polluted water. As per reports, ponds around the cladding area have been constructed for rainwater harvesting and the ash generated in the process of cladding is collected in covered shade built by the answering Respondent. Apart from this, the Respondent has obtained permission regarding use of underground water from Central Underground Water Authority Board.
10. It is stated that the independent fact-finding Joint Committee appointed by this Tribunal also recorded no pollution in its report on the inspection carried out on 06.07.2023 on the basis of analysis of reports of Air, on Noise Monitoring, on the analysis of result of effluent Samples collected and ground water samples collected.
11. The inspection carried out by the MPPCB pursuant to the order dated 01.12.2023 passed by the Hon'ble Supreme Court does not contain any adverse finding in respect of the red colored effluent generated after the cladding as reported by the fact-finding Joint Committee on 06.07.2023. It is stated that the analysis of effluent samples as per the fact-finding Joint Committee also revealed that the same was within the prescribed limit.
12. It is further argued that the Respondent uses the method of water sprinkler in a 100-meter-wide pit to keep air pollution within limit. As per the report of the fact-finding Committee, the area is mainly surrounded by forest and agriculture land and there is no requirement of a water sprinkler in the extant renewed CTO and the Respondent has been granted Certificate of Competency dated 30.06.2016 by the 5 O.A. No.35/2023(CZ) Rajamal Gurjar Vs. State of Madhya Pradesh & Ors.
Deputy Chief Controller of Explosions, Bhopal to carry out blasting of explosives in the area not coming under the Mines Act, 1952.
13. It is to be noted that in the previous report which was conducted by the four-members committee in the original application on the basis of which the order of the tribunal was passed, following recommendations were made: -
• Industry shall arrange the industrial waste water and domestic waste water treatment plant and ensure ZLD (zero liquid discharge) in the premises.
• It is recommended to establish proper setup for treatment of the effluent generated from washing of clad mixture in the mixing area and after cladding from the cladding site also.
• The ash generated must be collected and stored in covered shed with pucca flour to prevent any environmental damage.
• DG set must be provided with proper vent at prescribed height.
• It is also recommended to install digital flow meter to regulate the use of ground water and to prevent discharge of untreated effluent.
• Record of each process must be maintained in form of log books.
• A seismograph analysis is also recommended during cladding.
• Regular monitoring of the parameters included in CTO and submission of quarterly report to MPPCB is also recommended.
• It is recommended to provide rain water harvesting system in the plant.
• For ground water uses NOC must be obtained from CGWA (Central Ground Water Authority).
• It is also recommended to install digital water meter to measure the flow of extracted ground water.6
O.A. No.35/2023(CZ) Rajamal Gurjar Vs. State of Madhya Pradesh & Ors.
• Proper acoustic condition must be maintained. It is recommended for more plantations around the cladding side of those trees which are able to protect sound from penetrating.
