SHAILESH SINGH v. STATE OF UTTAR PRADESH

Bhella in Muradabad is a tributary of Kosi river in Rampur which is a tributary of Ramganga, which in turn is a tributary of river Ganga.

Procedural History

2. The matter has been pending before the Tribunal since 2016 and several orders have been passed but reference may be made to last few orders relevant for discussion in today's order. First order we may refer is order dated 20.5.2019 whereby the matter was reviewed by the Tribunal. The Tribunal noted the acknowledged pollution of river Bhella in Muradabad, particularly at the point where it meets Rampur drain. It was noted that one of the major polluters i.e. M/s Radico Khaitan Limited (Distillery Unit), Rampur, was directed to be closed by the Central Pollution Control Board (CPCB) but it continued to operate even during the currency of closure order. No action was reported against other known polluting industries. The Tribunal directed a joint Committee of Member Secretary, CPCB and Member Secretaries of Uttar Pradesh PCB (UPPCB) and Uttarakhand PCB (UKPCB) to undertake further inspections of the polluting industries which was to be overseen by Justice Arun Tandon, former Judge of Allahabad High Court, who was at that time heading the monitoring Committee to oversee remedial action against pollution of Ganga. The Tribunal also required the CPCB and the UPPCB to explain as to how in spite of closure order, the unit of M/s Radico Khaitan Limited continued to function and what action was taken against such illegal operation as well as persons who allowed such illegal operations, by colluding with the said unit or otherwise.

3. The second order we refer is dated 23.07.2019 in the light of report of the CPCB dated 05.07.2019 and joint committee report dated 05.06.2016, in pursuance of the first order. The Tribunal observed:

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"2. Accordingly, report dated 05.07.2019 has been filed by the CPCB which was the nodal agency of the joint Committee.

1. The report is to the effect that closure direction was issued by the CPCB on 24.12.2018 against M/s Radico Khaitan Limited (Distillery Unit), Rampur under Section 5 of the Environment (Protection) Act, 1986 but the said unit continued to operate illegally in collusion with the concerned authorities. On 05.06.2019, the joint Committee carried out an inspection which was overseen by Justice Arun Tandon, former Judge of Allahabad High Court. An inspection was also carried out in respect of the said unit and other industries in the catchment area of river Bhella and river Kosi from 10.06.2019- 12.06.2019. Based on the said report, the CPCB, vide letter dated 03.07.2019, required M/s Radico Khaitan Limited to submit time bound action plan to restrict the capacity of lagoon by filling/levelling/dismantling the excess capacity of the lagoons. CPCB re-calculated the environmental compensation and assessed the same at Rs. 7,29,00,000/- out of which amount Rs. 1,45,80,000/- was deposited and the remaining amount of Rs. 5,83,20,000/- is yet to be deposited.

2. Explaining the reason how in spite of the closure order, the unit continue to function, it is submitted that the Principal Secretary, Excise Department, U.P. requested CPCB to review the order. The Unit made prayer for revoking the closure direction on 20.02.2019 and 01.03.2019. Recommendation for revocation of closure was made. The Member Secretary, UPPCB vide letter dated 01.04.2019 asked CPCB to review the closure direction. Principal Secretary, Excise Department also repeated such request on 02.04.2019. Conditional revocation was allowed on 17.05.2019 but the unit continued to operate thereafter. The Unit representative informed during inspection from June 10-12, 2019 that the 'highest Officers of the State' had orally instructed the Officers and Managers of M/s Radico Khaitan Limited to continue the production even after the closure order passed by the CPCB. A letter has been written by the CPCB to the Chief Secretary, Uttar Pradesh on 24.06.2019 to identify and provide names of Officers who allowed illegal operation of the unit in spite of the closure direction. No reply has been received.

3. The report also annexes an inspection report, which is in two parts, signed by Justice Arun Tandon. Compilation - I records the proceedings during the inspection and Compilation - II records the suggestions and observations. It will be appropriate to reproduce the said suggestions and observations:-

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"M/s Radico Khaitan Limited

I. Manufacturing of alcohol by the unit even after the closure order of the CPCB, i.e., between 17.02.2019 to 11.05.2019 is totally unjustified and virtually amounts to negation of rule of law.

II. Officers of the State of Uttar Pradesh who had orally instructed the officers and managers of Radico Khaitan Ltd. to continue the production even after the closure order of the CPCB, and those who failed to ensure the closure must be identified by the Chief Secretary of the State of Uttar Pradesh and suitable action shall be taken.

III. Open lagoons must be replaced by covered storage Steel tanks for receiving the spent wash of molasses with provision for controlled discharge of gases therefrom. This is necessary, as large open surface area of existing lagoons leads to more amount of air being polluted after coming into contact with spent wash. All suitable amendments may be carried by CPCB in guidelines.

IV. The primitive method of marking with red at a particular height in the lagoons be eliminated and if necessary, then, only required capacity lagoon duly calibrated, be permitted. Excess capacity must be filled or dismantled scientifically.

V. Withdrawal of underground water must be restricted to the minimum required quantity with a condition of payment of water charges on the principle 'more the consumption higher the rate'. This will act as a deterrent for withdrawal of underground water beyond what is necessarily required by the unit.

VI. Strict monitoring on readable parameters be done in respect of recharging the underground water through rain water harvesting by the unit etc.

VII. Calibration of water flow meters be ensured by government agencies with verification at least once in a year.

VIII. The unit must utilize the land which will become available after removal of the lagoons, or otherwise for thick forestry in the ensuing rainy season.

IX. The industry must be asked to control its production so as to ensure that in no case spent wash collected in the lagoons exceeds its fixed capacity on monthly basis.

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X. The land area necessarily required for bio- composting in respect of disposal of spent wash must be calculated and the industry must keep that land area fully covered with provision of leachate collection drains. No composting be permitted on uncovered land.

XI. The unit must maintain specific verifiable records, which can be examined at any given point of time in respect of total quantity of bio-compost generated and sold to the known purchasers. The distillery must maintain similar records in respect of solid waste and disposal thereof to known vendors.

XII. CPCB has calculated the Environmental compensation amount (as per the methodology of EC) in compliance of the NGT order dated 20.05.2019 which is Rs.7.29 Crores including the EC imposed earlier.

XIII. In addition, the entire price money received in respect of alcohol/products generated by the industry during the period of the CPCB closure order, i.e., between 17.02.2019 to 11.05.2019 be recovered as Environmental Compensation (EC).

XIV. Separate electricity meter exclusively for ETP shall be installed and its bill must be kept on site for verification.

INDIA GLYCOLS LTD.

I. Reasons for availability of 90000 m3 of spent wash with solid contents of less than 1 % only in the lagoons of the industry must be ascertained and suitable action should be taken for violating the norms of the

CPCB.

II. Distillery unit of the company should be permitted to function at half of the licensed/consented capacity till it disposes off the huge volume of spent wash available in the lagoon as on 11.06.2019. SPCB should ensure that this spent wash with low solid concentration is not discharged in the drains by the unit during the forthcoming rainy season and strict vigilance should be kept by SPCB. A quarterly report must be submitted by SPCB citing progress in compliance made.

