ORDER

1. This MA has been registered on the basis of the report submitted in compliance of the order of the Tribunal dated 20.09.2023 passed in OA No. 261/2023.

2. In the OA, allegation was made that 21 industrial units operating in district Panipat were engaged in manufacture and business of textiles, chemicals, agriculture medicines, automobiles etc and were operating in violation of requisite environmental norms.

3. Tribunal had constituted a Joint Committee which had submitted the report on 18.09.2023 which was duly considered by the Tribunal and OA was disposed of by order dated 20.09.2023 making observations about categorization of 02 such units namely M/s. Nexa Chemicals Private Ltd. and M/s. Shree Cement Ltd.(Jay Pee Cement Granding Unit) as under:-

“7.

On the perusal of the report, it is noticed that the unit at serial no.4 i.e. M/s Nexa Chemicals PM Ltd, VPO Sutana Tensil Madlauda Panipat is stated to be a unit engaged in manufacturing of pesticides but it has been placed under the orange category whereas as per the information disclosed, the said unit should be placed in the red category. The said issue needs consideration in the light of the fact that the unit is manufacturing pesticides, etc., and the activity of the unit is stated to be mixing of chemicals and unit has also obtained authorization under Hazardous Waste Management Rules, 2016.Similarly, the unit at serial no. 21 i.e. M/s Shree Cement Ltd. (Jay Pee Cement Granding Unit), Village Khukhrana, Post Office Assan Kalan, Madlauda, Panipat which is a cement manufacturing unit has been categorized on the basis of reprocessing of waste cotton and which according to the activity may be placed in red category.

8. The State Pollution Control Board will re-examine compliance of above two units and submit a report before the Registrar General of the Tribunal within 08 weeks and if found necessary, the Registrar General may place the matter before the Bench for consideration.”

4. In terms of the above direction, Joint Committee has re-examined the compliance by the above units and in the report, so far as M/s. Shree Cement Ltd. is concerned, it is disclosed that since the unit is engaged in the manufacture of cement, therefore, it is covered under „Red Category‟.

5. So far as M/s. Nexa Chemicals Private Ltd. is concerned, it is stated that the unit is engaged in the process of formulation and therefore it falls under „Orange Category‟.

6. Learned Counsel appearing for Haryana State Pollution Control Board (HSPCB) has submitted that as per CPCB categorization (February, 2016) following units are covered under the Red Category:-

“37. Pesticides (technical) (excluding formulation) are covered under „Red Category‟ and formulation is covered under the „Orange Category‟.”

7. The process undertaken by the unit is disclosed in the report as under:-

“I. M/s Nexa Chemicals Pvt Ltd., VPO Sutana Tehsil Madlauda Panipat The unit is engaged in the process of formulation and final product is prepared by mixing of the various ingredients (which includes technical pesticides also), the process involved the Grinding, Mixing (wet and dry) and Packaging. The unit falls under the 'Orange’ category. Unit is having no source of trade effluent except scrubbed water and the same is recycled. The Wet scrubber attached with 30 m high Stack meantto the suction hoods of grinding section in order to control dust emissions, if any.

The process flow chart is reproduced as under:-

For, Wettable Powder(WP) -Raw Material » Mixing with China Clay powder » Grinding in Air Classifier Mill » Emulsifier For Stabilizing » Mixing » Packing For Granuals Formulation -Raw Material » Mixing with River Sand or Bantonate Granuals in Granual Mixer Machine or Manualy » Emulsifier For Stabilizing » Mixing » Packing » Dispatch For Emulsifiable Concentrate (EC)/Suspension Concentrate (SC)-Raw Materia1 » Mixing with Aromex Oil or Water in Stainless Tank » Emulsifier for Stabilizing » Mixing » P