14. After compliance of the order of Hon'ble Supreme Court of India the members of the State PCB were directed to make an inspection and submit the report with compliance and non-compliance of the conditions of the environmental rules by the Project Proponent. In compliance of the order, the members of the Committee (constituted by the Collector of District Betul) vide order dated 12.02.2024 inspected the firm and submitted the report as follows: -
INSPECTION REPORT The team constituted by the Collector of District Betul under Letter No. 1681 dated 12.02.2024 inspected the firm M/s ICEM Engineering Company Pvt Ltd village Ambhori, Tehsil Multai, District Betul on 12.02.2024 in pursuance to the Letter No. 26/1368/2015/Two/C-2 dated 06.-2.2024 of the Principal Secretary to the Madhya Pradesh Government, Home Department, Bhopal and in compliance with the Supreme Court of India Civil Appeal No. 7788/2023 and the order dated 26.09.2023 passed in the National Green Tribunal Central Zone Bench Bhopal Case No. 35/2023. Shri J.P. Sayyam Additional Collector, Betul, Smt Tripti Pateria SD Multai, Shri Ajeet Meravi Deputy Collector Betul (Probation), Shri Rohit Dabar, Manager DIC, Betul and Shri Sanjay Rajput Chemist, MP Pollution Control Board, Chhindwara, Shri Rajesh Kumar Dubey Deputy Tehsildar, Prabhatpattan, Shri C.P. Pal Revenue Inspector, Prabhatpattan, Shri Sukhdev Parte, Halka Patwari and the representative of ICEM Engineering Company, Shri N.K. Pingale (Director) and Shri Ashish Yadorav Dange (Manager) were present during inspection. The arrangements made by the Management of the firm point wise during inspection are as under:
1. The firm has established the treatment plants having capacity of 10 km per day for the treatment of domestically polluted water and industrial process, whose commissioning and completion certificate of establishing treatment plant firm M/s Creative Services Bhopal is attached and the photographs taken during inspection are attached.7
O.A. No.35/2023(CZ) Rajamal Gurjar Vs. State of Madhya Pradesh & Ors.
2. The firm has made the vent height of D.G. set established for the supply of the required alternate electricity to about 23 ft.
(Photographs attached)
3. It was found in the firm during inspection that five ponds around cladding area of the premises of the firm have been constructed and the firm management has completed the works of rain water harvesting through M/s Abhay Environmental Consultancy Bhopal.
4. The firm has built the covered shade for collecting ash to be generated by the industrial process (cladding) (photograph attached) and assistance has been availed from TSDF Pithampur for proper disposal of ash.
5. The arrangement of siren has been completed by the firm to warn / caution employees and other persons working in cladding site.
6. The firm management has acquired the permission regarding the use of the underground water from the Central Underground Water Authority Board. (NOC attached).
7. The firm management has made the access road to the firm pucca by fitting moorum and small boulders and regular water sprinkler has been arranged.
8. The firm has provided security kit, safety shoes, hand gloves, air plug, helmet and others for the security of employees working in the firm. (Photographs attached)
9. The firm has planted about 5000 trees in the past and at present 3200 trees have been planted around the cladding unit.
10. Madhya Pradesh Pollution Control Board has to execute water, air and sound level measurement by conducting the surprise inspection without prior notice to the firm management regularly for three months as per the order of the National Green Tribunal, under which the analysis report after accomplishing the aforesaid work in the month of January, 2024, month of Feb 2024 and March, 2024 is being sent attached. Analysis parameter of water and air and the sound measurement level have been found according to the aforesaid analysis report.
Sd/-
K.N. Kathare Regional Officer MP Pollution Control Board, 8 O.A. No.35/2023(CZ) Rajamal Gurjar Vs. State of Madhya Pradesh & Ors.
