National Green Tribunal
Ghanshyam Singh Pasi vs State Of Uttar Pradesh on 17 December, 2025
Item No.07 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(Through Physical Hearing with Hybrid V.C. Option)
Original Application No.152/2022
(I.A. No. 407/2024 and I.A. No.469/2025)
IN THE MATTER OF:
1. Ghanshyam Singh Pasi
R/o of Bareilly Road Panwariya,
Tehsil Sadar, District Rampur,
Uttar Pradesh
Applicant
Versus
1. State of Uttar Pradesh
Through Additional Chief Secretary,
Environment Forest & Climate Change,
4th Floor, Vikramaditya Bhawan, 1,
Keshav Nagar Lucknow, U.P.
Email: [email protected]/[email protected] Respondent No.1
2. Uttar Pradesh Pollution Control Board
Through Member Secretary
Building No. TC-12 V, Vibhuti
Khand, Gomti Nagar, Lucknow, U.P.
Email: [email protected] Respondent No.2
3. M/s Radico Khaitan Ltd.
Bareilly Road, Rampur
Uttar Pradesh
Email: [email protected] Respondent No.3
4. Central Pollution Control Board
Through Member Secretary
Parivesh Bhawan,
East Arjun Nagar, Delhi
Email: [email protected] Respondent No.4
For the Applicant:
Ms. Swati Mishra, Advocate for the Applicant.
For the Respondents:
Mr. Gigi C. George and Mr. Sunil Dhani, Advocates for respondent
no.1.
Mr. Pradeep Misra and Mr. Daleep Dhyani, Advocates for respondent
no.2.
Mr. Sanjeev Ralli, Senior Advocate with Ms. Vanita Bhargava, Ms.
Nandita Chauhan, Ms. Tijil Thakur and Mr. Shubham Yadav,
Advocates for respondent no. 3.
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-2-
Mr. Balendu Shekhar and Ms. Tanisha Samantha, Advocates for
respondent no.4.
PRESENT:
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER.
____________________________________________________________________________
Judgment reserved on:-10.07.2025
Judgment pronounced on:-17.12.2025
______________________________________________________________________
JUDGMENT
PRONOUNCED BY HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JM
1. The applicant-Mr. Ghanshyam Singh made a complaint dated 17.12.2021 (pages 1 to 11 of the paper book) on the public grievances portal of this Tribunal which has been treated and registered as Original Application No. 152/2022 in exercise of suo-moto jurisdiction in view of law laid down by Hon'ble Supreme Court in Municipal Corporation of Greater Mumbai Versus Ankita Sinha and Others, (2022) 13 SCC 401.
Grievances of the applicant
2. The applicant had enclosed with complaint made on public grievances portal of this Tribunal copy of letter petition dated 16.12.2021 regarding causing of environmental pollution by M/s Radico Khaitan Ltd., Rampur and the accident which occurred in the above said industrial establishment on 08.03.2021. The relevant part of the letter petition enumerating grievances of the applicant is reproduced as under:-
"X X X X विषय-रे डिको खेतान लि० रामपुर में आलथिक िाभ प्राप्त करने के उद्दे श्य से गम्भीर षियन्त्र काररत करके छि, कपट एिं प्रलतरूपेण द्वारा छि करते हुये कलथत ठे केदार के िेबर / श्रलमक को रे डिको खेतान लि० का स्थायी श्रलमक दर्ािकर सरकार की बिी धनरालर् हड़पने एिं असहाय श्रलमकों का आलथिक, मानलसक र्ोषण करते हुए संविधान द्वारा प्रदत्त O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-3-मौलिक अलधकारों का हनन डकये जाने के सम्बन्त्ध में तथा पयाििरण को क्षलत पहुुँचाने एिं समाज में जालतिाद का जहर फैिाकर तथा प्रदष ू ण फैिाकर मानि जीिन को संकट उत्पन्त्न डकए जाने के सम्बन्त्ध में।
X X X X
1. यह डक प्राथी एक सामाजजक व्यवि है तथा सामाजजक कायि में सदै ि अलिम पंवि में सहभागी होने का प्रयास करता रहा है तथा ितिमान सरकार की जन िोक कल्याण कायि एिं कायि प्रणािी से अत्यन्त्त भयभीत रहता है ।
2. यह डक प्राथी माननीय महोदय को सादर अिगत कराना चाहता है डक जनपद रामपुर उ०प्र० में रे डिको खेतान लि० रामपुर विगत कई िषों से स्थावपत है , जजसके िायरे क्टर श्री के० पी० लसंह हैं ।
3. यह डक उि िायरे क्टर श्री के० पी० लसंह द्वारा उ०प्र० सरकार से आलथिक िाभ प्राप्त करने के उद्दे श्य से तथा सरकार से बेईमानी पूिक ि धन प्राप्त करने के उद्दे श्य से अत्यन्त्त सुलनयोजजत षियन्त्र के अन्त्तगित कायि करते हुए अन्त्य सहयोगी श्री तीरथ लसंह से एक कम्पनी जजसका नाम जी० टी० इन्त्टरप्राइजेज बॉटलिंग कॉन्त्रे क्टर के नाम से रजजस्टिि करायी गयी है ।
4. यह डक उि िायरे क्टर श्री के० पी० लसंह एिं श्री तीरथ लसंह द्वारा सरकार से िाखों-करोिों रूपये हड़पने के उद्दे श्य से रे डिको खेतान लि०, रामपुर उ० प्र० में स्थावपत बॉटलिंग प्िान्त्ट जैसे-बीयर हाऊस, रम हाऊस, लसविि जी० एस० पी० इत्याडद विभागों में कायिरत श्रलमकों को उि फैक्री का स्थायी कमिचारी / श्रलमक दर्ािते हुए लमथ्यापूणि ढं ग से फैक्री के दस्तािेज एिं अलभिेख में लमथ्या प्रविवि की जा रही है जबडक िास्तविकता यह है डक ठे केदार तीरथ लसंह जजसके नाम से जी० टी० इन्त्टरप्राइजेज बॉटलिंग कॉन्त्रे क्टर के नाम से पंजीकृ त है , में अस्थायी रूप से कायि प्राप्त करने िािे श्रलमकों को उि िायरे क्टर श्री के० पी० लसंह की उि फैक्री में स्थायी कमिचारी दर्ािकर विस्तृत पैमाने पर है रा-फेरी करके सरकार को बहुत बड़े पैमाने पर आलथिक हालन/क्षलत पहुंचायी जा रही है ।
5. यह डक उि तीरथ लसंह द्वारा कायिरत अस्थायी श्रलमकों को लभन्त्न- लभन्त्न िणि के कािि दे डदये जाते हैं , जजससे कायिरत श्रलमकों को यह भ्रम बना रहे हैं डक श्रलमक फैक्री के स्थायी कमिचारी हैं तथा फैक्री द्वारा अपने अलभिेख में उि श्रलमकों को लमथ्यापूणि ढं ग से प्रिंचना करते हुए सरकार से आलथिक िाभ प्राप्त करने के उद्दे श्य से प्रलतरूपेण द्वारा छि डकया जा रहा है , जो आम अलर्जक्षत जनमानस एिं सरकार के साथ छि की पराकाष्ठा है ।
6. यह डक सरकार द्वारा समय-2 पर लिलमटे ि फैजक्रयों को जारी डदर्ा- लनदे र् गजट अलधसूचना/गाईि िाइन्त्स का भी िगातार उल्िंघन डकया जा रहा है । जैसे लिलमटे ि फैजक्रयों को र्ासन द्वारा लनदे लर्त स्थायी O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-4-श्रलमकों को प्राप्त होने िािे िाभ जैसे एि०टी०सी० का अिकार् एिं समय-2 पर कुछ अन्त्तराि उपरान्त्त मुँहगाई भत्ता, लचडकत्सा भत्ता, िेच्युटी, जी०पी०एफ० फण्ि इत्याडद कुछ नहीं डदया जाता है तथा स्थायी कमिचारी को डदये जाने िािा पररचय पर एिं स्थायी कमिचारी का पर इत्याडद कुछ नहीं डदया गया है , केिि प्रलतिषि एक बार एक जोड़ी जूते और एक जोड़ी िदी फैक्री द्वारा श्रलमकों को डदया जाता है ।
7.यह डक उि फैक्री में र्ीरा एिं अल्कोहि एिं दे र्ी ि विदे र्ी मडदरा आडद एक्साईज ड्यूटी में आती हैं । जजतना एक्साईज ियूटी कन्त््यूम करें गे। फैक्री उतना ही माि बनायेगी ि स्टॉक करे गी िेडकन फैक्री में एक्साईज ड्यूटी कन्त््यूम से कई गुना ्यादा माि की खपत की जाती है । जैसे डक िॉकिाऊन में फैक्री को सैनेटाइज़र बनाने की अनुमलत लमिी थी उसी दौरान दे र्ी ि विदे र्ी मडदरा लिलमट से ्यादा तैयार करके गोदामों से बाहर तक मडदरा की पेडटयों के चट्टे िगाकर वरपाि से ढक डदये गये। फैक्री को जब डदनांक 04/05/2020 को िॉकिाऊन में मडदरा बेचने की परमीर्न सरकार द्वारा दी गयी तो एक डदन में लिलमट से कई गुना ्यादा गाड़ी िोडिं ग के लिये िगीं जैसे डदनांक 04/05/2020 से 19/05/2020 तक 150 से िेकर 200 गाडियां तक िोडिं ग हुईं और यह गाड़ी कन्त्टीन्त्यू िगातार दो महीने तक चिती रहीं। इसके कैमरे की फुटे ज को चैक डकया जाये। ताडक यह पता चि सके डक फैक्री ने आबकारी अलधलनयम का उल्िंघन डकया है और सरकार के राजस्ि का नुकसान डकया गया है ।
8. यह डक उि सुलनयोजजत षियन्त्र द्वारा सरकार को आलथिक हालन पहुंचाने के कृ त्य का आभास श्रलमकों एिं जनमानस को डदनांक 28.06.2020 को हुआ जब उि फैक्री में श्रम विभाग के बड़े अलधकारीगण लनरीक्षण हे तु फैक्री में आये, उस डदन फैक्री के अन्त्दर अत्यन्त्त अफरा-तफरी एिं अराजकता का िातािरण था तथा िायरे क्टर महोदय द्वारा फैक्री का मुख्य द्वार स्थायी कमिचारीगण के लिये भी 2 या 3 डदन के लिये बन्त्द कर डदया था तथा जो िेबर फैक्री के अन्त्दर थी, उन्त्हें भी फैक्री के अन्त्दर अन्त्यर-अन्त्यर स्थानों तथा अिग-2 गोदामों में बन्त्द कर डदया गया था।
9. यह डक उि समस्त भ्रि डिया किाप को डियान्त्ियन करने में जजिे के श्रम विभाग के उच्चालधकाररयों की भूलमका भी संडदग्ध है अन्त्यथा इतने व्यापक पैमाने पर उि भ्रिाचार सम्पाडदत डकया जाना संभि नहीं है ।
10. यह डक उि फैक्री में कायिरत श्रलमक एिं िेबर िगभग 35-40 सािों से उि फैक्री कायिरत हैं , जजसके ऐिज में फैक्री द्वारा उि श्रलमकों को अलधकतम 10,000/- रूपये से भी अल्प पाररश्रलमक भुगतान डकया जाता है , जजसकी लर्कायत समय-2 पर फैक्री में कायिरत श्रलमक द्वारा O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-5-श्रम विभाग एिं अन्त्य विभागों में की जाती रही है डकन्त्तु श्रम विभाग के अलधकाररयों द्वारा भी उि लर्कायत की सघनता से जांच नहीं की गयी है ।
11. यह डक उि फैक्री के िायरे क्टर के० पी० लसंह एिं ठे केदार तीरथ लसंह एिं श्रम विभाग के अलधकारीगण एिं अन्त्य द्वारा िगातार सरकार को लमथ्या आख्या/ररपोटि एिं दोषपूणि एिं कूटरलचत दस्तािेज को लनलमित करके सरकार से धन प्राप्त करके श्रलमकों को प्रदान न करके धनरालर् का बन्त्दरबांट डकया जा रहा है , जो डक दोषपूणि ढं ग से सरकार से धन प्राप्त करके सम्पवत्त का आपरालधक दवु ििलनयोग का अपराध डकया जा रहा है , जजसके लिये विगत कई िषों से दबे-कुचिे एिं र्ोवषत मजदरू ों का उत्पीड़न डकया जा रहा है जबडक भारतीय संविधान द्वारा प्रदत्त प्रत्येक कामगार को मानिीय गररमापूणि ढं ग से अपने तथा पररिार के भरण पोषण एिं लर्क्षा-दीक्षा हे तु पाररश्रलमक प्रदान डकये जाने के संिैधालनक अलधकारों का भी उल्िंघन है ।
12. यह डक उि फैक्री भारत सरकार एिं रा्य सरकार के मानकों का भी उल्िंघन कर रही है । फैक्री की िेबर के साथ अगर कोई अवप्रय दघ ु ट ि ना घडटत होती है तो फैक्री का कोई अपना अस्पताि नहीं है और न ही कोई एम०बी०बी०एस० या एम०िी० िाक्टर भी नहीं हैं । फारमेल्टी के तौर पर एक बी०एम०एस० िॉक्टर खांसी-जुकाम के लिये बैठा रखा है । सरकार के लनयम एिं लनदे र् के अनुसार प्रत्येक फैक्री में डकसी भी प्रकार की आकजस्मक दघ ु ट ि ना घडटत होने की दर्ा में उलचत इिाज हे तु एक क्िीलनक की व्यिस्था होना अलत - आिश्यक है जजसमें योग्य एिं अनुभिी लचडकत्सक का होना आिश्यक है क्योंडक कि-कारखानों का कायि जोजखमपूणि कायि की श्रेणी में आता है बजडक पूिि मे भी उि फैक्री में कई गम्भीर दघ ु ट ि नायें हो चुकी हैं जजनका समय पर इिाज न लमिने के कारण कई श्रलमकों की मृत्यु भी हो चुकी है ।
13. यह डक उि फैक्री को आबादी के मध्य संचालित डकया जा रहा है तथा सरकार केन्त्रीय सरकार एिं एन०जी०टी० के मानकों एिं अलधसूचना तथा अलधलनयम का िगातार उल्िंघन करते हुए फैक्री का संचािन डकया जा रहा है ।
14. यह डक उि फैक्री के आस-पास दवू षत धुआ ुँ एिं िायु को र्ोवषत करने हे तु मानक के अनुरूप िृक्ष नहीं िगाया गया है तथा फैक्री से लनकिने िािे जहरीिे धुएं इत्याडद से िायु प्रदष ू ण का अत्यलधक मारा में फैिाि हो रहा है , जजससे आस-पास रहने िािे नागररक स्िच्छ हिा प्राप्त न कर पाने की िजह से अनेक घातक एिं असाध्य रोक की चपेट में आ रहे हैं तथा आपको यह भी अिगत कराना है डक उि फैक्री में िगभग एक महीने के अन्त्दर 5 या 6 बार सुबह सहर में जहरीिी गैस छोड़ी O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-6-जाती है जजससे आस-पास के रहने िािे नागररकों को सांस िेने में डदक्कत होती है । ऐसा िगता है डक जैसे डक दम घुट रहा है ।
15.यह डक उि फैक्री में दवू षत एिं जहरीिे पानी को डफल्टर करने के उद्दे श्य से ई०टी०पी० प्िान्त्ट स्थावपत डकया गया है , डकन्त्तु उि प्िान्त्ट को फैक्री द्वारा चिाया नहीं जाता है , क्योंडक उि प्िान्त्ट को चिाने से वबजिी की खपत अलधक होती है ।
16. यह डक आपको अिगत कराना है डक उि फैक्री के जो नािे के द्वारा दवू षत पानी जा रहा है , िह पानी 85 से 90 सेजल्सयस टे म्प्रेचर डििी का है , आलथिक तेजाब की तरह उस पानी से िगभग 3 या 4 डकमी० तक प्रदष ू ण ि दग ु न्त्ि ध का फैिाि दरू तक आबादी में होता है और कृ षक एिं फसिों को गम्भीर क्षलत पहुुँच रही है तथा पर्ु-पजक्षयों एिं मानि जालत को लभन्त्न 2 रोग िस्त हो रहे हैं ।
17. यह डक उि फैक्री द्वारा सुरक्षात्मक एिं सािधानी पूिक ि जनडहत में कायि न करने की िजह से गाुँि-मोहल्िा एिं आबादी जनमानस के स्िास्थ्य एिं मानस पटि पर प्रलतकूि प्रभाि पड़ रहा है तथा आलथिक क्षलत भी हो रही है । जैसे खेती को क्षलत पहुुँचना, इिेक्रॉलनक, चांदी, पीति, तांबा, सोना, िोहे का सामान इत्याडद भी गि रहा है तथा फैक्री के पानी से दरू -2 तक दग ु न्त्ि ध का फैिाि रहता है तथा फैक्री में िगातार प्िान्त्ट ि उत्पादन क्षमता िगातार बढाया जा रहा है तथा प्रदष ू ण विभाग एिं अन्त्य विभाग से सांठ-गांठ होने की िजह से हमेर्ा क्िीन लचट िेने में फैक्री के िायरे क्टर सफि रहते है जजसका प्रभाि मानि जालत ि पर्ु-पजक्षयों एिं सम्पवत्त पर पड़ रहा है ।
18. यह डक फैक्री उि पौष्ट्री द्वारा पानी को डफल्टर करने के लिए जो ई०टी०पी० प्िान्त्ट िगाया है , िह सदै ि लनजरिय अिस्था में रहता है डकन्त्तु प्रदष ू ण लनयन्त्रण बोिि के अलधकारी द्वारा लनरीक्षण डकये जाने पर उि इं ०टी०पी० मर्ीन को चिाया जाता है ।
19. यह डक उि फैक्री में दवू षत पानी की डदन में फैक्री के अन्त्दर ही इकट्ठा कर लिया जाता है । पयाििरण के अलधकाररयों को गुमराह करने के उद्दे श्य से डदन में नािे में साफ पानी छोड़ा जाता है । िेडकन िास्तविकता यह है डक गलमियों में रात को िगभग 11 या 12 बजे के समय दवू षत पानी नािे में छोड़ा जाता है और ठण्ि के डदनों में रात को 9 या 10 बजे दवू षत पानी नािे में छोड़ा जाता है । रात को छोड़ने िािे दवू षत पानी का टे म्प्रेचर 85-90 डििी सेजल्सयस यानी तेजाब की तरह का पानी इस नािे में छोड़ा जाता है । रात को इस दवू षत पानी की दरू तक दग ु न्त्ि ध फैि जाती है । िोग बीमार पड़ते है एयं अजीबसी घबराहट हो जाती है और रात को सोते समय साुँस िेने में डदक्कत होती है ।इस O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-7-दवू षत पानी की बी0ओ0िी0 जांच कराना अलत आिश्यक है तथा इस फैक्री के विरुध दं िात्मक कायििाही की जाए ताडक मनुरयों के जीिन के साथ जखििाड़ न हो सके।
20. यह डक उि फैक्री के अन्त्दर सी०बी० एि० (सेठार) लि0 का बायिर िगा हुआ है जो डक काफी पुराना है इस बायिर की लचमनी चटकी हुयी है । कभी भी कोई बड़ा हादसा फैक्री के अन्त्दर हो सकता है । प्रदष ू ण के बड़े अलधकारी फैक्री के अन्त्दर जब इं स्पेक्र्न करने आते हैं तो फैक्री के िायरे क्टर श्री के०पी० लसंह अलधकाररयों के गुमराह करने के उद्दे श्य से यह बता दे ते हैं डक इस बायिर को बन्त्द रखते हैं यह बायिर कन्त्िम जस्थलत में है । जबडक िास्तविकता यह है डक इसी बायिर को श्री के०पी० लसंह िेबर की जजन्त्दगी के साथ जखििाड़ करते हुये इसी बायिर को चििाते है । इस बायिर में जो भूसी झोकी जाती है । उसकी राख दरू तक उड़ती है । रास्ते में िाहनों को चिाते हुए िोगों की आंखों में पड़ती है । आंखों में राख पड़ने के उपरांत ही एक्सीिे न्त्ट होते है तथा पैदि चिने िािे राहगीरों की आंखों में भी राख पड़ती है इससे आंखें खराब होने का भी खतरा बना रहता है तथा आस-पास की आबादी की छतों पर राख जमा हो जाती है और आसमान में भी कािी कािी चादर सी छा जाती है । फैक्री के पास राख को कन्त्रोि करने का कोई भी साधन नहीं है । बायिर की िागबुक भी चेक की जाये ताडक यह पता चि सके डक िह बायिर कब-कब चिा है ।
21. यह डक उि फैक्री सेफ्टी के नाम पर जोरो िेविि पर है । िेबर जब सेफ्टी डकट मांगती हो तो िायरे क्टर श्री के0 पी0 लसंह के इर्ारे पर सेफ्टी मैनेजर द्वारा िेबर को हड़काया जाता है एिं दबाि बनाया जाता है डक जो पुरानी टू टी-फूटी डकट है उसी को इस्तेमाि में िो। जैसे जूते, ग्िब्स, साउं ि की जगहे एयर प्िग, हे िमेट, चश्मा आडद। नई सेफ्टी डकट न होने की िजह से फैक्री में िेबर के साथ आये डदन दघ ु िटना होती रहती है । इसकी जाच कराना अलत आिश्यक है ।
22. यह डक उि फैक्री के िायरे क्टर द्वारा फैक्री में िगातार रं ग , भेद, जालतिाद का घृजणत जहर भी फैिाया जा रहा है । जजसका जििंत उदाहरण है डक फैक्री में स्थायी कायिरत एिं ऊंची पोस्ट के िगभग 80 प्रलतर्त कमिचारी जाट वबरादरी से आते हैं जबडक उि फैक्री में लनयुवि प्राप्त करने हे तु सििप्रथम अहि क योग्यता जाट वबरादरी होना आिश्यक है , अन्त्यथा व्यवि की योग्यता को ताक में रखकर लनयुवि अन्त्य जाट समुदाय के व्यवि को प्रदान डकया जाता है जो डक जालतिाद की पराकािा है तथा समाधा में भेदभाि का जहर घोिा जा रहा है ।
23. यह डक भारत सरकार की अलधसूचना के अनुसार प्रत्येक फैक्री में सी०एस०आ० का 2 प्रलतर्त फण्ि एन०जी०ओ० हे तु लनधािररत डकया गया O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-8-है डकन्त्तु उि फैक्री के िायरे क्टर श्री के० पी० लसंह ने साठ-गांठ करके अपने ही डकसी एन०जी०ओ० की 2 प्रलतर्त सारा फण्ि दे रखा है तथा अलभिेख तथा दस्तािेज में दर्ािया गया है डक एन०जी०ओ० द्वारा कम्प्यूटर की रे लनंग दी जा रही है तथा समस्त धनरालर् का बन्त्दरबांट डकया जा रहा है ।
24 यह डक जि प्रदष ू ण लनिारण एिं लनयंरण अलधलनयम 1974 के प्रलतपाडदत लसधांत के अनुसार भी डकसी भी कि-कारखाने द्वारा डकसी प्रकार के जि प्रदष ू ण के माध्यम से सामान्त्य जनमानस से इसका प्रलतकूि प्रभाि पड़ता हो या प्रलतकूि प्रभाि पड़ने की सम्भािना हो तो इसको िोक उत्पात के अलतररि प्राईिेट उत्पात माना जायेगा तथा आिासीय स्थान में कारखाने/फैक्री को संचालित करने के लिये अनुमलत प्रदान करना स्ितः विलध का घोर उल्िंघन है । माननीय उच्चतम न्त्यायािय द्वारा कृ रण गोपाि बनाम म०प्र० रा्य 1986 (सी०एि०जे०) के िाद में भी लनिािचन डकया है डक "प्रत्येक व्यवि के मकान को उनका महि मानते है , जजस पर जहरीिे धुए ुँ और प्रपीड़न र्ोर द्वारा आिमण नहीं डकया जा सकता है । प्रत्येक व्यवि को ताजी हिा तथा जि का अलधकार है । यडद कोई व्यवि अपने लिए कायि करता है और अन्त्य को कोई असुविधा उत्पन्त्न करता है तो उसे माफ नहीं डकया जायेगा , चाहे िह उत्पात तुच्छ हो या गम्भीर हो। इसी िम में एम0एसी0 मेहता बनाम भारत संघ (1986 एस०सी०) मामिे में मा0 सिोच्च न्त्यायािय द्वारा डदल्िी जस्थत श्री राम फूि एण्ि फटीिाइजर कम्पनी को ओलियम नाम खतरनाक गैस बनाने से रोक डदया जब तक डक कम्पनी प्रदष ू ण रोकने के लिएआिश्यक उपाय नहीं करती है । इसी िम में एम०सी० मेहता बनाम भारत संघ (1988 एस०सी०) के केस के मामािे में जि (प्रदष ू ण लनिारण एिं लनयंरण) अलधलनयम 1974 के अनतगित 6 माह के भीतर जि बोिि को जि प्रदष ू ण दरू करने श्रलमक कािौनी में सीिर िाईन को बनाने, लनधिन िोगों के लिए साििजलनक र्ौचािय बनाने , निीन कारखानों के पयाििरण लनयंरण सम्बन्त्धी उपकरण िगाये वबना, अनुमलत न दे ने का आदे र् डदया।
25. यह डक उि रे डिको खेतान फैक्री भविरय में डकसी भी प्रकार की गम्भीर दघ ु ट ि ना का कारण बन सकती है , जजससे एक बड़ी आबादी को उि दघ ु ट ि ना के कारण गम्भीर क्षलत पहुंचने की संभािना बनी चहती है ।
26. यह डक म०प्र० रा्य में भोपाि गैस रसदी को दृविगत रखना भी आिश्यक है , जो फैक्री की घोर िापरिाही एिं िगातार मानकों का उल्िंघन एिं उच्चालधकाररयों का भ्रस्ताचार में लिप्त होने का खालमयाजा भोपाि की लनरीह मासूम एिं बेकसूर जनता को जन नरसंहार के रूप में भुगतना पड़ा था।
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-9-27. यह डक ितिमान अमारािष्ट्रीय पररदृश्य में दे खा जाए तो बैरुत विस्फोटक धमाका द्वारा नरसंहार भी िापरिाही को इं लगत करता है ।
28.यह डक उि फैक्री का धुआ, जहरीिे गैस इत्याडदत्त की िजह से घर के अन्त्दर आुँगन, छत इत्याडद राख बुरादे इत्याडद की परतें जम जाना प्रत्येक डदन की डदनचयाि हो चुकी है तथा िगातार पयाििरण का अनैलतक ढं ग से दोहन डकया जा रहा है जजसके अन्त्तगित प्रलतबजन्त्धत हरे -भरे छायादार िृक्षों का कटान डकया गया है ।
29. यह डक उि फैक्री में डदनांक 08/03/2021 को अल्कोहि के टैं क में जो भीषण आग िगी थी उस आग में एक मजदरू झुल्सा था एिं मजदरू घायि हुये थे। िह टैं क िगभग 2 िाख िीटर का अल्कोहि का टैं क था। ऐसा प्रतीत होता है डक इस टैं क का ररकािि आबकारी विभाग के ररकािि में नहीं था और न ही एक्साईज ड्यूटी कन्त््यूम थी। इस टैं क को छुपाकर सरकार को राजस्ि का नुकसान पहुंचाने के उद्दे श्य से रखा गया था। ्यादातर फैक्री के कमिचाररयों को इस टैं क के बारे में पता ही नहीं था। जब टैं क में आग िगी हो पता चिा डक यह अल्कोहि का टैं क है ।
अत. श्रीमान जी से करबद्ध अनुरोध है डक पररजस्थलतयों को ध्यान में रखे हुये उि वबन्त्दओं की लनरपक्ष कमेटी के माध्यम से जांचोपरांत सकत कायििाही करते हुए भविरय में होने िािी भीषण जनसामान्त्य की बात को रोकने की कृ पा करे तथा एक पूरी आबादी की प्रलतडदन होने िािी समस्या से मुि कराने की कृ पा करें । अलत कुपा होगी।"
(Emphasis Added)
3. The English Translation by the Registry of the relevant part of the letter petition reproduced above reads as under:-
"X X X X
"Subject: Concerning the serious conspiracy
committed with the intention of obtaining financial benefits from the government by fraudulent means through misrepresentation and impersonation, by showing contract laborers/workers as permanent employees of Radico Khaitan Ltd., Rampur, thereby defrauding the government of large sums of money and economically and mentally exploiting helpless laborers, resulting in the violation of fundamental rights granted by the Constitution; and concerning the environmental damage, caste-based discrimination in society, pollution, and endangerment of human life.
X X X X
1. That the applicant is a socially aware person and has always tried to actively participate in social work and remains deeply concerned about the public welfare programs and working style of the present government. O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-10-
2. That the applicant wishes to inform your esteemed self that Radico Khaitan Ltd., Rampur, Uttar Pradesh, has been operational for many years, with Mr. K.P. Singh as its Director.
3. That the said Director, Mr. K.P. Singh, with the objective of dishonestly securing economic benefits from the Uttar Pradesh Government, conspired with Mr. Teerath Singh to register a company named "G.T. Enterprises Bottling Contractor."
4. That under this conspiracy, temporary laborers working in various departments such as Beer House, Rum House, Civil G.S.P., etc., at the Radico Khaitan Ltd., Rampur plant, are falsely shown as permanent employees of the factory. Falsified entries and records are being made to misrepresent these laborers as permanent employees, thereby defrauding the government on a large scale.
5. That Mr. Teerath Singh issues different colored ID cards to temporary workers, creating the false impression that they are permanent employees. This is done to mislead both the workers and the government, which is a gross betrayal of the illiterate public and the government.
6. That the factory regularly violates the guidelines and notifications issued by the government for limited companies. Workers are not provided with any of the benefits mandated for permanent employees such as LTC, medical allowance, gratuity, GPF, etc. They only receive one pair of shoes and one uniform annually.
7. That the factory handles excisable products like molasses, alcohol, Indian and foreign liquor. However, it consumes far more raw material than the excise duty permits. For example, during the lockdown, when the factory was permitted to produce sanitizer, it secretly overproduced liquor and stored it illegally under tarpaulin. Between May 4 to May 19, 2020, 150-200 trucks were loaded per day, continuing for two months--this can be verified via CCTV footage.
8. That the laborers and the public became aware of this conspiracy on June 28, 2020, during an inspection by labor department officials. The factory was in chaos, the main gate was closed for 2-3 days, and workers inside were hidden in separate storage areas.
9. That the role of senior labor department officials is also questionable, as such large-scale corruption is not possible without their collusion.
10. That many workers have been employed for 35-40 years but are still paid meager wages under ₹10,000. Repeated complaints to the labor department have been ignored.
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-11-11. That Director K.P. Singh, contractor Teerath Singh, and others create false reports and forged documents to divert government funds meant for laborers, violating constitutional rights and committing economic offenses.
12. That the factory does not have its own hospital or even a qualified MBBS/MD doctor. Only a basic practitioner is present, despite the factory's high-risk nature and history of serious accidents.
13. That the factory is operated within a residential area, violating both central and NGT guidelines and regulations.
14. That the factory has not planted trees as per environmental norms, and releases toxic smoke multiple times a month, especially in early mornings, affecting the health of nearby residents.
15. That although an ETP (Effluent Treatment Plant) has been installed, it is usually not operational due to high electricity consumption.
16. That the contaminated water released by the factory reaches temperatures of 85-90°C, causing environmental and agricultural damage across a 3-4 km area. This water acts like acid, damaging crops, livestock, and public health.
17. That due to negligence in public safety, nearby villages and urban populations suffer severe economic and health consequences, including metal corrosion and persistent foul odor.
18. That the ETP plant is deliberately shown as operational during inspections, but otherwise remains inactive.
19. That during the day, the factory stores polluted water internally and releases clean water to deceive environmental officials. At night or during peak summer hours, toxic water is released into public drains, spreading disease and suffocating air. The BOD (Biochemical Oxygen Demand) level of this water should be urgently tested.
20. That the factory uses an old CBEL (boiler), with a cracked chimney, which poses a major accident risk. The director falsely claims it is inactive, yet continues to use it, releasing ash that causes accidents and respiratory hazards.
21. That safety kits for laborers are either old or unavailable. When laborers demand them, they are threatened and forced to reuse damaged equipment, increasing accident risk.
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-12-22. That Director K.P. Singh promotes caste-based discrimination by hiring about 60% of permanent staff from the Jat community. Caste is used as a hiring criterion, which is discriminatory and unconstitutional.
23. That 2% of the CSR (Corporate Social Responsibility) fund mandated for NGOs is fraudulently diverted to a fake NGO linked to the director, under the pretext of providing computer training.
24. That according to the Water (Prevention and Control of Pollution) Act, 1974, any factory polluting the environment and affecting public life is a public nuisance. Operating such a factory in a residential area without legal clearance is illegal. The Supreme Court in Krishna Gopal vs. State of MP and M.C. Mehta vs. Union of India has reinforced the right to clean air and water.
25. That the Radico Khaitan factory poses a potential threat of major industrial disaster, which may result in large-scale casualties.
26. That the tragic Bhopal gas disaster serves as a warning against negligence and regulatory failure.
27. That recent international events of mass explosions underscore the consequences of negligence.
28. That daily layers of ash and soot settle in nearby homes due to emissions. Trees have been illegally cut, and the environment is being degraded continuously.
29. That on March 8, 2021, a fire broke out in an illegal alcohol tank of 2 lakh liters, injuring multiple workers. This tank was not recorded in official excise registers, suggesting tax evasion and intent to defraud the government.
Therefore, the applicant humbly requests that an impartial committee be formed to investigate these serious matters and initiate action to prevent further harm to public life, and provide relief to the affected population."
Constitution of Joint Committee
4. In view of the serious allegations made by the applicant in letter petition, this Tribunal, vide order dated 29.04.2022, constituted a Joint Committee comprising CPCB, State PCB and District Magistrate, Rampur and directed the same to submit Factual and Action Taken Report within two months. The relevant part of order dated 29.04.2022 reads as under:-
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-13-
"3. In view of the serious allegations made in the present letter petition, we consider it appropriate to have a factual and action taken report from a Joint Committee comprising of CPCB, State PCB and District Magistrate, Rampur. The State PCB will be the Nodal agency for coordination and compliance. The Joint Committee may meet within four weeks, undertake site visits, look into the grievances of the applicant and take requisite action by following due process of law. The Committee may also examine the issues in relation to Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 as applicable including off-site and on-site plans and remedial steps to avert the industrial accidents. Factual and action taken report may be furnished within two months...."
Report of Joint Committee
5. In compliance thereof, report of the Joint Committee (pages no.
12 to 113 of the paper book) was filed by Mr. Vikas Mishra, Regional Officer, UPPCB, Moradabad vide letter dated 09.09.2022 through email dated 09.09.2022. The relevant part of the report of the Joint Committee reads as under:-
"JOINT INSPECTION REPORT IN COMPLIANCE TO HON'BLE NGT ORDER DATED 29.04.2022 IN THE MATTER OF GHANSHYAM SINGH PASI Vs STATE OF U.P. [0.A. NO. 152/2022) Date of inspection: 12 July 2022 PREPARED BY JOINT COMMITTEE OF CPCB & UPPCB X X X X
3. Joint Inspection Report of Radico Khaitan Limited, Bareilly Road, Rampur, Uttar Pradesh -244901 S.No. Name & Address of Radico Khaitan Limited, the Industry: Bareilly Road, Rampur, Uttar Pradesh - 244901
1. Type of Industry Sector Distillery
2. Date of Inspection 12, July, 2022
3. Operational Status Operational
4. Name of main Raw Molasses (B-heavy) Material
5. Name of Final Product (s) Spirit (ENA)
6. Consented Production 200 KLPD for Molasses Capacity based distillery based distillery - 100 KLPD spirit Plant - 03 KLPD Grain Malt
7. Production during 130 KLD inspection (based on Excise data) O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-14-
8. Air and water consent Valid up to 31.12.2023
9. Authorization under Haz. Valid up to 31.12.2023 and Other Wastes Rules, 2016
10. Permission from CGWA Yes for abstraction of Ground Water
11. Sources of Water Supply Bore wells: 03 Numbers Water Meters: -installed Working status of Water meters: Operational Logbook maintained:- Yes
12. Consumption of Fresh 1730 Water (KLD)
13. Wastewater Stream Industrial effluent: Spent wash, spent lees, from production process, fermenter washing, process condensate, floor washing and cooling tower blow down, boiler blow down.
Domestic: Sewage.