III. The industry must be asked to come up with a concrete proposal for disposal of ash

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generated in the industry as well as for the ash lying in the open. The industry must provide a time bound action plan for disposal of already generated ash within 15 days.

IV. In absence of 'No Objection Certificate' from Central Underground Water Authority no extraction of underground water be permitted.

V. The industry has drawn nearly 55 lakhs litres of underground water every day with no obligation of recharge/rain water harvesting etc. This must be stopped immediately and the industry must be asked to take additional measures for re- charge of the underground water/rain water harvesting with due regard to the amount of underground water drawn by it in last 5 years.

VI. The industry must be asked to pay compensation for illegal withdrawal of underground water for last so many years in garb of pendency of their renewal applications for 'no objection' before CGWA.

VII. The amount payable by the Company for withdrawal of underground water must be fixed on the principle 'more the withdrawal, higher the rates'. The charge which has not been paid for years must be recovered with interest at the rate of 18% per annum.

VIII. The land which will become available because of the dismantling of the lagoons and even otherwise the surrounding area of lagoons must be utilized for dense forestry in the coming monsoon season.

IX. CPCB has calculated the Environmental compensation amount (as per the methodology of EC) 1n compliance of the NGT order dated 20.05.2019 which is Rs.13,54,50,000/-, to be paid by the unit.

X. CPCB must direct the unit to dismantle all excess storage capacity of lagoons in terms of the direction of CPCB dated 07.12.2015 forthwith. CPCB/SPCB shall submit a quarterly report on compliance of its own order.

All Industries

I. Applications for 'no objection certificate' should be considered and decided within

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a month by CGWA and if the applications are not found satisfactory then the same must be rejected with a further direction to stop water extraction.

II. The charges payable by the company for withdrawal of underground water must be fixed on the principle 'more the withdrawal, higher the rates'. The water charges which has not been paid for years must be recovered together with the interest at the rate of 18% per annum.

III. The norms for recharge of underground water and rain water harvesting etc. must be fixed. Flow meters must be calibrated by Government-agencies and verified at least once in a year.

IV. The industries encroaching upon the drains must be asked to clear the encroachments and drains must be left free to flow in their natural course.

V. Actual requirement of underground water by the industry must be verified through independent Government agencies.

VI. All industries must be asked to maintain verifiable records of ETP waste and other solid waste generated as well as its disposal to the known buyers.

VII. No additional pump with loose connection be permitted as stand by at ETP of any of the industry.

VIII. CPCB/SPCB shall take necessary actions against the non-complying industries namely:

a) M/s Multiwal Duplex Pvt. Ltd. Kundeshwari Road, Kashipur

b) M/s Damya PJ Foods Pvt. Ltd., &

c) M/s Varun Steel. Others

I. De-silting of drains must be completed at the earliest with a direction to transport the removed silt to a safe identified place.

II. Joint inspection of all 86 GPI industries be undertaken a fresh in light of issues considered in the report.

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III. All Inspection/analysis reports have been placed before me during the meetings at Delhi which I have examined.

IV. Wherever timelines have been fixed for works to be undertaken by industries-, performance bank guarantee must be insisted upon as a condition of revocation.

V. Many of suggestions and observations made under para A, B and C are generic and applicable/ per-se for all industries. These may require revision of Guidelines and Charter being followed by Central and State PCBs which regulating and monitoring the operations of these industries. Necessary and suitable review and revision of these Guidelines and Charters may be carried out by Central and State PCBs in fixed time frame of four months."

4. Compilation - I records inter-alia as follows:-

"After the meeting with the officials of the CPCB, UPPCB, UEPPCB and CGWA and examination of various orders at Delhi on 26th and 28th of June, 2019, the following discrepancies have been found. The same are listed industry wise:

Radico Khaitan Ltd. (Distillery Unit), Rampur, UP

a) The industry had continued with the production despite the closure order of CPCB between 07.02.2019 to

11.05.2019.

b) The industry had neither filled nor dismantled the excess capacity in the lagoons despite the directions of CPCB dated 24.02.2015, 23.04.2015 and 07.12.2015. The CPCB's order dated 18.02.2019 mentions non-compliance of the conditions as per the order of CPCB dated 07.12.2015 as one of the grounds for revoking the order keeping the closure order in abeyance. Yet the order of CPCB/UPPCB permitting the partial operation of distillery dated 17.05.2019 makes no mention of said violation.

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c) No objection certificate granted by CGWA has expired on 02.10.2018. Not even a single penny is being paid towards withdrawal of underground water since 30.11.2016. India Glycols Ltd.

a) Under the order dated 24.06.2004 permitting capacity expansion of the industry to increase its capacity from

205 KLD to 425 KLD it was specifically provided that the production of alcohol from molasses shall be restricted to working for 330 days in a year. This condition has been violated by the India Glycols Ltd. for years together as the industry had been working for 365 days in a year.

b) In the no objection certificate granted by CGWA dated 26.02.2009 for the ethanol unit, it is specifically mentioned that the same is valid till the area remains under the safe category five years whichever is earlier. The category of Kashipur area was changed from safe to semi critical in 2013, and the term of the five year expired on 25.01.2014. Therefore, the NOC of CGWA at the first instance expired in 2013 and in any case on 25.02.2014. There is no valid NOC in favour of ethanol unit since thereafter for more than five years. The industry has been extracting underground water to the tune of 55 (fifty five) lac litres per day without NOC from CGWA for its Ethanol unit.

c) In respect of the chemical unit, NOC was granted by CGWA dated 14.01.2016, the expansion programme by permitting additional withdrawal of 459m3 of water per day in addition to the existing NOC for 2596 m3 per day. This permission was valid for two years only, which expired on 14.01.2018. For the chemical unit also, there is no NOC from CGWA subsequent to 15.01.2018. The NOC was granted on 14.01.2016 without clarifying that the unit has no valid permission for ground water extraction for the original withdrawal

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itself. There has been extraction of underground water for chemical unit without any NOC from CGWA since 15.01.2018. No water charges are being levied upon the unit since 30.06.2017 on the ground that Water Cess Act, 1977 has been repealed by Act. No. 18 of 2017.

d) Since M/s IGL had resorted to incineration instead of Bio-composting the CPCB directed on 24.02.2015, 23.04.2015 and 07.12.2015, that it can have a storage capacity of 7 days in the lagoon only at all stages. The excess storage capacity has either to be filled or dismantled. State Pollution Control Board vide order dated 13.03.215 had instructed the M/s IGL to either fill or dismantle the excess storage capacity on or before September 2016. In fact, neither the filling of the lagoon nor the dismantling have been done by IGL till date.

e) As per CPCB direction dated 22.12.2016 IGL was asked to close its 98 KLD Plant, yet no direction was issued for dismantling or filling of lagoon while permitting the continuous operation of

240 KLD Plant. As per CPCB direction dated 24.02.2015, 23.04.2018 and dated 07.12.2015 IGL could use the lagoons only till 31st March 2016. Contrary to the said direction, IGL continued to operate its plant and stored spent wash in lagoon till 28.01.2017 when it was sealed by SPCB. No explanation has been provided by industry as to how it continued to use the lagoons between April, 2016 to January 2017.

f) Consent to operate was granted by SPCB on 06.07.2017 with specific condition to dispose of the generated spent wash through Multi Effect Evaporator (MEE) and to use concentrate in the boiler. The industry while acting on said consent to operate deliberately did not comply with the said condition and spent wash with low solid content continued to be stored in lagoon outside the factory premises.