Chhindwara (MP) निरीक्षण प्रनिवेदि राष्ट्रीय हररत अधिकरण सेंट्रल जोन बैंच भोपाल प्रकरण कमाां क 35/2023 (CZ) में पाररत आदे श धदनाां क 26.09.2023 एवां सुप्रीम कोट्ट ऑफ इां धिया धसधवल अपील क्रमाां क 7788/2023 के पालनार्ट एवां प्रमुख सधचव मध्यप्रदे श शासन गृह धवभाग भोपाल के पत्र कमाां क 26/1368/2015/दो/सी-2 धदनाां क 06.02.2024 के अनुकम में माननीय कलेक्टर महोदय धजला बैतूल द्वारा पत्र कमाां क 1681 धदनाां क 12.02.2024 के तहत् गधित दल द्वारा धदनाां क 12.02.2024 को उद्योग मेससट आई.सी.ई.एम. इां जीधनयररां ग कम्पनी प्रा. धल. ग्राम अम्भोरी, तहसील मुलताई, धजला बैतूल का धनरीक्षण धकया गया। धनरीक्षण के दौरान श्रीमान जे.पी. सैय्याम अपर कलेक्टर बैतूल, श्रीमधत तृप्ति पट्े ररया एस.िी.एम. मुलताई, श्री अधजत मेरावी धिप्टी कलेक्टर बैतूल (पररवीक्षा), श्री रोधहत िाबर प्रबांिक िी.आई.सी. बैतूल एवां श्री सांजय राजपूत रसायनज्ञ, म.प्र. प्रदू षण धनयांत्रण बोिट , धिन्दवािा, श्री राजेश कुमार दु वे नायब तहसीलदार, प्रभातपट्टन, श्री सी.पी. पाल राजस्व धनरीक्षक, प्रभातपट्टन, श्री सुखदे व परते, हल्का पट्वारी तर्ा मेससट आई.सी.ई.एम, इां जीधनयररां ग कम्पनी के प्रधतधनधि श्री एन. के. धपांगले (सांचालक), श्री आशीष यादोराव िाां गे (मेनेजर) उपप्तित रहें । धनरीक्षण के दौरान उद्योग प्रबांिन द्वारा की गई धबन्दू वार व्यविायें धनम्नानुसार है:-
1. उद्योग प्रबांिन द्वारा औद्योधगक प्रधक्रया एवां घरे लू दू धषत जल के उपचार हे तु 10 धकलोलीट्र प्रधतधदन क्षमता का उपचार सांयांत्र िाधपत कर धलया गया है, धजसका उपचार सांयांत्र िाधपत धकया जाने वाली फमट मेससट धकयेधट्व सधवटसेस भोपाल का कधमधनांग एवां कम्पलीशन सधट्ट धफकेट् सांलग्न एवां धनरीक्षण के दौरान ली गई फोट्ोग्राफ सांलग्न है ।
2. उद्योग द्वारा वैकप्तित धबजली की आवश्यकता पूधतट हेतु िाधपत िी. जी. सेट् की वेंट् हाईट् लगभग 23 फुट् कर दी गई है । (सांलग्न फोट्ोग्राफ)
3. धनरीक्षण के दौरान उद्योग में पाया गया धक उद्योग पररसर के क्लेधिां ग एररया के आसपास पाां च तालाब का धनमाट ण पूणट कर धलया गया है एवां उद्योग प्रबांिन मेससट अमय इनवायरमेंट्ल कन्सलट्ें सी भोपाल के माध्यम से रे न वाट्र हावेसधट्ां ग का कायट पूणट कर धलया गया है ।
4. उद्योग द्वारा औद्योधगक प्रधक्रया (Cladding) से उत्पन्न होने वाले ऐश के सां ग्रहण हे तु कविट शेि का धनमाट ण कर धलया गया है (सांलग्न फोट्ोग्राफ) एवां ऐश के उधचत धनपट्ान हे तु ट्ीएसिीएफ पीर्मपुर से सदस्यता प्राि कर ली है ।
5. उद्योग द्वारा क्लेधिां ग साईट् में कायटरत कमटचाररयोां एवां अन्य लोगो को सतकट साविान करने हे तु सायरन की व्यविा पूणट कर ली गई है ।
6. उद्योग प्रबांिन द्वारा केन्द्रीय भू-जल प्राधिकरण बोिट से भूगभीय जल के उपयोग सांबांिी अनुमधत प्राि कर ली गई है । (सांलग्न अनापधि प्रमाणपत्र) 9 O.A. No.35/2023(CZ) Rajamal Gurjar Vs. State of Madhya Pradesh & Ors.