14. Method of Treatment, For Industrial effluents to concentration and achieve ZLD:
Utilization of i. Spent wash Management:
Wastewater Bio-digesters, Clarifiers, Dissolved Air Floatation (DAF), Reverse Osmosis (RO), Multi Effective Evaporator (BMSW) (evaporation) followed by Bio-composting. To treat IMEE condensate, spent lees RO-reject, cooling tower blow down the unit has installed Condensate Polishing Unit (CPU).
ii. For Domestic waste water: Sewage Treatment Plant (STP) exist before discharge in to local drain.
15. Mass flow meters at inlet Installed and found and outlet of IMEE and operational BMSW (Evaporator)
16. Online monitoring Installed and found connected operational
4. Observations
1. On the day of inspection, the unit was found operational. The unit is engaged in the production of alcohol using molasses and grain as raw materials in two processing units in the same premises.
2. On the day of inspection, the unit was operating at production capacity of 130 KLD using molasses as raw material.
3. The unit has separate consent to operate under Water Act, 1974 and Air Act, 1981 for molasses based distillery unit as well O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-15-as for grain based distillery unit, for production capacity of 200 KLPD and 100 KLPD respectively, which are valid upto 31.12.2023. CTO under Water Act, 1974 for molasses based and grain based distillery unit are placed at Annexure-1& II and CTO under Air Act, 1981 for molasses based and grain based distillery unit are placed at Annexure-III & IV.
4. For the management of spent wash and to achieve ZLD, the unit has 3 stage integrated multiple effect evaporator (IMEE), Bio- Digesters, Lamella clarifiers, Clariflocculators, dissolved air floatation, (DAF) followed by RO and 6 stage Multi Effect Evaporator (BMSW).
5. The unit is having three bore wells to meet the fresh water requirement of production and domestic consumption. The unit has installed flow meters at each bore well. As per the log book data submitted by the unit, the average fresh water consumption from April-2022 to June-2022 is 1827.9 m3/day, 1736.54 m3/day, and 1730 m3/day respectively Table 1: Month wise fresh water consumption data Borewell Month Total Fresh Average fresh No. water water water Consumption Consumption (KL) (KL) (m3/day) Borewel-1 April, 2022 28144 938.1 Borewell-2 April, 2022 0 0 Borewell-3 April, 2022 26694 889.8 Total fresh water 54838 consumption in month of April, 2022 (KL) Average fresh water 1827.9 KLD consumption per day Borewel-1 May,2022 22189 715 Borewell-2 May,2022 0 0 Borewell-3 May,2022 31644 1020.77 Total fresh water Consumption in month of 53833 May, 2022 (KL) Average fresh water 1736.54 KLD consumption per day Borewel-1 June,2022 17893 596 Borewell-2 June,2022 0 0 Borewell-3 June,2022 34012 1133.7 Total fresh water 51905 consumption in month of June, 2022 (KL) Average fresh water 1730 consumption per day
6. As per the logbook data submitted by the unit, month wise total alcohol production, and spent wash generation per KL of alcohol production is as below:
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-16-
Table 2: Month wise Spent Wash generation, alcohol production and Spent Wash generation per KL of alcohol production Month Total spent Total Spent Alcohol Sp. Spent wash Wash Producti wash generation at Generation on (in generatio the bottom of (Kl/month) KL) n (KL/KL analyser Sp.Gr. 1.06) per KL of column alcohol (MT/Month) productio
n) April-2022 47999 50878.94 4196.24 12.1 2 May-2022 46346 49126.76 4173.34 11.7 7 June-2022 45585 48320.1 3923.02 12.32
7. The unit has installed mass flow meter with totalizer at the inlet and outlet of IMEE as well as on BMSW evaporator. As per the log book data of MEE provided by the unit for the month from April, May and June 2022, total spent wash feed to MEE, total condensate generated and total concentrate generated are given below;
Month Total Condens Total Feed BMSW BMSWE Overal
spent ate concentr to Evapo vaporat l%
wash generati ated BMS rator or Reduc
genera on from spent W (Conce (Conden tion
tion at IMEE wash Evap ntrate sate) 8=2-
the (MT/Mon generati orat ) MT/Mon 6*100
bottom th) on from or MT/M th /2
of IMEE
o (MT/ onth
analys (MT/
n Mont
er Month)
d h)
column e
(MT/Mo n
nth) s
a
t
e
g
e
n
e
1 2 3 4 5 6 7 8
April- 47999.0 17279 30720.0 16005 11411 4595 76.2
2022
May 46346 16681 29665.0 15348 10947 4401 76.37
2022-
June- 45585 16257.0 29328.0 15164 10892 4273 76.10
2022
8. For storage of concentrated spent wash the unit has 02 lagoons of total capacity 25000m³.
Table 3: status of Lagoons
S. Location No. of Lagoon Capacity (m3) Spent
No. wash
present
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-17-
(m3)
1 Hitachi site 01 3500 1690
2 Ajetpur 01 21500 8625
site
Total Lagoon Capacity 25000 m3
5. Details of Boilers:
As per the consent issued under section 21/22 of the Air (Prevention and control of Pollution) Act, 1981 (as amended) to M/s. Radico Khaitan Ltd., for Molasses Spirit Plant, the unit is having two boilers of capacity 30 TPH and 26 TPH having a consent validity for the period from 31.05.2019 to 31.12.2023. Both the boilers were found operational on the day of inspection.
Details of the boilers are as follows;
S. No. Air Capacity Type of fuel Stack Stack Air
Pollution No. Height Pollution
Source Control
Device
1. Boiler-1 26 TPH Bio-gas Stack stack Bio Gas
No.-1 height Fired
of 45
meter
from
ground
level
2. Boiler-II 30 TPH Rice husk Stack Dust ESP
and Bio gas No.-2 collector installed
(Combination as APCS
or only rice and stack
husk) height of
30 meter
from
ground
level
Table 4: Details of Boilers I & II for the month of April, May & June 2022 S. Boiler Net Power Type of Quantity Ash gen Ash used No. steam Gen. fuel of fuel (MT) in gen. (KW) (MT) low (MT) landfills (MT) April, 2022 1 Boiler-1 11821 607330 Bio-gas 1923590 0 0 (nm3) 2 Boiler-II 15884 17645 Rice 4395 703 703 husk May, 2022 1 Boiler-1 12420 650010 Bio-gas 2048680 0 0 2 Boiler-II 15229 17368 Rice 4360 741 741 husk June, 2022 1 Boiler-1 12437 655580 Bio-gas 2048640 2048640 0 2 Boiler-II 0 0 4502 0 720 O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-18-The unit has submitted the copies of certificates dated 22.10.2021 and 22.04.2022 issued by Uttar Pradesh Boiler Inspection Department. As per the certificates, the unit is allowed to work the 30 TPH boiler under provision of section 8 of the Boiler Act (V of 1923) at the maximum working pressure of 51 kg/cm2 from 22.10.2021 to 21.10.2022 and 26 TPH boiler at the maximum working pressure of 27 kg/cm2 from 22.04.2022 to 20.04.2023. Copies of the certificate are attached at Annexure-V. On the day of inspection boiler of 30 TPH was working at a pressure of 44kg/cm2 & 26 TPH was working at a pressure of 21 kg/cm2.
Ambient air monitoring and stack emission monitoring was carried out by official from Regional office, UPPCB, Moradabad. Ambient air quality was monitored at 3 locations around the unit. The ambient air quality monitoring results are given below;
Table 5: Ambient air quality monitoring results Sr. Location Std. for NOx Std. for SO2 Std. for Particulate No. NOx Result SO2 Result Particulate Matter (µg/m3) (µg/m3) (µg/m3) (µg/m3) Matter PM PM10 10 (Less (µg/m3 than 10Micron) 1 Near 19.00 10.00 (µg/m3) 60.34 Molasses Plant, Radico Khaitan, Rampur 2 Near Grain 17.00 9.00 90.64 80 80 100 plant, Radico Khaitan Rampur 3 Roof of Guest 15.50 8.50 66.30 house of Radico Khaitan, Rampur As per the analysis result of ambient air quality monitoring near molasses plant, Rampur, concentration of NOx, SO2 and PM10 found to be 19.00 µg/m3, 10.00 µg/m3 and 60.34 µg/m3 respectively against notified national ambient air quality standard limit of 80 µg/m3, 80 µg/m3 and 100 µg/m3 as notified vide Gazette dated 18.11.2009 under Air (Prevention and Control of Pollution) Act, 1981.
As per the analysis result of ambient air quality monitoring near grain plant, Rampur, concentration of NOx, SO2 and PM10 found to be 17.00 µg/m3, 9.00 µg/m3 and 90.64 µg/m3 respectively against the notified standard limit of 80 µg/ m3, 80 µg/m3 and 100 µg/ m3 as notified vide Gazette dated 18.11.2009 under Air (Prevention and Control of Pollution) Act, 1981.
As per the analysis result of ambient air quality monitoring at the roof of guest house, Rampur, concentration of NOx, SO2, and PM10 found to be 15.50 µg/m3, 8.50 µg/m3 and 66.30 µg/m3 respectively against notified standard limit of 80 µg/ m3, 80 µg/ m3 O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-19-and 100 µg/ m3 as notified vide Gazette dated 18.11.2009 under Air (Prevention and Control of Pollution) Act, 1981.
Table 6: Stack air quality monitoring results Sr. Name of the Plant/ PM Standards No. Stack Identification Result (mg/Nm3) 1 Boiler Stack at distillery 83.64 150.0 unit (30 TPH) 2 Boiler Stack at distillery 11.94 150.0 unit (26 TPH) The ambient and stack emission monitoring results are within the prescribed limits.
As per the CPCB, Online Continuous Emission Monitoring System (OCEMS) report of Stack-1 and Stack-2, PM (mg/Nm3) for the period from 12, June to 12 July, 2022 are within the prescribed limits. Copy enclosed at Annexure-XIII.
6. Green belt Area The unit has developed green belt inside the unit premises, outside the unit's main gate, in the ETP area, outside the boundary wall of industry premises and in the Atal Park which is located outside the industrial premises. The unit has also developed green belt at Hitachi bio-compost site and Ajeetpur bio-compost site. At Hitachi bio-compost site, the unit is following Miyawaki technique for trees plantation.
The unit has provided the details of green belt area developed by them. The description of area along with the green belt developed is listed below;
Table 7: Details of green belt area
Sr. Description of Area Length Width Area (sq.
No. (M) (M) M)
1. Atal Park to new Roadways (Left side) 1400 3 4200
2. Atal Park to new Roadways (Left side) 1400 3 4200
Total in Sq. Mtr 8400
Total in (Acre) 2.10
Green belt attached to premises
3. Atal Park to GSP (Left side towards 950 6 5700
4. plant)of GSP plant towards Nainital
End 1100 3.5 3850
5. RoadPark to Nainital road (Right side) 2000 Atal 4 8000 Total in Sq. Mtr 17550 Total in (Acre) 4.39 Green belt inside the premises
6. Main gate to security office 240 4 960
7. Admin Block 50 6 300
8. Colony area (Officers) 225 25 5625
9. Colony area (Officers) 125 25 3125
10. RKTS Lawn 95 45 4275
11. MRP Area 785 5 3925
12. GSP Main Road from RDL (Left side) 180 3 540
13. GSP Main Road from RDL (Left side) 84 3 252
14. GSM (Near CO2) 35 3 105
15. Printing (Side 1) 60 2 120
16. Printing (Front) 30 3 90 O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-20-17. Dense Foresting & Plantation Area at 312.09 25 7802 KF Total in Sq. Mtr 27119 Total in (Acre) 6.78 Grand Total Green Belt (Sq. Mtr) 53069 Grand Total Green Belt (Acre) 13.27 The unit representative informed that the unit has total industrial area of around 39 acres, in which grain based plant, molasses and bottling plant has been commissioned. The unit has developed green belt inside the premises in 6.78 acre of land, which is approximately 17.38% of total land area, however due to lack of space inside the premises, in addition to the above, the unit has also developed green belt outside the industrial premises in approximately 6.49 acres. As per the documents, the unit has total green belt area of 13.2 Acres. Drawing of the green belt area is attached at Annexure-VI.
7. Bio-compost details:
- The unit has bio-compost yards located at two different places i.e., Ajeetpur site and Hitachi site. The unit has total 60 acres of bio-compost area, out of 60 acres, 25 acres of area is covered and remaining 35 acres of area is open/uncovered.
- Out of 35 acres uncovered bio-compost area; 05 acres is available for storage of ready bio-compost, other 05 acres is for storage of press mud and remaining 25 acres is available for bio- composting.
- The unit is having 05 numbers aero tiller machines for spraying of concentrated spent wash, mixing and turning of bio-compost material.
- The unit has 4 piezometric wells and one hand pump in the bio- compost yard area of Hitachi site and 6 piezometric wells and one hand pump in Ajeetpur site.
- The unit has installed 02 PTZ web cameras at each bio-compost yards.
- Rain water harvesting system was provided in both the bio- compost yard site at Hitachi site and Ajeetpur site.
- Details of press mud procured, press mud consumed, Conc. spent wash to press mud ratio, bio-compost procured and bio compost sold for the month from Jan, 2022 to June, 2022 are given below;
Months IMEE Outlet Press Press Conc. Spent Conc. Bio- Bio-
for mud Mud wash spent compost compost
bio- cake Consumption consumption wash Producedsold
composting procured (MT/ in to (MT/Mo
(MT/ (MT/ Month) Bio- press nth)
Month) Month) composting mud
(MT/Month) ratio
Jan,
11112 13221 7000 11027 1.57 3300 1470
2022
Feb,
10441 12545 6550 10448 1.6 2800 2613
2022
March,
11469 15416 7200 11482 1.59 3500 11263
2022
April,
11411 6189 7200 11458 1.59 3500 6653
2022
May, 10947 619 7000 10971 1.56 3200 3423
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-21-
2022
June,
10892 0 6850 10889 1.58 3150 4161
2022
8. Ground Water Samples
For assessment of Ground water contamination at bio-compost sites, joint committee of officials has collected ground water samples from Hand pump & piezometric wells located at Ajetpur and Hitachi bio-compost yard. The analysis results of ground water samples are given below.
Table 8: Characteristics of Ground water samples S.no. locations pH COD, Colour, TDS, TS, (mg/l) (Hazen) (mg/l) (mg/l) BIS IS 10500:2012 6.5-8. - 15 - 2000 (Permissible limit in absence of alternative source)
1. Guest house, Ground water 7.6 BDL BDL 405 417
2. Piezometer no.1, Ajetpur 7.8 8 06 581 660 bio-compost yard
3. Piezometer no.2, Ajetpur 7.4 8 BDL 593 678 bio-compost yard
4. Piezometer no.3, Ajetpur, 7.9 6 BDL 428 533 bio-compost yard
5. Piezometer no.4, Ajetpur 7.5 BDL BDL 576 601 bio-compost yard
6. Piezometer no.5, Ajetpur 8.0 BDL BDL P5ZA5 480 bio-compost yard
7. Piezometer no.6, Ajetpur, 7.7 7 BDL 428 475 bio-compost yard
8. Hand pump, Ajetpur site 7.3 7 BDL 602 694
9. Groundwater, from Hitachi 7.9 BDL BDL 246 253 hand pump
10. Piezometer no.1, Hitachi 7.5 8 BDL 458 463 bio-compost yard
11. Piezometer no.2, Hitachi, 7.7 11 06 507 519 Bio-compost yard
12. Piezometer no.3, Hitachi, 7.6 13 BDL 412 414 bio-compost yard
13. Piezometer no.4, Hitachi 7.8 48 BDL 222 272 bio-compost yard O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-22-
Table 9: Heavy metals analysis results Parameters Hand-pump of Hand-pump, Piezo-metric BIS IS Hitachi Bio- Ajeetpur well-2, 10500:2012 compost Yard yard Ajeetpur yard (Permissible limit in absence of alternative source) As (mg/l) BDL BDL BDL 0.05 Cd (mg/l) BDL BDL BDL 0.003 Co (mg/l) BDL BDL BDL -
Cr (mg/l) BDL BDL BDL 0.05
Cu (mg/l) BDL BDL BDL 1.5
Fe (mg/l) 0.08 0.32 1.98 0.3
Mn (mg/l) BDL 0.06 0.34 0.3
Ni (mg/l) BDL BDL BDL 0.02
Pb (mg/l) BDL BDL BDL 0.01
Sb (mg/l) BDL BDL BDL -
Se (mg/l) BDL BDL BDL 0.01
V (mg/l) BDL BDL BDL -
Zn (mg/l) 0.02 0.06 0.01 15
9. Characteristics of samples collected from CPU:
For the treatment of process condensate generated from IMEE, RO reject, spent lees and other low strength effluent, the unit has installed a common Condensate Polishing Unit (CPU) of 2,000m3 capacity (Pic-18 & 19). The Condensate Polishing Unit consists of Equalization tank, Buffering tank, Anaerobic digestion, Aerobic digestion, clarification, MGF, ACF followed by UV treatment. Mechanical press is installed for sludge dewatering. The unit has installed flow meters at the inlet and outlet of CPU. As per the logbook data submitted by the unit, month wise effluent feed to CPU and treated through CPU water are as below:
Month Total CPU feed CPU treated water (KL) (KL) April, 2022 49708 47720 May, 2022 49814 47821 June, 2022 48540 46599 The permeate generated from RO-3 (RO-1 permeate+RO-2 permeate), condensate from IMEE, Condensate from BMSW (molasses unit), condensate from MEE (grain based), cooling tower blow down and Spent lees generated from molasses and grain based units are feed to Condensate Polishing Unit (CPU) for further treatment.
Flow meter readings at the inlet & outlet of CPU:
At inlet of CPU: totalized reading was 766524 m3 flow rate of 50.94 m3/h At outlet of CPU: totalized reading was 403987 m3 flow rate of 40.55m3/h Table 10: Analysis results of samples collected from CPU Sr. No Sample pH COD (mg/l) BOD TSS TDS Location (mg/l) (mg/l) 1 CPU inlet 8.9 4090 2290 39 411 2 CPU outlet 7.7 32 06 14 344 O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-23-
The treated effluent from CPU outlet is being recycled into cooling tower and for molasses dilution.
9. Sewage Treatment and disposal
1. The unit has installed a Sewage Treatment Plant (STP) of capacity 120 KLD for treatment of sewage generated from the resident inside the factory premises. The STP was found operational during inspection.
2. The sewage treatment scheme consists of holding tank-cum- pump sump, Biological treatment (activated sludge process), settling tank, holding tank for feed into pressure sand filter (PSF) and activated carbon filter (ACF).
3. The treated sewage is disposed though an open drain across the road, to reach up to Rampur drain.
4. Samples were collected from the holding tank (inlet) and treated sewage/ from final discharge (outlet) into the drain.
10. Characteristics of waste water samples collected from Sewage Treatment Plant:
Table 11: Analysis results of samples collected from STP Sr. Sample pH COD BOD TS TSS CL- (NO3- No. Location (mg/l) (mg/l) (mg/l) (mg/l) N)
1. STP Inlet 7.2 20 03 552 11 27 8.47 2. STP Outlet 7.1 06 01 536 BDL 79 0.82 <10
3. STP inlet Total Coliforms 17X105 MPN/100m1 (TC/FC) Fecal Coliforms 70X104 MPN/100m1
4. STP outlet Total Coliforms -- < 1.8 MPN/100m1 (TC/FC) Fecal Coliforms --< 1.8 MPN/100m1 Heavy metals Parameters As Cd Co Cr Cu Fe Mn Ni Pb Sb Se V Zn (mg/l (mg/l (mg/l (mg/l (mg/l (mg/l (mg/l (mg/l (mg/l (mg/l (mg/l (mg/l (mg/l STP Inlet BDL BDL BDL BDL BDL 0.28 0.18 BDL BDL BDL BDL BDL 0.02 STP BDL BDL BDL BDL BDL 0.50 0.12 BDL BDL BDL BDL BDL 0.03 Outlet Though the analysis results of sample collected from STP outlet were found meeting the norms but the inlet (holding tank) samples not reflects characteristics of sewage.
11. Characteristics of waste water samples collected from drain along the road to Ajeetpur bio-compost site and outside near the main gate Table 12: Analysis results of drain S. Sample pH COD BOD TS TSS No. Description (mg/1) (mg/I) 1. Drain 6.9 224 49 568 25 outside main gate of the industry 2. Drain, 7.0 41 14 256 16 upstream of Ajetpur bio-
compost O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-24-yard
3. Drain, 6.9 64 17 400 26 downstream of Ajetpur bio- compost yard It was observed that the waste water sample collected from the drain upstream of Ajetpur site shows Total solids- 256 mg/l, COD- 41 mg/l, BOD- 14 mg/l and TSS- 16 mg/l, whereas the sample collected from drain downstream of Ajeetpur site has Total solids- 400 mg/l, COD-64mg/l, BOD-17mg/l and TSS-26 mg/l.
From the analysis results of drain samples, no significant impact of industrial effluent discharge could be perceived.
12. Details of ENA storage tanks available in the unit:
The joint team has visited the site where the accident of fire occurred and it was observed that 02 ENA storage tanks which caught fire were of capacity 405400 BL and 406600 BL, the same are now repaired. At the time of visit tanks were found empty. The unit has submitted the details of ENA storage tanks present in the industrial premises duly verified by Assistant Excise Commissioner, Rampur, U.P. As per the document submitted, the unit has total 75 nos. of ENA storage tanks with a total capacity of 9467180.4 BL. Details of the ENA tanks verified by Excise department is attached at Annexure-VII. The details of the ENA storage tanks along with their capacity and locations are as under;
X X X X
13. About the fire incident occurred on 06.03.2021
13.1 General Diary Details;
The unit has submitted the copy of General Diary Details reported to local police authority in Civil Thana Rampur on 6.03.2021 at 23:42 hrs. As per the report, the fire incident took place on 06.03.2021 at around 8:15 am in which the two alcohol tanks inside the unit premises started burning all of a sudden. No casualty was reported. The injured persons were admitted in hospital. Copy of the report is attached at Annexure-VIII.
13.2 Report from Chief Fire Officer, Rampur; The unit has submitted the copy of fire report of U.P. fire services signed by Chief Fire Officer, Rampur. As per their report, no casualty reported, however total 09 people got injured in the fire incident, which were immediately send to the hospital for First Aid. Copy of the report is attached at Annexure-IX 13.3 Preparedness and preventive measures by the unit:
At the time of visit the committee observed that the unit has kept sand buckets at all crucial locations inside the industrial premises. Also to avoid the fire incident by short circuiting, provision for earthing around the ENA storage tanks where fire incident happened was observed.
Report from Fire Officer: The unit M/s Radico Khaitan Ltd., Rampur has provided copy of inspection report of fire officer dated 24.11.2020. The officer has investigated the firefighting O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-25-
system installed inside the unit. As per the report the unit is having fire safety NOC valid till 28.05.2021. The copy of the inspection report is attached at Annexure-X The unit has submitted the copy of renewal of fire & safety certificates, having validity up to 13.09.2021 to 12.09.2024.
Preliminary fire incident investigation report by third party: The unit has submitted the copy of preliminary fire incident investigation report prepared by Promax. As per the report on 07 & 8 th March, 2021 the team surveyed/ inspected the incident site and the Extra Neutral Alcohol (ENA) storage tank no IV 20 & IV 21 which caught fire. As per their report the unit is having adequate and sufficient resources and infrastructure to handle such incidents. The unit is having 04 fire hydrant system near cooling tower, 03 fire water reservoir, 08 ABC type fire Extinguisher (4 Kg capacity), 02 ABC type Fire Extinguisher (5Kg capacity), 146 ABC type Fire Extinguisher (6 Kg capacity), 16 DCP type Fire Extinguisher (10 Kg capacity), 16 DCP type Fire Extinguisher (10 Kg capacity), 05 CO2 type Fire Extinguisher (4.5 Kg capacity), 56 CO2 type Fire Extinguisher (6.8 Kg capacity), 20 CO2 type Fire Extinguisher (9 Kg capacity), 6 CO2 type Fire Extinguisher (22.5 Kg capacity), 32 Mechanical foam Fire Extinguisher of capacity 9 ltrs and 01 Mechanical foam Fire Extinguisher of capacity 50 ltrs.
13.4 The committee sought the details of on-site emergency plan and mock fire drills from the unit. The unit has submitted the mock drill reports being carried out during recent past. As per the reports 02 mock drills were conducted in the month of Jan 2021 & June 2022. The detailed mock fire drill reports are annexed at Annexure-XI (a) & XI (b).
Fire management safety audit report: The unit has submitted the copy of fire management safety audit report prepared by Promax Global dated 09 Nov, 2020, wherein third party reviewed all aspects of the Organization's Fire Safety management system and supportive arrangements against the available standard audit specifications.
On site emergency plan: The unit is having onsite emergency plan prepared and approved on 7/7/2022. The unit provided the copy of onsite emergency plan for the year 2021 & 2022. The unit has dedicated safety Department. The organizational chart consists of the following;
□ Director-Operations □ Executive Vice President-Manufacturing operations □ GM-HR&IR □ Safety manager □ Sr. safety Officers.
□ 04 Fireman supervisor and 03 DCPO (Driver cum fire man)
14. Point wise status by joint committee w.r.t NGT order dated 29.04.2022 Point wise compliance status of the unit w.r.t the NGT order dated 29.04.2022 is mentioned below in Table-14 O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-26-Table no 14: Compliance status of the unit w.r.t NGT order dated 29.04.2022 S.no. Points of NGT Status as observed on 12.07.2022 by joint order dated committee 29.04.2022 1 It is stated that The unit representative has informed that Radico Khaitan the unit was established in the year 1943 Ltd., Rampur, and in the same year the unit has is being run in commenced its operations.
residential The unit has submitted the copy of lease area in deed according to which, the lease deed violation of was made on 28 Feb, 2005 between U.P environmental State Industrial Development Corporation norms, rules Ltd., and M/s Radico Khaitan unit and Rampur Distillery for 90 years on an regulations. average annual rent of Rs. 29676.35 with a premium of Rs. 48494620/-
As per the lease deed, the unit is situated in Industrial Area Rampur, plot no. A-1 with a described area of 52370.0m² for manufacturing and installation of additional plant & machinery to existing distillation unit, according to the design and building plan approved by Lessor and proper municipal or other competent authority. Copy of the lease deed is annexed as (Annexure-XII).
The Joint inspection committee observed that;
1. Toward the east of the unit, a fertilizer plant is situated which is approx. 100 mtrs away from the unit.
2. Towards the south and west of the unit, no authorised colony was observed. Green belt, godown and empty space were observed. Industry is located 10 mtrs south from national highway, NH24.
3 In the North Direction- Open land was observed which is 10 mtrs away from the unit.
2 The said As per the consent issued under section industrial 21/22 of the Air (Prevention and control of establishment Pollution) Act, 1981 (as amended) to M/s. is releasing Radico Khaitan Ltd., the unit is having 02 toxic gasses 5 numbers of boilers of 26TPH and 30TPH. or 6 times The boiler of 26 TPH uses bio-gas as a every month in fuel and boiler of capacity 30 TPH uses the early hours rice husk as a fuel. The unit has installed which cause air pollution control device (APCD) at 30 respiratory TPH boiler, however there is no problems to the requirement of APCD on 26 TPH boiler as inhabitants of it is operating on clean fuel (bio-gas). The the locality. unit has submitted the copies of boilers fitness certificates issued by Uttar Pradesh Boiler Inspection Department, as per the certificates, the unit is allowed to work the 30 TPH boiler under provision of section 8 of the Boiler Act (V of 1923) at the maximum working pressure of 51 kg/cm² from 22.10.2021 to 21.10.2022 and 26 TPH boiler at the maximum O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-27-working pressure of 27 kg/cm² from 22.04.2022 to 20.04.2023.
To assess the air quality of the unit, the team of officials from Regional Office (RO), UPPCB, Moradabad carried out stack emission monitoring and ambient air monitoring.
As per the stack monitoring report from RO-Moradabad, UPPCB, value PM shows 83.64 mg/Nm³ and 11.94mg/Nm³ against standard limit of 150mg/Nm³.S As per the analysis result of ambient air quality monitoring near molasses plant, Rampur, concentration of NOX, SO2 and PM10 found to be 19.00 µg/m3, 10.00 µg/m³ and 60.34 µg/m3 respectively against notified national ambient air quality standard limit of 80 µg/m³, 80 µg/m³ and 100 µg/m³ as notified vide Gazette dated 18.11.2009 under Air (Prevention and Control of Pollution) Act, 1981.
As per the analysis result of ambient air quality monitoring near grain plant, Rampur, concentration of NOX, SO2 and PM10 found to be 17.00 µg/m3, 9.00 µg/m³ and 90.64 µg/m³ respectively against the notified standard limit of 80 µg/m3, 80 µg/m³ and 100 µg/m³ as notified vide Gazette dated 18.11.2009 under Air (Prevention and Control of Pollution) Act, 1981.
As per the analysis result of ambient air quality monitoring at the roof of guest house, Rampur, concentration of NOX, SO2 and PM10 found to be 15.50 µg/m³, 8.50 µg/m³ and 66.30 µg/m³ respectively against notified standard limit of 80 µg/m³, 80 µg/m³ and 100 µg/m³ as notified vide Gazette dated 18.11.2009 under Air (Prevention and Control of Pollution) Act, 1981.
As per analysis results of stack & ambient air monitoring carried out on 12.07.2022 by UPPCB during joint committee, inspection, the unit was complying with the prescribed norms.
As per the CPCB, OCEMS report of Stack-1 and Stack-2, PM (mg/Nm³) for the period from 12. June to 12 July, 2022 are within the prescribed limits. Copy enclosed at Annexure-XIII.
The above said As per the consent under section 21/22 of industrial the Air (Prevention and control of Pollution) establishment Act, 1981 (as amended) point no. 12 "Unit has also not shall develop Green Belt in minimum 33 unit not percent area of Industrial Premises as per developed a the provisions laid down in office order no. requisite green H16405/220/2018/02 dated 16-02-2018 belt. of U.P. Pollution Control Board."
The unit representative informed that the unit has total industrial area of around 39 O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-28-acres, in which grain based plant, molasses and bottling plant has been commissioned.
The unit has developed green belt inside the premises in 6. 78 acre ofland, which is approximately 17.38% oftotal land area, however due to lack of space inside the premises, in addition to the above, the unit has also developed green belt outside the industrial premises in approximately 6.49 acres.
As per the documents, the unit has total green belt area of 13.2 Acres. Drawing of depicting locations the green belt area is attached at Annexure-VI.
The boiler, The unit's representative has claimed which is about not having any defunct boiler in the claimed to be industrial premises.
defunct, is As per the consent to operate issued by used which UPPCB under section 21/22 of the Air spread fly ash (Prevention and control of Pollution) Act, is the 1981 (as amended) to M/s. Radico surrounding Khaitan Ltd., for Molasses Spirit Plant and area and grain plant, the unit is having a consent causing air validity for the period from 31.05.2019 to pollution. 31.12.2023.
As per the consent to operate (CTO), issued by UPPCB, the unit has two boilers of 30TPH and 26TPH capacity and the same were observed by the joint team.
Stack and ambient air monitoring were also carried out. Analysis results are mentioned in table no. 5 and 6.
The unit has The fire incident occurred on 06.03.2021 one alcohol at around 8:15 am in which the two tank of the alcohol tanks namely IAV-20 and IAV-21 capacity of 2 of capacity 405400 BL and 406600 BL lacks litre caught fire. As per the details of ENA which was not storage tanks present in the industrial shown in the premises duly verified by Assistant, record Excise Commissioner, Rampur, U.P. these submitted to are listed at S. No. 31 and 32 of Table 12.
Excise Details of ENA storage tanks are attached
Department at Annexure-VII.
and on The joint team visited the site where the
08.03.2021, accident of fire occurred and the ENA
the alcohol storage tank which caught fire were found
tank caught empty. These same tanks are now
fire resulting in repaired.
burn injuries to
one labourer
and other
injuries to nine
labours
The committee The unit has submitted the copy of may also General Diary Details reported in Civil examine the Thana Rampur on 6.03.2021. As per the issues in report, the fire incident took place on relation to 06.03.2021 at around 8:15 am in which Manufacture, the two alcohol tanks inside the unit Storage and premises started burning all of a sudden. Import of No casualty was reported. The injured O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-29-Hazardous persons were admitted in hospital. Chemical The unit has submitted the copy of fire Rules, 1989 as report of U.P. fire services signed by Chief applicable Fire Officer, Rampur. As per their report, including off- no casualty reported, however total 09 site and on site people got injured in the fire incident, plans and which were immediately admitted to the remedial steps hospital for First Aid.
to avert the Mock drills report: The committee industrial sought the details of on-site emergency accidents. plan and mock fire drills from the unit.
The unit has submitted the mock drill reports being carried out during recent past. As per the reports 02 mock drills were conducted in the month of Jan 2021 & June 2022. The detailed mock fire drill reports are annexed at Annexure-XI (a) & XI (b).
Fire management safety audit report:
The unit has submitted the copy of fire management safety audit report prepared by Promax Global dated 09 Nov, 2020, Wherein third party reviewed all aspects of the Organization's Fire Safety management system and supportive arrangements against the available standard audit specifications.
On site emergency plan: The unit is having onsite emergency plan prepared and approved on 7/7/2022. The unit provided the copy of onsite emergency plan for the year 2021 & 2022.
The unit is having a safety Department.
Conclusion:
1. The unit is having valid Air and Water Consents issued by UPPCB for molasses based distillery unit as well as for grain based distillery unit. which are valid up to 31.12.2023.
2. As per the lease deed, the unit is situated in Industrial Area Rampur, plot no. A-1. The lease deed was made on 28 Feb, 2005 between U.P State Industrial Development Corporation Ltd., and M/s Radico Khaitan unit Rampur Distillery.
3. As per the consent issued under section 21/22 of the Air (Prevention and control of Pollution) Act, 1981 (as amended) to M/s. Radico Khaitan Ltd., for Molasses Spirit Plant, the unit is having two boilers of capacity 30 TPH and 26 TPH having a consent validity for the period from 31.05.2019 to 31.12.2023.
The unit has provided the copies of boilers fitness certificates issued by Uttar Pradesh Boiler Inspection Department
4. The unit has installed air pollution control device (APCD) at 30 TPH boiler however there is no requirement of APCD on 26 TPH boiler as it is operating on clean fuel (bio-gas), hence to assess the air quality of the unit, the team of officials from Regional Office (RO), UPPCB, Moradabad carried out stack emission monitoring and ambient air monitoring. Analysis results of ambient air quality monitoring and stack monitoring results were found within the prescribed norms.
5. Unit has developed green belt inside the premises in 6.78 acre of land, which is approximately 17.38% of total land area, however due to lack of space inside the premises, in addition to O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-30-this, the unit has also developed green belt outside the industrial premises in approximately 6.49 acres. The unit is having a total green belt area of 13.27 Acres.
6. The unit has provided the copies of onsite emergency plans for the year 2021 and 2022, mock drills reports for the year 2021 & 2022, and fire management safety audit report for the year 2021."
Orders passed by Hon'ble High Court of Delhi
6. Respondent no. 3-M/s. Radico Khaitan Ltd. filed W.P.(C) 13212/2022 titled M/s Radico Khaitan Ltd. Vs. Union of India and Others before Hon'ble High Court of Delhi. Vide order dated 12.09.2022 (copy at pages no. 114 to 116 of the paper book), Hon'ble High Court of Delhi stayed order dated 29.04.2022 passed by this Tribunal. The relevant part of order dated 12.09.2022 is reproduced as under:-
"CM APPL. 39979/2022 (for exemption) Exemption Allowed, subject to all just exceptions. The application shall stand disposed of.
W.P.(C) 13212/2022 & CM APPL. 39978/2022 (Stay) Notice. Since respondent Nos. 1 and 2 are duly represented, let counter affidavits be filed within a period of six weeks from today.
Learned counsel for the petitioner shall take steps for service upon respondent Nos. 3, 4 and 5 through all permissible modes including via approved courier service. Those respondents may also file their replies, if so chosen and advised.
Bearing in mind the fact that the identical issues are engaging the attention of the Court in W.P.(C) 10592/2022, let this petition be tagged and called along with the said petition.
Prima facie, the Court finds itself unable to sustain the order passed by the National Green Tribunal ["Tribunal"] which has yet again acting on an anonymous complaint proceeded to frame and issue peremptory directions for a Joint Committee being constituted and for the said Committee inspecting the premises of the petitioner unit and for a report thereafter being submitted.