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g) A joint inspection of industry was carried out on 19th April 2018 under orders of NGT dated 13.07.2017 passed in O.A. No. 200/2014 by joint team comprising of experts of 3rd party technical institutes PCRI, Haridwar (on behalf of CPCB) and SPCB. The report submitted does not mention of either compliance with the condition of the consent to operate dated 06.07.2017 or of availability of the spent wash in lagoon. Joint inspection done by the State Pollution Control Board and the Central Pollution Control Board (through third party) in terms of the order of the National Green Tribunal dated 13.07.2017 passed in O.A. No. 200 of 2014 does not reflect upon any of the infirmity and illegality noted in this report. It appears that the joint inspection report has been prepared without actual spot inspection and verification of the records. On 20th April 2018, a fresh consent to operate was again granted by SPCB to IGL Ltd. without mentioning non-compliance of the earlier consent, non-availability of NOC from the CGWA or availability of spent wash in the lagoon.

h) CPCB on 07.02.2019 issued show cause notice under section 5 of E(PO) Act, 1986 based on joint inspection dated 19.01.2019 with regard to availability of the spent wash diluted with rain water to the tune of 70,000 m3 in the lagoon and finally under order dated 14.03.2019 issued direction for dismantling of lagoon on or before June 2021, without taking any action for breach of direction issued earlier.

i) It is for the first time in the order dated 14.03.2019, CPCB refers to another lagoon used for storing concentrated spent wash before incineration, as informed by the industry inside the industry premises. SPCB informed in the meeting that the capacity of this lagoon is about 1,00,000 m3 which is filled by accumulated sludge. This storage capacity is also in violation of CPCB's circulars dated 24.02.2015, 23.04.2015 and 07.12.2015.

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j) On 28.06.2019, CGWA has informed in the meeting that Kashipur is now semi critical area it shall not be granted any NOC. Renewal is also a new grant. Even otherwise in case of IGL because of the change of the status of the area no renewal application would be maintainable and the industry has to apply afresh under the conditions applicable to semi critical area.

k) despite all this SPCB granted permission to operate in the month 2018 both for the alcohol industry and the chemical unit in the said factual scenario.

l) The company has been permitted to resort to incineration since January 2017 in place of Bio-composting. The total ash generated due to incineration by the super heater is around 62 metric ton per day while that generated by the slop is 66 metric ton per day. In all the total ash generated by the unit is 128 metric ton per day. There is no proposal on record by M/s IGL in respect of disposal of such huge quantity of ash generated on per day basis. Similarly, it is found that neither the SPCB nor CPCB have till date provided any direction/guidelines in matter of disposal of the ash generated by the unit. The present scenario at IGL, if reflected in other words, would be that a STP has been installed to treat the sewage but there is no plan for disposal of the sludge generated therein.

m) While returning from Kashipur on 12.06.2019 near the border of the district Rampur, industries were found emitting large volume of gas from large chimney. Heaps of fly ash were found collected near the roadside. The industries identified are (i) Pashupati Acrylyn and Nani Papers situate on left bank of Dhandi Drain Kashipur Road, Moradabad. CPCB/UPPCB shall conduct detailed inspection of the units and take immediate actions."

5. Learned counsel for the CPCB, Uttar Pradesh State PCB and Uttarakhand State PCB have suggested that the inspection report may be accepted and further action be taken. Learned counsel appearing for M/s Radico Khaitan Limited states that the said unit will comply with

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the observations in the report. There could be no basis for questioning the report furnished by the joint Committee of senior Government functionaries which has been overseen by the former Judge of the High Court.

6. Learned counsel appearing for M/s India Glycols Limited, however, tried to justify the illegal drawal of ground water without sanction even though the area is semi critical, on the ground that application for sanction was 'pending'. We do not find any merit in this submission. Delay in deciding renewal application could not be treated as a licence to draw the ground water. The unit could take remedy against such inaction. While regulatory authorities are required to act promptly but any inaction is not a ground for a citizen to take the law in his hands instead of approaching the concerned higher authority or the Court.

7. We, thus, do not find any ground not to accept the report of the joint Committee, including the amount of compensation to be recovered. The same may be acted upon forthwith. The Chief Secretary, Uttar Pradesh may give response to the observations and suggestions of Justice Tandon indicating why the higher amount of compensation and interest be not recovered in view of illegal operation of the said unit in collusion with the authorities of the state. The decision on the issue of recommendations of Justice Tandon on the subject of interest and higher compensation will be taken later. The Chief Secretary, Uttar Pradesh may also give his response to the letter of the CPCB and identify the persons who interfered with the process of law to benefit the said polluting unit and action taken against such persons by e-mail at judicial- ngt@gov.in. The joint Committee may furnish further action taken report within three months by e-mail at judicial-ngt@gov.in."

4. The third and the last order to be referred is order dated 15.01.2020 in the light of reports of the CPCB, State PCB and the Ganga Pollution Monitoring Committee (GPMC) headed by Justice Arun Tandon (referred to in para 1 above). The Tribunal directed action in terms of the recommendations of report of the CPCB and also in terms of the recommendations of the GPMC on the subject of illegal extraction of groundwater. Directions were issued to the States of Uttarakhand and UP to take action against individual industries ensuring action against illegal

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extraction of groundwater. Further direction was to ensure recovery of compensation. The Chief Secretary, UP was directed to file response to the observations about illegal operation of the units claimed to be with the permission of the higher authorities. It will be appropriate to reproduce the discussion and contents of the reports considered by the Tribunal followed by operative part of the order which are as follows:

"3. …. three reports have been placed for consideration. First report has been filed by the Monitoring Committee constituted by this Tribunal making certain recommendations. Second report is by CPCB based on information furnished by State PCB with regard to status of compliance of earlier recommendations. Third report is dated 06.12.2019 by same Monitoring Committee. Details are as follows:

i. Report dated 23.10.2019 by the Monitoring Committee, Ganga Phase-II headed by Justice Arun Tandon.

The report recommends that ground water extraction must be taken before consent to establish and consent to operate granted by the State PCB. The CGWA must frame SOP on the subject of regulating and protecting ground water. Permission of disposal of waste by incineration must be accompanied by safeguards to ensure that one waste is not converted to other kind of waste. Joint inspection must be done at regular intervals in respect of GPIs. Extraction of ground water must be minimised with complete recovery and reuse measures for recycling and replenishment of ground water must be mandatory.

ii. Further action taken report dated 27.11.2019 has been filed by the CPCB based on information furnished by the State PCB as well as discussion with the joint Committee.