7. उद्योग प्रबांिन द्वारा उद्योग तक पहुँ च मागट को मुरम, िोट्े बोल्डर इत्याधद िालकर पक्का कर धलया गया है एवां धनयधमत रूप से जल धििकाव की व्यविा कर ली गई है ।
8. उद्योग प्रबांिन द्वारा उद्योग में कायटरत कमटचाररयोां की सुरक्षा हे तु सुरक्षा धकट्-सेफ्टी शूज, हॅ ि ग्लोब्स, ऐयरप्लग, हेल्मेट् इत्याधद उपलब्ध कराया गया है । (सांलग्न फोट्ोग्राफ)
9. उद्योग प्रबांिन द्वारा पूवट में लगभग 5000 वृक्षारोपण धकया गया है एवां वतटमान में क्लेधिां ग यूधनट् के आसपास 3200 वृक्ष लगाये गये है ।
10. राष्ट्रीय हररत अधिकरण के आदे शानुसार लगातार 3 माह तक उद्योग प्रबांिन को पूवट सूचना धदये धबना औचक धनरीक्षण कर जल, वायु एवां ध्वधन स्तर मापन कायट मध्यप्रदे श प्रदू षण धनयांत्रण बोिट द्वारा धकया जाना है धजसके तहत् माह जनवरी 2024, माह फरवरी 2024 तर्ा माह माचट 2024 में उक्त कायट सम्पाधदत कर धवश्लेषण ररपोट्ट सांलग्न कर प्रस्तुत है । उक्त धवश्लेषण ररपोट्ट अनुसार जल, वायु के धवश्लेधषत पैरामीट्र एवां ध्वधन मापन स्तर मानक सीमा में पाये गये है । (सांलग्नक धवश्लेषण ररपोट्ट ) SITE PANCHNAMA The team constituted in pursuance to the letter no.
26/1368/2015/2/C-2 dated 06.02.2024 of the Principal Secretary MP Government, Home Department, Bhopal and in compliance with the order dated 23.05.2023 passed in National Green Tribunal Central Zone Bench Bhopal inspected the Firm ICEM village Ambhori Tehsil Tehsil Prabhat Pattan District Betul on 22.02.2024. During inspection, Shri J.P. Sayyam Additional Collector, Betul, Smt Tripti Pateria SDM Multai, Shri Ajeet Meravi Deputy Collector Betul (Probation), Shri Rohit Dabar, Manager DIC, Betul and Shri Sanjay Rajput Chemist, MP Pollution Control Board, Chhindwara, Shri Rajesh Kumar Dubey Deputy Tehsildar, Prabhatpattan, Shri C.P. Pal Revenue Inspector, Prabhatpattan, Shri Sukhdev Parte, Halka Patwari and the representative of ICEM Company, Shri N.K. Pingale (Director) and Shri Ashish Yadorav Dange (Manager) were present. The joint team inspected all three of ammonium nitrate, TNT and process unit situated in the premises of the firm. Polluted water plant operation was found in (sic). Cladding unit was inspected. The firm planted about 3200 trees around the cladding unit and about 5000 trees have been planted in the past, which were inspected. The joint team inspected seven villages around the firm, Ambhori, Shergarh, Mirona Kalan, Prabhat Pattan, Somgarh and Jarkhed. The distance of the nearest village Somgarh is three kilo meters and that of the farthest village is seven kilo meters. The panch signed in the site panchnama on the site.