The Court notes that the aforesaid order has been passed ex parte without the petitioner having been placed on advance notice of the complaint that was made and being afforded an opportunity to represent against the proposed directions which have ultimately come to be issued. It is in the aforesaid backdrop that learned senior counsel submits that the Tribunal has acted arbitrarily and in excess of the jurisdiction conferred upon it by Section 19 of the National Green O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-31-
Tribunal Act, 2010 ["the Act"]. Learned senior counsel further contended that the Tribunal has clearly not been conferred the power to pass interim orders, ex parte, in light of the provisions contained in Section 19(4)(i) of the Act. Additionally, the attention of the Court was invited to the earlier proceedings which ensued before the Tribunal and ultimately concluded in favour of the petitioner. Matter requires consideration.
Till the next date of listing, there shall be stay of the order dated 29 April 2022. This order however shall not be liable to be construed as a stay of further proceedings before the Tribunal.
List again on 07.12.2022."
7. Stay order dated 12.09.2022 was extended by Hon'ble High Court of Delhi vide order dated 07.12.2022 till 09.05.2023 with direction to Uttar Pradesh Pollution Control Board (UPPCB) to verify the genuineness of the said complaint, as also, the bona-fides of the complainant, and file a report in respect of the same, by the next date of hearing. The relevant part of the order is reproduced as under:-
"1. This hearing has been done through hybrid mode.
X X X X W.P.(C) 13212/2022 & CM APPL. 39978/2022
11. The present petition has been filed by the Petitioner - Radico Khaitan Limited challenging the impugned order dated 29th April, 2022 passed by the Principal Bench, National Green Tribunal, New Delhi in O.A. No.152/2022 titled Ghanshyam Singh Pasi v. State of Uttar Pradesh. By the impugned order, various directions have been issued by the NGT on the basis of an unsubstantiated Letter Complaint.
12. Notice was issued to the Respondent No.1 - Union of India and the Respondent No.2 - Central Pollution Control Board, vide last order dated 12th September, 2022.
13. Mr. Ravi Prakash, ld. CGSC may obtain a copy of the alleged Letter Complaint received by the NGT, on the basis of which directions have been passed, and place the same on record, within four weeks. Copy of the said complaint be also supplied to the ld. Counsels for the Petitioner, as also, ld. Counsel for the Central Pollution Control Board.
14. Let the Respondent No.2 - Central Pollution Control Board verify the genuineness of the said complaint, as also, the bona fides of the complainant, and file a report in respect of the same, by the next date of hearing.
15. List on 9th May, 2023.
16. Interim order granted on 12th September, 2022 shall continue"
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-32-8. Respondent no. 3-M/s. Radico Khaitan Ltd. filed application before Hon'ble High Court of Delhi for clarification of order dated 07.12.2022 which was dismissed by Hon'ble High Court of Delhi by order dated 12.04.2023. Thereafter, the above said case was adjourned by Hon'ble High Court of Delhi by order dated 09.05.2023 to 10.11.2023 and by order dated 10.11.2023 to 23.11.2023 and was disposed of by order dated 23.11.2023. The relevant part of order dated 23.11.2023 reads as under:-
"1. The learned senior counsel for the petitioner submits that the learned National Green Tribunal is considering the report filed by the Central Pollution Control Board, pursuant to the direction dated 07.12.2022 of this Court.
2. Without prejudice to the rights and contentions of the petitioner, he prays for leave to withdraw the present petition.
3. Accordingly, the present petition along with the pending applications is disposed of leaving the questions raised in the present petition open to be adjudicated in an appropriate proceedings and granting leave to the petitioner to raise all submissions before the learned National Green Tribunal."
Proceedings before the Tribunal
9. The matter came up for hearing before this Tribunal on 26.04.2023 on which date this Tribunal observed that further proceedings before this Tribunal have not been stayed by Hon'ble High Court of Delhi and this Tribunal directed CPCB to file copy of its report submitted in terms of order dated 07.12.2022 passed by Hon'ble High Court of Delhi and directed the Project Proponent to file its response in tabular format regarding compliance with EC/CTE/CTO conditions imposed for abatement of environmental pollution and treatment and discharge of effluents from its industrial unit in question. The relevant part of the order dated 26.04.2023 is reproduced as under:-
"6. We have gone through the above quoted orders and noticed the ground of challenge to order dated 29.04.2022 and find that further proceedings before this Tribunal have not been stayed by the Hon'ble High Court of Delhi by either of the orders dated 12.09.2022 and 07.12.2022. However, in O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-33-
view of order dated 12.09.2022 the report of the Joint Committee is not taken into consideration at this stage.
7. Vide order dated 07.12.2022, Hon'ble Delhi High Court directed the CPCB verify the genuineness of the said compliant, as also, the bona fides of the complainant, and file a report in respect of the same. The CPCB is directed to file copy of its report before this Tribunal.
8. O.A No. 324/2022 titled Shailesh Singh vs. State of U.P & Ors. was filed before this Tribunal against the Project Proponent earlier complaining about pollution of Kosi River by discharge of its industrial effluent. Vide order dated this 18.03.2021 this Tribunal directed that regular vigilance may be maintained by the concerned SPCBs and other statutory regulators and impact on water quality of river Kosi, Dhela, Bhela, Ramganga and finally on Ganga may be overseen by CPCB and NMCG. In view of these facts and circumstances, we consider to appropriate to direct the Project Proponent to file its response in tabular format regarding compliance with EC/CTE/CTO conditions imposed for abatement of environmental pollution and treatment and discharge of effluents from its industrial unit in question.
9. Report by CPCB and response by Project Proponent- M/s. Radico Khaitan Ltd. be filed within above mentioned period by email at [email protected] preferably in the form of searchable PDF/OCR supported PDF and not in the form of Image PDF."
CPCB Report dated 04.05.2023
10. In compliance of order dated 26.04.2023, copy of report dated 04.05.2023 (pages no. 117-312 of the paper book) was filed by CPCB vide email dated 21.07.2023. The relevant part of the report dated 04.05.2023 filed by CPCB vide email dated 21.07.2023 reads as under:-
"VERIFICATION REPORT IN COMPLIANCE TO HON'BLE HIGH COURT OF DELHI ORDER DATED 07.12.2022 IN THE MATTER OF RADICO KHAITAN LTD. Vs UNION OF INDIA & ORS. [W.P.(C) 13212/2022 & CM APPL. 39978/2022] Date of inspection: 17th April 2023 Submitted By CPCB, Delhi X X X X 3 Compliance status of the impugned order of Hon'ble NGT dated 29.04.2022 In compliance of Hon'ble NGT order dated 29.04.2022, inspection of M/s Radico Khaitan was carried out by Joint Committee comprising of officials from Central Pollution Control Board (CPCB), Uttar Pradesh Pollution Control Board (UPPCB) and District Administration, Rampur on 12.07.2022 for verification of the complaint. Joint committee report is attached at Annexure-III. Summary of the inspection report is reproduced as under:
Table no 1: Compliance status of the impugned order of Hon'ble NGT dated 29.04.2022 observed on 12.07.2022. O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-34-
S. Points of NGT order Status as observed on 12.07.2022 by No dated 29.04.2022 joint committee 1 It is stated that The unit representative has informed that Radico Khaitan the unit was established in the year 1943 Ltd., Rampur, is and in the same year the unit has being run in commenced its operations.
residential area in violation of The unit has submitted the copy of lease environmental deed according to which, the lease deed norms, rules and was made on 28 Feb, 2005 between U.P regulations State Industrial Development Corporation Ltd., and M/s Radico Khaitan unit Rampur Distillery for 90 years on an average annual rent of Rs. 29676.35 with a premium of Rs.
48494620/-
As per the lease deed, the unit is situated in Industrial Area Rampur, plot no. A-1 with a described area of 52370.0m² for manufacturing and installation of additional plant & machinery to existing distillation unit, according to the design and building plan approved by Lessor and proper municipal or other competent authority.
The Joint inspection committee observed that;
1. Toward the east of the unit, a fertilizer plant is situated which is approx. 100 mtrs away from the unit.
2. Towards the south and west of the unit, no authorised colony was observed. Green belt, godown and empty space were observed. Industry is located 10 mtrs south from national highway, NH24.
3. In the North Direction- Open land was observed which is 10 mtrs away from the unit.
2 The said industrial As per the consent issued under section establishment is 21/22 of the Air (Prevention and control of releasing toxic Pollution) Act, 1981 (as amended) to M/s. gasses 5 or 6 times Radico Khaitan Ltd., the unit is having 02 every month in the numbers of boilers of 26TPH and 30TPH. early hours which The boiler of 26 TPH uses bio-gas as a fuel cause respiratory and boiler of capacity 30 TPH uses rice husk problems to the as a fuel. The unit has installed air pollution inhabitants of the control device (APCD) at 30 TPH boiler, locality. however there is no requirement of APCD on 26 TPH boiler as it is operating on clean fuel (bio-gas). The unit has submitted the copies of boilers fitness certificates issued by Uttar Pradesh Boiler Inspection Department, as per the certificates, the unit is allowed to work the 30 TPH boiler under provision of section 8 of the Boiler Act (V of 1923) at the maximum working pressure of 51 kg/cm² from 22.10.2021 to 21.10.2022 and 26 TPH boiler at the maximum working pressure of 27 kg/cm² from 22.04.2022 to 20.04.2023.
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-35-To assess the air quality of the unit, the team of officials from Regional Office (RO), UPPCB, Moradabad carried out stack emission monitoring and ambient air monitoring.
As per the stack monitoring report from RO-
Moradabad, UPPCB, value PM shows 83.64 mg/Nm³and 11.94mg/Nm³ against standard limit of 150mg/Nm³.S As per the analysis result of ambient air quality monitoring near molasses plant, Rampur, concentration of NOx, SO2 and PM10 found to be 19.00 µg/m³, 10.00 µg/m³ and 60.34 µg/m³ respectively against notified national ambient air quality standard limit of 80 µg/m³, 80 µg/m³ and 100 µg/m³ as notified vide Gazette dated 18.11.2009 under Air (Prevention and Control of Pollution) Act, 1981.
As per the analysis result of ambient air quality monitoring near grain plant, Rampur, concentration of NOx, SO2 and PM10 found to be 17.00 µg/m3, 9.00 µg/m³ and 90.64 µg/m³ respectively against the notified standard limit of 80 µg/m3, 80 µg/m³ and 100 µg/m³ as notified vide Gazette dated 18.11.2009 under Air (Prevention and Control of Pollution) Act, 1981.
As per the analysis result of ambient air quality monitoring at the roof of guest house, Rampur, concentration of NOx, SO2 and PM10 found to be 15.50 µg/m³, 8.50 µg/m³ and 66.30 µg/m³ respectively against notified standard limit of 80 µg/m³, 80 µg/m³ and 100 µg/m³ as notified vide Gazette dated 18.11.2009 under Air (Prevention and Control of Pollution) Act, 1981.
As per analysis results of stack & ambient air monitoring carried out on 12.07.2022 by UPPCB during joint committee, inspection, the unit was complying with the prescribed norms. As per the CPCB, OCEMS report of Stack-1 and Stack-2, PM (mg/Nm³) for the period from 12, June to 12 July, 2022 are within the prescribed limits.
3 The above said As per the consent under section 21/22 of industrial the Air (Prevention and control of Pollution) establishment has Act, 1981 (as amended) point no. 12 "Unit also not developed shall develop Green Belt in minimum 33 a requisite green percent area of Industrial Premises as per belt. the provisions laid down in office order no.
H16405/220/ 2018/02 dated 16-02-2018 of U.P. Pollution Control Board."
The unit representative informed that the unit has total industrial area of around 39 O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-36-acres, in which grain based plant, molasses and bottling plant has been commissioned.
The unit has developed green belt inside the premises in 6.78 acre of land, which is approximately 17.38% of total land area, however due to lack of space inside the premises, in addition to the above, the unit has also developed green belt outside the industrial premises in approximately 6.49 acres.
As per the documents, the unit has total green belt area of 13.2 Acres.
4 The boiler, which is The unit's representative has claimed about
claimed to be not having any defunct boiler in the
defunct, is used industrial premises.
which spread fly As per the consent to operate issued by
ash is the UPPCB under section 21/22 of the Air
surrounding area (Prevention and control of Pollution) Act,
and causing air 1981 (as amended) to M/s. Radico Khaitan
pollution. Ltd., for Molasses Spirit Plant and grain
plant, the unit is having a consent validity for the period from 31.05.2019 to 31.12.2023.
As per the consent to operate (CTO), issued by UPPCB, the unit has two boilers of 30TPH and 26TPH capacity and the same were observed by the joint team. Stack and ambient air monitoring were also carried out. Analysis results are mentioned in table no. 5 and 6.
5 The unit has one The fire incident occurred on 06.03.2021 at alcohol tank of the around 8:15 am in which the two alcohol capacity of 2 lacks tanks namely IAV-20 and IAV-21 of capacity litre which was not 405400 BL and 406600 BL caught fire. As shown in the record per the details of ENA storage tanks present submitted to Excise in the industrial premises duly verified by Department and on Assistant, Excise Commissioner, Rampur, 08.03.2021, the U.P. these are listed at S. No. 31 and 32 of alcohol tank Table 12.
caught fire The joint team visited the site where the resulting in burn accident of fire occurred and the ENA injuries to one storage tank which caught fire were found labourer and other empty. These same tanks are now repaired.
injuries to nine
labours
6 The committee may The unit has submitted the copy of General
also examine the Diary Details reported in Civil Thana
issues in relation to Rampur on 6.03.2021. As per the report, the Manufacture, fire incident took place on 06.03.2021 at Storage and Import around 8:15 am in which the two alcohol of Hazardous tanks inside the unit premises started Chemical Rules, burning all of a sudden. No casualty was 1989 as applicable reported. The injured persons were admitted including off-site in hospital.
and on site plans The unit has submitted the copy of fire and remedial steps report of U.P. fire services signed by Chief to avert the Fire Officer, Rampur. As per their report, no industrial casualty reported, however total 09 people accidents. got injured in the fire incident, which were immediately admitted to the hospital for First Aid.
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-37-Mock drills report: The committee sought the details of on-site emergency plan and mock fire drills from the unit. The unit has submitted the mock drill reports being carried out during recent past. As per the reports 02 mock drills were conducted in the month of Jan 2021 & June 2022.
Fire management safety audit report:
The unit has submitted the copy of fire management safety audit report prepared by Promax Global dated 09 Nov, 2020, Wherein third party reviewed all aspects of the Organization's Fire Safety management system and supportive arrangements against the available standard audit specifications.
Onsite emergency plan: The unit is having onsite emergency plan prepared and approved on 7/7/2022. The unit provided the copy of onsite emergency plan for the year 2021 & 2022.
The unit is having a safety Department.
4. Compliance Report of Hon'ble High Court of Delhi order dated 07.12.2022 in W.P.(C) 13212/2022 & CM Appl.
30644/2022 in the matter of Radico Khaitan Ltd. Vs Union of India & Ors.
4.1 Verification of Bonafide of the Complainant In compliance of the Hon'ble High Court of Delhi order dated 07.12.2022, in the matter of Radico Khaitan Ltd. Vs Union of India & Ors. [W.P.(C) 13212/2022 & CM APPL 39978/2022], to verify the genuineness of the complaint mentioned in the impugned order of Hon'ble National Green tribunal (NGT) dated 29.04.2022 in OA No. 152/2022, team of officials from CPCB carried out visit to the industrial unit of M/s Radico Khaitan Ltd. and nearby area on 17.04.2023. The team carried out verification of complaint as mentioned in the NGT impugned order dated 29.04.2022 as quoted at Para 2 of this report.
The team also consulted the learned counsel and law officers of CPCB for verification of bonafide of the complainant. Accordingly, as per their suggestions the complainant was emailed on 13.04.2023, that, in reference to order dated 07.12.2022 passed by Hon'ble High Court of Delhi in W.P.(C) 13212/2022 & CM APPL. 39978/2022, he may have to meet the CPCB team on the site during inspection alongwith valid Photo-ID proof. Thereafter, on the day of visit, team contacted the complainant through phone (Mob. No. 9412525531) and CPCB team met the complainant in person at Panwaria Road, Rampur. During interaction, the CPCB team asked the complainant to provide his ID proof and to brief about the complaint.
As an ID proof, complainant presented his AADHAR card bearing no. 798751737237 before the CPCB team. As per the AADHAR card, the name of person is Sh. Ghanshyam Singh, residing at 109 Bareilly road, Panwaria, Rampur Distillery, Uttar Pradesh. Copy of AADHAR card of complainant is placed at Annexure - IV. O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-38-The team of CPCB officials had detailed conversation with complainant regarding issues raised by him in his complaint letter dated 16.12.2021. During interaction, the complainant also informed that "the local drains of Rampur carry distillery effluent and the acidic wastewater in the drain which causes burns to animals/cattles". The complainant has also submitted a handwritten undertaking about the interaction with CPCB team dated 17.04.2023 (Copy of handwritten undertaking dated 17.04.2023 is placed at Annexure V). The Complainant also mentioned about a drain and informed that the drain near Hitachi biocompost site (at village Tashka) receives effluent from M/s Radico Khaitan Ltd., Rampur through an underground pipeline. CPCB team along with the complainant visited the said drain (Lat.-28.77633; Long 79.04598) which is located approximately 200 meters away (aerial distance) from the unit (Hitachi bio-compost site) near Tashka village. Location was unapproachable, however wastewater sample was collected from the culvert by CPCB team and laboratory analysis result showed pH-7.3, Total solids-3688 mg/l, COD-1027 mg/l, BOD-506 mg/l and TSS-667 mg/l. As per the information provided by Regional Officer, Moradabad of Uttar Pradesh Pollution Control Board (UPPCB), the drain is entering Rampur city from Bilaspur gate, which is about four kilometer in the upstream of the sampling location. The drain carries sewage from Bilaspur gate colony, Pahari gate colony, Bamroha and other surrounding colonies and as informed by UPPCB, there is no industrial discharge in the drain. The drain was found covered with surface vegetation at many places and subsurface flow was observed at these places. As per analysis result, the pH value (7.3) was found in the neutral range i.e. 6.5-8.5, which does not match with the claim of discharge of chemical acidic effluent by M/s Radico Khaitan Ltd. in drain as mentioned in the complaint. As per physical observation during visit, no sense of odour and colour, which are typical characteristics of the effluent from the Distillery unit was felt by the team and no pipeline was visible to the team near the culvert. However, the other physico-chemical characteristics i.e. BOD (506 mg/L) and COD (1027 mg/L) in the sample collected from the drain do not match with the typical characteristics of sewage (values are on higher side), and indicate discharge from trade/industrial activities alongwith sewage.
5. Verification report of complaint in compliance of Hon'ble High Court of Delhi order dated 07.12.2022 Verification report of complaint in compliance of Hon'ble High Court of Delhi order dated 07.12.2022 in the matter of Radico Khaitan Ltd. Vs Union Of India & Ors In W.P.(C) 13212/2022 & CM APPL. 39978/2022 is presented below:
5.1. General details a. General details of the unit are mentioned below:
S. Name & Address of M/s Radico Khaitan
No the Industry: Limited, Bareilly Road,
Rampur, Uttar Pradesh -
244901
1 Type of Industry Sector Distillery (Molasses and Grain
based)
2 Date of Inspection 17th April, 2023
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-39-
3 Operational Status Operational (Grain based)
4 Name of main Raw Material Grain and Molasses
5 Name of Final Product (s) Spirit (ENA)
6 Consented Production 374 KLD ENA (Consolidated
Capacity Consent to Operate an Molasses
& Grain Dual Mode And Malt
Spirit Plant)
7 Production during inspection 243 KLD
(based on Excise data)
8 Air and water consent Consolidated Consent to Operate
9 Authorization underand Authorisation (CCA) issued
Hazardous and Other Wastes by UPPCB on 19.09.2022 having Rules, 2016. validity from 01.10.2022 to 31.12.2026 (Annexure - VI) 10 Permission from CGWA for The Uttar Pradesh Ground Water abstraction of Ground Water Authority has granted a No Objection Certificate (NOC) to the unit for groundwater abstraction from 03 no. of Borewells, having validity up to 08.04.2024. As per the conditions of this NOC, the unit can abstract a maximum of 3600 KL/day for groundwater.
(Annexure - VII) b. The unit has obtained a Consolidated Consent to Operate and Authorisation under Section-25 of the Water (Prevention & Control of Pollution) Act, 1974 and under Section-21 of the Air (Prevention & Control of Pollution) Act, 1981 with a validity upto 31.12.2026 for molasses and grain dual mode and malt spirit plant for production of 374 Kilo Litres of ENA per day. The major conditions of the CCA are as follow:
➢ The validity of the Consent to Operate shall be valid from 01.10.2022 to 31.12.2026.
➢ Unit shall dispose spent wash through MEE and the concentrated spent wash shall be disposed through Bio composting in 58 Acre biocompost yard.
➢ Unit shall operate in Zero Liquid Discharge and no effluent is allowed to discharge outside the premises. ➢ Unit shall comply with the conditions of NOC issued by Ground Water Department Govt. of Uttar Pradesh for abstraction of ground water, valid till 08.04.2024. ➢ The applicant shall use following fuel and install a comprehensive control system consisting of control equipment as required with reference to generation of emissions and operate and maintain the same continuously so as to achieve the level of pollutants to the following standards:
S.No Air Capacity Type Stack Stack Air
Pollution of No. Height Pollution
Source fuel Control
Device
1. Boiler-I 26 TPH Bio- Stack stack Not
gas No.-1 height of required
45 meter (operating
from on clean
ground fuel)
level
2. Boiler-II 30 TPH Rice Stack Dust ESP
husk No.-2 collector Installed
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-40-
and as APCS
Wood and
chips stack
height of
30 meter
from
ground
level
3. Boiler-III 65 TPH Rice Stack 65 ESP
husk, No.-3 meters Installed
Coal, from
wood ground
chips level
c. On the day of visit, the unit was operating at production capacity of 243 KLD using only grain as raw material and not using molasses as feedstock for production of alcohol. 5.2.Fresh water consumption The unit is having three bore wells to meet the fresh water requirement for industrial and domestic purposes. The unit has installed flow meters at all three borewell. Month wise fresh water consumption is tabulated below:
Table 1: Month wise fresh water consumption data Borewell Month Total Fresh Average No. water fresh water Consumption consumption (KL) (KLD) Borewell-1 Feb, 2023 502 17.93 Borewell-2 Feb, 2023 18526 661.64 Borewell-3 Feb, 2023 30834 1101.21 Total fresh water 49862 consumption in month of Feb, 2023 (KL) Average fresh water 1780.79 KLD consumption per day Borewell-1 March, 1208 41.66 2023 Borewell-2 March, 13816 476.41 2023 Borewell-3 March, 34561 1191.76 2023 Total fresh water 49585 consumption in month of March, 2023 (KL) Average fresh water 1709.83 KLD consumption Borewell-1 April, 0 0 2022 Borewell-2 April, 7948 529.87 2022 Borewell-3 April, 17685 1179 2022 Total fresh water 25633 consumption in month of April, 2023 (KL) Average fresh water 1708.87 KLD consumption Overall total fresh water 125080 KL consumption Overall Average fresh 1737.22 KLD water consumption O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-41-
As per the log book data provided by the unit, the average fresh water consumption for duration 01st February 2023 to 15th April 2023 is 1737.22 KLD against the permitted withdrawal capacity of 3600 KLD mentioned in the No Objection Certificate (NOC) issued by Uttar Pradesh Ground Water Authority, which indicates compliance with NOC conditions.
5.3.Verification of Zero Liquid Discharge as stipulated in Consolidated Consent & Authorization issued by UPPCB on 19.09.2022 i. The unit has consent, to operate either on molasses based production or grain based production or both with daily production not exceeding 374 Kilo Litres of ENA per day. ii. In molasses based plant, the wastewater streams are spent wash and spent lees from production process, fermenter washing, process condensate, floor washing, cooling tower and boiler blowdown. In grain-based plant, the wastewater streams are thin stillage, lees and process condensate. iii. As per Consolidated Consent to Operate and Authorisation (CCA) issued by UPPCB on 19.09.2022 having validity upto 31.12.2026, the unit shall operate in Zero Liquid Discharge and no effluent is allowed to discharge outside the premises and shall dispose spent wash through MEE and the concentrated spent wash shall be disposed through Bio composting in 58 Acre biocompost yard.
iv. For achieving ZLD in molasses based plant, the unit has installed Integrated Multiple Effect Evaporator (IMEE), Bio- digesters (06 nos.), Lamella Clarifiers, Clariflocculators, settling tank, final clarifier, Dissolved Air Floatation (DAF), Reverse Osmosis (RO) system and a separate MEE for concentration of reject from RO plant. Final concentrated spent wash is utilized in bio composting. The details about Spent wash management scheme are elaborated in para 5.3.1.
v. For achieving ZLD in grain-based plant, the unit has installed Decanter and Integrated Multi Effect Evaporator (IMEE) plant and Minglers. The concentrate is fed into Mingles to make Distillers Wet Grain with Soluble (DWGS), which is used as cattle feed. The details about Spent wash management scheme are elaborated in para 5.3.2.
vi. For management of other effluents generated from Molasses and grain based plant to achieve ZLD, the unit has installed Condensate Polishing Unit (CPU) of capacity 2000 m3. The details of CPU are elaborated in para 5.3.3. vii. As per the data provided by the unit, the unit has started operation of its Grain based plant from 15.04.2023. The details of plant wise no. of operational days based on raw material are as below:
Table 2: Plant wise no. of operational days based on raw material Month Grain Plant Dual Mode Dual Mode Plant Plant operation on operation on Grain Molasses Capacity 100 KLD 140 KLD Feb.-2023 27 1.5 26.5 March-2023 28 0 31 April-2023 14 Continue from 15 O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-42-
(till 15.04.2023
15.04.2023) onwards
5.3.1. Spent wash management scheme - Molasses based distillery operation i. Spent wash generated in distillation process is subjected to evaporation through a reboiler and three stage Integrated Multiple Effect Evaporator (IMEE).
ii. Concentrated spent wash from IMEE is pumped into bio-
digesters (06 nos.) for biomethanation. The bio-gas, generated is used as fuel into boiler.
iii. Outlet of bio-digesters is subjected to solid - liquid separation of bio-digested spent wash before RO plant which comprises of Lamella Clarifiers, Clari-flocculators, settling tank, final clarifier and Dissolved Air Floatation (DAF).
iv. Effluent from outlet of DAF system is stored and passed through two RO plants (operating in parallel). v. Permeate generated from RO-1 and RO-2 is further treated through another RO (RO3) along with the other effluent of grain based unit and cooling tower blow down. Permeate from RO-3 is used in cooling tower make-up water.
vi. Schematic diagram of spent wash management systems is as below:
3 stage integrated multiple effect evaporator (IMEE) →Bio-
Digesters→Lamella clarifiers, Clariflocculators→Dissolved Air Floatation→ (DAF) → RO→6 stage Multi Effect Evaporator (for concentrating Biomethanated spent wash) →CPU (for MEE Condensate and other low strength effluents) and Final MEE Concentrate →Biocomposting vii. Unit has installed mass flow meters at IMEE inlet, IMEE outlet, Feed to RO, RO outlet, Feed to BMSW-MEE and outlet of BMSW- MEE and is maintaining logbooks for the same. viii. As per the logbook data provided by the unit, month wise total alcohol production, and spent wash generation per KL of alcohol production from molasses is as below:
Table 3: Month wise Spent Wash generation, alcohol production and Spent Wash generation per KL of alcohol production from Molasses Month Total Spent Alcohol Alcohol Sp. Spent wash Production Production wash generation (in KL) (in KLD) generation (Kl/ Month) (KL/KL of alcohol production) Feb- 38615.09 3542.822 126.53 10.90 2023 March- 39618.87 3655.180 126.04 10.84 2023 April- 18524.53 1852.945 123.53 10.00 2023 ix. As per the CCA issued by UPPCB on 19.09.2022, the unit is allowed to produce 374 Kilo Litres of ENA per day by using molasses and grain dual mode and malt spirit plant. However as per the data provided by unit for duration 01.02.2023 - O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-43-
15.04.2023, it has carried out production @ 125.70 Kilo Litres of ENA per day.
x. As per the log book data of IMEE & BMSW-MEE provided by the unit for the month from February, March & April, 2023, total spent wash feed to both MEE, total condensate generated and total concentrate generated are given below:
Table 4: Month wise details of total spent wash generation, feed to both MEE, total condensate generated and total concentrate generated Month Total spent Condensate Total RO-Reject BMSWME BMSWMEE Overall % wash generation concentrate Feed E (Condensate Reduction generation from IMEE d spent BMSWMEE (Concentr ) MT/Month 8 =2-6 at the (MT/Month) wash (MT/Month) ate) *100 2 bottom of generation MT/Month analyzer from IMEE column (MT/Month) (MT/Month) 1 2 3 4 5 6 7 8 Feb- 40932 14663 26269 13688 6784 3849 75.96 2023 March- 41996 14858 27138 14288 10222 4066 75.66 2023 April- 19636 6765 12871 6784 4878 1908 73.54 2023 xi. The final concentrated spentwash generated from BMSW-MEE is utilized in Biocomposting. The details of bio-composting are as follows:
➢ Out of 60 acres, 25 acres of area is covered and remaining 35 acres of area is open/uncovered.
➢ Out of 35 acres uncovered bio-compost area; 05 acres is available for storage of ready bio-compost, other 05 acres is for storage of press mud and remaining 25 acres is available for bio-composting.
➢ The unit is having 05 numbers aero tiller machines for spraying of concentrated spent wash, mixing and turning of bio-compost material.
➢ The unit has 6 piezometric wells and one hand pump in the bio-compost yard area of Hitachi site and 6 piezometric wells and one hand pump in Ajeetpur site.
➢ Rainwater collection system has been provided in both the bio- compost yard site at Hitachi site and Ajeetpur site. ➢ As per Consolidated Consent to Operate and Authorisation (CCA) issued by UPPCB, the concentrated spent wash shall be disposed through Bio composting in 58 Acre biocompost yard.
➢ The unit has bio-compost yards located at two different places i.e., Ajeetpur site and Hitachi site. The unit has total 60 acres of bio-compost area, which is adequate and in compliance to CCA conditions.
➢ Details of press mud consumed, Conc. spent wash to press mud ratio, biocompost procured and bio compost sold for the month from Feb, 2023 and March, 2023 is given below;
Table 5: Month wise details of Press mud consumption, Concentrate spent wash consumption, Bio-compost generation and quantity sold Months BMSW- MEE Press Mud Conc. Spent Conc. spent Bio- Bio-
Outlet for Consumptio wash wash to compost compost
biocomposting n consumptio press mud Produced sold
(MT/Month) (MT/Month) n in Bio- ratio (MT/Month (MT/Month
composting ) )
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-44-
(MT/Month)
Feb, 9839 6200 9655 1.56 3000 3762
2023
March, 10222 5200 8147 1.57 2400 2562
2023
5.3.2. Thin stillage management scheme - Grain based distillery operation i. To achieve ZLD in Grain based plant, the unit has installed Decanters (3 nos.) followed by IMEE (for concentration of thick syrup) followed by Minglers to make Distillers Wet Grain with Soluble (DWGS). Ready DWGS is sold in market (for cattle feed). Condensate generated from IMEE is fed into CPU for treatment. ii. Schematic diagram of thin stillage management systems is as below:
Thin stillage→Decanters (03 nos.) → IMEE (for concentration of thick syrup) →CPU (For condensate treatment) & Mingles (to make distillers Wet Grain with Soluble DWGS) iii. As per the logbook data provided by the unit, month wise total alcohol production, and spent wash generation per KL of alcohol production from grain is as below:
Table 6: Month wise Thin stillage generation, alcohol production and Thin stillage generation per KL of alcohol production from Grain Month Total Thin Alcohol Alcohol Sp. Thin stillage Production Production stillage generation (in KL) (in KLD) generation (Kl/ Month) (KL/KL of alcohol production) Feb- 9197.22 2912.49 104.02 3.16 2023 March- 10763.89 2771.70 99.0 3.88 2023 April- 5815.74 1486.95 106.21 3.91 2023 iv. As per the log book data of IMEE provided by the unit for the month from February, March & April, 2023, total thin stillage feed to both MEE, total condensate generated and total concentrate generated are given below:
Table 7: Month wise details of total thin stillage feed to IMEE, total condensate generated and total concentrate generated Month Total Thin Condensate Total stillage generation concentrated generation from IMEE thin stillage (MT/ Month) (MT/Month) generation from IMEE (MT/Month) 1 2 3 4 Feb-2023 9933 8008 1925 March-2023 11625 9701 1924 April-2023 6281 5293 988 5.3.3. CPU - Management of other effluents O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-45-
i. The rejects from RO-1, RO-2 and RO-3 are feed to BMSW-MEE for further concentration. The concentrated spent wash is used in bio-composting and spent lees, RO-permeate, cooling tower blow down and condensate generated from IMEE & BMSW- IMEE is sent to Condensate Polishing Unit (CPU) for treatment. ii. For the treatment of spent lees, RO-permeate, cooling tower blow down, condensate generated from IMEE & BMSW-IMEE and other low strength effluents, the unit has installed a common Condensate Polishing Unit (CPU) of 2,000 m3 capacity. The CPU consists of Equalization tank, Buffering tank, anaerobic digestion, aerobic digestion, Clarification, Multi Grade Filter (MGF), Activated Carbon Filter (ACF) followed by UV treatment. Mechanical press is installed for sludge dewatering. The unit has installed flow meters at the inlet and outlet of CPU (inlet totalizer- 839752 m3, recycled to cooling tower - 463150 m3 and recycled to Fermenter for molasses dilution - 352068 m3).
iii. During visit, it was observed that unit has installed a new CPU (capacity - 5000 KLD; for dual feed mode) which is under commissioning stage.
iv. Unit is using the treated effluent from CPU in fermenter (for molasses dilution) and cooling tower makeup. v. As per the logbook data provided by the unit, quantity of effluent feed and treated through CPU are as below:
Table 8: Quantity of effluent feed and treated through CPU Month Total CPU feed (KL) CPU treated water (KL) Feb, 2023 46197 44349 March, 49051 47089 2023 April, 2023 24542 23560 Total 119790 114998 Average 1663.75 1597.19 (KLD) % loss in CPU = 4% vi. Samples were collected from the inlet and outlet of CPU and analysis results are mentioned below:
Table 9: Analysis results of samples collected from CPU Sr. Sample pH COD BOD TSS TDS No. Location (mg/l) (mg/l) (mg/l) (mg/l) 1 CPU inlet 4.2 10556 7290 BDL<10 80 2 CPU 7.2 04 01 10 720 outlet vii. Analysis results of sample collected from CPU outlet indicate that the quality of treated effluent from CPU is suitable for reuse in in fermenter (for molasses dilution) and cooling tower makeup. Copy of laboratory analysis reports of waste water samples is attached as Annexure-VIII.
The above observations and data indicates that the unit has setup systems to achieve ZLD and complied with ZLD conditions as stipulated in CCA issued by UPPCB. The complaint about the O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-46-discharge of untreated effluent of acidic nature having temperature 85 - 90 °C could not be substantiated.
5.4. Sewage management scheme i. The unit has installed a Sewage Treatment Plant (STP) of capacity 120 KLD for treatment of sewage generated from the households present inside the factory premises. The STP was found operational during inspection.
ii. The unit has installed flow meters (with totalizer) at inlet and outlet of STP.
iii. The sewage treatment scheme consists of holding tank-cum-
pump sump, Biological treatment (activated sludge process), settling tank, holding tank cum chlorination tank, Pressure Sand Filter (PSF) and Activated Carbon Filter (ACF). iv. STP receives wastewater from overflow of 06 nos. of septic tanks, from the industry guest house and other utility areas within unit premises.
v. The treated sewage is disposed through an open drain across the road, to reach up to Rampur drain.
vi. Samples were collected from the collection tank (inlet) and outlet of STP and analysis results are presented below:
Table 10: Analysis results of samples collected from STP Sr. Sample pH COD BOD TS (mg/l) TSS (mg/l) Cl- NO3-N No. Location (mg/l) (mg/l) (mg/l) (mg/l) 1 STP Inlet 7.1 37 09 660 41 135 2.20 2 STP 7.0 29 03 644 BDL<10 109 2.06 Outlet Standards 5.5 - 9.0 - 30 - 100 - -
mentioned in CCA issued by UPPCB on 19.09.2022 Analysis results of sample collected from STP outlet is meeting the discharge norms. Copy of laboratory analysis reports of waste water samples is attached as Annexure-VIII.