The status of the directions and action taken are mentioned as follows:

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Para 5 Reasons for availability of  Lagoon site visit was undertaken

Sr.I 90000 m3 of spent wash on 15.11.2019 by the joint team of with solid contents of less UEPPCB and CPCB officials under than 1% only in the lagoons supervision of Justice (Retd.) Arun of the industry must be Tandon for physical verification of ascertained and suitable utilization of stored spent wash. action should be taken for

violating the norms of the  As per the visit of the Joint team CPCB. on 15.11.2019, it was informed by

the representative of the unit that;

i. Bio-methanated spent wash with solid content of 3-5 % from

98 KLD effluent stream was stored in the lagoon for further composting. Production of 98 KLD stream was closed by UEPPCB and the connected lagoon was disconnected and sealed by UEPPCB on

28.01.2017. The stored bio- methanated spent wash mixed with rain water over the years (Even before Jan-2017)

resulted in accumulation of diluted bio-methanated spent wash of about 1 % solids with volume of about 90,000 m3.

ii. The unit has utilized 18000 KL of stored spent wash in Bio- composting as on 31.10.2019. Next batch of bio-composting is under process.

iii. Lagoon containing bio- methanated spent wash is being used for filling with incinerator fly ash, which absorbs spent wash and a levelled surface has been created by filling a part of the lagoon.

 The Unit could not provide documentary evidence regarding the quantity and quality of stored spent wash in the lagoon at the time of sealing.

 CPCB had already issued a direction dated 14.03.2019 to the unit u/s 5 of E(P) Act, 1986, to utilize the stored spent wash and dismantle the lagoon.

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and submitted the report to CPCB and observed during visit that,

1. The filling up of the lagoon located inside the unit's premises and plantation activity was found under progress.

2. The unit was using the stored spent wash of the lagoon located at Dabhora site in bio- composting and the lagoon was being filled up by using ash and soil.

3. The steel tank for storage of concentrated spent wash was under construction and 80-90 % work was found completed. The work will be completed by

15.11.2019.

4. As per CPCB direction dated 14.03.2019, the unit is using the stored spent wash in bio-composting. During inspection, the unit

representative informed that they have started the 2nd cycle of bio-composting after completion of rainy season that is October-2019. The unit has consumed approx. 6000 m3 spent wash. Till now total 18000 m3 spent wash has been

consumed. Apart from this, unit representative informed that, from lst cycle of bio-composting, 1800 ton of capacity lagoon in a time bound manner. Bio- compost is generated. Out of this 31650 Quantal bio-compost has been sold. During

inspection filling of lagoon with ash and soil was found under progress. The unit is purchasing press mud from Rathi Traders. The quality of bio-compost is being checked by Eco Pro Engineer Pvt. Ltd. The unit is also under process of

constructing steel tank for storage of spent wash, whose storage capacity will be for 07 days. Presently, the unit is operating the plant on 150 KLD in place of 240 KLD.

 The joint team of UEPPCB and CPCB officials headed

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were found earlier was stopped.

2. M/s Damya PJ Foods Pvt. Ltd., Rampur, UP

As per UPPCB letter dated 22.11.2019, it was informed that:

1. UPPCB issued show cause notice under Water Act, 1974 on 19.07.2019 to the unit for the non-compliances observed during the joint inspection dated 12.06.2019. (copy of the SCN is placed at Annexure-21

2. UPPCB has also levied Environment compensation of Rs. 2.5 lacs on the unit in the above mentioned SCN.

3. The unit has deposited Rs. 2.5 lacs as Environment

Compensation to UPPCB.

4. UPPCB has issued SCN dated 02.11.2019 to the unit for not having NOC of CGWA. Copy of the same is placed at Annexure-22.

5. UPPCB has carried out inspections on 22.10.2019 and 12.11.2019. The sample of treated effluent from ETP outlet was collected on 22.10.2019 and as per UPPCB analysis report, the unit is in compliance of provisions of Water Act, 1974 and Air Act, 1981. No untreated effluent was found discharged outside of the premises during inspection dated 12.11.2019

6. The unit has installed separate energy meter and flow meters at inlet and outlet of the ETP.

3. M/S Varun Steel, Rampur, U.P.

As per UPPCB letter dated 22.11.2019, it was informed that-

1. UPPCB issued Show Cause Notice under Water Act, 1974 on 19.07.2019 for the non- compliances observed during the joint inspection dated 12.06.19. Copy of the same is placed at

Annexure-23.

2. UPPCB has also levied Environment Compensation of Rs.

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2.5 I on the unit in the above mentioned SCN.

3. The unit has deposited Rs. 2.5 lacs as Environment

Compensation to UPPCB.

4. UPPCB issued Show Cause Notice under Air Act, 1981 on

29.07.2019 for the non- compliances observed during the joint inspection dated 12.06.19. Copy of the same is placed at

Annexure-24.

5. UPPCB issued Show Cause Notice under Hazardous Waste Management Rules, 2016 on 09.11.2019 to unit for not having Hazardous waste authorization. Copy of the same is placed at

Annexure-25.

6. UPPCB has issued SCN dated 02.11.2019 for not having NOC of CGWA. Copy of the same is placed at Annexure-26.

7. UPPCB has carried out inspections on 22.10.2019 and 12.11.2019. The sample of treated effluent from ETP outlet was collected by UPPCB on

22.10.2019 and as per UPPCB analysis report, the unit is in compliance of provisions of Water Act, 1974 and Air Act, 1981. No untreated effluent was found discharged outside of the premises during inspection dated

12.11.2019.

 CGWB Northern Region should recommend similar action (as mentioned in Para-I of All Industries) for illegal withdrawal of ground water by M/s Varun steel, Rampur, UP and M/s Dhamya PJ foods Pvt. Ltd., Rampur, UP as well as for all other such industries which are extracting underground water without valid CGWA NOC.

(iii) Report dated 06.12.2019 by the Ganga Monitoring Committee, Phase I-B in respect of inspection carried out at Kashipur.

There is also response of the CPCB filed 27.11.2019 to the final report of the Monitoring Committee mentioned above to the

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effect that inspection of GPIs are done annually and action is taken by the State PCB. We are of the view that even though the inspection by the CPCB may continue to be done annually, the State PCB must conduct inspections quarterly. The report mentions as follows:

"From the details which are being recorded hereinafter out of 8 industries situate in Kashipur except for one namely M/s Vishwakarma Paper and Board Ltd. no other industry has any valid subsisting 'no objection certificate' from the CGWA. These industries in Kashipur are drawing nearly 22000 cubic metres approx. of underground water every day. The details of the industries situate in Kashipur area which have been inspected are disclosed in the form of a chart as follows:

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It is worthwhile to point out that industries at Item

Nos.4,5,6,7 and 8 have only made applications for grant

of 'no objection certificate' and are awaiting disposal of

their applications. They have been issued 'consent to

operate' by the Pollution department and are also

extracting underground water. Similarly, M/s I.G.L.

Distillery Unit and Chemical Plant are continuing to draw

underground water on the pretext that their applications

for renewal of no objection certificate is still pending

disposal before CGWA.