10 O.A. No.35/2023(CZ) Rajamal Gurjar Vs. State of Madhya Pradesh & Ors.
15. The State PCB was also directed to submit the restoration plan with regard to the environmental damage and the plan has been submitted as follows: -
BRIEF FACT ABOUT THE PROCESS The process of bonding metal sheets using explosives involves the placement of high explosives between metal surfaces that are prepared by cleaning and roughening. An initiator or detonator initiates an explosion that generates a shock wave, causing the metal surfaces to deform and collide, creating a metallurgical bond. The heat generated fuses the metal together, creating a strong bond. Explosion Bonding is performed in a remote isolated area. Explosive is ignited at the Centre using a high velocity Booster. Detonations travel away from the initial point & across the Plate surface at the specified detonation rate. Clad sheet collides with base Plate at a specific velocity and impact angle. Pressure is created at the immediately approaching adjacent surface which are sufficient to take away thin layer of metal from each surface and eject it away in a jet. Thin layer of Macro fusion is formed which looks like wavy weld line. At the collision point, the newly created clean Metal surface impact at high pressure of several GPA which forces metals into metallurgical intimate weld contact solidifies across the complete surface. Although there is much heat generated in the explosive detonation, there is no time for heat transfer to the metal. The result is an ideal metal to metal bond without melting or diffusion. Explosion Bonding creates Metallurgical Bond of High Integrity, confined to a narrow weld region and leaves original Dispersion metal or structures, Cold-Working, Precipitation Hardening essentially undisturbed. In other words, explosion bonding process is a cold process in which inherited properties of parent materials do not get disturbed or changed, except developed stress due to cold work which can be pacified by Heat Treatment (Stress Relieving). The process of bonding metal sheets is done by blasting which has the impact of like an earthquake on account 5 of height intensity tremors which can be felt in a radius of 8 kms from the blast site BRIEF FACT ABOUT THE PROCESS Pursuant to Tribunal's order dated 23.05.2023, Joint Committee inspected the site on 06.07.2023 and has submitted a Report. It is said that process of industry involves bonding of metal sheets using 11 O.A. No.35/2023(CZ) Rajamal Gurjar Vs. State of Madhya Pradesh & Ors.
high 7 explosives which are placed on the top layer of metal surfaces and initiator or detonator initiates an explosion that generates a shock wave, causing metal surfaces to deform and collide, creating metallurgical bond. Heat generated fuses metal together, creating a strong bond. Explosive welding or cladding is usually performed on relative thick plates by means of a large-scale parallel plates set-up. Several explosive welding configurations were developed mainly in 1960's and 1970's for their potential use in modern industrial applications. Explosive cladding is used to make special himetallic heat exchanger tubes for protection of electrodes that are used in electrolysis. Explosive line and seam welding are important bonding techniques that allow welding of both, similar and dissimilar metal plates and sheets. In case of manufacturing of tubes, bonding occurs over a small overlapping fraction of the two surfaces which require only a small amount of explosive (for example, 5 g/m for line welds in thin ductile sheets). Explosive foil cladding is also used as an alternative coating technique. Process involved in the present unit ie, Respondent 12 includes bonding of two Metal sheets, one of Mild Steel and one of Stainless Steel, which include heavy cladding using 180-200 kg clad powder at a time.
Constitution of Joint Committee:
In view of the above, Hon'ble NGT has constituted a Joint Committee w.r.t Order dated 23.05.2023 passed in the current matter for proper investigation, consisting of: -
i. District Magistrate/Collector, Betul (M.P.) or his representative ii. One representative from Directorate General of Mines Safety (DGMS), Bilaspur (Chhattisgarh) iii. One representative from Central Pollution Control Board (M.P.) iv. One representative from Madhya Pradesh Pollution Control Board (M.P.).
Observation by the above Joint Committee:
• No record maintenance log book for water discharge has been provided by the industry to the team. While inspection, it was observed that the red colored effluent generated against floor washing and washing of mixer in which explosive clad powder is prepared, is discharged in the open area without any treatment. As per the consent 12 O.A. No.35/2023(CZ) Rajamal Gurjar Vs. State of Madhya Pradesh & Ors.
conditions, the effluent generated from washing of mixer/ other containers are covered under Effluent Treatment. • No Septic tank/ soak pit was observed during visit, while as per CTO adequate facility of sewage treatment shall be made for domestic purpose.
• The metal cladding pit (cladding site) is situated at about 2 km from the preparation site, is surrounded by soil dump of 18m height. As per the conditions of the CTO Dust suppressor, green belt, water sprinkler and a soil dump of 12m height is recommended to maintain acoustic condition. But as per actual no water sprinkler was observed, though the area is mainly surrounded by forest and agriculture land, lack of green belt around the pit was observed. • Ambient air quality monitoring was performed and the results of the prescribed parameters PM10, PM2.5, SO2 and NOx areas.