6. Details of Boilers As per the Consolidated Consent to Operate and Authorisation under Section-25 of the Water (Prevention & Control of Pollution) Act, 1974 and under Section-21 of the Air (Prevention & Control of Pollution) Act, 1981 issued by UPPCB on 19.09.2022, the unit is having three boilers of capacity 30 TPH, 26 TPH and 65 TPH. The unit has submitted the copies of Boiler fitness certificates dated 22.10.2021 and 22.04.2022 issued by Uttar Pradesh Boiler Inspection Department. As per the certificates, the unit is allowed to operate the 30 TPH boiler under provision of section 8 of the Boiler Act (V of 1923) from 22.10.2021 to 21.10.2022 and 26 TPH boiler from 22.04.2022 to 20.04.2023. Copies of the boiler fitness certificate for 30 TPH & 26 TPH are attached at Annexure-IX. The unit has installed a new boiler of capacity 65 TPH however on the day of visit, it was operating at 55 TPH. The unit has submitted the copy of provisional order under section 9 of the Boilers Act, 1923 having validity upto six month from the date of issue (i.e. 21.03.2023). Copy of the fitness certificate for 65 TPH boiler is attached at Annexure-X. On the day of visit, 02 boilers of capacity 30 TPH and 26 TPH were found non- operational and 01 boiler of capacity 65 TPH was found operational. O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-47-Table 11: Details of boilers installed within unit premises S. Boiler Capacity Operational status on the day of visit No. 1 Boiler-1 26 TPH Non-Operational 2 Boiler-II 30 TPH Non-Operational 3 Boiler-III 65 TPH Operational During visit, cleaner and biomass fuel such as bio-gas (20%) and rice husk (80%) was being used in the boiler of 65 TPH capacity. The boiler was equipped with Electro Static Precipitator as air pollution control device.
Ambient air monitoring and stack emission monitoring was carried out by officials from CPCB, Delhi. Monitoring of stack attached to 65 TPH boiler was carried out during visit. Ambient air quality monitoring was also carried out at 2 locations (upwind and downwind) of the stack monitored in reference to wind direction) namely; Near Chairman Guest house of unit (Upwind side - 500 metres from stack) and near staff Guest house of unit (Downwind side - 700 metres from stack). The industry is situated and encompassed of the state highway and railway etc. During the time of monitoring at about 500 mtr, operation of hot mix plant operated by PWD, Rampur was observed.
The stack emission and ambient air quality monitoring results are given below:
Table 12: Emission monitoring results for Stack attached to 65 TPH boiler S.No. Parameter Value Emission Standards as per The Environment (Protection) Rules, 1986 1 PM (mg/Nm3) 28.25 150 2 SO2 (mg/Nm ) 3 BDL<3 -
3 NO2 (mg/Nm3) 407.3 -
4 CO2 % 11.2 -
5 O2 % 8.2 -
6 CO (ppm) 62 -
Table 13: Ambient air quality monitoring results Sr.No. Location NO2 Result SO2 Particulate (µg/m3) Result Matter (µg/m3) PM10 (µg/m3) Standards 80 80 100 1 Near 41.83 4 263.33 Chairman Guest house of unit (Upwind side - 500 metres from stack) 2 Near staff 38.83 8 297 Guest house of unit (Downwind side - 700 metres from stack) O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-48-As per the analysis result of ambient air quality monitoring carried out near Chairman Guest house of unit (Upwind side - 500 metres from stack), concentration of NO2, SO2 and PM10 found to be 41.83 µg/m3, 04 µg/m3 and 263.33 µg/m3 respectively against national ambient air quality standard limit of 80 µg/m3, 80 µg/m3 and 100 µg/m3 as notified vide Gazette dated 18.11.2009 under Air (Prevention and Control of Pollution) Act, 1981.
As per the analysis result of ambient air quality monitoring carried out near staff guest house of unit (Downwind side - 700 metres from stack), concentration of NO2, SO2 and PM10 found to be 38.83 µg/m3, 08 µg/m3 and 297 µg/m3 respectively against the standard limit of 80 µg/m3,80 µg/m3 and 100 µg/m3 as notified vide Gazette dated 18.11.2009 under Air (Prevention and Control of Pollution) Act, 1981.
The monitoring results of emission from stack attached to 65 TPH boiler showed that, the Particulate Matter (28.25 mg/Nm3) is within the prescribed limit of 150 mg/Nm3. Copy of laboratory analysis reports of ambient air & stack emission samples is attached as Annexure XI.
Online Continuous Emission Monitoring System (OCEMS) have been installed on all three Stacks, however OCEMS installed on Stack-1 & 2 are connected to CPCB server and the OCEMS installed at Stack-3 (i.e. stack attached to 65 TPH boiler) is not connected to CPCB server. During monitoring, the OCEMS was displaying Particulate Matter (PM) values in the range of 40-43 mg/Nm3.
The unit has installed Electro Static Precipitator (ESP) as Air Pollution Control Device (APCD). The unit used clean gas and biomass as their boiler fuel. Stack emission monitoring results indicate compliance with PM emission norms. However, the ambient air quality monitoring results indicate exceedance with the national ambient air quality norms.
Hence, the complaint that the said industrial establishment is releasing toxic gases 5 or 6 times every month in the early hours could not be substantiated.
7. Green belt Area The unit has developed green belt inside the unit premises, outside the unit's main gate, in the ETP area, outside the boundary wall of industry premises and in the Atal Park which is located outside the industrial premises. The unit has also developed green belt at Hitachi bio-compost site and Ajeetpur bio-compost site. At Hitachi bio- compost site, the unit is following Miyawaki technique for tree plantation.
The unit has provided the details of green belt area developed by them. The description of area along with the green belt developed is listed below;
Table 14: Details of green belt area
Sr. Description of Area Length Width Area
No. (M) (M) (sq. M)
1 Atal Park to new Roadways (Left 1400 3 4200
side)
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-49-
2 Atal Park to new Roadways (Left 1400 3 4200
side)
Total in Sq. Mtr 8400
Total in (Acre ) 2.10
Green belt attached to premises
3 Atal Park to GSP (Left side towards 950 6 5700
plant)
4 End of GSP plant towards Nainital 1100 3.5 3850
Road
5 Atal Park to Nainital road (Right 2000 4 8000
side)
Total in Sq. Mtr 17550
Total in (Acre ) 4.39
Green belt inside the premises
6 Main gate to security office 240 4 960
7 Admin Block 50 6 300
8 Colony area (Officers) 225 25 5625
9 Colony area (Officers) 125 25 3125
10 RKTS Lawn 95 45 4275
11 MRP Area 785 5 3925
12 GSP Main Road from RDL (Left side) 180 3 540
13 GSP Main Road from RDL (Left side) 84 3 252
14 GSM (Near CO2) 35 3 105
15 Printing (Side 1) 60 2 120
16 Printing (Front) 30 3 90
17 Dense Foresting & Plantation Area at 312.09 25 7802
KF
Total in Sq. Mtr 27119
Total in (Acre ) 6.78
Grand Total Green Belt (Sq. Mtr) 53069
Grand Total Green Belt (Acre) 13.27
The unit representative informed that the unit has total industrial area of around 39 acres, in which grain based plant, molasses and bottling plant has been commissioned. As per the CCA, "Unit shall develop Green Belt in minimum 33 percent area of Industrial Premises as per the provisions laid down in office order no. H16405/220/ 2018/02 dated 16-02-2018 of U.P. Pollution Control Board." The unit has developed green belt inside the premises in 6.78 acre of land, which is approximately 17.38% of total land area, however as per the unit representative, due to lack of space inside the premises, in addition to the above, the unit has also developed green belt outside the industrial premises in approximately 6.49 acres. Taking both together, the unit has total green belt area of 13.2 Acres.
8. Ground Water Samples For assessment of Ground water contamination at bio-compost sites, the team collected ground water samples from hand pump & piezometric wells located at Ajeetpur and Hitachi bio-compost yard. The analysis results of ground water samples are given below:
Table 15: Characteristics of Ground water samples S.No. Locations pH TDS, COD, Colour, (mg/l) (mg/l) (Hazen) BIS IS 10500:2012 (Permissible 6.5- 2000 - 15 limit in absence of alternative 8.0 source)
1. Guest house, Ground 7.6 420 BDL BDL O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-50-
water
2. Piezometer no.1, Ajeetpur 7.5 891 BDL BDL bio-compost yard
3. Piezometer no.2, Ajeetpur 7.6 599 76 BDL bio-compost yard
4. Piezometer no.3, Ajeetpur, 7.5 585 11 BDL bio-compost yard
5. Piezometer no.4, Ajeetpur 7.7 567 07 BDL bio-compost yard
6. Hand pump, Ajeetpur site 7.3 842 06 BDL
7. Groundwater, from Hitachi 7.2 537 BDL BDL hand pump
8. Piezometer no.1, Hitachi 7.6 333 BDL BDL bio-compost yard
9. Piezometer no.2, Hitachi, 7.4 460 07 BDL Bio-compost yard
10. Piezometer no.3, Hitachi, 7.6 441 BDL BDL bio-compost yard
11. Piezometer no.4, Hitachi 7.8 343 BDL BDL bio-compost yard The analysis results of ground water samples collected from piezo wells during visit showed high value of COD, 76 mg/l at Piezometer no.2 and 11 mg/l at Piezometer no.3 at Ajeetpur bio-compost yard.
This indicates intrusion of wastewater from compost yard into piezo wells, posing potential threat to ground water and needs urgent attention towards improvement of housekeeping, prevention of seepage, spillage etc. into the piezo wells. Copy of laboratory analysis report of ground water samples is attached as Annexure- XII.
9. Characteristics of samples collected from nearby drains The CPCB team collected the sample from drains outside the main gate of the industry, upstream and downstream of Ajeetpur bio- compost yard. The analysis results are given as below:
Table 16: Analysis results of samples collected from nearby drains Sr. Sample pH COD BOD TS TSS Temp.
No. Location (mg/l) (mg/l) (mg/l) (mg/l) (°C) 1 Drain outside 7.1 64 18 544 31 32 main gate of the industry 2 Drain, 7.1 197 80 692 31 34 upstream of Ajeetpur bio-
compost yard
3 Drain, 7.0 157 45 408 28 34
downstream
of Ajeetpur
bio-compost
yard
Analysis result of waste water samples collected from the drain near entrance gate of unit shows Total solids- 544 mg/l, COD- 64 mg/l, BOD- 18 mg/l and TSS- 31 mg/l.
Analysis result of waste water samples collected from the drain upstream of Ajeetpur bio-compost site shows Total solids- 692 mg/l, COD- 197 mg/l, BOD- 80 mg/l and TSS- 31 mg/l, whereas the O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-51-sample collected from drain downstream of Ajeetpur site has Total solids- 408 mg/l, COD-157 mg/l, BOD-45mg/l and TSS-28 mg/l. Copy of laboratory analysis reports of waste water samples is attached as Annexure-VIII.
The quality of wastewater in drains outside main gate of the industry, upstream and downstream of the bio-compost yard of Ajeetpur site, which ultimately meets to Rampur drain, shows the characteristics of domestic wastewater, which indicates no discharge of industrial effluent in the drain.
The complaint of discharge of acidic effluent of high temperature from alleged industry could not be established.
10. Details of ENA storage tanks available in the unit:
The joint team has visited the site where the accident of fire occurred on 06.03.2021 (as mentioned in the complaint) and it was observed that 02 ENA storage tanks which caught fire were of capacity 405400 BL and 406600 BL, the same are now repaired. At the time of visit tanks were filled with alcohol. The unit has submitted the details of ENA storage tanks present in the industrial premises duly verified by Assistant Excise Commissioner, Rampur, U.P. As per the document submitted, the unit has total 75 nos. of ENA storage tanks with a total capacity of 9467180.4 BL. Details of the ENA tanks verified by Excise department is attached at Annexure-XIII.
11. Conclusion i. Point wise compliance status of the complaints Table 17: Summary table S. Complaints as Status as observed on 17.04.2023 by CPCB No mentioned in team . the Hon'ble NGT order dated 29.04.2022 a. It is stated As per the lease deed, the unit is situated in that Radico Industrial Area Rampur, plot no. A-1. Khaitan Ltd., The CPCB team observed that:
Rampur, is 1. Toward the east of the unit, a fertilizer plant is being run in situated which is approx.100 mtrs away from the residential unit.
area in 2. Towards the south and west of the unit, no violation of authorised colony was observed. Green belt, environmenta godown and empty space were observed. Industry l norms, rules is located 10 mtrs south from national highway, and NH24.
regulations. 3. In the North Direction- Open land was observed which is 10 mtrs away from the unit.
b. The said The unit has three boilers of capacity 30 TPH, 26 industrial TPH and 65 TPH. During visit, 02 boilers of establishment capacity 30 TPH and 26 TPH were found non-
is releasing operational and 01 boiler of capacity 65 TPH was
toxic gasses 5 found operational.
or 6 times The stack emission monitoring result of stack
every month attached to 65 TPH boiler shows that, the
in the early Particulate Matter (28.25 mg/Nm3) is within the
hours which limit of 150 mg/Nm3 as prescribed by UPPCB vide
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-52-
cause consent dated 19.09.2022. The unit uses biogas respiratory and bio mass as boiler fuel, which are cleaner fuel. problems to The unit has also installed ESP as APCD. As per the the monitoring result of ambient air quality inhabitants of monitoring carried out near Chairman Guest house the locality. of unit (Upwind side - 500 metres from stack), concentration of NO2, SO2 and PM10 found as 41.83 The boiler, µg/m3, 04 µg/m3 and 263.33 µg/m3 respectively which is against notified national ambient air quality claimed to be standard of 80 µg/m3, 80 µg/m3 and 100 µg/m3 defunct, is as notified vide Gazette dated 18.11.2009 under used which Air (Prevention and Control of Pollution) Act, 1981.
spread fly
ash is the As per the monitoring result of ambient air quality
surrounding monitoring carried out near staff guest house of
area and unit (Downwind side - 700 metres from stack),
causing air concentration of NO2, SO2 and PM10 found to be
pollution. 38.83 µg/m3, 08 µg/m3 and 297 µg/m3
respectively against the notified standard of 80 µg/m3, 80 µg/m3 and 100 µg/m3 as notified vide Gazette dated 18.11.2009 under Air (Prevention and Control of Pollution) Act, 1981.
c. The unit has The unit has submitted the details of ENA storage one alcohol tanks present in the industrial premises duly tank of the verified by Assistant Excise Commissioner, capacity of 2 Rampur, U.P. As per the document submitted, the lacks litre unit has total 75 nos. of ENA storage tanks with a which was total capacity of 9467180.4 BL. Details of the ENA not shown in tanks verified by Excise department is attached at the record Annexure-X. submitted to The additional ENA tank (as mentioned in the Excise on compliant) was not found by the team.
Department
and
08.03.2021,
the alcohol
tank caught
fire resulting
in burn
injuries to
one labourer
and other
injuries to
nine labours
d. The above Out of 39 acres, unit has developed green belt
said inside the premises in 6.78 acre of land, which is
industrial approximately 17.38% of total land area. In
establishment addition, the unit has also developed green belt in
has also not approximately 6.49 acres area outside the
developed a industrial premises. The unit has total green belt
requisite area of 13.2 Acres.
green belt.
e. ETP Plant ➢ As per the data provided by the unit regarding
installed by power consumption in different effluent
the above management units is shown below:
said
industrial Effluent Feb-23 March- April-23
establishment management 23
units
for RO Plant 163856 124312 71686
treating toxic CPU 27101 28673 16005
poisonous BMSW-MEE 141570 156147 73952
effluents IMEE 91817 91394 44671
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-53-
remains
always non- Note: Above values are in KWh
functional Above data related to energy meter of effluent
remains and management units indicates that unit operates
untreated effluent management system/ ZLD system on
effluent regular basis.
acidic in
nature having ➢ Analysis results of samples collected from
85-90 degrees drains nearby unit premises which ultimately
Temperature meets to Rampur drain is presented below:
is
discharged
into factories S. Sample pH COD BOD TS TSS Temp.
No. Description (mg/l) (mg/l) (mg/l) (mg/l) (°C)
drains... 1 Drain 7.1 64 18 544 31 32
outside
main gate of
the industry
2 Drain, u/s 7.1 197 80 692 31 34
of Ajeetpur
bio-compost
yard
3 Drain, d/sof 7.0 157 45 408 28 34
Ajeetpur bio-
compost
yard
The quality of wastewater in drain shows the characteristics of domestic wastewater, which indicates no discharge of industrial effluent in the drain.
The complainant also mentioned about a drain and informed that the drain near Hitachi biocompost site (at village Tashka) receives effluent from M/s Radico Khaitan Ltd., Rampur through an underground pipeline. CPCB team along with the complainant visited/verified the said drain (Lat. - 28.77633; Long79.04598) which is located approximately 200 meters away (aerial distance) from the unit (Hitachi bio-compost site) near Tashka village. Location was unapproachable, however wastewater sample was collected from the culvert by CPCB team and laboratory analysis result showed pH 7.3, Total solids- 3688 mg/l, COD- 1027 mg/l, BOD-506 mg/l and TSS-667 mg/l. As per physical observation during visit, no sense of odour and colour, which are typical characteristics of the effluent from the Distillery unit was felt by the team and no pipeline was visible to the team near the culvert. However, the other physico-chemical characteristics i.e. BOD (506 mg/L) and COD (1027 mg/L) in the sample collected from the drain do not match with the typical characteristics of sewage (values are on higher side), and indicate discharge from trade/industrial activities alongwith sewage.
f. The In addition to compliance report as on 12.07.2022
committee (table-1 sr. no.-6 above), the unit has provided
may also latest mock drill report for the month of December,
examine the 2022 (Annexure-XIV).
issues in
relation to
Manufacture,
Storage
relation and
Import of
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-54-
Hazardous
Chemical
Rules, 1989
as applicable
including off-
site and on
site plans and
remedial
steps to avert
the industrial
accidents.
ii. The unit has obtained Consolidated Consent to Operate and Authorisation (CCA) dated 19.09.2022 from UPPCB under Section-25 of the Water (Prevention & Control of Pollution) Act, 1974 and under Section-21 of the Air (Prevention & Control of Pollution) Act, 1981 with a validity upto 31.12.2026 for molasses and grain dual mode and malt spirit plant for production of 374 Kilo Litres of ENA per day. iii. On the day of visit, the unit was operating at production capacity of 243KLD using grain as raw material. The molasses based operation was not carried out during visit. iv. As per the consent issued under section 21/22 of the Air (Prevention and control of Pollution) Act, 1981 (as amended), the unit has three boilers of capacity 30 TPH, 26 TPH and 65 TPH. v. During visit, cleaner and biomass fuel such as bio-gas (20%) and rice husk (80%) was being used in the boiler of 65 TPH capacity. The boiler was equipped with Electro Static Precipitator (ESP) as air pollution control device. vi. During visit, discharge of effluent by the unit was not observed and the unit was achieving zero liquid discharge (ZLD) through Integrated Multiple Effect Evaporator (IMEE), CPU and bio- composting.
vii. The quality of wastewater in drains outside main gate of the industry, upstream and downstream of the bio-compost yard of Ajeetpur site, which ultimately meets to Rampur drain, shows the characteristics of domestic wastewater, which indicates no discharge of industrial effluent in the drain. viii. The pH value (7.3) of the wastewater sample collected from drain in Tashka area shown by the complainant indicating neutral range of pH without any odour and colour as imparted by the Distillery effluent. However, BOD (506 mg/L) and COD (1027 mg/L) values of the sample collected from the drain at Tashka area do not match with the typical characteristics of distillery effluent as well as sewage and indicating the mixing of other wastewater in the drain. UPPCB may carry out the pollution source mapping of the drain (Pahari Nala). ix. Based on the data of electric consumption at different section of effluent management system, the unit is operating effluent management systems on regular basis.
x. The unit has total industrial area of around 39 acres. As per the CCA "Unit shall develop Green Belt in minimum 33 percent area of Industrial Premises as per the provisions laid down in office order no. H16405/220/ 2018/02 dated 16-02-2018 of U.P. Pollution Control Board." Out of 39 acres, unit has developed green belt inside the premises in 6.78 acre of land, which is approximately 17.38% of total land area. In addition, the unit has also developed green belt in approximately 6.49 acres area O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-55-outside the industrial premises. As per the documents, the unit has total green belt area of 13.2 Acres.
xi. The ground water at Hitachi bio-composting site (Piezometer no.
02) and Ajeetpur biocomposting site (Piezometer- 02, 03, 04 and Handpump) were found contaminated in terms of COD. xii. The value of PM10 in ambient air at the upwind location (near chairman guest house) 266.33µg/m3 and downwind location (near staff guest house) 297 µg/m3 was found higher w.r.t.ambient air quality norms of 100 µg/m3. The high value of PM10 at upwind and downwind location indicates the circumstantial deteriorated ambient air quality in the area. xiii. The emission from the stack attached to 65 TPH boiler shows that, the particulate matter (28.25 mg/Nm3) is within the prescribed limit of 150 mg/Nm3.
xiv. The CPCB team carried out verification of complaint by carrying out visit to the industrial unit of M/s Radico Khaitan Ltd. and nearby area on 17.04.2023 and no discharge of distillery effluent was found in nearby drains.
xv. The CPCB team interacted with the complainant and bonafide of the complainant was verified by the team during visit.
12. Recommendation i. UPPCB may carry out the inventorization of the pollution source of the drain (Pahari Nala) and take measures to control pollution.
ii. The unit shall take remedial measures including good housekeeping in bio-compost yards, stoppage of spillage to control contamination of piezo wells.
iii. The unit shall develop adequate green belt as per the Specific condition no. 13 of the CCA issued by UPPCB dated 19.09.2022.
iv. UPPCB shall carry out ambient air quality monitoring and prepare an air quality management plan of the Industrial area at Rampur, U.P. v. The unit shall ensure connectivity of Online Continuous Emission Monitoring System (OCEMS) installed at Stack-3 (i.e. stack attached to 65 TPH boiler) with CPCB server."
Reply dated 29.09.2023 filed by respondent no.3-M/s Radico Khaitan Ltd.
11. In compliance of order dated 26.04.2023, affidavit dated 29.09.2023 (pages no. 313-434 of the paper book) was filed by the Senior Vice President of respondent no. 3-M/s Radico Khaitan Ltd. vide email dated 03.10.2023. The relevant part of the affidavit reads as under:
"AFFIDAVIT ON BEHALF OF MIS RADICO KHAITAN LIMITED PURSUANT TO ORDER DATED 26.04.2023 X X X X
3. At the outset, it is submitted that OA 324/2016 titled Shailesh Singh vs State of Utter Pradesh & Ors. was disposed O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-56-
off by this Hon'ble Tribunal vide its Order dated 18.03.2021 while dealing with the issues which were different and not related to the subject matter of the present case which arises from a baseless and ill motivated complaint filed by the Applicant herein. Further, the above said order dated 18.03.2021 as passed in respect of and covering 14 industrial units which included the Answering Respondent.
4. Subsequently, successive Execution Application(s) were filed in respect of the above said order dated 18.03.2021 passed in OA No. 324/2016. These Execution Applications were disposed off by the Principal Bench of this Hon'ble Tribunal on different dates, the details of which are as under:
S.No. Case No. Date of
Disposal
1 Execution Application No. 19/2021 12.05.2022
2 Execution Application No. 23/2022 03.02.2023
3 Execution Application No. 3/2023 03.02.2023
4 Execution Application No. 25/2023 07.08.2023
5 Review Application No. 30/2023 in 21.08.2023
Execution Application No. 25/2023
True copy of the latest Order dated 07.08.2023 in Execution Application No. 25/2023 is annexed hereto and marked as ANNEXURE - R/1.
5. In view of the above, it is submitted that the Principal Bench headed by the then Hon'ble Chairperson has already dealt with and has passed appropriate orders regarding the Order dated 18.3.2021 which has attained finality and no proceedings of any kind arising from above said order 18.3.2021 are pending in this Hon'ble Tribunal.
6. That in relation to the proceedings of Writ Petition (C) No. 13212/2022 filed against order dated 29.04.2022 passed in the present proceedings, the Hon'ble High Court is seized with the said writ petition and the said proceedings are continuing. The matter is now listed for further hearing/proceedings on 10.11.2023. True copies of orders passed in Writ Petition (C) No. 13212/2022 are annexed herewith and marked as ANNEXURE-R/2 (COLLY).
7. Without prejudice to the above submissions, the Answering Respondent is making its submissions and placing on record its compliance status in terms of the directions of this Hon'ble Tribunal passed on 26.04.2023:
(i)The Production Unit of the Answering Respondent was set up in 1943 and as such, at the relevant time, there was no law stipulating requirement of Environmental Clearance ("EC") prior to setting up of the distillery industrial unit. Currently, the Unit has three plants -Molasses plant, Malt Spirit plant and Grain Spirit plant. The Molasses plant was set up in 1943 and the Malt Spirit plant was installed in 1992. Subsequently, the Grain spirit plant was set up July 2005 and is therefore submitted that all above production units were set up prior to the Environment Impact Assessment (EIA) Notification, 2006 dated 14.09.2006 requiring prior EC for setting up of a distillery unit.
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-57-(ii) In 2021, the Answering Respondent applied for increase of its production capacity from 200 KLD to 270 KLD in respect of its molasses spirit plant due to use of alternative feed stock (B- heavy molasses/Grains) which would not cause any increase in pollution load. Accordingly, the Uttar Pradesh Pollution Control Board (UPPCB) issued a "No Increase in Pollution Load"
Certificate dated 02.12.2021 to Answering Respondent in terms of the notification issued by Ministry of Environment, Forest & Climate Change (MoEFCC) bearing, No. S.O. 980(E) dated 02.03.2023 which exempted the requirement of prior EC for expansion of production capacity without any increase in pollution load. True Copy of the Certificate of "No increase in Pollution Load dated 02.12.2021 issued by the UPPCB is annexed herewith and marked as ANNEXURE-R/3. It is submitted that Answering Respondent has not increased its Production capacity of molasses spirit plant from 200 KLD to 270 KLD as permitted vide 'No Pollution Load Certificate' dated 2.12.2021 issued by UPPCB, because the permission from the Exercise Department for increased production is awaited.
(iii) The Answering Respondent has been granted by UPPCB, consolidated Consent to Operate & Authorisation (CCA) dated 19.9.2022 under Section 25 of the Water (Prevention & Control of Pollution) Act, 1974 and under Section-21 of the Air (Prevention & Control of Pollution) Act, 1981 (hereinafter referred to as "the Water Act" and "The Air Act" respectively) with upgraded capacity of 374 KL/Day alcohol production on dual feed mode (104 KL/day for Grain spirit plant and 270 KL/day for Molasses spirit plant). True Copy of the CCA issued under the Water Act and the Air Act is annexed as ANNEXURE- R/4.
(iv) A tabular statement of the compliance by the Answering Respondent with the conditions of the CCA is annexed herewith and marked as ANNEXURER/5. True Copy of the latest compliance report submitted for the CCA in July 2023 is annexed herewith and marked us ANNEXURE-R/6.
(v) It is further submitted that originally, a Consent to Establish (CTE) dated 26.12.2021 had been issued for the Boiler Unit of the Answering Respondent by the UPPCB which was valid till 22.12.2026. Thereafter, the Boiler was installed and put into operation in the month of February 2023. Since the Company has obtained CCA from the UPPCB with upgraded capacity of 374 KL/day alcohol production on dual mode (grain and molasses), the purpose of CTE already stands achieved.
Therefore, there is no requirement to submit any compliance reports with respect to the CTE issued for the Boiler.
8. It is therefore submitted that there is no substantiation of the allegations made in the Letter Petition. In view of the same, it is most respectfully prayed that this Hon'ble Tribunal may be pleased to dismiss the abovementioned Original Application."
12. The matter came up for hearing on 04.10.2023 on which date this Tribunal noticed the deficiencies in the Report filed by CPCB and O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-58-response filed by respondent no. 3-M/s Radico Khaitan Ltd. and directed UPPCB to file action taken report regarding compliance with recommendations made by CPCB and permitted respondent no. 3-M/s Radico Khaitan Ltd. to file additional affidavit specifically mentioning compliance status with respect to the aspects highlighted in the order and recommendations made by the CPCB. The relevant part of the order is reproduced as under:-
"9. With respect to the objection of the respondent no. 4- Project Proponent as to the complaint being anonymous, CPCB has mentioned in its report that CPCB team met the complainant and interacted with him with regard to his grievances and has thereby verified his identity and bonafides.
10. In its report CPCB has also mentioned the Environmental violations by the respondent no. 4-Project Proponent as mentioned in detail therein and CPCB has also made recommendations in respect thereof.
11. In its report the CPCB has noticed that the complainant also mentioned about a drain and informed that the drain near Hitachi bio-compost site (at village Tashka) receives effluent from M/s Radico Khaitan Ltd., Rampur through an underground pipeline. The CPCB team along with the complainant visited the said drain (Lat. - 28.77633; Long - 79.04598) which is located approximately 200 meters away (aerial distance) from the unit (Hitachi bio-compost site) near Tashka village. In the report it has been mentioned that the location was unapproachable and therefore correctness of the averments made by the applicant in this regard cannot be said to be verified. In the report no reason was mentioned as to why the location was un-approachable and what further action was required to be taken to verify the correctness of the averments made by the applicant.
12. In its report the CPCB has taken note of the plantation carried out by respondent no. 4 and mentioned that out of 39 acres, unit has developed green belt inside the premises in 6.78 acre of land, which is approximately 17.38% of total land area. In addition, the unit has also developed green belt in approximately 6.49 acres area outside the industrial premises. Even though, CPCB has mentioned that the unit has total green belt area of 13.2 Acres and the details of the land have been given in report but the details regarding nature, extent, density and species of trees and other vegetation planted in the green belt have not been mentioned.
13. We also find that in its report the CPCB has not looked into the aspects of permissibility of Rain Water Harvesting in composting area; discharge of waste water in piezo-metric-well; utilization of treated STP water for horticulture and other O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-59-
activities; and generation and disposal of fly ash by the Project Proponent.
14. CPCB is directed to look into the averments regarding discharge of effluent through pipeline in composting area; permissibility of Rain Water Harvesting in composting area; stoppage of discharge of waste water in piezo-metric-well; utilization of treated STP water for horticulture and other activities; and generation and disposal of fly ash by the Project Proponent and submit its additional report within two months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.
15. It may be observed here that as per the above said report waste water sample was collected from the culvert by CPCB team and laboratory analysis result showed pH - 7.3, Total solids- 3688 mg/l, COD- 1027 mg/l, BOD- 506 mg/l and TSS- 667 mg/l. As per the information provided by Regional Officer, Moradabad of Uttar Pradesh Pollution Control Board (UPPCB), the drain is entering Rampur city from Bilaspur gate, which is about four kilometer in the upstream of the sampling location. The drain carries sewage from Bilaspur gate colony, Pahari gate colony, Bamroha and other surrounding colonies and as informed by UPPCB, there is no industrial discharge in the drain. The drain was found covered with surface vegetation at many places and subsurface flow was observed at these places. As per analysis result, the pH value (7.3) was found in the neutral range i.e. 6.5 - 8.5, which does not match with the claim of discharge of chemical acidic effluent by M/s Radico Khaitan Ltd. in drain as mentioned in the complaint. As per physical observation during visit, no sense of odour and colour, which are typical characteristics of the effluent from the Distillery unit was felt by the team and no pipeline was visible to the team near the culvert. However, the other physicochemical characteristics i.e. BOD (506 mg/L) and COD (1027 mg/L) in the sample collected from the drain do not match with the typical characteristics of sewage (values are on higher side), and indicate discharge from trade/industrial activities alongwith sewage. The ground water at Hitachi bio- composting site (Piezometer no. 02) and Ajeetpur bio-composting site (Piezometer- 02, 03, 04 and Hand-pump) were found contaminated in terms of COD.
16. It is also pertinent to observed that as per the CPCB report monitoring result of ambient air quality monitoring carried out near Chairman Guest house of unit (Upwind side - 500 metres from stack), concentration of NO2, SO2 and PM10 was found as 41.83 µg/m3, 04 µg/m3 and 263.33 µg/m3 respectively against notified national ambient air quality standard of 80 µg/m3 , 80 µg/m3 and 100 µg/m3 as notified vide Gazette dated 18.11.2009 under the Air (Prevention and Control of Pollution) Act, 1981. As per the monitoring result of ambient air quality monitoring carried out near staff guest house of unit (Downwind side - 700 metres from stack), concentration of NO2, SO2 and PM10 was found to be 38.83 µg/m3 , 08 µg/m3 and 297 µg/m3 respectively against the O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-60-
notified standard of 80 µg/m3 , 80 µg/m3 and 100 µg/m3 as notified vide Gazette dated 18.11.2009 under Air (Prevention and Control of Pollution) Act, 1981. The UPPCB is directed to monitor the air quality within the premises of the Project Proponent and surrounding area and inventories the source of pollution and take remedial measures.
17. The CPCB has recommended that UPPCB may carry out the inventorization of the pollution source of the drains and groundwater and take measures for control of pollution. The CPCB has also recommended that UPPCB may carry out air ambient quality monitoring and prepare air quality management plan for the Industrial Area at Rampur, Uttar Pradesh.
18. In view of the above referred observations and recommendations UPPCB is directed to inventories the pollution of the drains and take measures for control of pollution. UPPCB is directed to file action taken report regarding compliance with recommendations made by CPCB within two months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF."
13. This Tribunal in its order dated 04.10.2023 observed that the Project Proponent in its affidavit has attached copy of compliance report sent to UPPCB and has not filed any independent compliance status report in tabular format giving requisite details. In the affidavit, there was no mention of CSR/CER activities carried out by the Project Proponent. Learned Counsel for the Project Proponent sought time to file additional affidavit for compliance with respect to the aspects mentioned in order dated 04.10.2023. Additional affidavit was directed to be filed by the Project proponent within two months specifically mentioning compliance status with respect to the abovementioned aspects as well as the recommendations made by the CPCB in its report with requisite details.
Report filed by UPPCB vide email dated 16.01.2024
14. In compliance of order dated 04.10.2023, report (pages no. 435- 467 of the paper book) was filed by UPPCB vide email dated 16.01.2024. The relevant part of the report filed by UPPCB reads as under:
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-61-
"The status report in compliance of the order passed on 04/10/2023 by Hon'ble NGT New Delhi in OA no. 152/2022 Ghanshyam Singh Pasi V/s State of U.P. & Ors.
X X X X
The report is as under:
1. M/S Radico Khaitan Ltd, Rampur is a distillery for the production of Alcohol by using the Grain and Molasses as raw material. At present the industry is operating on both mode. The present production is approx 230 KLD on dual mode. The unit has obtained the CTO under Air & Water Acts which are valid upto 31-12-2026. The production capacity on dual mode is 374 KLD.
2. The grain wash/effluent is being concentrated with MEE and the condensate is being treated through CPU (5000 m³/day capacity). The sludge/thick syrup after decantation is being used for cattle feed as DDGS & DWGS.
3. The molasses based spent wash generated from the unit is being concentrated by MEE and the condensate is being treated through CPU. The concentrated spent wash is being used for bio composting with the press mud.
4. The industrial effluent (Condensate etc.) is being treated in CPU followed by RO system and the treated effluent is being reused by the unit in cooling system and fermentation process. The RO reject water is being further treated through MEE and partially used for ash quenching. The main units of CPU are- Equalization Tank, Anarobic Digestor, Aeration Tank, Clarifier, HRSCC clarifier, Ultra Filteration, Reverse Osmosis. The log books are being maintained by the unit.
5. The CO₂ is being recovered by CO2 recovery plant and being sold out as dried CO2.
6. The total area of bio compost yard is approx 58 Acre. There are two bio composting sites named Hitachi (35 Acre) and Ajitpur (23 Acre) sites.
7. There are two spent wash storage lagoons with the total holding capacity is 25000 m³. The capacities of storage lagoons are 3500 m³ and 21500 m³ at Hitachi and Ajitpur sites respectively.
8. At the time of inspection the spent wash was stored 1200 m³ and 6700 m³ at Hitachi and Ajitpur sites respectively. The PTZ cameras are installed at the lagoons & connected to the servers of UPPCB and CPCB for real time data.
9. The leachate collection pits are available at both sites, after collection of leachate in the pits; the leachate is being used for bio composting. The total concentrated spent wash is being used for bio composting by the unit. Hence the unit is following Zero Liquid Discharge system.
10. The GI pipelines have been replaced with HDPE/PVC pipelines of all the peizometeric wells and the unit has constructed RCC platform around all the peizometeric wells. The heights of pipelines have been extended upside 1.5 m from the ground level.
11. All the rain water harvesting pits previously constructed in bio compost areas have been now permanently closed.
12. The treated water of STP is being used by the unit for horticulture & dust suppression.
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-62-
13. There are three boiler installed in the unit of capacity 65 TPH, 30 TPH, 26 TPH. The 65 TPH Boiler is in operation and others are standby. The ESP is attached as APCS with 65 TPH boiler along with 65 m high stack. The ESP is attached as APCS with 30 TPH boiler along with 45 m high stack. The fuel are used as bio gas/coal/rice husk/wood chips in these boilers. The 26 TPH boiler is based on bio gas fuel. The height of stack is 45 m from ground level.