I may highlight that in para 8 of the order dated

23.07.2019 the Hon'ble Tribunal has already declared

such extraction of underground water by the industrial

units as illegal. For ready reference para 8 of the order

dated 23.07.2019 is quoted hereinbelow:

"Learned counsel appearing for M/s India Glycols Limited, however, tried to justify the illegal drawal of ground water without sanction even though the area is semi critical, on the ground that application for sanction was 'pending'. We do not find any merit in this submission. Delay in deciding renewal application could not be treated as a licence to draw the ground water. The unit could take remedy against such inaction. While regulatory authorities are required to act promptly but any inaction is not a ground for a citizen to take the law in his hands instead of approaching the concerned higher authority of the Court."

So far as the industries situate in Uttar Pradesh are concerned, 3 industries were inspected namely:

i) M/s Radico Khaitan Ltd.

ii) M/s Rana Sugar Ltd.

iii) M/s Swati Menthol & Allied Chemicals Ltd. RADICO Khaitan unit had a 'no objection certificate' in its favour for drawal of 2600 cubic metres per day of underground water which expired on 2nd October 2018. They have continued to extract underground water even thereafter on the plea that their application for renewal dated 15.09.2018 is still pending with the CGWA. M/s Rana Sugar Ltd. was granted 'no objection certificate' on 14.10.2016. An inspection was made by the CGWA on 30.04.2018 when the sugar plant of the

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unit was found to be non-operational and the distillery had not been set up. An order for cancellation of the 'no objection certificate' was issued by the CGWA on 10 December 2018.

However, on 17.04.2019 permission was granted to run the distillery by the various departments of State of Uttar Pradesh. Similarly, permission to operate has also been granted by U.P. Pollution Control Board. The unit is drawing underground water both in respect of the sugar unit as well as its distillery unit despite the order of cancellation of 'no objection certificate' by CGWA dated 10.12.2018 on the pretext that their application for reconsideration of the cancellation of 'no objection certificate' was pending before the CGWA. M/s Swati Menthol & Allied Chemicals Ltd. was admittedly extracting underground water to the tune of 15 cubic metres per day for its unit despite having neither applied for nor having been granted any permission or 'no objection certificate' by the CGWA.

It is surprising to note that large number of industries are said to be operating both in Kashipur and Rampur area which have been declared to be critical/semi-critical zone by the CGWA without any valid subsisting 'no objection certificate' from the CGWA. It is also surprising that the underground water authority and pollution department both in the State of Uttarakhand and State of Uttar Pradesh are aware of the situation and yet for years together there has been complete inaction on their part to enforce rule of law in the matter of extraction of underground water.

The situation is seriously alarming and needs immediate intervention by the Hon'ble National Green Tribunal so as to ensure that underground water is not extracted without a valid subsisting 'no objection certificate' from CGWA.

I was informed by the officers that the situation as in Rampur and Kashipur prevails throughout the State of Uttar Pradesh and State of Uttarakhand and more than thousands of industries are extracting underground water without any valid subsisting 'no objection certificate' from the CGWA as on date."

4. We have considered the above reports. Apart from taking actions in terms of recommendations in the report of the CPCB, further action needs to be taken in respect of recommendations in the report of Ganga Pollution Monitoring Committee to the effect that underground water is being extracted illegally at large scale in 'critical' and 'semi- critical' zones. There is complete inaction on the part of States of Uttarakhand and Uttar Pradesh in this regard.

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5. Let the States of Uttarakhand and Uttar Pradesh take remedial action in respect of individual industries as well as general measures to ensure that there is no extraction of ground water without prior permission of the CGWA. Before any such permission is granted, CGWA may ensure actual compliance of conditions of replenishment of the ground water having regard to the water table in the area so that there is no further deterioration of 'critical', 'semi-critical' and 'over exploited' areas in terms of ground water availability. Any permission should be given based on study of availability of ground water and periodical report that replenishment had resulted in improvement in ground situation.

6. The CPCB and the State PCB may ensure recovery of the compensation already assessed by taking appropriate coercive measures including closure of the erring industry till deposit is made, apart from prosecution for violation of law, after following due procedure.

7. The Chief Secretary, UP may file response to para 9 of the order of this Tribunal dated 23.07.2019 by e-mail at judicial- ngt@gov.in.

8. The CPCB and the State PCB may file further compliance status report as on 30.04.2020, after carrying out detailed inspections and also indicating compliance status with regard to the issues considered in the three reports dated 23.10.2019 and report dated 06.12.2019 (by Ganga Committee) and 27.11.2019 (by the CPCB) considered in para 3 above, before the next date by email at judicial-ngt@gov.in." Consideration today in the light of further reports

5. Accordingly, further reports have been filed by the CPCB dated 06.01.2021 and Oversight Committee¹dated 15.03.2021. Though CPCB as well as the Oversight Committee have filed earlier reports also but we consider it appropriate to refer to only the latest updated reports.

6. Delay in filing the said report is said to be on account of delay in carrying out inspections due to lockdown. That is why the matter is being taken up today after more than a year. We have noted the order

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of the Hon'ble Supreme Court dated 05.03.2021 in Civil Appeal No. 734/2021, Shailesh Singh v. The State of Uttar Pradesh & Ors. requiring the Tribunal to decide the matter today itself in view of delay in decision so far. To put the record straight, it is noted that inspection by the joint Committee could be conducted only on 27-28 October, 2020 and reports became available only on 6.1.2021 and 15.3.2021 without which the matter could not have been decided. On first date after availability of the requisite reports, the matter has been taken up for decision today in the light of the material on record. Further follow up action is being left to be taken by the statutory regulators, following due process.

7. The CPCB report dated 6.1.2021 refers to inspection of M/s. Radico Khaitan Ltd., Rampur and 13 other industries carried out by a team of officials of CPCB and UPPCB and Uttarakhand PCB on 27^th and 28^th October, 2020. Observations with regard to the said 14 industries are as follows:-

"1. Radico Khaitan Limited, Bareilly Road, Rampur, Uttar Pradesh -244901

a. The unit shall obtain NOCs from CGWA for withdrawal of groundwater at earliest for all the groundwater abstraction sources, as the CGWA NOCs have already been expired on

02.10.2018.

b. The Unit shall ensure storage of concentrated spent wash with total solids 30% in both the lagoons (at Hitachi and Ajeetpur site) for use in biocomposting. c. The unit shall provide proper lined surface in bio compost yard at Hitachi site so that possibility of leaching shall be eliminated.

d. The unit shall take measures to stop contamination of piezometer well at downstream of Hitachi site. e. The unit shall carry out detail study to identify contamination source of Fe, Mn and Pb of piezometric wells, hand pumps and bore wells and carry out remedial measures.

2. M/s Damya (PJ) Foods, Pvt. Ltd Village- Chikna Shahbad Road, Rampur244901 (UP)

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a. Unit shall install flow meters on the borewell in the industry premises and maintain logbook for each flow meter and obtain CGWA NOC for ground water abstraction.

b. Unit shall install flow meter and maintain record for treated effluent reused in horticulture. c. Unit shall operate ETP properly to meet the discharge standard.

d. Unit shall obtain adequacy report of ETP system from a reputed expert government institutes.