Civil Appeal No. 7788/2023 ICEM Engineering Company Pvt. Ltd. Vs. Rajmal Gurjar & Ors.
In compliance of Hon'ble Supreme court Civil Appeal No. 7788/2023 ICEM Engineering Company Pvt. Ltd. Vs. Rajmal Gurjar & Ors. order dated 01.12.2023, the MPPCB will Conduct periodic inspection of the appellants factory and examine/verify whether the pollution/discharge control norms are being complied. Such surprise inspections will be conducted at least once a month and without advance notice/intimation to the appellant. However, upon reaching the factory a notice of inspection will be served. MPPCB will collect and analyze of emission, effluents and noise and file a report by the next hearing date.
In the month of January-24, February-24, March-24, August-24 & Sep- 2024. Air, Water and Noise monitoring has been conducted by MPPCB, RO, Chhindwara. It is pertinent to mention that all the Results are within the limit.
Whereas, in compliance of the order dated 03.12.2024 passed by the Hon'ble Supreme Court of India in Civil Appeal No.7788 of 2A23, the Original Application No.35/2023 titled as Rajamal Gurjar Vs State of Madhya Pradesh & Ors. of this Tribunal has been reopened.
Constitution of Joint Committee for Preparation of Restoration Plan:
A judgement order was passed by Hon'ble NGT OA No. 35/2023 (CZ) on 26.09.2023 with the following directions: -13
O.A. No.35/2023(CZ) Rajamal Gurjar Vs. State of Madhya Pradesh & Ors.
"The amount of environmental compensation shall be spent on restoration/remediation/rejuvenation of environment in accordance with action plan which shall be prepared by a joint committee comprising CPCB. MPPCB and collector, Betul within two months. The plan shall include steps for remediation, budgetary allocation and execution. The plan shall be implemented within next three months after preparation.
In compliance of the order of, a joint committee was constituted comprising of the following members:
For finalization of plan of action, a meeting was convened in presence of all the committee members on 11.11.2024 (copy of minutes is enclosed as Annexure-1). Accordingly, all the members of the committee visited the site on 23.12.2024 to ascertain proper addressing all the issues for preparation of Restoration Plan.14
O.A. No.35/2023(CZ) Rajamal Gurjar Vs. State of Madhya Pradesh & Ors.
v 15 O.A. No.35/2023(CZ) Rajamal Gurjar Vs. State of Madhya Pradesh & Ors.
Recommendation
1. Monitoring of all parameters (Water, Air & Noise must be done by MIPCH, BD on regular intervals.
2. DG set must be provided with proper vent at prescribed height
3. It is also recommended to install digital flow meter to regulate the use of ground water and 30 prevent discharge of untreated effluent
4. Record of each process must be maintained in form of log books.
5. A seismograph analysis is also recommended during cladding.
6. Regular monitoring of the parameters included in CTO and submission of quarterly report to MPPCB is also recommended.
7. It is recommended to provide rain water harvesting system in the plant.
8. For ground water uses NOC must be obtained from CGWA (Central Ground Water Authority).
9. It is also recommended to install digital water meter to measure the flow of extracted ground water.
16. State PCB has filed the compliance report and submitted that in light of the compliance of the order of Hon'ble supreme Court of India the required amount of 10 lakhs have been deposited to the Environmental Compensation Fund to the Board on 5th of march 2025. With regard to the further compliance in light of the recommendation of the committee, the State Pollution Control Board was further directed to make an inspection and submit the report and a report has been filed on 13.08.2025 as follows: -
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O.A. No.35/2023(CZ) Rajamal Gurjar Vs. State of Madhya Pradesh & Ors.
a. Project Proponent has carried out plantation of Six Thousand Plants and further plantation of Ten Thousand plants is proposed.