14. The stack monitoring was carried out in M/s Radico Khaitan Ltd., Rampur attached to the boiler of capacity 65 TPH. The PM was found 35.68 mg/Nm³, which meets the standards i.e. 150 mg/Nm³.
15. The fly ash generated from the boiler is being utilized for Bio Composting with the press mud.
16. There is only one major drain in Rampur city named Rampur drain. In this drain the major source of pollution is domestic sewer. The sewer from the Bilaspur Gate Colony, village Pahadi, Bhamraua, main city & other colonies surrounding of M/s Radico Khaitan Ltd. discharged through this drain & after travelling approx. 30 KM it merged into Kosi River and the Kosi River merged into River Ramganga near Shahbad Town.
17. There are three STP's installed in Rampur city for treatment of the sewage. The STP's are 5.0 MLD, 14.0 MLD and 15.0 MLD. At present only two STP's i.e. 5.0 MLD & 14.0 MLD are in operation and the treated sewage is being discharged into Kosi River. 5.0 MLD & 14.0 MLD STP's are conforming the standards. Another STP of 15.0 MLD capacity is not operational due to the lack of tapping of the drains. Hence approx 15.0 MLD untreated sewage is being discharged into the Rampur drain. Therefore the quality of water of the drain is adversely affected. These STP's are being operated by the department of UP Jal Nigam, Rampur.
18. There are two Grossly Polluting Industry located in Rampur city i.e. M/s Fair Exports India Pvt. Ltd. & M/s Radico Khaitan Ltd.
19. M/s Fair Export India Ltd. (Slaughter House) has valid consent obtained from the Board and having adequate ETP. The treated effluent is being reused for washing purpose and rest is used for irrigation on their own land on plantation based on Karnal Technology. There is no discharge outside or into any drain. Regular monitoring is being done of the unit by UPPCB, the unit is complying the norms.
20. The vegetation near culvert of the drain situated near Hitachi site, bio composting site was cleaned up by the PP. The inspection was done of the site and there was no pipeline observed near the culvert of drain. It is to be mentioned here that this point is approx 200 meter from the Hitachi site bio composting yard. The point of the drain is located in u/s of the bio composting yard. Hence there is no possibility of discharging the effluent into any drain.
21. The samples were collected and analysed in the UPPCB lab from the drains at following points -
1. Rampur drain near M/s Fair Export India Pvt. Ltd., Ahmad Nagar Pahadi, Rampur.
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-63-
2. Rampur drain at Bilaspur road upstream of M/s Radico Khaitan Ltd. (Approx 1.0 Km).
3. Rampur Drain near Ajitpur bio compost yard.
4. Rampur Drain near Shahbad road (NH 24) d/s of M/s Radico Khaitan Ltd., Rampur.
5. Drain near Hitachi bio composting site near village Tashka.
The results are as under -
Sr. Sampling Point pH Color BOD COD TDS TSS TS
No. (mg/l) (mg/l) (mg/l) (mg/l) (mg/l)
1 Rampur drain 7.21 Turbid 80 192 780 62 842
near M/s Fair
Export India
Pvt. Ltd.,
Ahmad Nagar
Pahadi,
Rampur
2 Rampur drain at 7.13 Turbid 90 208 810 58 868
Bilaspur road
upstream of M/s
Radico Khaitan
Ltd. (Approx 1.0
Km)
3 Rampur Drain 7.10 Turbid 95 224 880 78 958
near Ajitpur bio
compost yard
4 Rampur Drain 6.98 Blackish 70 176 680 48 -
near Shahbad
road (NH 24) d/s
of M/s Radico
Khaitan Ltd.,
Rampur
5 Drain near 7.89 Turbid 75 192 660 72 732
Hitachi bio
composting site
Near Village
Tashka
Observation - There are no reflection of any industrial effluent in above samples. According to the above characteristic seems due to sewage in the drain. Regarding the proper treatment of the sewage generated from the Rampur city, UPPCB, Moradabad issued the direction vide letter no. 1815/S-13/General Dated 28- 12-2023 to U.P. Jal Nigam, Rampur (Copy enclosed).
22. The samples of ground water were collected and analyzed from the following points-
Sr. Sampling pH Colour TDS TH CA++ Mg++ Cl Cond. Turb.
N Point (mg/l) (mg/l) (mg/l) (mg/l) (mg/l) (μS/cm) (NTU)
1 Shallow 7.52 Colour 320 428 284 144 8 760 3.72
Pump, less
Hitachi
Lagoon
2 Piezometer 7.34 Colour 410 300 198 102 4 820 3.14
Hitachi Bio less
Compost
Yard
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-64-
3 Piezometer 7.45 Colour 360 350 224 126 6 789 2.62
Hitachi Bio less
Compost
Yard
4 Piezometer 7.34 Colour 390 284 158 126 10 752 2.58
Hitachi Bio less
Compost
Yard
5 Piezometer 7.41 Colour 430 336 228 108 3 812 3.91
Hitachi Bio less
Compost
Yard
6 Handpump 7.38 Colour 380 444 314 130 12 786 2.78
Ajitpur Bio less
Compost
Yard
7 Piezometer 7.34 Colour 370 304 184 120 - 764 3.81
Ajitpur Bio less
Compost
Yard
8 Piezometer 7.45 Colour 420 328 226 102 9 798 3.46
Ajitpur Bio less
Compost
Yard
9 Piezometer 7.50 Colour 380 340 218 122 11 782 2.98
Ajitpur Bio less
Compost
Yard
10 Piezometer 7.46 Colour 400 372 252 120 10 819 3.82
Ajitpur Bio less
Compost
Yard
Acceptable 6.5- 2000 600 200 100 1000 Not 5.0
Standards 8.5 - specified
Prescribed 500 200 75 30 250 1.0
Standards
Observation - The parameters of Calcium and Magnicium are slightly higher than the standards due to geogenic conditions. Over all parameters meets the standards.
23. The stack monitoring was carried out of 65 TPH boiler installed in M/s Radico Khaitan Ltd. The results are as under-
Sr. Sample points PM (mg/Nm3)
No.
1 Stack-Boiler of 65 TPH Capacity 35.68
Prescribed Standards 150
Observation- The parameters of the above sample found within prescribed standards.
24. The Ambient Air Monitoring has been done by UPPCB on dated 30-11-2023 at the following points- O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-65-
1. Radico Khaitan Ltd. roof of guest house, near main gate (Near NH-9).
2. Radico Khaitan Ltd. near cooling tower, near judges road.
3. Radico Khaitan Ltd. near blending department, near judges road.
The results are as under -
Sr.No. Monitoring Sulphar Nitrogen Particulate
Location Dioxide dioxide Matter PM10
(μg/m3) (μg/m3) (Less than 10
Micron)
(μg/m3)
1 Radico Khaitan 14.00 23.00 122.09
Ltd. Roof of
Guest House
2 Radico Khaitan 16.00 25.00 142.80
Ltd. Near Cooling
Tower
3 Radico Khaitan 18.00 26.00 148.43
Ltd. Blending
Department
Prescribed Standards 80 80 100
Apart from that the Ambient Air Monitoring was carried out on 07-12-2023 at following points outside the unit premises -
1. Atal Park, NH-9, Rampur-Bareilly Road, Panvariya, Rampur.
2. Radico Khaitan Ltd. MD House, Nainital Bypass, Judges Road, Rampur.
The results are as follows -
Sr.No. Monitoring Sulphar Nitrogen Particulate
Location Dioxide dioxide Matter PM10
(μg/m3) (μg/m3) (Less than 10
Micron)
(μg/m3)
1 Atal Park, NH-9, 16.00 26.00 171.74
Rampur-Bareilly
Road,
Panvariya,
Rampur
2 Radico Khaitan 15.00 24.00 159.44
Ltd. MD House,
Nainital Bypass,
Judges Road,
Rampur
Prescribed Standards 80 80 100
Observation - The values of PM are slightly higher than the prescribed limits because these points are located near the National Highway/Roads and there is regular traffic on the roads. The sources of Air Pollution in the industry are the boilers installed in the industry and the parameters found within the prescribed standards of the boiler stack of the unit. O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-66-
The unit is regularly using the treated water from STP for the dust suppression on the roads for controlling the Ambient Air Quality. Apart from this UPPCB, Moradabad Issued the directions to Executive Officer, Nagar Palika Parishad, Rampur vide letter no. 1816/NPP-08/General dated 28-12-2023 regarding water sprinkling and road dust sweeping for abatement of ambient air pollution of the city (Copy enclosed).
25. The samples of CPU & STP were collected and analysed from the following points -
Sr. Sample Points pH BOD COD TDS TSS TS
No. (mg/l) (mg/l) (mg/l) (mg/l) (mg/l)
1 Outlet of CPU 7.48 12 96 150 8 158
(Radico Khaitan
Ltd.)
2 Outlet of STP 7.76 18 92 640 14 654
(Radico Khaitan
Ltd.)
Prescribed Standards 5.5- 30 250 2100 100 -
9.0
Observation- The parameters of the above samples found within prescribed standards.
Conclusion- As above it was observed that the parameters of Ambient Air Quality of the unit and surroundings of the unit seem slightly higher than the prescribed standards due to vehicular movement on the roads. There are no other sources of air pollution other than the boiler of the unit and the traffic. The parameters of emission from the boiler found within prescribed limits. The unit M/s Radico Khaitan Ltd. is regularly sprinkling the treated water of STP for the dust suppression. It was also observed that no industrial effluent is being discharged into the drain. The quality of the water of drain is affected adversely due to the disposal of untreated sewage of the city."
Reports dated 19.01.2024 and 03.04.2024 filed by CPCB
15. In compliance of order dated 04.10.2023, report dated 19.01.2024 (pages no. 468-487 of the paper book) was filed by CPCB vide email dated 19.01.2024 (which is not reproduced here) mentioning therein that the results of the analysis reports were awaited. On receipt of the results of the analysis reports, CPCB filed report dated 03.04.2024 (pages no. 678-700 of the paper book) by incorporating the results and further additions/modifications. The relevant part of the additional report filed by CPCB reads as under:-
"Inspection report in compliance to Hon'ble National Green Tribunal order dated 04.10.2023 in Original O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-67-
Application No. 152/2022 in the matter of Ghanshyam Singh Pasi vs State of U.P. & Ors.
X X X X
2. Compliance status of the order of Hon'ble NGT dated
04.10.2023 2.1 In the report it has been mentioned that the location was unapproachable and thereafter correctness of the averments made by the applicants in this regard cannot be said to be verified. In the report no reason was mentioned as to why the location was un- approachable and what further action was required to be taken to verify the correctness of the averments made by the applicant.
During the earlier inspection carried out by CPCB team on 17.04.2023, the team along with the complainant visited the said drain (Lat. - 28.77633; Long - 79.04598) which is located approximately 200 meters away (aerial distance) from the unit (Hitachi biocompost site) near Tashka village. The said location was unapproachable in the sense that the site was covered with bushes, grass and water hyacinth. However, wastewater sample was collected from the culvert by CPCB team using bucket and laboratory analysis result showed pH - 7.3, Total solids- 3688 mg/l, COD- 1027 mg/l, BOD- 506 mg/l and TSS667 mg/l. The report of said inspection has been filed in 21.07.2023 (Photograph no. 1) In compliance to NGT order dated 04.10.2023, CPCB team revisited the drain (Lat. - 28.77633; Long - 79.04598) on 12.01.2024 and the location was found clear from any kind of vegetation i.e. no water hyacinth and bushes were observed on the surface of the drain.
Also, no pipeline discharging effluent was observed below the culvert as mentioned by the complainant in his hand written note dated 17.04.2023. As per physical observation, no coloured effluent was observed in the drain. (Photograph no. 2) X X X X 2.2 In its report, the CPCB has taken note of the plantation carried out by respondent no. 4 and mentioned that out of 39 acres, unit has developed green belt inside the premises in 6.78 acre of land, which is approx. 17.38% of total land area. In addition, the unit has also developed green belt in approximately 6.49 acres' area outside the industrial premises. Even though, CPCB has mentioned that the unit has total green belt area of 13.3 Acres and the details of the land have been given in report but the details regarding nature, extent, density and species of the trees and other vegetation planted in the green belt have not been mentioned.
As per the consent provided by UPPCB to the unit dated 19.09.2022 "the unit shall develop green belt in minimum 33% area of industrial premises, however the consent does not mention any guideline regarding nature, extent, density and species of the trees and other vegetation to be planted in the green belt.
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-68-The unit has developed green belt inside the unit premises, outside the unit's main gate, in the ETP area, outside the boundary wall of industry premises and in the Atal Park which is located outside the industrial premises. The unit has also developed green belt at Hitachi bio-compost site and Ajeetpur bio-compost site. At Hitachi bio-compost site, the unit is following Miyawaki technique for tree plantation.
The unit representative informed that the unit has total industrial area of around 39 acres, in which grain based plant, molasses and bottling plant has been commissioned. The unit has developed green belt inside the premises in 6.78 acre of land, which is approximately 17.38% of total land area, however due to lack of space inside the premises, in addition to the above, the unit has also developed green belt outside the industrial premises in approximately 6.49 acres. As per the information provided, the unit has total green belt area of 13.2 Acres.
The total extent (area) of vegetation/plantation in and around the unit is approx. 13.27 acres (53069 m2), wherein the area inside the premises of unit is approx. 6.78 acres and that outside the premises are 6.49 acres. Area under plantation is approx. ~17% of the total area of the unit. It was observed that sign boards mentioning that the green belt "planted and maintained by M/s Radico Khaitan Ltd., Rampur" were placed near the green belt outside the premises of the unit. Pic no. 6 also depicted the same.
Species composition used for green belt development consists of mixed type vegetation, mostly of deciduous nature. The population of trees comprise of mainly ornamental, fruiting trees, timber species, and other forest vegetation (including weeds) & grasses.
The density of plantation, outside the premises, is maintained with inter-plant distance of 01 to 03 m. Miyawaki method of plantation is used inside the premises with a density of 03 plants on 01 m x 01 m area. As informed by unit, total number of trees (inside and outside premises) is approx. 16,000, which makes the average density as 03 plants per meter square of the planted area. The details of the total green area and species have been listed in the following table.
Table 1; Total green area and species
S. Description Length Width Area Species Density
No. of Area (M) (M) (Sq.M)
1 Atal Park to 1400 3 4200 Neem, Peepul,
New kadam,
Roadway Banyan,
(Left Side) Mulberry,
2 Atal Park to 1400 3 4200 Teak,
New Sahajan,
Roadways Kaner,
(Right Side) Frycus,
Total in (Sq.Mtr.) 8400 Alastonia,
Total in (Acre) 2.10 Bolltebrush,
Attached to premises Mehndi,
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-69-
3 Atal Park to 950 6 5700 Bamboo,
GSP (Left Indian
Side Gooseberry,
towards Pilkhan,
plant) croton
4 End of GSP 1100 3.5 3850 Eucalyptus,
Plant to Hibiscus,
Nainital Bougainvillea,
Road (Left Arikapam,
Side) Guava,
5 Atal Park to 2000 4 8000 Kadipatta,
Nainital Night 01 to 03
Road (Right Jasmine, meter
Side) Burflower, as per
Total in (Sq.Mtr.) 17550 Mango Royal plant
Total in (Acre) 4.39 Poinciana species
In Premises (Gulmohar),
6 Main Gate 240 4 960 Amaltash,
of Security Lagerestonia,
Office Champa,
7 Admin Blocl 50 6 300 Peach,
8 Colony Area 225 25 5625 Naspati,
(Officers) Litchi, Red
9 Colony Area 125 25 3125 gulmour,
(Staff) Ashok,
10 RKTC Lawn 95 45 4275 Conorpus,
Mogra,
11 MRP Area 785 5 3925
Inermi,
12 GSP Main 180 3 540
Kamni,
Road from
Ticoma, Fycus
RDL (Left
Panda,
Side)
Chandni,
13 GSP Main 84 3 252
Drasena Pam,
Road from
Golden
RDL (Right
Duranta, Red
Side)
Iresin,
14 GSP (Near 35 3 105
Bamboo,
CO2)
Phoenix Pam,
15 Printing 60 2 120 Tun, Pusha
(Side 1) selection no 1
16 Printing 30 3 90 grass, Madhu
(Front) malti, Bogan
Villia,
Clorodandrum
Splendes,
Vernonia and
other forest
vegetation
and grass.
Neem,
Amrood,
Peppul,
Bargad,
Naspati,
Shatoot,
Shajan,
Kaner, Lemon
Grass, Sagon,
ukliptis,
Gudhal, Bottle
brush, arika
pam, Jamun,
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-70-
Sudershan
lili, Rahibs
pam,
Calendra,
Dense Pilkhan,
Foresting, Kachnar, 03
Miyawaki Shisam, plants
Forest & Goolar, Siras, in 01
Plantation bakan and mts *01
17 Area at KF 312.09 25 7802 forest grass. Mtr.
Total in (Sq.Mtr.) 27119
Total in (Acre) 6.78
Grand Total Green Belt 53069
(Sq.Mtr.)
Grand Total Green Belt 13.27
(Acre)
X X X X
2.3 CPCB is directed to look into the averments regarding discharge of effluent through pipeline in composting area; Permissibility of rain water harvesting in composting area; stoppage of discharge of waste water in piezometric well; Utilization of treated STP water for horticulture; and other activities; and generation and disposal of fly ash by the project proponent.
a) Discharge of effluent through pipeline in composting area The unit has two sites for bio-compost process. The unit is having 05 numbers aero tiller machines for spraying, mixing, turning of bio-compost material. The unit has installed 02 web cameras each for bio-compost yard 1 and 2.
The total area available at both Bio-compost yard site is 58.88 Acres. Out of 58 acres, 25 acres of land is covered where five cycles of bio-compost per annum can be carried out. The remaining 33 acres of land is open/uncovered where four cycles of bio-compost per annum can be carried out.
CPCB team visited the bio-compost yards located at Hitachi and Ajeetpur site and the following observations were made:
i. Bio-composting activity was being carried out including spraying of concentrated spent wash and aero tilling as per SOP. ii. 54 wind rows were observed at Ajeetpur site whereas 80 windrows were observed at Hitachi site.
iii. Ready bio-compost was seen to be stored in covered shed and bagging of biocompost was taking place.
iv. The shed in which bio-composting was being carried out was under repair at Ajeetpur site and all the covered shed at Hitachi site was found dismantled for repair purpose. v. No discharge of effluent through any pipeline in bio-compost area was observed by the team.
X X X X
b) Stoppage of discharge of waste water in piezometric well CPCB team visited the site where piezometric wells are installed.
The team observed that the unit has total 08 nos. of Piezometric well located at Ajeetpur site (04) and Hitachi bio-compost site (04).
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-71-It was observed that, the piezometric well pipes are fixed at about 1.0 Mtr height from ground level. All the piezometric wells were covered and were surrounded by 1.5 X 1.5 meter RCC work done. As informed, the depth of the piezometric wells is about 80 to 100 ft. This has been done in order to avoid the possibility of discharge of waste water into piezometric wells.
In compliance to Hon'ble NGT order dated 04.10.2023, to verify the quality of groundwater in piezometric wells samples were collected from the same locations where the COD values were found during the visit carried out on 17.4.23.
The analysis results of the ground water samples collected from piezometric wells on 12.01.24 are given below:
Table 2: Characteristics of Ground water samples S.No. Locations pH TDS, COD, Colour, (mg/l) (mg/l) (Hazen) BIS IS 10500:2012 (Permissible 6.5- 2000 - 15 limit in absence of alternative 8.0 source)
2. Piezometer no.1, Ajeetpur 8.0 736 11 BDL bio-compost yard
3. Piezometer no.2, Ajeetpur 7.9 770 09 BDL bio-compost yard
4. Piezometer no.3, Ajeetpur, 8.0 602 07 BDL bio-compost yard
5. Piezometer no.4, Ajeetpur 7.8 604 07 BDL bio-compost yard
9. Piezometer no.2, Hitachi, 7.8 604 06 BDL Bio-compost yard Above tabulated analysis results of ground water samples collected from piezometric wells located in both Bio-compositing sites of M/s Radico Khaitan Ltd showed low COD values (6-
11mg/l).
X X X X
c) Permissibility of rain water harvesting in composting area Earlier the unit had 02nos. of water collection pits at Ajeetpur site and 08 nos. of water collection pits at Hitachi site. The rain water coming from the roof of polysheds fixed in bio-composting yard at the height of about 20 feet channelized through separate pipelines fitted at poly sheds directly going into the pits meant for ground water recharge. The unit representative informed that the practice was discontinued due to noticeable improvement in the groundwater level in the said area which at present is less than 3.0 meters from the ground level.
CPCB team visited the bio-compost yard located at Hitachi and Ajeetpur site and it was observed that all the pits and pipelines constructed for collecting rain water were dismantled. (Pic-8) X X X X
d) Utilization of treated STP water for horticulture; and other activities O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-72-The unit has installed a Sewage Treatment Plant (STP) of capacity 120 KLD for treatment of sewage generated from the households present inside the factory premises. The STP was found operational during inspection.
The unit has installed flow meters (with totalizer) at inlet and outlet of STP. The sewage treatment scheme consists of holding tank-cum- pump sump, Biological treatment (activated sludge process), settling tank, holding tank cum chlorination tank, Pressure Sand Filter (PSF) and Activated Carbon Filter (ACF). STP receives wastewater from overflow of 06 nos. of septic tanks, from the industry guest house and other utility areas within unit premises. The unit has installed electromagnetic flow meter at the inlet and out of STP.
Flow meter readings at the inlet & outlet of STP:
At inlet of STP: totalized reading was 200065.74 m3 flow rate of 0.00 m3/h At outlet of STP: totalized reading was 202081.04 m3 flow rate of 0.00m3/h During visit it was observed that the treated water from the STP was being used in horticulture. As informed by unit representative, about 27% of the treated wastewater from STP is used for horticulture activities in the green belt area developed inside, outside and near boundary wall of the unit and the rest 73% of the STP treated water is discharged into Rampur municipal drain.
The team collected the data of STP for the duration of 1.12.2022 to 11.01.2024. The details are mentioned below;
Month Days STP STP Treated Treated
Inlet outlet water used water
(m3) (m3) in discharge
Gardening to Drain
(m3) m3
Dec, 2022 31 2991 2984 871 2113
Jan, 2023 11 1093 1088 273 815
Total 4084 4072 1144 2928
Average (m3/day) 97.23 96.9 27.2 (27%) 69.7 (73%)
As per the consent, the daily quantity of treated domestic sewage discharge is 120 KLD and the treated sewage to be used in gardening as far as possible. The data indicates that STP is receiving about 97.23 m3/day of average sewage against the consented capacity of 120 KLD.
Samples were collected from the collection tank (inlet) and outlet of STP and analysis results are presented below:
Table 2: Analysis results of samples collected from STP Sr. No. Sample Location pH COD (mg/l) BOD (mg/l) NO3-N (mg/l) 1 STP Inlet 7.0 107 31 6.8 2 STP Outlet 7.1 93 13 10.1 Standards mentioned in 5.5 - - 30 -
CCA issued by UPPCB on 9.0
19.09.2022
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-73-
As per the results the STP was found complying w.r.t. notified norms.
e) Generation and disposal of fly ash by the project proponent
1. As per CTO dated-19.09.2022 issued to unit, the details of boilers are as below:
No. Capacity Type of fuel
1 30 TPH Rice Husk, wood chips
2 26 TPH (non-operational) Bio gas
3 65 TPH Rice husk, coal, wood
chips
Specific Condition No 10 in the CTO dated-19.09.2022:
Fly ash shall be stored separately as per CPCB guidelines so that it should not adversely affect the air quality, becoming air borne by wind or water regime during rainy season by flowing along with storm water. Direct exposure of workers to fly ash & dust shall be avoided.
Rice husk as well as coal are used as fuel in boilers with monthly consumption of rice husk & coal as 6033 MT, the ash generated from boilers are collected in ESPs and stored in respective ash silos, the stored ash from silos are wetted and transported in covered trolleys for use in landfills/bio composting sites and the ash stored in silo are provided to local farmers (on request basis) for agricultural purposes. Fly ash was found stored on agricultural land near to the Hitachi bio-compositing site for use in agriculture purpose.
The team collected the data of Ash generation and Disposal for the duration of 1.12.2022 to 11.01.2024. The details are mentioned below;
Month Fuel Ash Ash Ash used Ash used in
Consumption Generation Generation in in Bio-
(Rice/ Coal) MT (MT) Land filling Agriculture composting (MT) (MT) (MT) Dec, 6033 1025.61 766.87 133.33 125.41 2023 11 2336 397.15 290.43 59.57 47.15 Jan, 2024 During the visit to bio-composting sites of the unit, temporary ash storage was observed at for mixing with final bio-compost. As informed by unit representative that ash equivalent to approx.
12% (by weight) of ready compost is mixed in the final compost.
As per MoEF&CC gazetted notification dated 31st December, 2021, ash generated from coal, lignite based thermal power plant can be used in agriculture in a controlled manner based on soil testing'. However, the unit did not provide information on such controlled manner use in agriculture based on soil testing.
X X X X
3. Suggestive Measures
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-74-
1. The unit shall adopt roof top rain water harvesting/recharge in its premises.
2. The unit shall undertake necessary protection measures to ensure prevention of ground water pollution.
3. The leachate collected in garland drain shall be utilized in bio-composting or treated through MEE.
4. The unit shall use ash for filling of low lying areas with prior permission of the State Pollution Control Board for approved projects.
5. The unit shall use fly ash on agriculture land in a controlled manner based on soil testing.
6. The unit shall consult a reputed agricultural institute to examine the benefit of blending ash in the ready compost and to seek advice about the information / instruction about soil testing required, which may be printed on the packaging of compost due to this blending.
7. The unit shall keep monthly records of ash generation and utilisation of ash in different avenues/uses permitted under Ash Notification 31.12.2021 with details of quantity of ash utilised in different avenues/uses with particulars of the land/fields where ash is applied for filling low lying area and agriculture purpose so that it can be verified by enforcement agency.
8. The transportation of ash should be done in wetted condition in vehicles covered with tarpaulin of suitable thickness.
9. The unit should ensure proper storage of ash within plant and at bio-compost sites to prevent air borne by wind / mixing with storm water."
16. Additional affidavit dated 21.01.2024 (pages no. 488-677 of the paper book) was filed by respondent no. 3-M/s Radico Khaitan Ltd. vide email dated 22.01.2024. In its reply, respondent no. 3-M/s Radico Khaitan Ltd. gave tabulated details of compliance status of conditions in CCA dated 19.09.2022 and various sustainability measures-recycling of glass bottles, reducing carbon footprint, plastic waste, tree plantation and Radico-Art of Living's Bhujal Shakti Project and expenses incurred on CSR/CER activities undertaken by respondent no. 3-M/s Radico Khaitan Ltd.
17. Vide order dated 23.01.2024, respondent no. 3-M/s Radico Khaitan Ltd. was granted time to file additional reply within two months which period was again extended vide order dated 04.04.2024. O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-75-18. Additional affidavit (pages no. 701- 894 of the paper book) was filed by respondent no. 3-M/s Radico Khaitan Ltd. vide email dated 29.04.2024. The relevant part of the affidavit reads as under:
"ADDITIONAL AFFIDAVIT ON BEHALF OF RESPONDENT. M/S RADICO KHAITAN LIMITED (PROJECT PROPONENT X X X X
2. That at the outset it is submitted that the answering respondent has filed Affidavit dated 30.09.2023 and Additional Affidavit dated 22.01.2024 pursuant to the direction of this Hon'ble Tribunal given in orders dated 26.04.2023 and 04.10.2023.
3. It is submitted that as per reports filed by CPCB and UPPCB no substance was found in the allegations made against the answering respondent in the complaint letter submitted to the Hon'ble Tribunal.
4. That in terms of order dated 23.01.2024, the present Additional Affidavit is being filed on behalf of Answering Respondent making submissions with respect to the suggestive measures given in the reports of CPCB filed on 03.04.2024 and 19.01.2024 and the Report of UPPCB filed on 16.01.2024. Additional details and submissions regarding compliance with consent conditions are also given in this Affidavit.
5. Green Belt Area:
(i) As per Condition given in the Consent Order dated 19.09.2022, the Unit is required to develop Green Belt in 33% area of the industrial premises. This Condition was prescribed for the first time in the Consent Order dated 19.07.2019 by referring to the Office Memo dated 16.02.2018 issued by UPPCB by which for the first time the above condition of 33% green belt was prescribed in the Consent Orders. As per above Office Memo dated 16.02.2018, as per protocol prepared by department, industrial units may carry out green belt plantation in industrial plots, community land, abandoned mine lands, in sanitary landfill sites i.e. in the area not necessarily within the premises of the industrial plant. Copy of the Office Memo dated 16.02.2018 along with its translation is annexed hereto and marked as ANNEXURE-
A. [Pg. 19 to 43]
(ii) That the Industrial unit of the Answering Respondent was set up in 1943 when the environment was clean and the same continued to be like that for many years thereafter. Like Answering Respondent, many old industrial units did not have spare land to develop green belt by covering 33% of land inside their industrial premises.
(iii) That soon after the above said Office Memo dated 16.02.2018, on realising and keeping in view the non- availability of land inside the industrial plants of those industries which were established many years ago, Govt. of U.P. (Department of Environment) issued an Office Memo O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-76-dated 13.03.2018 which listed various methods for controlling pollution and carbon emissions generated by industrial units and building construction projects. Copy of the Office Memo dated 13.03.2018 along with its translation is annexed hereto and marked as ANNEXURE-B. [Pg. 44 to 88]
(iv) Vide above said Office Memo dated 13.03.2018, apart from recommending use of biofuel by the industrial units to control the pollution and carbon emissions about which detailed submissions will be made in the later part of this Additional Affidavit, Govt. of U.P. (Environment Department) laid down the mechanism for tree planation and greenbelt development by those old industrial units like the Answering Respondent who did not have land for the sizable plantation/green belt development within their industrial units/plants. The industrial unit run by the Answering Respondent was started in 1943 when the environment was clean and need for green plantation in a large area inside the industrial premises was not felt either by the industries or by Regulatory Authorities.
(v) As per the mechanism given in above said Office Memo dated 13.03.2018 for industries not having land within their industrial units for green belt development, the concerned District Magistrates through their official representatives would identify such industries who would be directed to do green plantation compulsorily on the community land. For such work of green belt development, the Answering Respondent has always been and would be ready and willing to undertake and execute on its costs the green planation development work on any land identified and allocated by the authorities mentioned in the Office Memo dated 13.03.2018 or by any other concerned authorities.
(vi) Due to non-availability of any more land space inside the industrial premises for green planation so as to meet the condition of 33% (introduced for the first time the Consent Order 19.07.2019) the Answering Respondent during 2019- 20 took the initiative and undertook at its own costs the works of tree plantation and green belt development at five different locations which are around and near to the industrial unit (4 locations are at distance of 100 mtrs and one about 500 mtrs. from the industrial unit) on a total area of land measuring about 25,950 Sq. Mtrs. For the above works, Answering Respondent incurred a cost of about Rs. 17,00,000/- Since 2019-20, the above green belt on the above locations has been maintained by the Answering Respondent at its own costs which comes to approximately Rs. 22,80,000/- per year. Answering Respondent till date has spent approximately Rs. 2 crores 63 lakhs towards development of green belt. Photographs of the above green development work done are given at Pg. No. 129 to 135 of the present affidavit [Annexure I].
(vii) Besides other green belt development works, in July 2024, Office of District Magistrate, Rampur has allocated a land area of about 2.11 Acre to the Answering Respondent for O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-77-carrying out green plantation by Miyawaki method which is very effective as the absorption capacity of air pollution factor is 10 times more. The Answering Respondent has drawn up a work estimate for carrying out green plantation of 6000 trees by Miyawaki Method in the allotted land and it is estimated that the same would cost Rs. 7,36,020/-. The relevant correspondence exchanged between the Answering Respondent and the authorities regarding allocation of land along with translation is annexed hereto as ANNEUXRE-C (Colly.). [Pg 89 to 94]. It is pertinent to mention that the condition regarding green planation by Miyawaki method was introduced for the first time in the Consent Order dated 19.09.2022 in terms of communication dated 13.10.2021 issued by the Govt. of U.P. Copy of the Communication dated 13.10.2021 along with its translation are annexed hereto and marked as ANNEXURER D. [Pg 95 to 100]
(viii) As per the contents of above said communication dated 13.10.2021 development of green plantation should be done on "available sites in the premises of the units". This implies that if there is no available site within industrial premises, green plantation through Miyawaki method can be done outside the industrial premises on the same principles and lines which are stated in Office Memo dated 13.03.2018 of Govt. of U.P. (Department of Environment) which provides for conventional green planation on community land by those industries who do not have land available in their own industrial units for green plantation. It could not have been the intention of the framers of the above Office Memo/communications to dismantle or demolish the existing built-up structure or cut down the already existing conventional green planation trees to have Miyawaki plantation within the industrial premises.
(ix) Besides above, CPCB guidelines for development of green belt provide that green belt is expected to neutralize pollutants and should be "around" industrial establishments, residential areas and roadsides. Thus, the green belt may not necessarily be inside the premises but near to the premises. Copy of the relevant extract of the CPCB guidelines for development of green belt is annexed hereto and marked as ANNEXURE-E. [ Pg. 101 to 108]
(x) Therefore, by noticing the underlying object and intent of the above referred Office Memos and guidelines and by applying the principles of purposive interpretation to the above said Office Memos of UPPCB, Govt. of UP (Department of Environment) and CPCB guidelines, for old industries like the Answering Respondent who does not have 33% of land area inside the industrial premises, the area of green plantation done by such industry outside the industrial premises should also be considered and counted while determining the compliance with green belt condition of 33% mentioned in the Consent Order.
xi) That during current financial years 2024-25, Answering Respondent has already developed more greenbelt on land O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-78-area of 2450 Sq. Mtrs. details of which are given in Annexure I and the photographs of these green belt areas are at Pg. No. 149 to 155 of the present affidavit [Annexure 1]. Vide letter dated 20.08.2024, the Respondent informed Regional officer UPPCB about completion of Miyawaki Plantation in 1300 sq.m. area which part of the above area of 2450 Sq. mtrs and at other places in the premises. Copy of letter dated 20.08.2024 is annexed hereto and marked as ANNEXURE -F. [Pg.109]
xii) As mentioned above, in July 2024 the Answering Respondent has been allocated another big land area of 2.11 acres by the District Magistrate for developing green belt through Miyawaki Method which will be completed by the Answering Respondent in about four weeks.
(xiii) As part of Vriksha Ropan Jan Andolan 2024-25, the answering Respondent has been given a target of planting 3000 saplings by the UPPCB. Copies of the letters of allotment of plantation target issued by the UPPCB along with their translations are herewith annexed as ANNEXURE- G. [Pg. 110 to 122]
(xiv) To contribute more for green development in Rampur City, the Answering Respondent vide letter dated 09.07.2024 requested the Transport authorities for permission to maintain the green belt area of about 3000 sq. mtr. around Rampur Bus Stand. Uttar Pradesh State Road Transport Corporation vide letter dated 11.07.2024 permitted the Answering Respondent to maintain the Miyawaki green belt at the Rampur bus station. Copies of the letters dated 09.07.2024 and 11.07.2024 along with their translated copies are herewith annexed as ANNEXURE-H. [Pg 123 to 126]
(xv) Total Area of the industrial premises is 39 Acres. The details of the plantations done by the Answering Respondent in and around its premises along with the pictures are herewith annexed as ANNEXURE-I [Pg. 127 to 161] As per the details of green Plantation given total green belt area developed by the Answering Respondent is 16.1 Acres (more than 33% of total area of industrial premises), out of which green belt inside the industrial premises is 4.90 Acre, whereas green belt area developed/under development by the Answering Respondent outside the industrial premises is 11.2 Acre. It may be clarified that in the details of green belt area given in CPCB report dated 03.04.2024, due to inadvertence Green Belt area of 7802 Sq. Mtrs. mentioned against Serial Nos. 17 has been shown as "in Premises" where the said green area is outside the industrial premises.
