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2. The brief facts as stated in the original application bearing no. 539/2019, are that damage to environment has been caused by units of Dhampur Sugar Mills and distillery which are as follows:-

"1. Dhampur Sugar Mills, Sugar Unit, Dhampur, Bijnore;
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2. Dhampur Sugar Mills, Distillery Unit, Dhampur, District Bijnor;
3. Dhampur Sugar Mills, Sugar Unit, Asmoli, Sambhal;

4. It may be pointed out that these Units have earlier history of violation of environmental laws. In Year 2015, an Original Application. bearing no. 35/2015 was also filed by one Mr. Shailesh Singh titled "Shailesh Singh vs. D.S.M. Sugar Distillery Division Asmauli, Sambhal, U.P. & Ors.".

5. In the said matter, the Tribunal after hearing the contentions of parties and considering the inspection report, had ordered for closure the unit vide order dated 23.04.2015 which runs as follows;

• M/s Dhampur Sugar Mills Ltd (Sugar Unit), Asmoli, Sambhal applied NOC from CGWA. UPPCB vide letter dated 17-06- 2020 has asked CGWA for imposition of EC on M/s Dhampur Sugar Mills, Sugar Unit, Asmoli, Sambhal due to withdrawal of Ground Water without NOC.

5. The above shows that while for two units, compensation has been assessed by the State PCB, for the other two units, compensation has been left to be determined by the CGWA. There is no consistency. If in two cases, the State PCB has assessed compensation, there is no reason why for other two units it should not have done so. It is also not clear whether the compensation is as per norms and covers the entire period of illegal drawl of ground water and whether the deterrence factor has been taken into account.

4. UPPCB was requested to update CPCB about the deposition status of the levied Environmental Compensation as per the compliance report. As decided in the meeting, UPPCB sent its comments on the issue raised in the meeting submitting that UPPCB had sent two letters to CGWA, dt 17.06.2020 (Annexure-lV) and 21.09.2020 (Annexure-V) requesting to levy EC on M/s Dhampur Sugar Mills Ltd (Sugar Unit), Asmoli, Sambhal for extraction of ground water without obtaining NOC as CGWA is the authority to levy EC for illegal extraction of ground water. Also, UPPCB submitted updated compliance status report of the units as per the recommendations of joint inspection team to CPCB, which is annexed as Annexure-VI. As per the aforementioned report, all 04 units have complied with the recommendations of the Joint Inspection Team. CPCB respectfully submits that out of 04 units in the matter, only M/s Dhampur Sugar Mills Ltd (Sugar Unit), Asmoli, Sambhal has not obtained NOC from CGW A. Rest all three units have already obtained NOC from CGW A for extraction of ground water. Therefore, EC for the illegal extraction of ground was is to be levied on the sugar unit, M/s Dhampur Sugar Mills Ltd (Sugar Unit), Asmoli, Sambhal for which CGW A is required to calculate the amount. The EC already levied on the two units (Mis Dhampur Sugar Mills Ltd (Sugar Unit), Meerganj, Bareilly and M/s Dhampur Sugar Mills Ltd (Sugar Unit), Dhampur, Bijnor) as mentioned above was for noncompliance with respect to environmental norms. Now, this Compliance Report is submitted in compliance of Hon'ble NGT order dated 03.07.2020."