b. Project Proponent has created a periphery of trees around the acoustic wall of explosion bonding area to reduce the noise pollution. The RO has recommended for further plantation of Trees of more height around the acoustic wall.
c. The Project Proponent had constructed a covered shed admeasuring 16 metre in length and 48 metre in width for storing and maintaining of Metal Sheets. The Project Proponent has informed that the waste scarp generated during the manufacturing process shall only be given to authorized waste disposal facility.
d. The Project Proponent had prepared an Emergency Response Plan for prevention and control of any accident during the manufacturing process which is effective since last ten years.
e. The Project Proponent has stated that Seismographic tests have been conducted within the industry in order to ensure that the noise generated during the industrial process is within the prescribed limits. The industry is yet to provide such reports of Seismographic tests to the Board for verification.
f. The Project Proponent has installed the STP of capacity of 10 KLD to treat the industrial effluent and to prevent discharge of any untreated water outside the premises.
The log book of the STP is being maintained by the Project Proponent.
g. The Project Proponent has adopted rain water harvesting in 11 places within the premises in order to maintain the ground water quality and recharge the ground water.
17. The Respondent Project Proponent has also filed the compliance report with the affidavit and stated that: -
3. That in compliance of the order passed by the Hon'ble Supreme Court the Respondent no. 12 has deposited Rs. 10,00,000/-17
O.A. No.35/2023(CZ) Rajamal Gurjar Vs. State of Madhya Pradesh & Ors.
(Rupees Ten Lacs) in the account of State Pollution Control Board, Environmental Compensation Fund on 05.03.2025.
4. That the matter was last heard on 09.07.2025 and this Hon'ble Tribunal vide its order dated 09.07.2025 directed "The State PCB has further filed the action plan for taking remedial measures. It is further reported that the required amount of Rs. 10 lakhs as directed by Hon'ble the Supreme Court of India has been deposited in the account of State Pollution Control Board Environmental Compensation Fund on 05.03.2025 and that the State PCB has conducted the sampling of the Air, Water and Noise analysis report and the same has been analyzed and filed.
8. Learned Counsel for the Project Proponent has submitted that the matter of action plan submitted by the committee has been taken cognizance by the Project Proponent and action plan as proposed by the committee at Sr. no. 1, 2, 3, 4 and 7 are required to be executed by the Project Proponent in consultation with the department concerned (forest and PHED) and action plan proposed at Sr. No. 5 and 6 are to be executed by the district administration and State PCB. Accordingly, Project Proponent is directed to implement it and after compliance the State PCB is directed to submit the report within four weeks.
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18. And further that the Respondent has completed all the compliances as proposed by the Joint Committee.
19. Next compliance was with regard to the result of the seismographic test which was required to be conducted in compliance of the order. The State PCB and the Respondent has also filed the copy of the seismographic test and report.
20. Submission of the learned Counsel for the Respondents are that the present application has been filed related to a Metal Cladding & Bonding Site of ICEM Engineering Pvt. Ltd. [Head Office at Anand Industries Compound, Raghunath Nagar, Thana (W) Maharashtra its Bonding Site at Village Ambhori, Tehsil Multai, District Betul (MP)]. The Bonding site is surrounded by several villages, but majority it is impacting 6 villages in question namely Narkhed, Sherghad, Deogaon, 18 O.A. No.35/2023(CZ) Rajamal Gurjar Vs. State of Madhya Pradesh & Ors.
Prabhatpattan, Somgarh and Mangonakala of Multai, District Betul (M.P.). It is further submitted that the Respondent has got the seismograph report prepared and has placed it before the Regional Officer, Madhya Pradesh Pollution Control Board, Chhindwara vide Letter dated 18.02.2026 and the State PCB has filed the copy of the report on 6th March, 2026. The details of the report are as follows: -
Objectives • To protect the structure integrity and ensure the compliance regulatory limits on airblast & ground vibration levels.