(xvi) It is further submitted that the answering Respondent to explore possibility, if any, for green plantation inside the industrial premises requested vide letter dated 20.03.2024 to District Forest Officer ("DFO") of District Rampur to inspect the premises of the plant and advise whether it is possible to plant trees by way of Miyawaki method. A copy of the letter O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-79-dated 20.03.2024 along with its translation is annexed herewith as ANNEXURE J [Pg. 162 to 163]. It is submitted that pursuant to this request the DFO visited the premises of the answering Respondent and conducted a thorough inspection of the property to determine whether plantation by Miyawaki method can be done in the premises. The DFO vide letter dated 19.07.2024 stated that Miyawaki plantation within premises is possible. However, vide letter dated 16.08.2024 the answering Respondent gave an explanation why plantation is not possible in the areas identified by DFO. It was stated that the area identified by the DFO, namely in front of the guest house lawn is used as a thoroughfare by the employees living in the guest house and their families. The guest house lawn was used for organising training for the engineers, seminars and programmes for the family of the employees. It was also used as a playground for the children of the employees. The reply of the DFO is awaited in this regard. Copies of the letter dated 19.07.2024 of DFO and letter dated 16.08.2024 of answering Respondent along with their translated copies are annexed hereto and marked as ANNEXURE -K (COLLY). [Pg 164 to 173] (xvii) The above stated facts and figures would show the sincere and ongoing efforts by the Answering Respondent for development of green belt area in and around industrial unit as well in other part of Rampur City.
6. Use of Bio Fuel to control pollution and carbon emissions in and around industrial unit
(i) Apart from making above-stated efforts to develop and maintain more and more green belt area as explained above, the answering Respondent controlling and preventing pollution by using Biofuel made from Rice Husk. As per above referred said Office Memo dated 13.03.2018 (Annexure-B) issued for control of pollution and carbon emissions generated by industrial units, apart from doing green plantation, another very effective method to reduce carbon emissions and greenhouse gases is the use of biofuel in the production process. Reduction in the carbon dioxide in the industrial complexes which is the source of pollution in the atmosphere can also be achieved by using biofuel. Use of biofuel prevents release of carbon and greenhouse gases in the atmosphere. The answering respondent is meeting 85% of its fuel requirements by using biofuel made from rice husk and is therefore substantially contributing to effective reduction in carbon emissions and greenhouse gases in the atmosphere in and around its industrial unit. To achieve the same purpose, the condition of green belt has also been prescribed in the Consent Order.
(ii) In the aforesaid manner, the prevention of pollution and reduction in the carbon emissions is being achieved by the Answering Respondent in two ways. Firstly, by using Biofuel in the production process (85% Fuel consumption in production process is being met through biofuel) which prevents release of carbon and greenhouse gases in the atmosphere. Secondly, through green belt plantation O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-80-executed inside and outside the industrial premises and other nearby locations.
The facts stated above, and the above efforts made by the Answering Respondent need to be taken into consideration while examining the issue of compliance of green belt condition mentioned in the Consent Order.
7. CSR/CER Activities (Environment related works)
(i) The answering Respondent has constituted a Sustainability and Corporate Social Responsibility (CSR) Committee in accordance with Section 135 of the Companies Act, 2013 read with Companies (Corporate Social Responsibility Policy) Rules, 2014.
(ii) The answering Respondent has undertaken Construction of 264 Recharge Shafts and Sub-surface Dyke in Rampur District under Rampur Bhujal Shakti project. Recently as per the report by CGWB "Block wise Ground Water Resources Assessment 2022", it was reported that the Saidnagar Block, where SSD has been constructed now comes under Safe ground water category which was semi critical last year. The efforts have been highlighted by the local media as well.
(iii) The details of the amounts spent by the answering respondent from its CSR funds for activities and initiatives taken for environmental sustainability and other environment related works are as under:
Table: Environment & Sustainability - Rs. In Lacs CSR expenditure 22-23 23-24 Plantation and connected activity 37.64 8.45 Water harvesting and Related activities 18.59 11.33 Animal welfare and maintaining quality of 11.84 0.96 soil and water Help for Flood Affected people 0 1.74 Total CSR amt. 68.07 22.48
(iv) It is submitted that the answering Respondent is committed to reducing carbon footprint and moving towards environmental sustainability by adopting use of renewable sources of power, biofuels, establishing a strong recycling system, tree plantation and minimising water consumption.
8. Roof Top Rainwater Harvesting
(i) Answering Respondent already has rooftop rainwater harvesting system in its premises installed in year 2015-16 and that has been functional since then. Rooftop rainwater is channelized and is used for recharging groundwater by way of 10 recharging shafts in the plant area. Pictures of the O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-81-
rooftop rainwater harvesting system installed in the premises are herewith annexed as ANNEXURE -L [Pg 174 to 177]
9. Ground Water
(i) It is submitted that as per report dated 03.04.2024 of CPCB, the analysis of the ground water samples collected from the piezometric wells located in Bio-compositing sites of the answering Respondent met the standard parameters including COD values.
(ii) As observed in the aforesaid report the piezometric well pipes in the premises of the answering Respondents are fixed at the height of about 1 mtr from ground level. Additionally, all the piezometric wells were covered and are surrounded by 1.5 mtr. X 1.5 mir. RCC structure. This helps to prevent the wastewater being discharged into the piezometric wells and avoids spillage as was suggested by CPCB. Pictures of the piezometric wells are herewith annexed as ANNEXURE-M. [P 178 to 179].
(iii) It is submitted that the production process adopted and followed by the Answering Respondent ensures Zero Liquid Discharge (ZLD) level which has been confirmed by CPCB in its Report dated 17.04.2023 filed on 21.07.2023. The treated effluent from Condensate Polishing Unit (CPU) is used by the Answering Respondent in fermenter (for molasses dilution) and colling tower makeup. The robust effluent treatment process put in place by the Answering Respondent ensures there is no ground water pollution as there is no discharge of the trade effluent or wastewater on the ground/surface level.
10. LEACHATE COLLECTION
(i) In the report dated 03.04.2024, CPCB also suggests that the unit should use the leachate collected in garland drain in bio- composting or the same should be treated through MEE.
(ii) It is submitted that Leachate collected in the garland drain is being duly utilized for bio compositing. Spent wash is sprayed during the process which generates the leachate. To collect all the generated leachate, drains are provided around the periphery of Bio compost yard which is known as garland drain. This garland drain leads to leachate collection pit where collection of generated leachate takes place. After collection of leachate in the collection pits, it is recycled back through the pumps to spray in windrows so that no part leaks out of bio compost yard and is reused in the bio composting yard. Pictures of the leachate collection pit are herewith annexed as ANNEXURE-N. [Pg. 180].
11. Fly Ash storage and utilisation
(i) In the Industrial Unit of Answering Respondent, Fly Ash is generated by using biofuel (Rice husk) and Coal as fuel resources. It is pertinent to mention that 85% of fuel used in the boiler for production process is biofuel (rice husk) which ensures reduction in the pollution and substantial reduction in release carbon emissions. Coal Boiler Ash contains heavy metal such as arsenic, lead, and mercury which can be O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-82-harmful to human health and environment. This kind of Fly Ash is used in construction materials like concrete and cement. Improper disposal can lead to soil and water contamination. Approximately 35% to 40% Ash get generated from Coal Firing. Coal Ash poses more environmental and health risk due to its potential toxic contents.
(ii) As compared to the Ash generated by using coal as fuel, Biofuel Boiler Ash contain contains fewer heavy metals and toxic substances Biofuel ash can often be used as a soil amendment or fertilizer due to its mineral content which can benefit the soil health. It is considered more environmentally friendly and sustainable compared to coal ash, making it easier to manage and recycle. Approximately 12 to 15% ash gets generated from biofuel like rice husk firing.
(iii) Answering Respondent keeps monthly records/logbook of Ash generation and record of the avenues in which the Ash has been utilised.
(iv) Answering Respondent has been utilising and disposing of Fly Ash for bio composting purpose and land filling for construction works. For Land filling purpose, the Answering Respondent has been supplying through an agency hired for ensuring supply of the required quantities of Fly Ash on receiving the request from the users from different villages/areas. Some of the Villages where Fly Ash has been supplied for landfilling for construction work are Raipur, Chamura, Sahid Nagar, Jaura, Shankar Pur, Shahjad Nagar, Fazulla Nagar, Haji Nagar, Jutiya, Kemara, Motiya pura.
(v) Fly Ash is being covered and stored with requisite care and the same is transported in a wetted condition in a covered vehicle. It is ensured that Fly Ash does not get air borne though wind and does not mix with storm water. Silo with Bag Filter is used for the purposes of storing the fly ash within the plant to prevent airborne dispersion of the same. From the silo the ash is loaded into covered trollies and transported in a wetted condition while making sure that that the ash does not become airborne.
(vi) Answering Respondent has adopted the latest technology for the purposes of collection, transportation, storage and conditioning of the fly ash. The answering Respondent uses the latest PLC based dense phase ash collection and conveying system that ensures that no dust particles come out of the system. Further the answering Respondent uses an Electro Static Precipitator (ESP) that collects all of the fuel dust on its collection plates. The base wrapper system of the PLC ensured that all of the dust is collected into a close circuit. The automatic ash handling system then transfers the ash collected in the ESP bottom to the ash storage Silo.
(vii) The answering respondent uses an automatic ash conditioning system that sprays water into the collected ash to make it dense and to prevent it from being let lose in the environment.
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-83-(viii) The pictures of silos with bag filter for storage of fly ash, pictures of loading of ash into covered trolleys from silo, wetting of fly ash, electrostatic precipitator which collects fuel dust, unloading of conditioned fly ash in bio composting yard and covered with tarpaulin are annexed hereto and marked as ANNEXURE-O (COLLY) [Pg. 181 to 190]. It is submitted that due to use of some quantity of coal (15%) as fuel in the boiler, the answering Respondent since February 2024 has not been disposing off fly ash in bio-compost yard and has been disposing it for landfilling purpose for which no soil testing is required.
(ix) It is submitted that the answering respondent is using rice husk which is a biofuel in the boilers thereby reducing its dependence on fossil fuels. The total fuel requirement of answering Respondent, is met using 85.2% rice husk and 14.8% coal.
(x) Since the fly ash generated in the industrial unit of the Answering Respondent is from the use of biofuel as major source as fuel which does not contain harmful metals, which are found in the Ash generated by using Fossil Fuel, Notification dated 31.12.2021 has been used for storage and disposal of such Fly Ash which is generated by Coal or Lignite based thermal power plants unlike Answering Respondent. The above notification does not appear to be applicable to other industrial units where Fly Ash is generated from the use of biofuel. However, the Answering Respondent is taking all steps to ensure that Fly Ash generated is stored, transported and disposed of in a manner which does not allow it getting either air borne or mixed with storm water being the condition mentioned in the consent order."
19. This Tribunal considered the reply filed by respondent no. 3-M/s Radico Khaitan Ltd. to be unsatisfactory and vide order dated 19.09.2024, Tribunal granted respondent no. 3-M/s Radico Khaitan Ltd. three weeks' time to file additional affidavit giving details regarding disposal of fly ash. This Tribunal noticed that there was a general report that fly ash is being used for filling low-lying areas but details of the low-lying areas were not available and directed that the details of the low-lying area be supplied by respondent no. 3-M/s Radico Khaitan Ltd. UPPCB was also directed to give details of so called low-lying areas, measurement and quantum of fly ash store therein by filing a supplementary report within three weeks. O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-84-20. In compliance thereof, report dated 14.10.2024 (pages no. 901- 933 of the paper book) was submitted by UPPCB vide email dated 16.10.2024. The relevant part of the report reads as under:
"SUPPLEMENTARY REPORT ON BEHALF OF THE UTTAR PRADESH POLLUTION CONTROL BOARD IN COMPLIANCE OF ORDER DATED 19.09.2024 PASSED BY THIS HON'BLE TRIBUNAL X X X X
2. That in compliance of above directions of Hon'ble Tribunal, officials of Regional Office, U.P. Pollution Control Board, Moradabad inspected the premises of M/s Radico Khaitan Ltd. Bareilly Road, Rampur and the low line areas where fly ash is being filled by the unit on 28-09-2024, 02-10-2024 and 04-10- 2024. The copy of inspection report is annexed herewith as Annexure 1.
3. That during above inspection done by officials of Regional Office, U.P. Pollution Control Board, Moradabad the Distillery Unit M/s Radico Khaitan Ltd. Bareilly Road, Rampur was found operational for the production of Extra Neutral Alcohol (ENA) and other by product. The unit has 30 TPH capacity boiler (standby) and 65 TPH boiler (operational).
4. That both above mentioned boilers are equipped with individual electrostatic precipitator and adequate stack height. The fuel for operation 65 TPH boiler is bio-gas, rice-husk and coal.
5. That the Distillery unit has 02 silo of 100 MT and 80 MT capacity of fly ash storage. The fly ash is being disposed through filling in low lying areas by contractors having agreement with the Distillery Unit. The copy of agreement with the contractors and letter of demand for fly ash is attached annexure 2 and 3 of the inspection report.
6. That the unit has produced the documents of generation and disposal of fly ash during last 06 months according to that the unit has generated and disposed around 10202 MT fly ash during last 06 months. The unit has also provided data of 13 low lying areas where the above quantity of fly ash has been disposed. The total area of 29551 square meter has been utilized for filling of fly ash
7. That the unit does not have its own low lying area in the premises of distiller plant and the disposal of the fly ash is being done through contractors and for that the unit has done agreement with them.
8. That officials of Regional Office, UPPCB, Moradabad inspected the unit and low lying areas where the fly ash has been disposed and taken photographs of the site which are attached in the inspection report."
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-85-21. Vide order dated 18.10.2024, this Tribunal observed that there was no formal impleadment of respondents in the present matter and impleaded (1) State of Uttar Pradesh through Additional Chief Secretary, Environment, Forest and Climate Change; (2) Uttar Pradesh Pollution Control Board through Member Secretary; (3) M/s Radico Khaitan Ltd., Rampur, Uttar Pradesh, and (4) Central Pollution Control Board (CPCB) through Member Secretary as respondents no.1 to 4.
Vide order dated 18.10.2024, this Tribunal also observed that reply was not filed by respondent no. 3-M/s Radico Khaitan Ltd. in terms of order dated 19.09.2024 and granted three weeks further time to file the same.
Reply filed by respondent no. 3-M/s Radico Khaitan Ltd. vide email dated 20.11.2024
22. In compliance of orders dated 19.09.2024 and 18.10.2024, respondent no. 3-M/s Radico Khaitan Ltd. filed additional affidavit (pages no. 934-1116 of the paper book) vide e-mail dated 20.11.2024.
The relevant part of the additional affidavit reads as under:
"ADDITIONAL AFFIDAVIT ON BEHALF OF M/S RADICO KHAITAN LIMITED (RESPONDENT NO. 3/ PROJECT PROPONENT) PURSUANT TO ORDER DATED 19.09.2024 AND 18.10.2024 X X X X
3. That the present affidavit is being filed in pursuance to and in compliance with the directions of this Hon'ble Tribunal in its order dated 19.09.2024 and 18.10.2024.
4. It is humbly submitted that the submissions made by way of the Affidavit dated 30.09.2023 and the Additional Affidavits dated 22.01.2024 and 28.08.2024 filed by Answering Respondent are not repeated herein for the purpose of brevity and may be treated as part and parcel of the present Additional Affidavit.
5. That in terms of order dated 19.09.2024, the Hon'ble Tribunal directed the Answering Respondent to file the present Additional Affidavit with relevant details on the issue of Fly Ash storage and utilization.
6. At the outset, it is submitted that the Answering Respondent is taking all steps to ensure that Fly Ash generated is stored, transported and disposed of in a manner which does not allow it O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-86-
to get either airborne or mixed with storm water in compliance of environmental norms. It is ensured that fly ash is collected and stored with requisite care and the same is transported in a wetted condition in a covered vehicle. Silo with Bag Filter is used for the purposes of storing the fly ash within the plant to prevent airborne dispersion of the same. From the silo the ash is loaded into covered trollies and transported in a wetted condition while making sure that that ash does not become airborne. Pictures of storage and transportation of fly ash are annexed as ANNEXURE
1. [Pg. 946 to ____].
7. That the unit of the Answering Respondent had 3 Boilers in respect of which the Consent to Operate (CTO) was granted by UPPCB vide Content Order dated 19.9.2022. However, one Boiler of 26 TPH (Cogen I), has not been in use since February 2023. This Boiler was operated with only Biogas which is not a solid fuel and did not generate any fly ash from the Boiler. The other
2. Boilers ie, 30 TPH (Cogen II) uses biogas, rice husk, wood chips as fuels and 65 TPH (Cogen III) uses biogas, rice husk, wood chips and coal as fuels. Biogas at a fuel was added in terms CTO amendment letter dated 14.09.2023 for both the boilers. The latest authorizations certificates for use of above said two boilers issued by the Uttar Pradesh Boiler Inspection Department are annexed ANNEXURE 2 (Pg. 947 to 950)
8. That the maximum solid fuel consumption capacity for above referred Cogen II Boiler is 175 MT per day, and the same for Cogen III Boiler is 350 MT per day. The total consumption of solid fuel at maximum capacity for both Cogen II and Cogen III Boilers is 525 MT per day. Both the Boilers of the Answering Respondent are having facility to use available Biogas, in such case the quantity of solid fuel gets reduced depending upon the used quantity of Biogas as fuel at the relevant time.
9. That the average solid fuel consumption (rice husk and coal) for both Cogen II and Cogen III Boilers is 340 MT per day out of which approx. is 290 MT is Rice Husk (85.3% approx.) and the rest i.e. 50 MT is Coal (14.7% approx.). It is to be noted that the above stated quantity is based on the ne of solid fuel only, whereas the use of Biogas reduces the requirement of solid Fuel, consequentially, the ash generation. It is further submitted that the use of the coal as fuel in the above stated limited quantity started only from September 2023 prior to which the Answering Respondent was using only rice husk as solid fuel in the boilers.
10. That for the two boilers as enumerated above, the Answering Respondents procures Rice Husk from various suppliers throughout the year as around 30% of the rice mills reman operational throughout the year. To ensure the smooth operation of the plant, unit of the Answering Respondent maintains two- months stock in hand. This helps in preventing any supply chain disruptions and ensures that supply of rice husk as fuel remains available fuel production operations throughout the year. For the period from 01 January 2024 to 31 October 2024, the Answering Respondent procured Rice Husk from various suppliers. A month and vendor wise data from January 2024 to October 2024 in annexed as ANNEXURE 3. [Pg. 951 to ___].
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-87-
11. That after procurement of Rice Husk the same is stored in the godowns located within the plant before it is used as fuel in the boilers. Three godowns of the Answering Respondent have a total storage capacity of about 10,000 MT. Pictures of the godowns of the Answering Respondent used for storage of Rice Husk are annexed as ANNEXURE 4. [Pg. 952 to 954]
12. That the disposal of fly ash is done by contractually engaged agencies for removal of Fly Ash and shifting of the same outside plant premises Answering Respondent ensures disposal of fly ash through the contractor in a manner having no adverse impact on environment.
13. A copy of contracts with the contractors is annexed as ANNEXURE 5 [Pg. 955 to 960]. After collecting the Fly Ash from the Unit, the same is supplied by the Contractor on getting written requests from various users Details of the practice adopted by the Answering Respondent which is followed by the Contractor while disposing of fly ash is annexed as ANNEXURE 6 [Pg. 961 to 962]. Details of with generation and ash disposal from October 2023 to March 2024, and April 2024 to October 2024 are annexed as ANNEXURE 7 [Pg. 963 to 968]
14. It is submitted that Answering Respondent in October 2024 got the sample of fly ash tested from the laboratory approved by Ministry of Environment, Forest and Climate Change. The said report has been submitted to UPPCB as desired by them vide their letter dated 5.11.2024. Copy of Test shove report dated 09.10.2024 is annexed as ANNEXURE 8 [Pg. 969 to 970]
15. That the Answering Respondent from February 2024 onwards has been disposing the fly ash through the Contractor only for the land filling for construction works. Upon receiving the request from the users from different villages/areas, requisite quantity of fly ash is supplied. Few request letters, disposal receipts and Pictures of the land where landfilling for Building construction, Road construction, garden/parking/playground area and industrial filling was done are annexed as ANNEXURE
9. [P. 971 to 979].
16. It may be stated here that from October 2023 till January 2024, apart from land filling purpose, a limited quantity of fly ash was disposed of for agricultural and bio-composting purposes. Request letters of the villagers disposal receipts for such villagers and pictures where such fly ash was used for agricultural purposes from October 2023 till January 2024 is annexed as ANNEXURE 10. [Pg. 980 to 1071).
17. It is submitted that the disposal of fly ash for the above purposes has not cussed any adverse impact on the environment including the land. The same is evident from the soil test report(s) of the land areas where the fly ash was utilized for agricultural activities. The soil samples were collected by the officials of Agriculture department, State of UP, from those sites where fly ash was used by the respective landowners. As per the certificate given by President, Mruda Parikshan Prayogshala, the O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-88-
use of Fly Ash in agriculture hat positive impact. Copies of soil test report(s) of the land where the ash was utilized for agricultural activities is annexed as ANNEXURE 11. [Pg 1072 to 1103]
18. That user of fly ash for Bio composting during the period mentioned above, no adverse impact was caused. Further, it is pertinent to note that the preparation of bio compost was done in compliance of CPCB's SOP for Bio composting operation for Molasses based distilleries which provides for use of Feedstock as a combination of press mud, yeast sludge and boiler ash press mud yard...
19. Further, the Answering Respondent has been submitting its compliance reports to UPPCB including text results of Bio compost sample. For the period between October till December 2023 when Fly Ash was used in. preparation of bio-compost, the same have been found to be within prescribed parameters. Copies of few relevant Bio Compost sample reports submitted to UPPCB are annexed as ANNEXURE 12 [Pg. 1104 to 1111]
20. It is submitted that the Answering Respondent is supplying the Bio compost product to a bio fertilizer company who sells the same in the market. Pictures of the packaged product are annexed as ANNEXURE 13 [Pg.1112 1113]
21. That apart from the above, for disposal and use of fly ash by the brick manufacturers, the Answering Respondent has also recently contacted a brick manufacturing unit namely M/s Brothers Brick Kiln expressing their interest tis supply the Fly Ash generated from its boiler to them for Brick manufacturing. A copy of the letter dated 16.10.2024 is annexed as ANNEXURE 14 [P 1114 to 1115]
22. Besides the above, it is submitted that Notification dated 31.12.2021 issued by the MoEF&CC and CPCB Guidelines of 2019 are meant for storage and disposal of the fly ash which is generated by the Thermal power plants by using only coal or lignite as fuel unlike the Answering Respondent who uses rice husk as primary fuel. It may be stated that there are no environmental norms or guidelines laid down for storage and disposal of fly ash generated from these industrial units (other than thermal powers plants) which primarily use rice husk as major source of fuel in the boilers and use coal as fuel in very limited quantity. As stated above, out of total quantity of solid fuel used, about 85% in rice husk and it is only about 15% fuel requirement which is met by using coal. The fly ash generated from the combination of rice husk and coal used as fuel in the above proportion significantly different from the fly ash generated from the thermal power plants which use only coal as fuel resulting in generation of fly ash which has very different constituents as compared to those existing in the fly ash generated from the use of rice husk and coal in proportion of 85%-/15% However, it is pertinent to mention here that the disposal of fly ash by the Answering Respondent has been for purposes which are also permitted under the above notification dated 31.12.2021 meant for only thermal power plants. O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-89-
23. As per the studies conducted by different institutes and organizations working on the environment subjects, fly ash contains vital nutrients which improve soil structure, water retention, and aeration. It enhances soil fertility and crop productivity when used in controlled manner. It also promotes microbial activity in bio-composting, speeding up decomposition and providing balanced nutrients for plants. CPCB in its Comprehensive Industry Document Series (COINDS/82/2012-13) also advocated the use of rice hunk-based fly ash in agriculture, provided it meets quality standards, including low heavy metal content. Silica and potassium content in rice husk ash benefits soil conditioning, improving aeration and water retention, which are critical for crop growth. Silica-based fertilizers are especially beneficial for crops in Uttar Pradesh Crops like rice, sugarcane, wheal, maize, vegetables, pulses, benefit from improved soil structure, nutrient uptake, and enhanced resistance to stresses. Silica strengthens plant tissues improves water-use efficiency, and reduces susceptibility to diseases making it valuable for agricultural sustainability."
23. This Tribunal considered report filed by UPPCB vide email dated 16.10.2024 and in view of the deficiencies observed, vide order dated 18.10.2024 directed UPPCB to file supplementary report within three weeks.
Additional report filed by UPPCB vide email dated 20.11.2024
24. In compliance of order dated 18.10.2024, UPPCB filed additional report (pages no. 1117-1155 of the paper book) vide email dated 20.11.2024. The relevant part of the additional report filed by UPPCB vide email dated 20.11.2024 reads as under:
"AFFIDAVIT ON BEHALF OF THE UTTAR PRADESH POLLUTION CONTROL BOARD IN COMPLIANCE OF ORDER DATED 18.10.2024 PASSED BY THIS HON'BLE TRIBUNAL X X X X
2. That in compliance to the above directions passed by this Hon'ble Tribunal, the officials of U.P. Pollution Control Board, Moradabad inspected the premises of M/s Radico Khaitan Ltd. Bareilly Road, Rampur and the areas where fly ash is being filled by the unit on 06-11-2024 and 07-11-2024. The copy of inspection report dated 06-11-2024 and 07-11-2024 is annexed herewith as Annexure 1.
3. That during above inspection carried by the officials of U.P. Pollution Control Board, Moradabad the Distillery Unit M/s Radico Khaitan Ltd. Bareilly Road, Rampur was found operational for the production of Extra Neutral Alcohol (ENA) and O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-90-
other by-product. The unit has 30 TPH capacity boiler (standby) and 65 TPH boiler (operational).
4. That the fly ash is being disposed through filling in low lying areas by contractors having agreement with the Distillery Unit. The contractors have the demand letter from the owners of the land for filling of fly ash. The copy of agreement with the contractors and letter of demand for fly ash is attached annexure 2 and 3 of the inspection report dated 06-11-2024 and 07-11- 2024 done by officials of RO Moradabad.
5. That it is to mention here that the unit is disposing the fly ash in the Private Residential Lands currently (Last 6 Months data). The Photographs taken during the site inspections are attached as annexure 4 of the inspection report dated 06-11-2024 and 07- 11-2024 done by officials of RO Moradabad.
6. That the officials of RO, UPPCB, Moradabad collected the samples of 10 sites (Residential plots) where the unit has filled the fly ash in last 6 months. Copy of Analysis Chart is annexed herewith as Annexure 2.
7. That the UPPCB vide letter dated 05-11-2024 has issued direction to the unit to provide data and records regarding the compliance of the provisions of notification dated 31-12-2021 of Ministry of Environment, Forest and Climate Change, Govt. of India for disposal of fly ash. Copy of letter dated 05-11-2024 is annexed herewith as Annexure 3.
8. That it is to submit here that during inspection dated 06-11- 2024 and 07-11-2024 the fly ash was stored in the silos and during inspection fly ash was not carried out for filling in low lying areas hence the compliance of above notification could not be verified, also the unit does not presented any data during inspection regarding compliance of the provisions of notification dated 31-12-2021 of Ministry of Environment. Forest and Climate Change, Govt. of India. Considering the above the UPPCB vide letter dated 19-11-2024 has issued Show Cause Notice to the unit to provide data regarding compliance of the provisions of notification dated 31-12-2021 of Ministry of Environment, Forest and Climate Change, Govt, of India for disposal of fly ash and compliance of guidelines provided by CPCB. Copy of letter dated 19-11-2024 is annexed herewith as Annexure 4".
25. Vide order dated 21.11.2024, respondent no. 3-M/s Radico Khaitan Ltd. was granted two weeks' time to look into the report filed by UPPCB and file objections against the same.
26. Reply dated 11.12.2024 (pages no. 1156-1271 of the paper book) was filed by respondent no. 3-M/s Radico Khaitan Ltd. The relevant part of the reply reads as under:
"RESPONSE/ OBJECTIONS FILED ON BEHALF OF M/S RADICO KHAITAN LIMITED TO THE ADDITONAL REPORT /AFFIDAVIT DATED 20.11.2024 FILED BY UPPCB O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-91-
X X X X
2. That the present response/objection is being filed in pursuance to and in compliance of the directions of this Hon'ble Tribunal in its order dated 21.11.2024. It is humbly submitted that the submissions made by way of the Affidavit dated 30.09.2023 and the additional affidavits dated 22.01.2024, 28.08.2024 and 20.11.2024 filed by Answering Respondent are not repeated herein for the purpose of brevity and may be treated as part and parcel of the present Additional Affidavit.
3. That in terms of the order dated 21.11.2024, the Hon'ble Tribunal directed the Answering Respondent to file the present reply objections to the additional report dated 20.11.2024 filed by the Uttar Pradesh Pollution Control Board ("UPPCB").
4. At the outset, it is submitted that the report dated 20.11.2024 of UPPCB does not refer to/take into account our reply RKL/VPO/736 dated 18:11.2024 in the earlier letter no. H19371/C 7/Vividh 608/2024 dated 05.11.2004 issued by UPPCB. A copy of the letter dated 18.11.2024 along with annexures written by the Answering Respondent in reply to the letter dated 05.11.2924 of the UPPCB is annexed as ANNEXURE A
5. That the report of inspection team incorrectly records that during the inspection, the arrangement for disposal of fly ash generated was not found to be in accordance with the provisions of the notification dated 31.12.2021 as no disposal of fly ash was found during the inspection. However, it is submitted that since no activity of disposal of fly ash was found at the relevant time during the inspection therefore it would be incorrect to observe any non-compliance with provisions of the notification dated 31.12.2021) However, it is submitted that the notification issued by the Ministry of Environment, Forest, and Climate Change (MoEF&CC) on 31.12.2021 provides the norms for the disposal of fly ash generated by thermal power plants which use coal/lignite as fuel, whereas our unit is using substantial quantity of rice husk as fuel and a very limited quantity of coal is used as fuel only to meet the remaining fuel requirement, that too when no biogas is used in the boilers Central Pollution Control Board (CPCB) guidelines of 2019 were also issued for fly ash by thermal power plants using only co coal as fuel. It may be stated that prior to September 2023, our Unit used only Rice Husk as fuel in the boilers. It is worth mentioning that Rick husk is a form of bio-fuel which reduces carbon emissions and greenhouse gases in the environment. Our unit is meeting maximum fuel requirements by using biofuel Le, rice husk and is therefore substantially contributing to effective reduction in carbon emissions and greenhouse gases in and around its industrial unit.
6.Therefore, the fly ash generated by substantial use of rice husk as fuel with very limited ratio of coal as submitted earlier, cannot be equated with fly ash generated by using only coal as fuel by a thermal power plant. Apart from the above, it would be relevant to mention here that our Unit is disposing fly ash for the activities like building construction, road construction, parks/playgrounds, and industrial land filling which are also permissible users of fly ash under the above notification dated O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-92-
31.12.2021 meant only for the disposal of fly ash generated by coal and lignite based thermal power plants unlike our Unit. In this manner, disposal of the fly ash by our unit is not causing any adverse impact on the environment.
7. It is submitted that the plant has installed an Electro Static Precipitator ("ESP") as an air pollution control device in our both 30 TΤΡΗ & 60 ΤΡΗ Boilers and the same is being operated and maintained efficiently to ensure that the standards for emission from stacks are being met. Due to the installation and smooth functioning of the ESP, the emissions from the stack boilers have been within parameters. In this regard it may be relevant to note that during past inspections conducted pursuant to the directions of the NGT, emissions from the boilers have been found to be within parameters. UPPCB in its report dated 16.01.2024 notes that the emissions from the boilers in operation were within the prescribed parameter. Even as per the report of the UPPCB dated 20.11.2024, the quantity of pollutants emitted from Chimney was found in accordance with prescribed standards.
8. Further, the Online Continuous Monitoring System ("OCEMS") installed in all boiler stacks connected with the CPCB server also show that the emissions were within parameters. Copy of OCEMS report for the relevant period is attached as ANNEXURE B.
9. That it is submitted that the Answering Respondent has addressed letters dated 25.11.2024 to the National Highways Authority of India, Public Works Department, Moradabad Zone and the State Bridge Corporation Limited, Uttar Pradesh thus explore opportunities for fly ash utilization in government projects. These letters dated 25.11.2024 are annexed us ANNEXURE C. The Answering Respondent has since received a positive response vide letter dated 04.12.2024 to discuss further modalities for fly ash utilization and collection, annexed as ANNEXURE D.
10. Further, it is pertinent to note that UPPCB has discharged its Show Cause Notice dated 19.11.2024 vide letter dated 06.12.2024 issued to the Answering Respondent, annexed as ANNEXURE E after considering Answering Respondent's reply dated 28.11.2024, annexed as ANNEXURE F. The said Show Cause Notice which also forms part of the UPPCB report alleged non-compliance with existing rules' notification dated 31.12.2021 regarding Fly ash disposal.
11. That it is submitted that the Answering Respondent got the samples of ground water from the fly ash disposal sites analysed from an MOEF&CC approved laboratory and quality of the ground water was found to be within the prescribed parameters and no seepage of leachate in the groundwater hits been noticed or observed. The ground water reports for the areas where fly ash was supplied by the Answering Respondent are annexed as ANNEXURE G. That it is submitted that the Answering Respondent also got ground water samples analysed from areas near ash and the aforementioned fly ash disposal sites from an MOEF &CC approved laboratory, where no fly ash was utilised. The analysis reports do not reflect any variance in the contents of ground water in the nearby areas showing that no negative effects have been caused by the utilisation of fly ash for land filling in these areas. This demonstrates that use of fly ash has not caused any damage to groundwater of the site where fly ash was utilized for filling low lying areas. The ground O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-93-
water reports for the surrounding areas where fly ash was not used by the Answering Respondent along with comparison chart are annexed as ANNEXURE H. Further, it is to be noted that there has been ne complaint of any kind from any individual or establishment regarding any damage or suffering of public health in any manner due to the consumption of the ground water by the persons living in the areas mentioned above from where the groundwater sampled have been taken and tested."
27. Vide order dated 24.03.2025, UPPCB was directed to file additional response specifically mentioning as to whether the draft SOP issued by it regarding management and disposal of fly ash has been finalized or not and if the same has been finalized then the copy of the SOP may also be placed before this Tribunal at least one week before the next date of hearing fixed and respondent no.3-M/s Radico Khaitan Ltd. was granted one week's time to file additional response with relevant details and supporting documents.
28. In compliance of order dated 24.03.2025, additional affidavit dated 07.07.2025 (pages no. 1277-1350 of the paper book) was filed by respondent no. 3-M/s. Radico Khaitan Ltd. The relevant part of the additional affidavit filed by respondent no. 3-M/s. Radico Khaitan Ltd.
reads as under:
"ADDITIONAL AFFIDAVIT ON BEHALF OF RESPONDENT, M/S RADICO KHAITAN LIMITED (PROJECT PROPONENT) X X X X
2. That the present affidavit is being filed in pursuance to and in compliance of the directions of this Hon'ble Tribunal in its order dated 24.03.2025 and 13.05.2025. It is humbly submitted that the submissions made by way of the affidavit dated 30.09.2023 and the additional affidavits dated 22.01.2024, 28.08.2024, 20.11.2024 and 11.12.2024 filed by Answering Respondent are not repeated herein for the purpose of brevity and may be treated as part and parcel of the present Additional Affidavit.
3. That the Answering Respondent has further undertaken extensive plantation activities in the past year 2024-25. Status of the plantation activity carried out by the Answering Respondent till August 2024 is given at Annexure I [Pg. 830] of the additional affidavit dated 28.08.2024 filed by the Answering Respondent. Since then the Answering Respondent has carried out further plantation activity on the 8000 square metres of land in Bhaiya O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-94-
Nagla allotted to the Answering Respondent which was handed over to the Answering Respondent in July 2024. The updated details of the plantations done by the Answering Respondent in and around its premises along with the latest pictures is herewith annexed as ANNEXURE -1.
4. Answering Respondent vide letter dated 06.01.2025 has informed the Uttar Pradesh Pollution Control Board ("UPPCB") about the plantation carried out in the allotted land along with pictures of the plantation. A copy of the letter dated 06.01.2025 is herewith annexed as ANNEXURE 2. [Pg.13 to 26]
5. That the Answering Respondent has created and maintained a large green belt at a location near its industrial premises around Panwaria Tihara also known as Atal Park Area. Vide letter dated 07.01.2020 Answering Respondent had requested the Nagar Palika, Rampur, to provide a No Objection Certificate ("NOC") for the above green belt work and the same was provided by the authorities vide letter dated 08.01.2020. Copy of the letter dated 07.01.2020 written to the Nagar Palika seeking NOC is herewith annexed as ANNEXURE-3 [Pg 27 to -] and a copy of the letter dated 08.01.2020 written the Answering Respondent granting NOC annexed as ANNEXURE-4.[P 28 to 30 ] The areas for which the above NOC was granted is reflected against Sr. No. 1 to 5 of the tabulation filed with this Affidavit as ANNEXURE - above.