3. M/s Usha Steel Process D-22, 23 & 29, Ajeetpur Industrial Estate Ajeetpur, Rampur, (UP)

a. Unit shall install flowmeters on the borewell and other points of effluent generations, reuse and discharge in the industry premises with logbook for each flowmeter and obtain CGWA-NOC for ground water abstraction. b. Unit shall install flowmeter and maintain record for treated effluent reused in process and amount of water discharged.

c. Unit shall obtain adequacy report of ETP system from a reputed expert government institutes.

d. Unit shall operate the ETP properly and ensure that treated effluent shall meet the discharge norms.

4. M/s Swati Menthol & Allied Chemicals Ltd. 4.5kms. Bareilly Road Rampur 244901 (U.P.).

a. The unit shall obtain NOC from CGWA for withdrawal of ground water.

b. The unit shall install flowmeter at outlet of ETP c. The unit shall carry out feasibility study to explore possibility of reuse of treated effluent from ETP within industrial processes.

5. M/s Rana Sugars Ltd. Khasra No.318-320, Manpur, Belwara, DisttMoradabad, Uttar Pradesh-244925.

a. The unit shall obtain NOC from CGWA for extraction of ground water.

b. The unit shall provide a separate area for storage of ETP sludge and shall maintain record of the ETP sludge generation and disposal.

c. The unit shall maintain record for fly ash generation and its disposal.

d. The unit shall improve bio-mass concentration in the aeration tank of ETP.

e. The unit shall prepare ETP dosing chemicals solutions; using ETP treated effluent, to save fresh water.

6. M/s Rana Sugars Ltd. (Distillery Unit) Khasra No.318- 320, Manpur, Belwara, Distt- Moradabad, Uttar Pradesh-

244925.

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a. The unit shall obtain renewal of NOC from CGWA for extraction of ground water.

b. The unit shall maintain records of Boiler ash and its disposal/ utilization.

c. The unit shall install 2 nos piezo-wells near bio-compost yards; as per requirement of SOP for distilleries using molasses.

7. M/s India Glycol Ltd (Distillery Plant), Kashipur, Uttarakhand.

a. The unit shall dismantle/completely fill/level both discarded aeration lagoons as well as discarded clarifiers and rectangular tanks located inside the unit premises near incineration boiler in scientific manner so that there shall not be any water logging.

b. In compliance to CPCB direction dated 14.03.2019, the unit shall utilize/consume the diluted spent wash stored in lagoon (of 3,50,000 m3 cap for 98 KLD stream, located at Dabhora site) in bio-composting before June 30, 2021 as per standard operating process and the lagoons may be filled with ash.

c. The unit shall comply with CPCB directions dated

14.03.2019.

d. As per the analysis result of sample collected from the drain near incineration boiler (being used in ash quenching and coal dust suppression), indicates higher color, BOD, COD and TDS i.e., contaminated water. Hence, the unit shall use the waste water as MEE feed. e. The unit shall obtain valid agreement with cement units to dispose of fly ash/bottom ash, as the existing agreement has been expired in April-2020.

f. The unit shall install flow meters at outlet of STP at residential colony and inlet and outlet of STP at distillery plant and shall keep/maintain record of treated sewage being utilized for horticulture.

g. Analysis result of sample collected from inlet of STP for distillery plant shows high color, pH, BOD, COD, TDS and TSS, hence mixing of domestic wastewater with seepage of waste water from distillery could not be ruled out. The unit shall ensure that no effluent get mixed with domestic wastewater, shall reach to STP for treatment.

8. M/s India Glycols Limited (Chemical Unit) A-1, Industrial Area, Bazpur Road, Kashipur, District-U.S. Nagar, Uttarakhand.

a. The unit shall provide flow meter at inlet point of ETP, inlet and outlet of STP to monitor the wastewater flow. b. Unit shall provide dewatering system in sludge filter bed in ETP system and filtrate should be taken back to collection tank for further treatment.

c. The unit shall ensure that, untreated/partially treated effluent/sewage shall not be discharged into storm water drain.

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d. Collection tank of STP shall be repaired and unit shall ensure, no untreated sewage discharge into storm water drain.

e. The Unit shall improve operation and maintenance of STPs.

9. M/s Kashi Vishwanath Textile Mill Ltd. (SPNG Group) 5th Km Stone, Ramnagar Road, Kashipur-244713, Uttarakhand.

a. Non - compliance of ZLD. b. The unit is discharging effluent through STP after dilution with fresh water in violation of ZLD.

c. It is clearly indicated from the analysis of STP inlet and secondary clarifier outlet that RO reject is discharged into STP and diluted water is mixed into the STP system. It is recommended that appropriate action as deemed fit shall be initiated against the unit by UKPCB. d. The unit shall obtain renewal of NOC from CGWA for groundwater abstraction.

10. M/s Vishvakarma Paper & Boards Ltd., 4.5 km, Ramnagar Road, Kashipur, Dist. U.S. Nagar, Uttarakhand.

Unit is self closed since 01.06.2020

11. M/s Banwari Paper Mill Ltd. 4th km stone, Rampur Road, Kashipur, U.S. Nagar, Uttarakhand.

a. The Unit shall obtain NOC for withdrawal of groundwater from CGWA.

b. The Unit shall operate ETP properly and shall comply with the treated effluent quality parameters w.r.t. consented norms.

c. The Unit shall restrict maximum production to 1650.0MT/month as per capacity permitted in Consolidated Consent to operate and authorization (CCA).

12. M/s Cheema Papers Ltd 9 km stone Bazpur Road, Kashipur Dist. U.S. Nagar, Uttarakhand.

a. The unit shall obtain valid NOC from CGWA for ground water withdrawal.

b. The unit shall dismantle the outlet of partial treated effluent from collection tank after secondary clarifier ofETP before tertiary treatment.

c. The unit shall dismantle the multiple outlets from collection tank of final treated effluent. d. The unit shall stop un-scientific and unsafe dumping (storage) of ETP sludge. A covered shed with platform shall be constructed to store ETP sludge. e. The unit shall install V-notch at ETP inlet properly. f. The unit shall install flow meter on all water abstraction points.

g. The unit shall increase capacity of sedi-cell (for pulp removal/recovery).

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h. The unit shall maintain proper ETP logbooks of energy meter and inflow.

i. The unit shall maintain environmental laboratory equipment properly.

13. M/s Multiwal Duplex Pvt. Ltd. Kundeshwari Road, Kashipur Dist.: U. S. Nagar, Uttarakhand.

i. The unit was found temporarily closed. As informed by the unit's representative, the unit is non-operational since

26. 10.2020.

ii. The unit shall obtain NOC for withdrawal of groundwater from CGWA.

iii. The unit shall install flow meter with totalizer on bore well used for domestic purpose.

iv. The unit shall restrict its production as per the consented capacity i.e. 900 MT/month.

v. UKPCB should verify the compliance with effluent discharge standards on resumption of manufacturing operations.

14. M/s Multiwal Pulp and Board Mills (P) Ltd. Bazpur Road, Kashipur Dist. U. S. Nagar, Uttarakhand.

i. The unit was found temporarily closed. As informed by the unit's representative, the unit was non-operational since

28.09.2020.

ii. The unit shall obtain NOC for withdrawal of groundwater from CGWA.

iii. UKPCB should verify the compliance with effluent discharge standards on resumption of manufacturing operations."