• To minimize community complaints and maintain operation credibility.
• To Support legal documentation and environmental compliance.
Operational Standards and DGMS Guidelines The permissible Peak particle velocity (PPV) as per DGMS circular No.7 dt.29/08/1997 (Table 1) for domestic houses/ structure (Kuccha, brick and cement) is 5 mm/s. The safe air overpressure has been considered as 128 dB. L (Approx. 50 Pa), as per recommendations of Siskind & Summers (Bhandari, 1994).
Table 1: Permissible Peak Particle Velocity (ppv) at the foundation level of structures in Mining Areas (in mm/s)¹ Methodology 19 O.A. No.35/2023(CZ) Rajamal Gurjar Vs. State of Madhya Pradesh & Ors.
Initially, blasting location inspection was carried out, after which temporary monitoring station were established at the point of interest (POI) for vibration and air overpressure analysis. POI-1: First Instrument, UM-23366 was installed near the ICEM office at 1290 meters from the blast site (lat. & long. 21.67666, 78.299444).
POI-2: Second Instrument, UM-23366 was installed at Gram panchayat premises at 2036 meters from the blast site (lat. & long. 21.665739,78.308908).
POI-3: Third Instrument, UM-23077 was installed near Navodaya School at 3204 meters from the blast site (lat. & long. 21.66028,78.27276).
The blast was executed as per design, and three instruments recorded vibration and air overpressure generated by the blast. Observation & Results There are three instruments has been mounted to record the blast ground vibration and Air overpressure. The recorded blast induced ground vibration and air overpressures are mentioned below. The measured ground vibration values in ICEM office, Gram panchayat and Navodaya School were 1.80 mm/s, 1.59 mm/s and less than 0.127 mm/s respectively, while the air overpressure recorded by all the instruments was less than 0.5 pa. These values well within the permissible limit.
Conclusion
a) All recorded Peak Particle Velocity (PPV) and air overpressure (AOP) values remained within permissible limits as per regulatory standards.
b) No structural damage, or adverse effects observed on the metal cladding or nearby building.
20 O.A. No.35/2023(CZ) Rajamal Gurjar Vs. State of Madhya Pradesh & Ors.
21. A perusal of the report discloses that the recorded peak particle velocity and air overpressure values remained within the permissible limits and there is no adverse effect on the buildings or no structural damage due to air overpressure.
22. Now the questions with regard to the restoration plan is concerned it is to be complied with, the Forest Department and the Administration. Some of the compliances have been done and some of the compliances are regularly complied with in accordance with the rules and in consultation with the concerned department. Accordingly, we direct as follows:
i. The amount of environmental damage to the tune of 10 lakhs which has been deposited by the Project Proponent to the MPPCB will be utilized for the restoration plan at the site in question.
ii. The restoration plan submitted by the State PCB on the basis of the Joint Committee headed by the District Magistrate, Collector Betul will be strictly complied with in letter and spirit by the Project Proponent in consultation with the Forest Department and the District Administration/Irrigation Department.
iii. The State PCB is directed to monitor the compliance which are required to be completed in consultation with the Irrigation Department/District Administration/Forest Department and to ensure that it is being completed within a time frame and the plantation must be started in the coming rainy season if not completed in the previous year. The Project Proponent shall also ensure the maintenance and survival of the plantations.21
O.A. No.35/2023(CZ) Rajamal Gurjar Vs. State of Madhya Pradesh & Ors.
23. With these observations, the Original Application No.35/2023 along with pending IA No.51/2026 stand disposed of accordingly.
Sheo Kumar Singh, JM Afroz Ahmad, EM 13th May, 2026, Original Application No.35/2023(CZ) (I.A. No.51/2026) AR 22 O.A. No.35/2023(CZ) Rajamal Gurjar Vs. State of Madhya Pradesh & Ors.