6. That the above stated facts and figures would show the ongoing efforts by the Answering Respondent for development of green belt areas in and around the industrial unit in Rampur City,
7. That for disposal of Fly Ash, the Answering Respondent had addressed a letter dated 25.11.2004 [Pg. 1189] to the National Highways Authority of Indi for utilization of fly ash for landfilling and construction activities in projects. Pursuant to the same, the Answering Respondent has high DIA signed a Memorandum of Understanding dated 02.01.2025 with the Contractor namely M/s Dev Yash Projects C Infrastructure Pvt. Ltd. - M/s Raj Shyama Construction Pvt. Ltd. (JV) nominated by National Highways Authority of India in its letter dated 29.11.2024 [Pg. 1197] for the supply of fly ash for use in construction of road embankment in construction of four-lane "Western side spur of Rampur- Rudrapur section connecting NH-24 (new OH) to NH-87 bypassing Rampur Town". A copy of the MOU dated 02.01.2025 for supply of fly-ash is herewith annexed as ANNEXURE-5. [Pg. 31 to 34 ].
8. That it is submitted that the Answering Respondent had written a letter dated 04.07.2025 to the Public Works Department, Rampur for exploring the possibility to supply Fly Ash to their ongoing construction and landfilling projects. Accordingly, the Public Works Department vide letter dated 04.07.2025 had informed the Answering Respondent that currently work of widening of State Highway-144 Shahbad Rampur Bajpur was in progress for which fly ash may be provided. That copies of the letters dated 04.07.2025 sent by the O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-95-
Answering Respondent to the Public Works Department, Rampur and by the Public Works Department, Rampur to the Respondent pertaining to the supply of fly ash along with its translation are herewith annexed as ANNEXURE-6. [Pg. 35 to 391].
9. That the Answering Respondent vide letter dated 04.07.2025 informed the Regional Officer of UPPCB regarding this arrangement of supply of fly ash to the site of constructions of the State Highway 144 Shahabad Rampur Bazpur Road and a copy of the same is herewith annexed as ANNEXURE-7 [Pg. 40 to -].
10. That it is submitted that since 04.07.2025, the Answering Respondent has commenced its supply of fly ash to the aforesaid highway construction site of the Public Works Department
11. That it is further submitted that the UPPCB issued a letter dated 17.06.2025 to the Answering Respondent seeking reply of the Answering Respondent with respect to compliance with the draft mechanism for fly ash utilisation prepared by the UPPCB in compliance with the orders passed by this Hon'ble Tribunal in the case of Sachin Tomar v State of UP & Ors OA N 369/2022). A copy of the letter dated 17.06.2025 issued by the UPPCB along with its translated copy is herewith annexed as ANNEXURE -8 [Pg. 41 to 50].
12. That the Answering Respondent vide reply letter dated 25.06. 2025 informed the authorities that it was supplying its fly ash to NHAI under an MOU for the purposes of construction of a Highway in compliance with the draft mechanism. It was further submitted that the fly ash was being stored in sealed ash silo system and transported in a wet and covered condition in compliance with the draft mechanism. A copy of the reply letter dated 25.06.2025 is herewith annexed as ANNEXURE-9. [Pg. 51 to 53].
13. That an inspection was carried out by the UPPCB in the premises of the Answering Respondent on 02.07.2025 pursuant to which a letter dated 02.07.2025 was issued to the Answering Respondent asking for some information pertaining to generation and disposal of fly ash. A copy of the letter dated 02.07.2025 issued by the UPPCB along with its translated copy is herewith annexed as ANNEXURE-10. [Pg. 54 to 57]. That all the requisite information was provided by the Answering Respondent vide its reply letter dated 03.07.2025. A copy of the reply letter dated 03.07.2025 is herewith annexed as ANNEXURE-11 [Pg. 58 to 62]
14. That the updated details of ash generation and ash disposal from April 2024 to June 2025 are annexed as ANNEXURE-12 [Pg. 63 to 65]. Some sample fly ash dispatch slips are annexed as ANNEXURE 13 [Pg. 66 to 73]."
29. In compliance of order dated 24.03.2025, additional affidavit (pages no. 1351-1422 of the paper book) was filed by respondent no.2- O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-96-UPPCB vide email dated 08.07.2025. The relevant part of the additional affidavit reads as under:
"AFFIDAVIT ON BEHALF OF U.P. POLLUTION CONTROL BOARD IN COMPLIANCE OF ORDER DATED 24.03.2025 X X X X
3. That U.P. Pollution Control Board has evolved a draft mechanism for proper utilization of fly ash generated by coal base industries in compliance of direction issued by this Hon'ble Tribunal in O.A. No. 369 of 2022; Sachin Tomar Vs. State of U.P. and the said mechanism is being followed. A true copy of the said mechanism is being enclosed herewith and marked as Annexure-A.
4. That the unit of M/s. Radio Khetan has been inspected by the officers of Regional Office, Moradabad on 02.07.2025 and it has been found during the inspection that the Project Proponent is using the fly ash for road construction. A true copy of the inspection report dated 04.07.2025 is being enclosed herewith and marked as Annexure-B."
30. The relevant part of the draft mechanism enclosed with affidavit dated 08.07.2025 filed by UPPCB is reproduced as under:-
"Draft Mechanism for proper disposal of Fly ash by Large air polluting Industries Practice of disposal of fly ash through contracters at nearby low lying areas is not an effective and environmental friendly mechanism for disposal of fly ash because generally it is observed that the fly ash is usually being dumped on the agriculture land without having sprinklers and covering the agriculture land boundary by green covers for arresting the fly ash from traversing in nearby residential areas.
1. With respect to effective disposal of fly ash, MoEF&CC vide notification dated 31.12.2021 has issued guidelines for utilization of fly ash generated in coal based Thermal Plants. Similar directions/mechanisms can also be adopted by other coal based industries. Further, CPCB has Issued OM dated 06.03.2023 authorizing auditors from recognized institutions for regular auditing of disposal of fly ash as per the guidelines. Hence, taking in consideration the general on site mechanism adopted by coal based industries, the following mechanisms can be adopted by other industries in line with the notifications issued by MoFF and OM issued by CPCB for coal based Thermal Plants, to ensure that industries are disposing all the fly ash generated by environmental friendly mechanism:
i) There should be no involvement of a third party/contractor for collection and disposal of fly ash generated by the industries to ensure proper disposal of the fly ash being done by industries as per the agreements. Instead of disposing/dumping the fly ash on land at several agriculture land/low lying areas on day to day basis, every coal based large units may install dedicated silos for storage of dry fly ash silos for at least sixteen hours of ash O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-97-
based on installed capacity and it shall be reported upon to the UPPCB from time to time.
ii) Proper agreements/MOU needs to be signed between industries directly with the Cement industry/brick kilns/fly ash manufacturing units etc. The industry shall also submit the total quantity of fly ash being sent to user which shall then the verified by UP. Pollution Control Board cross verifying the quantity utilized by the users.
iii) As per CPCB OM date 6 March 2023, CPCB has authorized auditors from various technical and recognized institutions for carrying out fly ash audits and submission of reports to CPCB and UPPCB. Industries may involve the authorized auditors for carrying out fly ash audit and submit the audit report to CPCB and UPPCB on regular basis (Quarterly/Half yearly/Yearly) Scope of Work to carry out the audit may contain the following important mechanism:-
a. Verification of ash generation data pertaining to the financial year based on inspection of records of coal receipt/consumption and average ash content in coal and comparison of this data with the information provided by the industries.
b. Verification of fly ash and bottom ash utilization data pertaining to the financial year based on inspection of records of ash supplied to the user agencies, covered under permitted uses/avenues, and comparison of this data with the information provided by the industries. c. The compliance audit for ash disposal by the industry and the user agency shall be conducted by auditors, authorised by Central Pollution Control Baard (CPCB) and audit report shall be submitted to Central Pollution Control Board (CPCB) and UPPCB on regular basis. UPPCB shall initiate action against non-compliant industries within fifteen days of receipt of audit report.
iv) UPPCB after scrutiny of auditor's reports may, if required re-
verify the quantity of fly ash being generated by the generators and quantity being utilized by the users under agreement with the generator.
v) On the mechanism of filling of low lying areas with ash, shall be only be carried out only on the construction sites, Road Laying etc. (Govt, Semi Govt, Private) which have been approved by UPPCB, CPCB or other authorized departments.
vi) Non-compliant industries shall be imposed with an environmental compensation on per ton basis on utilized ash during the end of financial year based on the annual reports submitted.
vii) Major responsibilities of industries to dispose fly ash and bottom ash-
The ash generated from coal shall be utilized only for the following eco-friendly purposes, namely:
a) Fly ash based products viz bricks, blocks, tiles, fibre cement sheets, pipes, boards, panels-;
b) Cement manufacturing, ready mix concrete-;
c) Construction of road and fly over embankment, Ash and Geo-polymer based construction material;
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-98-d) Construction of dam;
e) Filling up of low lying area on the construction sites, Road Laying etc (Govt, Semi Govt, Private) after the approval by UPPCB, CPCB or other authorized department
f) Filling of mine voids;
g) Manufacturing of sintered or cold bonded ash aggregate;
h) Agriculture in a controlled manner based on soil testing:
i) Export of ash to other countries;
viii) The compliance audit for ash disposal by industries and the user agency shall be conducted by auditors, authorized by Central Pollution Control Board (CPCB) and audit report shall be submitted to Central Pollution Control Board (CPCB) and UPPCB or regular intervals. Central Pollution Control Board (CPCB) and UPPCB shall initiate action against non-
compliant industries within fifteen days of receipt of audit report.
ix) The above mechanism shall be uploaded on the website of UPPCB seeking responses from the stakeholders, after which the mechanism shall be finalized and directions shall be issued to all coal based industries in the State of UP/Specific conditions shall be included in the CTO issued by UPPCB.
The above draft report is put up for perusal and necessary action please."
31. The relevant part of the inspection report enclosed with affidavit dated 08.07.2025 filed by UPPCB reads as under:-
"मा० राष्ट्रीय हररत अलधकरण, नई डदल्िी में योजजत ओ०ए० सं० 152/2022 घनश्याम लसंह पासी बनाम स्टे ट ऑफ यू०पी० में पाररत आदे र् डदनांक 13.05.2025 के अनुपािन के संबंध में आख्या - उपरोि विषयक मा० राष्ट्रीय हररत अलधकरण, नई डदल्िी में योजजत ओ०ए० सं० 152/2022 घनश्याम लसंह पासी बनाम स्टे ट ऑफ यू०पी० में पाररत आदे र् डदनांक 13.05.2025 के अनुपािन में मा० अलधकरण द्वारा पूिि में पाररत आदे र् डदनांक 24.03.2025 के सुसंगत अंर् लनम्नित हैं -
"........3- UPPCB is directed to file additional response specifically mentioning as to whether the draft SOP issued by it regarding management and disposal of fly ash has been finalized or not and if the same has been finalized then the copy of the SOP may also be placed before this Tribunal.
8. In view of the facts and circumstance of the case, we also consider personal appearance of the Regional Officer, UPPCB, physically on the next date of hearing to be essential for producing the relevant record and assisting this Tribunal in just and proper adjudication of the questions involved in the case. Accordingly, he is directed to remain present before this Tribunal on that date with the relevant record......."
उि के अनुपािन में संदलभित उद्योग मैससि रे डिको खैतान लि० , बरे िी रोि, रामपुर का लनरीक्षण श्री अमर लसंह, िायरे क्टर, श्री अजय प्रताप लसंह, असिस्टेंट िाइस O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-99-प्रेलसिें ट एिं श्री पंकज चौधरी, िी०जी०एम० (पयाििरण), मैससि रे डिको खैतान लि०, रामपुर की उपजस्थलत में अधोहस्ताक्षरकतािओं द्वारा डदनांक 02.07.2025 को डकया गया। आख्या लनम्नित ् है -
उद्योग द्वारा कच्चे माि के रूप में िेन/मोिासेस/र्ुगर सीरप/केन जूस/माल्ट (बी है िी, सी है िी) का प्रयोग कर फमेन्त्टे र्न एिं डिस्टीिेर्न प्रडिया के माध्यम से ई०एन०ए० का उत्पादन डकया जाता है । लनरीक्षण के समय उद्योग उत्पादनरत पाया गया। उद्योग की उत्पादन क्षमता 374 डकिोिीटर प्रलतडदन है , संिग्नक 01 पर संिग्न।
2 उद्योग में िारप की आपूलति हे तु 65 टी०पी०एच० (संचालित) एिं 30 टी०पी०एच० (स्टै ण्िबाई) क्षमता के ब्िोयिर स्थावपत है ।
X X X X
3. 65 टी०पी०एच० क्षमता के ब्िॉयिरपर िायु प्रदष ू ण लनयंरण व्यिस्था के रूप में ई०एस०पी० (इिैक्रो स्टे डटक प्रेसीवपटे टर) तथा भूति से िगभग 65 मी० ऊुँची लचमनी स्थावपत है । उि ब्िॉयिरमें ईंधन के रूप में बायोगैस, राइस हस्क ि कोयिे का प्रयोग आिश्यकतानुसार डकया जाता है ।
4. 30 टी०पी०एच० (स्टै ण्ि बाई) क्षमता के ब्िॉयिरपर िायु प्रदष ू ण लनयंरण व्यिस्था के रूप में ई०एस०पी० (इिैक्रो स्टे डटक प्रेसीवपटे टर) ि भूति से िगभग 45 मी० ऊुँची लचमनी स्थाावपत है । उि ब्िॉयिरमें ईंधन के रूप में बायोगैस ि राइस हस्क का प्रयोग आिश्यकतानुसार डकया जाता है ।
5. लनरीक्षण के दौरान उि बायिरों में से 65 टी०पी०एच० क्षमता का बायिर संचालित पाया गया। उि बायिर पर स्थावपत िाय प्रदष ू ण लनयंरण व्यिस्था सुचारू रूप से संचालित पायी गयी।
X X X X
6. ब्िॉयिर में ईधन के दहन के पश्चात ् उत्सजजित उत्सजिन से िायु प्रदष ू णकारी अियिों के लनयंरण हे तु स्थावपत ईएस.पी. से एकवरत फिाई ऐर् को बन्त्द पाइप के माध्यम से सीधे साइिो में एकर डकया जाता है , साइिो में फ्िाई ऐर् की भण्िारण क्षमता 65 टी.पी.एच. ि 30 टी.पी.एच. ब्िॉयिरों हे तु पृथक-पृथक 100 मीडरक टन ि 80 मीडरक टन है , इस प्रकार, उद्योग में स्थावपत ब्यॉयिर के संचािन से जलनत फ्िाई ऐर् के भण्िारण हे तु 100 मी०टन ि 80 मी०टन क्षमता के कुि 02 साइिो (कुि क्षमता 180 मी०टन) स्थावपत है ।
X X X X
7. उद्योग द्वारा 65 टी०पी०एच० क्षमता के ब्िॉयिर की लचमनी की मान्त्यता प्राप्त प्रयोगर्ािा M/s Environmental And Technical Research Centre, Lucknow से डदनांक 17.06.2025 को करायी गयी अनुश्रिण आख्या प्रस्तुत की गयी है । अनुश्रिण आख्यानुसार लचमनी से जलनत उत्सजिकों में प्रचािकों की मारा लनधािररत मानकों के अनुरूप पायी गयी। अनुश्रिण आख्या की छायाप्रलत संिग्नक-2 पर संिग्न है ।
8. कायाििय अलभिेखानुसार उद्योग द्वारा पूिि में उद्योग से जलनत फ्िाई ऐर् को ठे केदारों द्वारा िो-िाइं ग एररया में विलभन्त्न माध्यमों से प्राप्त मांग पर के आधार पर सम्बजन्त्धत स्थि पर भूलम भराि कर लनस्तारण डकया जाना सूलचत है । इकाई द्वारा पूिि में ठे केदारों के साथ डकये गये अनुबन्त्ध की छायाप्रलत संिग्नक-3 तथा मांग परों की छायाप्रलतयाुँ संिग्नक-4 पर संिग्न है । डकन्त्तु ितिमान में उद्योग से जलनत फ्िाई ऐर् का लनस्तारण डकसी भी ठे केदार के माध्यम से भूलम भराि में नही डकया जा रहा है अवपतु कभर रकों / रै क्टर रालियों के माध्यम से एन.एच.ए.आई. द्वारा सिक लनमािण में प्रयुि डकया जाता पाया गया।
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-100-9. उद्योग द्वारा प्रस्तुत वििरण के अनुसार विगत 15 माह में जलनत कुि 24074 मी०टन फ्िाई ऐर् को विलभन्त्न माुँगो के आधार पर कुि 13 िो-िाइं ग एररया (लनजी स्थिों पर) पर भिन लनमािण हे तु भराि कायि के लिये (लनचिे क्षेर के भराि हे तु) एिं अलधकतर मारा में पिाई ऐर् का उपयोग एन०एच०ए०आई० द्वारा कराये जा रहे सड़क लनमािण में डकया गया है । जजसका लनरीक्षण डदनांक 12.04.2025 के दौरान िो-िाइं ग एररया में स्थिों से भूगभि जि का नमूना एकर कर क्षेरीय कायाििय, उ०प्र० प्रदष ू ण लनयंरण बोिि द्वारा केन्त्रीय प्रयोगर्ािा, उ०प्र० प्रदष ू ण लनयंरण बोिि , िखनऊ में विश्लेषण कराया गया, विश्लेषण आख्या संिग्न है छायाप्रलतयाुँ संिग्नक 5 पर संिग्न है ।
फ्िाई ऐर् लनस्तारण स्थिों के समीप एकवरत डकये गये भूगभीय जि नमूनों का वििरण O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-101-10. उद्योग द्वारा कृ वष भूलम के लनचिे भराि क्षेर में फ्िाई ऐर् लनस्तारण डकये जाने से कृ वष भूलम की गुणित्ता प्रभावित होने के संबध ं में उद्योग द्वारा मृदा परीक्षण प्रयोगर्ािा, रामपुर से करायी गयी, सूदा परीक्षण ररपोटि डदनांक 18.11.2024 उपिब्ध करायी गयी है , जजसके अनुसार 05 प्िाट से संयि ु रुप से मृदा नमूनों के परीक्षण में पोषक तत्िों की मारा उपिब्ध है । मृदा स्िास्थ्य कािि की प्रलतयां संिग्नक 6 पर संिग्न है ।
11. लनरीक्षण डदनांक 02.07.2025 के दौरान उद्योग से जलनत फ्िाई ऐर् के लनस्तारण हे तु ितिमान में उद्योग द्वारा प्रस्तुत अलभिेख / एम.ओ.यू.
"Memorandum of Understanding for Transportation & supply of the fly ash from Radico Khaitan Ltd., Rampur (U.P.) to raod project Western side spur of Rampur-Rudrapur section connecting NH-24 (New-OG) to NH-87 bypassing Rampur town "NHAI." प्रस्तुत डकया गया (छायाप्रलत संिग्न-7)।
12. लनरीक्षण के दौरान उद्योग द्वारा प्रस्तुत अलभिेखानुसार विगत 15 माह में उद्योग से जलनत फ्िाई ऐर् की मारा एिं उसके लनस्तारण का वििरण डदया गया जो डक संिग्न 8 पर संिग्न है ।
13. लनरीक्षण डदनांक 02.07.2025 के दौरान उद्योग द्वारा प्रस्तुत अलभिेखानुसार उद्योग से जलनत फ्िाई ऐर् के पररिहन हे तु 04 िे डिकेटे ि िाहनों की व्यिस्था की गयी है , जजनके माध्यम से एन०एच०ए०आई० द्वारा लनमािण कराये जा रहे हाइिे में प्रयुि डकये जा रहे फ्िाई ऐर् के स्थि तक फ्िाई ऐर् िे जाया जाता है , जजसका लनरीक्षण के दौरान सत्यापन डकया गया। लनरीक्षण के दौरान फ्िाई ऐर् का लनस्तारण ि प्रयोग होता पाया गया (फोटो िाफ लनम्नित ् है ) X X X X
14. उद्योग ने अपने पर डदनांक 04.07.2025 द्वारा अिगत कराया गया है डक िोक लनमािण विभाग द्वारा राष्ट्रीय मागि-144 र्ाहबाद-रामपुर-बाजपुर मागि के चौड़ीकरण में फ्िाई ऐर् प्रयुि डकये जाने हे तु अनुमलत अपने पर संख्या 253/ कैम्प सामान्त्य / 25 डदनांक 04.07.2025 द्वारा प्रदान की गयी है (छायाप्रलत संिग्नक-09 पर संिग्न है ), जजसके अनुिम में उद्योग द्वारा िजणित स्थि पर फ्िाई ऐर् लनस्ताररत डकये जाने का कायि आरम्भ कर डदया गया है ।
उपरोिानुसार आख्या आपके अििोकनाथि एिं मा० राष्ट्रीय हररत अलधकरण, नई डदल्िी के समक्ष प्रस्तुत डकये जाने हे तु विलध अनुभाग से विलधक अलभमत प्राप्त डकये जाने हे तु सादर प्रस्तुत है ।"
32. Even though the applicant appeared before this Tribunal through Counsel on 13.05.2025 and 10.07.2025 but the applicant did not file any objections to reports filed by CPCB and UPPCB and replies filed by respondent no. 3-M/s. Radico Khaitan Ltd. and did not produce any material in support of the averments made in the Original Application available with the applicant.
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-102-
33. We have heard submissions made by Ms. Swati Mishra, learned Counsel for the applicant and Mr. Gigi C. George and Mr. Sunil Dhani, learned Counsels for respondent no. 1; Mr. Pradeep Misra and Mr. Daleep Dhyani, learned Counsels for respondent no.2; Mr. Sanjeev Ralli, Senior Advocate with Ms. Vanita Bhargava, Ms. Nandita Chauhan, Ms. Tijil Thakur and Mr. Shubham Yadav, learned Counsels for respondent no. 3-M/s Radico Khaitan Ltd., and Mr. Balendu Shekhar and Ms. Tanisha Samantha, learned Counsels for respondent no.4. and have gone through the material on record carefully.
34. In their arguments, learned Counsel for the applicant and learned Counsels for the respondents have referred to the factual details and reiterated the legal perspectives/submissions as per their respective reports/replies.
35. In the present case, suo-motu cognizance has been taken by this Tribunal on the basis of complaint dated 17.12.2021 made by the applicant on public grievances portal of this Tribunal which has been treated as Original Application. Respondent no. 3-M/s. Radico Khaitan Ltd. raised objections as to genuineness of the complaint and bonafides of the complainant. Hon'ble High Court of Delhi vide order dated 07.12.2022 passed in W.P.(C) 13212/2022 and CM Appl.39978/2022 directed CPCB to verify the genuineness of the complaint and bonafides of the complainant and in compliance thereof, CPCB submitted report dated 04.05.2023 to Hon'ble High Court of Delhi. In its report, CPCB mentioned that for verification of bonafides of the complainant the CPCB team sent email to the applicant and thereafter met the applicant. The CPCB asked the applicant to provide his ID Proof and brief about the complaint. The applicant accordingly submitted his Aadhaar Card and had detailed conversation with the CPCB team O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-103-
regarding issues raised by him in his complaint letter dated 16.12.2021. The bonafides of the complainant are established by the above referred verification report filed by the CPCB.
36. In the present case, the applicant has raised allegations regarding employment and exploitation of contractual labour, mis-representation and also mis-appropriation of funds which do not fall within the ambit of Sections 14 and 15 of the National Green Tribunal Act, 2010 and due to the same not being within jurisdiction of this Tribunal are not required to be adjudicated upon in the present case.
37. The grievances raised by the applicant mainly involve issues regarding discharge of untreated industrial effluent in the drain and consequential water pollution and operation of condemned boiler in violation of environmental norms and non-development of requisite green belt with consequential air pollution caused by fugitive emissions of gases and fly ash posing serious health hazards to the residents of the locality.
38. As per the material placed on record, the distillery unit of respondent no. 3-M/s. Radico Khaitan Ltd. was set up in the year 1943. At the relevant time, there was no statutory requirement of obtaining prior Environmental Clearance for establishment of such unit. The unit has three plants-Molasses plant, Malt Spirit plant and Grain Spirit plant. The Molasses plant was set up in 1943 and the Malt Spirit plant was installed in 1992. Subsequently, the Grain Spirit plant was set up July 2006. All the above said units were set up prior to the Environment Impact Assessment (EIA) Notification, 2006 dated 14.09.2006. In 2021, respondent no. 3-M/s. Radico Khaitan Ltd.
applied for increase of its production capacity from 200 KLD to 270 O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-104-
KLD in respect of its Molasses Spirit plant due to use of alternative feed stock (B-heavy molasses/Grains) without any increase in pollution load and UPPCB issued No Increase in Pollution Load Certificate dated 02.12.2021 to respondent no. 3-M/s. Radico Khaitan Ltd. in terms of MoEF&CC Notification No. S.O.980(E) dated 02.03.2023. Respondent no. 3-M/s. Radico Khaitan Ltd. was granted "Consolidated Consent to Operate and Authorisation" (CCA) under Section 25 of the Water (Prevention & Control of Pollution) Act, 1974 and under Section 21 of the Air (Prevention & Control of Pollution) Act, 1981 by UPPCB from time to time and lastly on 19.09.2022 with upgraded capacity of 374 KL/Day alcohol production on dual feed mode (104 KL/day for Grain spirit plant and 270 KL/day for Molasses Spirit plant) which is valid up to 31.12.2026.
Prevention and Control of water Pollution
39. In view of the allegations made by the applicant, the question which first arises is whether respondent no. 3-M/s. Radico Khaitan Ltd.
is discharging industrial effluent in the drain as alleged by the applicant and thereby causing water pollution.
Discharge of industrial effluents in the drain
40. For prevention and control of water pollution, following conditions were imposed by UPPCB on respondent no. 3-M/s. Radico Khaitan Ltd. in CCA dated 19.09.2022:-
"(ii) Trade Effluent Treatment and Disposal:-The applicant shall operate Effluent Treatment Plant consisting of primary/secondary and tertiary treatment as is required with reference to influent quantity and quality. In case of stoppage of functioning of ETP, production has to be stopped immediately and this Board has to be intimated by fax/phone/email with a report in this regard to be dispatched immediately.
(iii) The treated effluent shall be recycled to the maximum extent and should be reused within the premises for gardening etc. Quality of the treated effluent shall meet to the following O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-105-
general and specific standards as prescribed under Environment (Protection) Rules, 1986 and applicable to the unit from time-to-time :-
Industrial Effluent Quality Standard S.No. Parameter Standard 1 Zero Liquid Discharge ZLD "
41. In compliance of order dated 07.12.2022 passed by Hon'ble High Court of Delhi in W.P. (C) 13212/2022 and CM Appl.39978/2022 which directed CPCB to also verify the genuineness of the complaint, CPCB inspected the unit on 12.07.2022 and submitted report dated 04.05.2023. In its report dated 04.05.2023, CPCB referred to the conditions imposed in CCA dated 19.09.2022 and verified compliance status of the unit regarding condition with respect to ZLD as stipulated in CCA issued by UPPCB on 19.09.2022 and concluded that the observations and data indicated that the unit had set up systems to achieve ZLD and was complying with ZLD conditions as stipulated in CCA dated 19.09.2022 issued by UPPCB through Integrated Multiple Effect Evaporator (IMEE), CPU and Bio-composting. CPCB did not observe discharge of industrial effluent and found that the complaint about discharge of untreated effluent of acidic nature having temperature 85-90oC was not substantiated.
42. In its report dated 04.05.2023, UPPCB mentioned that the applicant mentioned about a drain and informed that the drain near Hitachi bio-compost site (at village Tashka) receives effluent from M/s Radico Khaitan Ltd., Rampur through an underground pipeline. CPCB team along with the complainant visited the said drain (Lat.-28.77633;
Long 79.04598) which is located approximately 200 meters away (aerial distance) from the unit (Hitachi bio-compost site) near Tashka village.
Location was unapproachable, however wastewater sample was O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-106-
collected from the culvert by CPCB team and laboratory analysis result showed pH-7.3, Total solids-3688 mg/l, COD-1027 mg/l, BOD-506 mg/l and TSS-667 mg/l. As per the information provided by Regional Officer, Moradabad of UPPCB, the drain is entering Rampur city from Bilaspur gate, which is about four kilometer in the upstream of the sampling location. The drain carries sewage from Bilaspur gate colony, Pahari gate colony, Bamroha and other surrounding colonies and as informed by UPPCB, there is no industrial discharge in the drain. The drain was found covered with surface vegetation at many places and subsurface flow was observed at these places. As per analysis result, the pH value (7.3) was found in the neutral range i.e. 6.5-8.5, which does not match with the claim of discharge of chemical acidic effluent by M/s Radico Khaitan Ltd. in drain as mentioned in the complaint. As per physical observation during visit, no sense of odour and colour, which are typical characteristics of the effluent from the Distillery unit was felt by the team and no pipeline was visible to the team near the culvert. However, the other physico-chemical characteristics i.e. BOD (506 mg/L) and COD (1027 mg/L) in the sample collected from the drain do not match with the typical characteristics of sewage (values are on higher side), and indicate discharge from trade/industrial activities alongwith sewage.
43. For assessment of ground water contamination at bio-compost sites, CPCB team collected ground water samples from hand pump and piezometric wells located at Ajeetpur and Hitachi bio-compost yard and mentioned in its report that the analysis results of ground water samples from piezo wells during visit showed high value of COD, 76 mg/l at Piezometer no.2 and 11 mg/l at Piezometer no.3 at Ajeetpur bio-compost yards and the ground water at Hitachi bio-composting site O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-107-
(Piezometer no. 02) and Ajeetpur biocomposting site (Piezometer- 02, 03, 04 and Handpump) was contaminated in terms of COD which indicated intrusion of wastewater from compost yard into piezo wells, posing potential threat to ground water and needed urgent attention towards improvement of housekeeping, prevention of seepage, spillage etc. into the piezo wells.
44. It may be observed here that in CCA dated 19.09.2022, following conditions were imposed by UPPCB:-
"(iv) Sewage Treatment and Disposal:- The applicant shall provide comprehensive STP as is required with reference to influent quantity and quality. In case of stoppage of functioning of STP, production has to be stopped immediately and this Board has to be intimated by fax/phone/email with a report in this regard to be dispatched immediately.
(v) The treated sewage shall be reused in gardening as far as possible. The STP shall be maintained continuously so as to achieve the quality of the treated sewage to the following standards.
S No. Parameters Standards
1 PH 5.5-9
2 BOD (mg / L) 30mg/l
3 TSS (mg / L) 100mg/l
45. CPCB also looked into the sewage management scheme and mentioned that the unit has installed STP of capacity 120 KLD for treatment of sewage generated from the households inside the factory premises and had installed flow meters (with totalizer) at inlet and outlet of the STP. In its report dated 04.05.2023, CPCB mentioned that the analysis results of samples collected from STP outlet met the discharged norms. In its report dated 04.05.2023, CPCB also observed that treated sewage is disposed of through an open drain across the road to reach up to Rampur drain.
46. CPCB team collected the sample from drains outside the main gate of the industry, upstream and downstream of Ajeetpur bio-compost O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-108-
yard and the analysis result of wastewater samples collected from the drain near entrance gate of unit showed that the same met prescribed parameters. The quality of wastewater in drains outside main gate of the industry, upstream and downstream of the bio-compost yard of Ajeetpur site, which ultimately meets Rampur drain, showed the characteristics of domestic wastewater, which indicated no discharge of industrial effluent in the drain and the complaint of discharge of acidic effluent of high temperature from alleged industry was not established.
47. In its report dated 04.05.2023, CPCB mentioned that pH value (7.3) of the wastewater sample collected from drain in Tashka area shown by the complainant indicating neutral range of pH without any odour and colour as imparted by the Distillery effluent. However, BOD (506 mg/L) and COD (1027 mg/L) values of the sample collected from the drain at Tashka area do not match with the typical characteristics of distillery effluent as well as sewage and indicating the mixing of other wastewater in the drain. UPPCB may carry out the pollution source mapping of the drain (Pahari Nala).
48. Vide order dated 04.10.2023, CPCB was directed to look into the averments regarding discharge of effluent through pipeline in composting area; permissibility of Rain Water Harvesting in composting area; stoppage of discharge of waste water in piezo-metric-well;
utilization of treated STP water for horticulture and other activities and submit its additional report within two months.
49. In compliance thereof, CPCB inspected the unit on 12.01.2024 and submitted report vide email dated 19.01.2024 mentioning therein that analysis results were awaited and on receipt of analysis results, CPCB filed report dated 03.04.2024. With reference to the area which O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-109-was mentioned to be unapproachable in report dated 04.05.2023 and averment made in the Original Application regarding discharge of effluent through underground pipe in drain, CPCB mentioned in its reports dated 19.01.2024 and 03.04.2024 that CPCB team re-visited the drain (Lat.-28.77633; Long 79.04598) on 12.01.2024 and found the location to be clear from any kind of vegetation i.e. no water hyacianth and bushes were observed on the surface of the drain; and that no pipeline discharging effluent was observed below the culvert. With respect to discharge of effluent through pipeline in composting area, CPCB mentioned in its report that no discharge of effluent through any pipeline in bio-compost area was observed by the CPCB team. With respect to discharge of waste water in piezo-metric well, CPCB mentioned in its report that piezo-metric well pipes were fixed at about 1.0 meter height at ground level and all the piezo-metric well was covered and surrounded by 1.5 X 1.5 RCC work in order to avoid the possibility of discharge of waste water into piezo-metric wells. With respect to permissibility of rain water harvesting, CPCB mentioned in its report that due to improvement of ground water level the practice of rain water harvesting and compositing area had been discontinued and all the pits and pipeline constructed for collecting rain water were dismantled. With respect to utilization of treated STP water for horticulture and other activities, CPCB has mentioned in its report that the treated water from the STP was being used in horticulture. As informed by unit representative, about 27% of the treated wastewater from STP is used for horticulture activities in the green belt area developed inside, outside and near boundary wall of the unit and the rest 73 % of the STP treated water is discharged into Rampur municipal drain.
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-110-50. In its report dated 04.05.2023, CPCB recommended to respondent no. 3-M/s Radico Khaitan Ltd. to take remedial measures for stoppage of spillage to control contamination of piezo wells. It is evident from reports filed by CPCB vide email dated 19.01.2024 and 03.04.2024 that respondent no. 3-M/s Radico Khaitan Ltd. has taken remedial measures for stoppage of spillage to control contamination of piezo wells.
51. In view of the material on record, respondent no. 3-M/s Radico Khaitan Ltd. cannot be said to be discharging industrial effluent in the drain thereby causing water pollution but respondent no. 3-M/s Radico Khaitan Ltd. is discharging treated sewage in the drain.
52. In its report dated 04.05.2023, CPCB recommended that UPPCB may carry out the inventorization of the pollution source of the drains and groundwater and take measures for control of pollution.
53. Vide order dated 04.10.2023, UPPCB was directed to inventories the pollution of the drains and take measures for control of pollution and to file action taken report regarding compliance with recommendations made by CPCB within two months.
54. In compliance thereof, UPPCB filed report vide email dated 16.01.2024. In its report, UPPCB mentioned that there are three 5.0 MLD, 14.0 MLD and 15.0 MLD STPs out of which 15 MLD STP is not operational and 15.0 MLD untreated sewage is being discharged into the Rampur drain. In its report, UPPCB has also mentioned that apart from respondent no. 3-M/s Radico Khaitan Ltd. there is another polluting industry located in Rampur city namely M/s Fair Exports India Pvt. Ltd. but the same is re-using treated effluent for washing purpose and for irrigation on their own land on plantation based on O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-111-Karnal Technology and there is no discharge outside or into any drain and the unit is complying with the norms. In its report, the UPPCB also mentioned that the vegetation near culvert of the drain situated near Hitachi site, bio-composting site was cleaned up by the Project Proponent. The site was inspected by UPPCB team and there was no pipeline observed near the culvert of drain. In its report, UPPCB also mentioned that the point mentioned was approximately 200 meters from the Hitachi site bio-composting yard; the point of the drain is located in u/s of the bio-composting yard and there was no possibility of discharging the effluent into any drain. UPPCB collected samples from Rampur drain near M/s Fair Export India Pvt. Ltd., Ahmad Nagar Pahadi, Rampur; Rampur drain at Bilaspur road upstream of M/s Radico Khaitan Ltd. (approximately 1.0 Km); Rampur Drain near Ajitpur bio compost yard; Rampur Drain near Shahbad road (NH 24) d/s of M/s Radico Khaitan Ltd., Rampur and Drain near Hitachi bio composting site near village Tashka and got the same analyzed in the UPPCB lab. As per the analysis reports, there was no reflection of industrial effluent in the samples. For characteristics due to sewage in the drain UPPCB issued directions to UP Jal Nigam Rampur vide letter no. 1815/S-13/General dated 28.12.2023. UPPCB also took sample of ground water and got the same analyzed and reported that the slightly higher parameters of calcium and magnesium were due to geogenic condition and over all parameters met the standards. UPPCB also found that respondent no. 3- M/s Radico Khaitan Ltd. is following Zero Liquid Discharge system and that treated water of the STP is being used by the unit for horticulture and dust suppression.