8. The report of the Oversight Committee mentions the studies of water pollution in the area and NMCG report titled "Pollution Assessment: River Ganga" to the effect that there are 764 grossly polluting industries (GPI) in the mainstream of Ganga and its tributaries i.e. Kali (E) and Ramganaga. Out of the 687 industrial units are situated in Uttar Pradesh. Information about water consumption and waste water generation by the industries in the said area is shown by the following tables:

"4. xxx……………………..xxx………………..xxx………..

State Number of Water Wastewater Industry Consumption generation

(MLD) (MLD)

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xxx……………………..xxx……………………..xxx………………..

"

9. Finally, the report gives the compliance status in tabular form with regard to the industries in UP, as follows:-

" Issues Compliance Remarks Status

M/s Radico Khaitan Ltd.

Did the unit get NOC for Complied Yes ground water drawl?

Manufacturing of alcohol by Partial compliance The CPCB in its compliance report the unit even after the mentioned that an abeyance letter closure order of the CPCB, was issued by the CPCB on

i.e., between 17.02.2019 to 02.01.2019 which was

11.05.2019 is totally misunderstood by the unit and

unjustified and virtually considered it as permission to amounts to negation of rule continue operation. Chief Secretary of law. Chief Secretary may UP had filed his response in the file his report. compliance report dated 28.08.2020.

Open lagoons must be Complied The CPCB found this suggestion replaced by covered storage technically infeasible and informed Steel tanks for receiving the the Committee accordingly. spent wash of molasses

with provision for controlled

discharge of gases

therefrom. This is

necessary, as large open

surface area of existing

lagoons leads to more

amount of air being polluted

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44

45

11.05.2019 and, therefore, period nor has it issued any notice. the price of alcohol produced CPCB may take steps for compliance. during the period should be

recovered from it.

CPCB in its compliance Non-complied Neither those charges have been report has asked CGWA to calculated nor notice given nor any calculate water charges money realized for these water after expiry of NOC. charges.

In addition, the entire price Non-complied There is no mention of calculation of money received in respect of price of alcohol produced between alcohol/products generated 17.02.2019 to 11.05.2019 from it in by the industry during the CPCB compliance. ACS Excise UP period of the CPCB closure has assured that they would

order, i.e., between calculate the entire amount and

17.02.2019 to 11.05.2019 inform NGT so that it could be be recovered as recovered from the Unit.

Environmental

Compensation (EC).

Separate electricity meter Complied CPCB mentioned that it has been exclusively for ETP shall be installed.

installed and its bill must be

kept on-site for verification.

M/s Damya PJ Food Private Limited, Rampur

Applications for 'no objection Non-complied It did not have NOC of CGWA. CPCB certificate' should be in its compliance mentioned that considered and decided UPPCB had given a Show Cause

within a month by CGWA Notice to M/s Damya PJ Food Private and if the applications are Limited, Rampur under the Water not found satisfactory then (Prevention and Control of Pollution) the same must be rejected Act, 1974.

with a further direction to

stop water extraction.

All industries must be asked Complied The unit has installed ETP and using to maintain verifiable a separate energy meter for ETP. records of ETP waste and During inspection, no untreated other solid waste generated effluent was found to be discharged. as well as its disposal to the

known buyers.

CPCB/SPCB shall take Complied Environmental Compensation of Rs necessary actions against 2.5 lac was imposed on the unit. the non-complying They have paid full environmental industries in Uttar Pradesh compensation.

M/s Varun Steel:

Applications for 'no objection Non-complied It did not have NOC from CGWA for certificate' should be extraction of groundwater. CPCB in considered and decided its compliance mentioned that this within a month by CGWA unit was given a notice for

and if the applications are noncompliance under the Water not found satisfactory then (Prevention and Control of Pollution) the same must be rejected Act, 1974

with a further direction to

stop water extraction. However, now under the Act no 13 of 2019 matters of issuing NOC shall be

dealt with by the District Ground

Water Management Council.

All industries must be asked Complied During the inspection, no untreated to maintain verifiable effluent was found being discharged records of ETP waste and and the unit was found compliant other solid waste generated with the provisions of the Water

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as well as its disposal to the (Prevention and Control of Pollution) known buyers. Act, 1974.

CPCB/SPCB shall take Complied Environmental Compensation of Rs necessary actions against 2.5 lacs was levied on the unit which the non-complying it has deposited.

industries in Uttar Pradesh.

Authorization for Hazardous Complied Authorization for hazardous waste waste management management has been taken by

them

Other directions:

The industries encroaching No compliance report furnished upon the drains must be meaning thereby it is yet to be asked to clear the complied.

encroachments and drains

must be left free to flow in

their natural course.

Actual requirement of No compliance report furnished underground water by the meaning thereby it is yet to be industry must be verified complied.

through independent

Government agencies.

All industries must be asked No compliance report furnished to maintain verifiable meaning thereby it is yet to be records of ETPwaste and complied.

other solid waste generated

as well as its disposal to the

known buyers.

No additional pump with No compliance report furnished loose connection be meaning thereby it is yet to be permitted as stand by at complied.

ETP of any of the industry.

De-silting of drains must be No compliance report furnished completed at the earliest meaning thereby it is yet to be with a direction to transport complied.

the removed silt to a safe

identified place.

Joint inspection of all 86 GPI UPPCB along with CPCB will conduct industries be undertaken this inspection.

afresh in light of issues

considered in the report.

Wherever timelines have No compliance report furnished been fixed for works to be meaning thereby it is yet to be undertaken by industries, complied.

performance bank

guarantee must be insisted

upon as a condition of

revocation.

Many of suggestions and No compliance report furnished observations made under meaning thereby it is yet to be para A, B and C are generic complied.

and applicable/ per-se for

all industries. These may

require revision of

Guidelines and Charter

being followed by Central

and State PCBs which

regulating and monitoring

the operations of these

industries. Necessary and

suitable review and revision

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10. The Committee has made following recommendations:-

"12. Recommendations:

The Oversight Committee reserved its recommendations only to units located in the State of UP because some of the units in this case are located in the State of Uttarakhand which would be dealt by the Uttarakhand Oversight Committee.

12 (A) Recommendations pertaining to the unit:

(1) The Industry was found non-complying with the following issues even after so many reminders:

(i) At the time of inspection the floating levelling system was not operational at Ajeetpur site. Although the concentrated spent wash was within the limit marked by UPPCB.

(ii) The total area of two bio-composting yards was 60 acres out of which 25 acres was covered and remaining 35 acres of area was uncovered or open.

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The requirement of covered bio-compost area to operate at consented capacity of 200 KLPD is 24 acres.

(iii) Water logging was observed near the lagoon at Hitachi site. Samples of the same were collected by Joint team.

(iv) At bio-compost yard of Ajeetpur site, it was observed that at leachate collection pit, transfer pump was not provided by the unit.

(v) COD was reported from the ground water is a point of concern and probable source of it should be identified.

(vi) Site:

 Hand-pump of Hitachi Bio-compost Yard:

The concentration of Copper and Iron was found beyond the permissible limits.