55. In its report, UPPCB also observed that no industrial effluent is being discharged into the drain and the quality of the water of drain is O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-112-affected adversely due to the disposal of untreated sewage of the city.
Report filed by UPPCB does not indicate due compliance with the recommendations of CPCB and directions given by this Tribunal as UPPCB has not carried the inventorization of the pollution source of the drains and groundwater and has not taken remedial measures for control of pollution. In its report, UPPCB mentioned that 15 MLD STP is not operational and 15.0 MLD untreated sewage is being discharged into the Rampur drain but UPPCB has not taken prompt and effective and conclusively remediating action beyond issuance of show cause or issuing paper confined directions for remediation and has not imposed and recovered any environmental compensation for past violations and utilized the same for remediation at the ground level/on the spot.
UPPCB has also not filed any further Action Taken Report in this regard.
56. UPPCB is directed to carry out the inventorization of the pollution source of the drains and groundwater and prepare and implement water quality management plan at Rampur, U.P. within three months and file report in this regard on or before 10.04.2026.
57. In its report dated 04.05.2023, CPCB recommended to respondent no. 3-M/s Radico Khaitan Ltd. to take remedial measures including good housekeeping in bio-compost yards.
58. In its replies respondent no. 3-M/s Radico Khaitan Ltd. has not filed any specific response to the recommendation regarding remedial measures as to good housekeeping in bio-compost yards.
59. Accordingly, respondent no. 3-M/s Radico Khaitan Ltd. is directed to take requisite remedial measures in this regard and O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-113-submit compliance report to UPPCB specifically mentioning the measures so taken within three months.
60. Since respondent no. 3-M/s. Radico Khaitan Ltd. is discharging sewage through open drain across the road to reach upto Rampur drain, we consider it appropriate that respondent no. 3-M/s. Radico Khaitan Ltd. be directed to support and contribute to the efforts of Nagar Palika Parishad Rampur in regular cleaning and maintenance of the drain by including the activity in its CSR/CER activities.
61. Accordingly, respondent no. 3-M/s. Radico Khaitan Ltd. is directed to support and contribute to the efforts of Nagar Palika Parishad, Rampur in regular cleaning and maintenance of the drain by including the activity in its CSR/CER activities.
62. Further, we also consider it appropriate that the aspect of carrying out plantation on the sides of the drain in consultation with the concerned authorities may be looked into and thereupon such plantation, as is possible in view of topography, may be carried out.
63. Accordingly, we direct the Divisional Forest Officer, Rampur to look into the aspect of carrying out plantation on the sides of the drain in consultation with other concerned authorities and thereupon such plantation, as is possible in view of topography, may be carried out by the Divisional Forest Officer, Rampur and respondent no. 3-M/s. Radico Khaitan Ltd. is directed to support and contribute to such plantation by including the activity in its CSR/CER activities.
Prevention and Control of Air Pollution O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-114-64. The question which next arises is whether respondent no. 3-M/s.
Radico Khaitan Ltd. is releasing any gases and causing air pollution through fugitive emissions as alleged by the applicant.
65. For prevention and control of air pollution, following conditions were imposed by UPPCB on respondent no. 3-M/s. Radico Khaitan Ltd.
in the CCA dated 19.09.2022:-
3. Conditions under Air (Prevention and Control of Pollution) Act-1981 as amended:-
i) The applicant shall use following fuel and install a comprehensive control system consisting of control equipment as required with reference to generation of emissions and operate and maintain the same continuously so as to achieve the level of pollutants to the following standards.
Air Pollution Source Details Air Type of fuel Stack no Control Height of S No. Pollution Device Stack Source 1 Boiler of 30 Rice husk 01 Particulate ΤΡΗ wood chips Matter Electrostatic Precipitator as APCS along with stack height of 45 meter from ground level 2 Boiler of 26 Bio gas 02 Particulate stack height Matter 45 meter from ground level 3 Boiler of 65 Rice husk, 03 Particulate Electrostatic ΤΡΗ Coal, wood Matter Precipitator chips as APCS along with stack height of 65 meter from ground level 4 DG set Diesel 04 Particulate 12 meter, 12 1250 KVA, Matter meter, 12 1250 KVA, meter, 12 750 KVA, meter, 12 700 KVA, meter, 12 625 KVA, meter, 12 380 KVA. meter, 30 1500 KVA, meter and 30 O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-115- 1500 KVA meter from
Ground level.
5 Bio Gas Bio gas 5 Particulate 12 meter
generator Matter from ground
1200 KVA, Iwvwl
1200 KVA
Emission Quality Standards
S No. Stack no Parameters Standards
In case of stoppage of functioning of air pollution control equipment, production has to be stopped immediately and this Board has to be intimated by fax/phone/email with a report in this regard to be dispatched immediately
(ii) The unit will not use any type of restricted fuel.
iii) Noise from the D.G. Set and other source(s) should be controlled by providing an acoustic enclosure as is required for meeting the ambient noise standards for night and day time as prescribed for respective areas/zones (Industrial, Commercial, Residential, Silence) which are as follows:-
Day time: from 6.00 am. to 10.00 p.m., Night time: from 10.00 p.m. to 6.00 am.
Standards Industrial Commercial Residential Silence
for Noise Area Area Area Zone
level in
db(A) Leq
Day Night Day Night Day Night Day Night
Time Time Time Time Time Time Time Time
75 70 65 55 55 45 50 40
66. CPCB found that Online Continuous Emission Monitoring System (OCEMS) have been installed on all three Stacks. CPCB also observed that the unit has installed Electro Static Precipitator (ESP) as Air Pollution Control Device (APCD) and that the unit used clean gas and biomass as their boiler fuel and Stack emission monitoring results indicate compliance with PM emission norms.
67. However, CPCB observed that OCEMS installed on Stack-1 & 2 were connected to CPCB server but the OCEMS installed at Stack-3 (i.e. stack attached to 65 TPH boiler) was not connected to CPCB server.
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-116-68. In subsequent reports filed by CPCB and UPPCB have not specifically mentioned as to whether OCEMS installed at Stack-3 (i.e. stack attached to 65 TPH boiler) was connected to CPCB server or not.
69. UPPCB is directed to verify and mention in its periodical inspections reports the aspect of connection of OCEMS installed on Stacks with CPCB and UPPCB server and to take appropriate action in this regard.
70. CPCB team carried out stack emission monitoring at stack attached to 65 TPH boiler and ambient air quality monitoring at 2 locations (upwind and downwind) of the stack monitored in reference to wind direction) namely; Near Chairman Guest house of unit (Upwind side-500 metres from stack) and near staff Guest house of unit (Downwind side-700 metres from stack). Emission monitoring results for Stack attached to 65 TPH boiler were found to be within prescribed parameters. As per the analysis result of ambient air quality monitoring carried out near Chairman Guest house of unit (Upwind side - 500 metres from stack), concentration of NO2, SO2 and PM10 were found to be 41.83 µg/m3, 04 µg/m3 and 263.33 µg/m3 respectively against national ambient air quality standard limit of 80 µg/ m3, 80 µg/ m3 and 100 µg/m3 as notified vide Gazette Notification dated 18.11.2009 under the Air (Prevention and Control of Pollution) Act, 1981. As per the analysis result of ambient air quality monitoring carried out near staff guest house of unit (Downwind side-700 metres from stack), concentration of NO2, SO2 and PM10 were found to be 38.83 µg/m3, 08 µg/m3 and 297 µg/m3 respectively against the standard limit of 80 µg/m3,80 µg/m3 and 100 µg/m3 as notified vide Gazette Notification O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-117-dated 18.11.2009 under Air (Prevention and Control of Pollution) Act, 1981.
71. CPCB found that the complaint made by the applicant as to release by the unit of toxic gases 5 or 6 times every month in the early hours was not substantiated but CPCB observed that the ambient air quality monitoring results indicated exceedance with the national ambient air quality norms. It may be observed here that in its report dated 04.05.2023, CPCB mentioned that the industry is situated and encompassed of the state highway and railway etc. and that during the time of monitoring at about 500 mtr, operation of hot mix plant operated by PWD, Rampur was observed thereby implying source of pollution to be external to the respondent no.3 unit.
72. In view of the CPCB report that the complaint regarding releasing of toxic gases 5 or 6 times every month in the early hours was not substantiated and CPCB and UPPCB reports that boilers in respondent no.3 unit were not the cause of exceedance of ambient air quality monitoring parameters and source of pollution being external, respondent no.3 cannot be said to have released toxic gases or to have caused air pollution by fugitive emissions.
73. However, CPCB recommended that UPPCB shall carry out ambient air quality monitoring and prepare an air quality management plan of the Industrial area at Rampur, U.P.
74. Vide order dated 04.10.2023, this Tribunal directed UPPCB to take measures for control of pollution.
75. In compliance thereof, UPPCB inspected the unit and filed report vide email dated 16.01.2024. UPPCB team inspected the respondent O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-118-no.3 unit on 30.11.2023 and carried out the stack monitoring at 65 TPH boiler installed in M/s Radico Khaitan Ltd. (which alone was operational as other two boilers were not in operation) and found the parameters to be within prescribed standards. UPPCB team also carried out the Ambient Air Monitoring at (i) Radico Khaitan Ltd. roof of guest house, near main gate (Near NH-9); (ii) Radico Khaitan Ltd. near cooling tower, near judges road; (iii) Radico Khaitan Ltd. near blending department, near judges road; (iv) Atal Park, NH-9, Rampur-Bareilly Road, Panvariya, Rampur; and (v) Radico Khaitan Ltd. MD House, Nainital Bypass, Judges Road, Rampur and the values of PM were found to be slightly higher than the prescribed limits. UPPCB has observed that the potential sources of air pollution in the industry are the boilers installed in the industry but the parameters of the boiler stack of the unit were found to be within the prescribed standards and explained that values of PM were high because these points are located near the National Highway/Roads and there is regular traffic on the roads thereby that the source of air pollution was external to respondent no.3 unit.
76. We have noticed that in its report, UPPCB submitted that PM values in ambient air quality monitoring reports were higher because the monitored points were located near the National Highway/Roads and there was regular traffic on the roads and boilers in the industry were not the source of pollution, but this scientific explanation cannot be treated as concluding point and end of the matter but has to be taken as starting point of the dedicated efforts for finding out the source of air pollution prevention and taking remedial measures for prevention and control of air pollution.
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-119-77. Even though UPPCB has mentioned that the unit is regularly using the treated water from STP for the dust suppression on the roads for controlling the ambient air quality and that UPPCB, Moradabad Issued directions to Executive Officer, Nagar Palika Parishad, Rampur vide letter no. 1816/NPP-08/General dated 28-12-2023 regarding water sprinkling and road dust sweeping for abatement of ambient air pollution of the city but these measures are not adequate to remediate and prevent and control air pollution and all requisite measures are required to be taken by properly inquiring into and inventorization all sources of air pollution and remediating the causes thereof. Since the right to clean air and healthy environment is fundamental right, there cannot be any laxity, complacency and helpless acceptance of air pollution and higher AQI and PM2.5 in the name of necessity of economic growth and industrial development or constraints of financial resources.
78. In these facts and circumstances of the case, UPPCB cannot be said to have carried out requisite ambient air quality monitoring and to have prepared an air quality management plan of the Industrial area at Rampur, U.P.
79. Accordingly, UPPCB is directed to carry out ambient air quality monitoring and prepare and implement an Air Quality Management Plan of the Industrial area at Rampur, U.P. involving all stakeholders within three months and file report in this regard on or before 10.04.2026.
Development of Green Belt O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-120-80. The question which arises is as to whether respondent no.3-M/s Radico Khaitan Ltd. has not developed green belt as per consent conditions/environmental norms.
81. Development of green belt is considered to be most important strategic remedial measure for prevention and control of air pollution and for this purpose UPPCB imposed following condition on respondent no.3-M/s Radico Khaitan Ltd. in CCA dated 19.09.2022:-
"13. Unit shall develop Green Belt in minimum 33 percent area of Industrial Premises as per the provisions laid down in office order no. H16405/220/2018/02 dated 16-02-2018 of U.P. Pollution Control Board..."
82. In its report dated 04.05.2023, CPCB mentioned that the unit has total industrial area of around 39 acres. Out of 39 acres, unit has developed green belt inside the premises in 6.78 acre of land, which is approximately 17.38% of total land area. In addition, the unit has also developed green belt in approximately 6.49 acres area outside the industrial premises. As per the documents, the unit has total green belt area of 13.2 Acres. CPCB also noted the details of green belt area provided by respondent no.3 to it and mentioned the description of area along with the green belt developed as listed below;
Table 14: Details of green belt area
Sr. Description of Area Length Width Area
No. (M) (M) (sq. M)
1 Atal Park to new Roadways (Left 1400 3 4200
side)
2 Atal Park to new Roadways (Left 1400 3 4200
side)
Total in Sq. Mtr 8400
Total in (Acre) 2.10
Green belt attached to premises
3 Atal Park to GSP (Left side towards 950 6 5700
plant)
4 End of GSP plant towards Nainital 1100 3.5 3850
Road
5 Atal Park to Nainital road (Right 2000 4 8000
side)
Total in Sq. Mtr 17550
Total in (Acre) 4.39
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-121-
Green belt inside the premises
6 Main gate to security office 240 4 960
7 Admin Block 50 6 300
8 Colony area (Officers) 225 25 5625
9 Colony area (Officers) 125 25 3125
10 RKTS Lawn 95 45 4275
11 MRP Area 785 5 3925
12 GSP Main Road from RDL (Left side) 180 3 540
13 GSP Main Road from RDL (Left side) 84 3 252
14 GSM (Near CO2) 35 3 105
15 Printing (Side 1) 60 2 120
16 Printing (Front) 30 3 90
17 Dense Foresting & Plantation Area at 312.09 25 7802
KF
Total in Sq. Mtr 27119
Total in (Acre) 6.78
Grand Total Green Belt (Sq. Mtr) 53069
Grand Total Green Belt (Acre) 13.27
83. However, CPCB recommended in its report dated 04.05.2023 that the unit should develop adequate green belt as per the Specific condition no. 13 of the CCA issued by UPPCB dated 19.09.2022 thereby implying that green belt developed by respondent no.3 is not adequate to prevent and control air pollution in the industry.
84. This Tribunal noted in order dated 04.10.2023 that CPCB has not given details regarding nature, extent, density and species of trees and other vegetation planted in the green belt and directed CPCB to file additional report.
85. In compliance thereof, CPCB filed additional reports vide email dated 19.01.2024 and 03.04.2024 mentioning requisite details regarding nature, extent, density and species of trees and other vegetation planted in the green belt (which are not reproduced here as the same have been reproduced in earlier part of this judgment).
86. It may also be observed here that respondent no.3-M/s. Radico Khaitan Ltd. has also made detailed submissions in its replies including reply dated 29.08.2024 regarding development of green belt (relevant O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-122-parts of which have been produced in earlier part of this judgment and are not reproduced here to avoid repletion).
87. We appreciate the dedicated efforts made by respondent no.3 for development of green belt as mentioned in the reports filed by CPCB and replies filed by respondent no.3-M/s Radico Khaitan Ltd.
88. In view of the material on record respondent no.3-M/s. Radico Khaitan Ltd. must be held to have taken requisite steps for development of green belt.
89. However, in view of higher AQI in Rampur industrial area, further steps are required to be taken for development of thicker/dense green belt in the respondent no.3 unit and the area surrounding the same.
90. It may be observed here that in its additional reply filed vide email dated 29.08.2024, respondent no.3-M/s. Radico Khaitan Ltd. has mentioned that to explore possibility, if any, for green plantation inside the industrial premises, respondent no.3-M/s. Radico Khaitan Ltd.
requested the Divisional Forest Officer, Rampur vide letter dated 20.03.2024 to inspect the premises of the plant and advise whether it is possible to plant trees by way of Miyawaki method. Pursuant to this request, the DFO, Rampur visited the premises of respondent no.3-M/s.
Radico Khaitan Ltd. and conducted a thorough inspection of the property to determine whether plantation by Miyawaki method can be done in the premises. The DFO, Rampur vide letter dated 19.07.2024 stated that Miyawaki plantation within premises is possible. However, vide letter dated 16.08.2024, respondent no.3-M/s. Radico Khaitan Ltd.
gave an explanation why plantation is not possible in the areas identified by the DFO, Rampur. It was stated that the area identified by the DFO, Rampur namely in front of the guest house lawn is used as a O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-123-thoroughfare by the employees living in the guest house and their families. The guest house lawn was used for organizing training for the engineers, seminars and programmes for the family of the employees. It was also used as a playground for the children of the employees. The reply of the DFO, Rampur is awaited in this regard.
91. The DFO, Rampur is directed to look into, in consultation with respondent no.3-M/s Radico Khaitan Ltd., plantation which can be carried out in the premises of respondent no.3 and surrounding area and to submit report in this regard to UPPCB and respondent no.3-M/s Radico Khaitan Ltd. within three months specifying the plantation which can be carried out in terms of area, location, number and nature of species of trees in the premises of respondent no.3 unit and surrounding areas.
92. Respondent no. 3-M/s Radico Khaitan Ltd. is directed to carry out such plantation in terms of area, location, number and nature of species of trees in the premises of respondent no.3 unit and surrounding areas and to submit compliance report in this regard within next three months to UPPCB.
Generation and disposal of fly ash
93. The question which arises is as to whether respondent no.3-M/s Radico Khaitan Ltd. has failed to manage and dispose of fly ash in accordance with MoEF&CC Notifications, consent conditions and environmental norms and is thereby causing air pollution.
94. So far as generation and disposal of fly ash is concerned, UPPCB imposed Specific Condition No. 10 in the CCA dated 19.09.2022, which reads as under:-
"Fly ash shall be stored separately as per CPCB guidelines so that it should not adversely affect the air quality, becoming air O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.-124-
borne by wind or water regime during rainy season by flowing along with storm water. Direct exposure of workers to fly ash & dust shall be avoided."
95. In this regard, CPCB filed reports vide emails dated 19.01.2024 and 03.04.2024, CPCB (relevant par of report filed vide email dated 03.04.2024 which assimilates report filed vide email dated 19.01.2024 has been reproduced in the earlier part of this judgment and is not reproduced here to avoid repetition). In its reports, CPCB mentioned that respondent no. 3-M/s. Radico Khaitan Ltd. was providing fly ash to local farmers (on request basis) for agricultural purposes and for mixing with final bio-compost to the extent of approximately 12% (by weight) to enhance organic carbon content. CPCB also mentioned that fly ash was found stored on agricultural land near to the Hitachi bio-compositing site for use in agriculture purpose.
96. In its report dated 03.04.2024, CPCB also mentioned that as per MoEF&CC Gazette Notification dated 31.12.2021, ash generated from coal, lignite based thermal power plant can be used in agriculture in a controlled manner based on soil testing. CPCB also mentioned therein that the unit did not provide information on such controlled manner use in agriculture based on soil testing.
97. In its report filed vide email dated 03.04.2024, CPCB mentioned the following suggestive measures:-
"X X X X
4. The unit shall use ash for filling of low lying areas with prior permission of the State Pollution Control Board for approved projects.
5. The unit shall use fly ash on agriculture land in a controlled manner based on soil testing.
6. The unit shall consult a reputed agricultural institute to examine the benefit of blending ash in the ready compost and to seek advice about the information / instruction about soil testing required, which may be printed on the packaging of compost due to this blending.
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-125-7. The unit shall keep monthly records of ash generation and utilisation of ash in different avenues/uses permitted under Ash Notification 31.12.2021 with details of quantity of ash utilised in different avenues/uses with particulars of the land/fields where ash is applied for filling low lying area and agriculture purpose so that it can be verified by enforcement agency.
8. The transportation of ash should be done in wetted condition in vehicles covered with tarpaulin of suitable thickness.
9. The unit should ensure proper storage of ash within plant and at bio-compost sites to prevent air borne by wind / mixing with storm water."
98. In the course of hearing, this Tribunal noticed that there was a general report that fly ash was being used for filling low-lying areas but details of the low-lying areas were not available and vide order dated 19.09.2024 directed respondent no. 3-M/s Radico Khaitan Ltd. to file additional affidavit giving details regarding disposal of fly ash within three weeks which time was extended vide order dated 18.10.2024.
99. In compliance thereof, respondent no.3-M/s Radico Khaitan Ltd.
filed additional affidavit dated 20.11.2024 (the relevant part of which has been reproduced in earlier part of this judgment and is not reproduced here to avoid repetition). In its reply, respondent no. 3-M/s Radico Khaitan Ltd. mentioned that disposal of fly ash is done by it through contractually engaged agencies for removal of fly ash and shifting of the same outside the plant premises who supply the same on getting written requests from various users. Respondent no. 3-M/s Radico Khaitan Ltd. enclosed with its reply copies of request letters of the villagers, disposal receipts, photographs, soil test report, bio-
compost sample reports, photographs of packaged bio-composed product in support of submission that fly ash is disposed of in a manner having no adverse impact on environment. O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-126-100. Vide order dated 19.09.2024, this Tribunal directed UPPCB to give details of low-lying areas/measurement and quantum of fly ash stored therein by filing a supplementary report within three weeks.
101. In compliance thereof, UPPCB filed report vide email dated 16.10.2024 (the relevant part of which has been reproduced in earlier part of this judgement and is not reproduced here to avoid repetition).
In its report, UPPCB mentioned that as per documents provided by the unit regarding generation and disposal of fly ash, the unit generated and disposed around 10202 MT fly ash during last 06 months in 13 low-lying areas having total area of 29551 square meters.
102. Vide order dated 18.10.2024, this Tribunal directed UPPCB to file additional report observing that report submitted by it was not complete and the relevant part of the order reads as under:-
"6. Further, pursuant to order dated 19.09.2024, report has been submitted by Uttar Pradesh Pollution Control Board vide email dated 16.10.2024 but a perusal thereof shows that report is absolutely incomplete in as much as neither it is shown that Ministry of Environment Forest and Climate Change, Government of India orders issued in respect of disposal of flyash have been complied with nor it is mentioned that flyash disposed in alleged low lying area whether constitute agriculture or otherwise and if it is agriculture land whether consent of owners has been obtained and also whether disposal in agriculture land is consistent with order issued by Government of India in this regard and that quality contents of flyash has also not been examined so as to ascertain whether there is any damage due to seepage of leachate in groundwater and/or it is safe for environmental protection."
103. In compliance thereof, UPPCB filed additional report vide email dated 20.11.2024 (the relevant part of which has been reproduced in earlier part of this judgment and is not reproduced here to avoid repetition). In its report, UPPCB mentioned that respondent no. 3-M/s Radico Khaitan Ltd. disposed of fly ash through contractors for filling low-lying areas as per agreements copies of which were attached with O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-127-the report and that the UPPCB team had taken samples from ten sites where the unit had filled fly ash in last six months and on analysis parameters were found to be within prescribed limits. In its report, UPPCB also mentioned that direction dated 05.11.2024 was issued to the unit to comply with the MoEF&CC Notification dated 31.12.2021 and that on non-production during inspection of any data regarding compliance with MoEF&CC Notification dated 31.12.2021, show cause notice dated 19.11.2024 was issued to the unit.
104. Vide order dated 21.11.2024, respondent no.3-M/s Radico Khaitan Ltd. was granted two weeks' time to look into the report filed by UPPCB and file objection against the same.
105. In compliance thereof, respondent no.3-M/s Radico Khaitan Ltd.
filed reply dated 11.12.2024 (the relevant part of which has been reproduced in earlier part of this judgment and is not reproduced here to avoid repetition).
106. In its reply, respondent no. 3 submitted that the Notification issued by MoEF&CC on 31.12.2021 provides the norms for the disposal of fly ash generated by thermal power plants which use coal/lignite as fuel. CPCB Guidelines of 2019 were also issued for fly ash by thermal power plants using only coal as fuel. Respondent no.3 unit is using substantial quantity of rice husk as fuel and a very limited quantity of coal is used as fuel only to meet the remaining fuel requirement, that too when no biogas is used in the boilers. Fly ash generated by substantial use of rice husk as fuel with very limited ratio of coal cannot be equated with fly ash generated by using only coal as fuel by a thermal power plant.
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-128-107. In its reply, respondent no. 3 also mentioned that CPCB and UPPCB noted that the emissions from the boiler were within prescribed parameters and that samples of ground water from the fly ash sites and surrounding areas were also found to be within the prescribed parameters.
108. Respondent no. 3 also mentioned that respondent no. 3 is disposing of the fly ash for activities like building construction, road construction, parks, playgrounds and industrial land filling which are permissible uses of fly ash under MoEF&CC Notification dated 31.12.2021. Respondent no.3-M/s Radico Khaitan Ltd. also mentioned that UPPCB had discharged show cause notice dated 19.11.2024 vide letter dated 06.12.2024 after considering reply dated 28.11.2024 of respondent no.3-M/s Radico Khaitan Ltd.
109. In view of the material on record respondent no.3-M/s Radico Khaitan Ltd. cannot be said to have failed to manage and dispose of fly ash in accordance with MoEF&CC Notifications, consent conditions and environmental norms.
110. However, it may be observed here that this Tribunal has considered unregulated disposal of fly ash in low-lying areas through contractors as unscientific mechanism and not legally permissible.
Reference in this regard may be made to order dated 22.03.2023 in O.A. No. 744/2022 with O.A. No. 277/2022. In O.A. No. 369/2022, Sachin Tomar vs. State of U.P. and Others, this Tribunal observed that in number of cases, the project proponents enter into agreements with the third parties for disposal of fly ash which are reporting compliance by submitting that the fly ash is being disposed of in low-
lying areas. Since fly ash generated by coal based industries contains O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-129-harmful heavy metals, it is appropriate that the same is not utilized for filling of any agricultural areas and is utilized by cement or brick making industry. These aspects have to be looked into and the monitoring mechanism needs to be evolved to ensure proper disposal of fly-ash. Accordingly, vide order dated 06.10.2023 this Tribunal directed the Member Secretary, UPPCB to file an affidavit mentioning the mechanism evolved for verifying the development of green belts and disposal of fly-ash by the project proponents in accordance with the EC/consent conditions.
111. In compliance thereof, affidavit dated 15.01.2024 of Mr. Sanjeev Kumar Singh, Member Secretary, UPPCB was filed by Chief Environmental Officer, Circle-3, UPPCB vide email dated 16.01.2024 and copy of draft mechanism was enclosed with the affidavit as annexure- 2. However, there was no mention in the affidavit as to what steps had been taken to finalize the draft mechanism. On the other hand, it was submitted that it has been proposed to select a pioneering agency for study regarding eco-friendly disposal of fly ash generated by coal based industry through online Government of India GeM Portal.
112. Vide order dated 18.01.2024 passed in above mentioned case, UPPCB was directed to finalize the mechanism for proper disposal of fly ash by all polluting industries within six months and thereafter ensure compliance by the industries with the same.
113. In the present case, vide order dated 24.03.2024, UPPCB was directed to file additional response specifically mentioning as to whether the draft SOP issued by it regarding management and disposal of fly ash has been finalized or not and if the same has been finalized to produce copy thereof.
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-130-114. In compliance thereof, additional affidavit was filed by respondent no.2-UPPCB vide email dated 08.07.2025 by mentioning in vague manner regarding issuance of draft mechanism and also inspection of the project proponent unit on 02.07.2025 and enclosing copy of inspection report dated 04.07.2025 but without mentioning as to what steps had been taken to finalize the draft mechanism.
115. It is evident from above reply filed by UPPCB that UPPCB has not finalized the draft mechanism and has not issued appropriate directions and is not incorporating appropriate conditions regarding disposal of fly ash/ash by the project proponents.
116. We express strong displeasure regarding non-compliance by UPPCB with the order passed by this Tribunal in O.A. No. 369/2022, Sachin Tomar vs. State of U.P. and Others.
117. It may be observed here that this Tribunal has again, vide order dated 06.11.2025 passed in O.A. No. 602/2023, Sadar Satnam Singh vs. State of U.P. and Others, directed UPPCB to finalize the draft mechanism for proper utilization of fly ash generated by coal based industries and also ash generated by other industries and file compliance report within six months positively.
118. In the present case, UPPCB is again directed to upload the draft mechanism covering coal based industries generating fly ash as well as other industries generating ash on the website of UPPCB seeking responses from the stakeholders and to finalize the same after due consideration of the responses from the stakeholders received and to issue directions to all coal based industries in the State of U.P. and to include appropriate specific conditions in the O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-131-CTOs issued by UPPCB within the period granted by this Tribunal vide order dated 06.11.2025 passed in O.A. No. 602/2023, Sadar Satnam Singh vs. State of U.P. and Others. Report in this regard may be filed by UPPCB before the learned Registrar General of this Tribunal within the period mentioned therein and in any case before 15.07.2026.
119. In view of the recommendations made by CPCB in its report dated 03.04.2024, we consider it appropriate to direct UPPCB to include in the Mechanism, which is to be finalized as directed above, the following directions:-
(i) The unit shall use ash for filling of low-lying areas with prior permission of the State Pollution Control Board for approved projects.
(ii) The unit shall use fly ash on agriculture land in a controlled manner based on soil testing.
(iii) The unit shall consult a reputed agricultural institute to examine the benefit of blending ash in the ready compost and to seek advice about the information / instruction about soil testing required, which may be printed on the packaging of compost due to this blending.
(iv) The unit shall keep monthly records of ash generation and utilisation of ash in different avenues/uses permitted under MoEF&CC Notification dated 31.12.2021 with details of quantity of ash utilised in different avenues/uses with particulars of the land/fields where ash is applied for filling low-lying area and agriculture purpose so that it can be verified by enforcement agency.
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-132-(v) The transportation of ash should be done in wetted condition in vehicles covered with tarpaulin of suitable thickness.
(vi) The unit should ensure proper storage of ash within plant and at bio-compost sites to prevent it being air borne by wind/mixing with storm water.
120. CPCB is also directed to issue appropriate clarifications regarding applicability of MoEF&CC Notification dated 31.12.2021 as amended up to date and also Guidelines for disposal/utilization of fly ash for reclamation of Low-Lying Areas and in stowing of Abandoned Mines/Quarries issued by CPCB in March 2019 to coal based industries generating fly ash and also to other non-coal based industries generating ash and also to issue separate Guidelines for non-coal based industries generating ash for eco-
friendly disposal of fly ash/ash without any adverse impact on environment. Such clarifications/Guidelines with PAN India Applicability may be issued within six months and report in this regard may be filed before the learned Registrar General of this Tribunal on or before 15.07.2026.
Utilization of CSR/CER Funds
121. Vide order dated 04.10.2023, this Tribunal directed respondent no.3-M/s Radico Khaitan Ltd. to furnish information regarding utilization of its CSR/CER funds.
122. In compliance thereof, respondent no.3-M/s Radico Khaitan Ltd.
filed replies vide emails dated 21.01.2024 and 29.08.2024. In its reply filed vide email dated 29.08.2024, respondent no.3-M/s Radico Khaitan Ltd. mentioned that respondent no.3-M/s Radico Khaitan Ltd. has constituted a Sustainability and Corporate Social Responsibility O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-133-(CSR) Committee in accordance with Section 135 of the Companies Act, 2013 read with Companies (Corporate Social Responsibility Policy) Rules, 2014. In its reply, respondent no.3-M/s Radico Khaitan Ltd. also mentioned the CSR expenditure incurred on Environment & Sustainability and activities undertaken during the years 2022-23 and 2023-24 which include 'Plantation and connected activity', 'Water Harvesting and Related Activities', 'Animal Welfare and Maintaining Quality of Soil and Water' and 'Help for Flood Affected People'.
Respondent no.3-M/s Radico Khaitan Ltd. should attach highest priority in continuing CSR activities and CSR activities may also include health, education, skill development, rejuvenation of ponds/water bodies/lakes in District Rampur, water harvesting, women self-help groups, plantation in District Rampur for ensuring ecologically sustainable development.
123. We are also of the considered view that M/s Radico Khaitan Ltd.
running respondent no.3 unit, which falls in the category of polluting industry and is abstracting ground water through three bore-wells and is discharging treated sewage in the drain, must accord highest priority to proper cleaning and maintenance of drain, restoration/rejuvenation of ponds/water bodies for recharge of ground water and plantation in the unit, sides of drain and surrounding areas and also creation of awareness for public participation in War Against Pollution, Making District Rampur clean and green and for Protection and Improvement of Environment by utilization of CSR/CER Funds.
124. I.A. No. 407/2024 and I.A. No.469/2025 were filed by respondent no. 3 for exemption from filing official translation of vernacular documents and in view of the reasons mentioned therein, the same are allowed accordingly.
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-134-125. In view of the above, the Original Application is disposed of with the following directions:-
(i) UPPCB is directed to carry out the inventorization of the pollution, source of the drains and groundwater and prepare and implement Water Quality Management Plan at Rampur, U.P. within three months and file report in this regard on or before 10.04.2026.
(ii) Respondent no. 3-M/s Radico Khaitan Ltd. is directed to take requisite remedial measures regarding good housekeeping in bio-
compost area and submit compliance report to UPPCB specifically mentioning the measures so taken within three months.
(iii) Respondent no. 3-M/s. Radico Khaitan Ltd. is directed to support and contribute to the efforts of Nagar Palika Parishad, Rampur in regular cleaning and maintenance of the drain by including the activity in its CSR/CER activities.
(iv) The Divisional Forest Officer, Rampur is directed to look into the aspect of carrying out plantation on the sides of the drain in consultation with other concerned authorities and thereupon such plantation, as is possible in view of topography, may be carried out by the Divisional Forest Officer, Rampur and respondent no. 3-M/s. Radico Khaitan Ltd. is directed to support and contribute to such plantation by including the activity in its CSR/CER activities.
(v) UPPCB is directed to verify and mention in its periodical inspections reports the aspect of connection of OCEMS installed on Stacks with CPCB and UPPCB server and to take appropriate action in this regard, if so required.
O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-135-(vi) UPPCB is directed to carry out Ambient Air Quality Monitoring and prepare and implement an Air Quality Management Plan of the Industrial area at Rampur, U.P. within three months and file report in this regard on or before 10.04.2026.
(vii) The DFO, Rampur is directed to look into, in consultation with respondent no.3-M/s Radico Khaitan Ltd., plantation which can be carried out in the premises of respondent no.3 and surrounding area and to submit report in this regard to UPPCB and respondent no.3-M/s Radico Khaitan Ltd. within three months specifying the plantation which can be carried out in terms of area, location, number and nature of species of trees in the premises of respondent no.3 unit and surrounding areas.
(viii) Respondent no. 3-M/s Radico Khaitan Ltd. is directed to carry out such plantation in terms of area, location, number and nature of species of trees in the premises of respondent no.3 unit and surrounding areas and to submit compliance report in this regard within next three months to UPPCB.
(ix) UPPCB is again directed to upload the draft mechanism covering coal based industries generating fly ash as well as other industries generating ash on the website of UPPCB seeking responses from the stakeholders and to finalize the same after due consideration of the responses from the stakeholders received and to issue directions to all coal based industries in the State of U.P. and to include appropriate specific conditions in the CTOs issued by UPPCB within the period granted by this Tribunal vide order dated 06.11.2025 passed in O.A. No. 602/2023, Sadar Satnam Singh vs. State of U.P. and Others. Report in this regard may be filed by UPPCB before the learned Registrar O.A.No.152/2022 Ghanshyam Singh Pasi Vs. State of U.P. & Ors.
-136-General of this Tribunal within the period mentioned therein and in any case before 15.07.2026.
(x) CPCB is also directed to issue appropriate clarifications regarding applicability of MoEF&CC Notification dated 31.12.2021 as amended upto date and also Guidelines for disposal/utilization of fly ash for reclamation of Low-Lying Areas and in stowing of Abandoned Mines/Quarries issued by CPCB in March 2019 to coal based industries generating fly ash and also to other non-
coal based industries generating ash and also to issue separate Guidelines for non-coal based industries generating ash for eco-
friendly disposal of fly ash/ash without any adverse impact on environment. Such clarifications/Guidelines with PAN India Applicability may be issued within six months and report in this regard may be filed before the learned Registrar General of this Tribunal on or before 15.07.2026.
126. A copy of this judgment may be sent to the applicant for information and to the concerned respondents by email for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM December 17th, 2025 ag