 Piezo-metric well u/s of Hitachi Yard: The concentration of COD, Iron, Manganese and led was found beyond permissible limits.

 Piezo-metric well d/s of Hitachi Yard: The concentration of COD, TDS, TS, Iron, Manganese, Lead and Colour was found beyond the permissible limits.

 Piezo-metric well u/s of Ajeetpur Yard: The concentration of COD, Iron and Manganese was found beyond the permissible limits.

 Piezo-metric well d/s of Ajeetpur Yard: The concentration of COD, Iron, Manganese and Lead was found beyond the permissible limits.

 Groundwater from the borewell in unit premises: The concentration of Iron and Manganese was found beyond the permissible limits.

As per the report the probable reasons for the contamination are leaching of the iron and galvanised pipes which seems very superficial and a detailed study should be done in this regard. Presence of high concentration of pollutants in the groundwater samples calls for a detailed analysis of soil profile to check the level and source of contamination in the area.

(2) The analysis of samples drawn from the STP indicates that the industrial waste is rich in Iron, Copper and Manganese. Thus a detailed study is recommended to check the probable relation if any exists between the industrial waste and groundwater contamination.

The industry is directed to comply with the following recommendations of the joint inspection:

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1. The unit shall obtain NOCs for the drawl of groundwater at earliest.

2. The unit shall ensure storage of concentrated spent wash with total solids 30% in both the lagoons at Hitachi and Ajeetpur site) for use in bio-composting.

3. The unit shall provide proper lined surface in bio- compost yard at Hitachi site so that possibility of leaching shall be eliminated.

4. The unit shall take measures to stop contamination of piezometer well at downstream of Hitachi site.

5. The unit shall carry out detailed study to identify contamination source of Iron, Manganese and Lead of piezometric wells, hand pumps and bore wells and carry out remedial measures. 12 (B) Recommendations in case of other units:

The Oversight Committee noted that all other units viz Rana Sugars, Swati Methanol, Varun Steels and Damya PJ Foods Pvt Ltd were abstracting groundwater without SGWA permission. The Oversight Committee recommends that a detailed groundwater study be done by SGWA as the case may be and any permission to abstract groundwater be incumbent on the result of the study. These units be directed to minimise their water consumption based on water audit studies. Also they may be asked to explore the possibility of using treated water/ water harvesting /recycling techniques. Water tariffs for ground water as per rules/guidelines be communicated and charges levied immediately. Pending EC on these units be realised by UPPCB immediately.

12 (C). General recommendations:

1. All Units abstracting ground water should be directed to get water audit conducted to assess the actual water requirement of the plant as well as for assessment of the requirement which could be met from other sources like surface water, reuse of treated water or water harvesting.

2. All such industries should discuss this issue with municipal bodies and find out the ways to use treated water for industrial purposes. A holistic plan which could lead to minimal wastage of water should be prepared and made operational.

3. The industries should be directed to install tertiary water treatment facilities to make the water suitable for drinking and consumption.

4. Regarding Quality Control of Ground water, shallow borewells be dug around all such units and water samples be periodically analysed by CGWA/SGWA for any traces of contamination. The records be documented and put on the portal.

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5. The ETPs of GPIs be connected mandatorily with OCEMS and connected to 24X7 Control Room at State Headquarters for continuous monitoring.

6. There should be some mechanism for providing some incentives to those industries which are using innovations/best practices while following all the environmental rules to prevent any kind of air, water and soil pollution during the production. Regarding this certification system, consumer awareness campaigns should also be launched.

7. Also, the Industries should harvest the rainwater and use it, rather than extracting groundwater. Thus they will reduce their dependency of groundwater resources. All the industrial units and industrial parks should be directed to construct their rain water reserves and run on the condition of zero ground water extraction unit.

8. All the small and large scale industries should be directed to develop a green belt in nearby areas equal to three times of their own land area and also to adopt wetlands of the nearby areas and create new ponds and to maintain the same as a component of their Corporate Social Responsibility (CSR).

11. Affidavit has been filed on 05.10.2020 by Radico Khaitan Limited to the effect that it has given representation to the CGWA and also got a report from a consultancy agency to the effect that the said unit was recharging the ground water. On that basis, it has again applied for renewal of NOC. Another Affidavit has also been filed on 27.01.2021 by said unit to the effect that NOC has been granted to it by UP Ground Water Management Council for the three borewells of the said unit.

12. There is no separate report from the Uttrakhand PCB.

13. We have considered the above reports and heard learned counsel for the appearing parties. There is no objection to the report of the Oversight Committee in respect of the units in the State of UP or to the report of the joint Committee filed by the CPCB. We do not see any reason not to accept the same. Accordingly, the said reports are

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accepted. Action may accordingly be taken by the concerned units and the statutory regulators.

14. The industries in the question in the State of UP as well as Uttrakhand may comply with the deficiencies noticed in the reports which may be overseen by a joint Committee of CPCB and the concerned State PCBs. The State PCBs may take necessary further action based on the observations of the joint Committee, which may include coercive measures like recovery of compensation and initiating prosecution, following due process of law. An action taken report may be periodically provided by the State PCBs to the Chairman, CPCB for any further directions for the remedial action. The State PCBs may recover compensation already assessed by taking suitable coercive measures, including closure. The State PCBs may impose appropriate conditions as part of consent conditions. Since the rivers in questions are finally meeting river Ganga, orders of this Tribunal in OA 200/2014, M.C. Mehta v. Union of India & Ors., wherein vide order dated 18.12.2019, the Tribunal directed the NMCG and concerned States, including Uttarakhand and UP to prevent discharge of industrial effluents in river Ganga and its tributaries by ensuring proper functioning of ETPs/CETPs, are attracted which need compliance. The Ganga matter was last considered on 08.2.2021 in the light of progress report and directions were issued for further remedial action to ensure prevention of pollution of river Ganga and its tributaries and to file a further progress report with the NMCG. Accordingly, the States of UP and Uttrakhand may include the present issue also in its progress report to the NMCG as the issue has bearing on pollution of Ganga.

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15. With regard to the affidavit filed by Radico Khaitan that it has a report from a private consulting agency, it is made clear that report of such agency cannot be treated as conclusive and needs to be evaluated by the statutory regulators based on ground verification.

16. Learned counsel for the UP State PCB submits that polluted water is being discharged from the Uttarakhand by the industries which is flowing to the State of UP. This may be looked into by the CPCB and based on observations of the CPCB, appropriate remedial action be taken to prevent such pollution by the State of Uttarakhand and its authorities.

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 also.

The applications are disposed of. A copy of this order be forwarded to CPCB, NMCG, Chief Secretaries and State PCBs of Uttarakhand and UP by e-mail for compliance. A copy of this order be also forwarded to Justice SVS Rathore, former Judge of Allahabad High Court now at Lucknow by e-mail. In view of above order, all pending interim/execution/ miscellaneous applications will stand disposed of. Adarsh Kumar Goel, CP

S.K. Singh, JM

Dr. Nagin Nanda, EM

March 18, 2021

Original Application No. 324/2016

With other connected matters.

DV

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