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2022 Supreme(Online)(NGT) 747
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Adarsh Kumar Goel, CJ, Sudhir Agarwal, J, A. Senthil Vel, Expert Member
Beant Singh Bajwa – Appellant
Versus
State of Punjab – Respondent
Original Application No. 722/2022
For the Appellant:
For the Respondents:
Industrial units must comply with environmental regulations, and complaints require substantial evidence for judicial scrutiny.
Headnote:(A) Environmental Protection Laws - Compliance Monitoring - Application filed regarding alleged violations by IOL Chemicals and Pharmaceuticals Limited - Tribunal sought factual reports from PCB and Monitoring Committee - Reports confirmed compliance with environmental standards and absence of violations, leading to withdrawal of complaint. (Paras 1-14)
(B) Environmental Compliance - The Tribunal reaffirmed the necessity for continuous monitoring of compliance, particularly with conditions regarding zero liquid discharge. (Paras 10-12)
Facts of the case:
The applicant alleges environmental violations by an industrial unit impacting public health and environment, prompting complaints to authorities. A series of inspections upheld that the industrial unit complied with environmental norms, and the complainant subsequently withdrew their allegations without explanation.
Findings of Court:
The Pollution Control Board confirmed that the industry operated within the permissible limits of environmental standards and found no illegal discharge of effluents.
Issues: Key issues were whether the industry violated environmental standards and the weight of evidence against it.
Ratio Decidendi: The Tribunal found that both the PCB report and Monitoring Committee's findings indicated no violations, emphasizing the importance of factual accuracy in environmental oversight.
Result: The application is disposed of, confirming compliance with environmental laws.
ORDER
1. Grievance in this application is against violation of environmental norms by IOL Chemicals and Pharmaceuticals Limited Factory, V&PO Fatehgarh Chhanan, near village Dhaula, Mansa Road, District Barnala.
2. According to the applicant the unit in question is discharging effluents through underground bore, thereby contaminating ground water and also emitting polluted air, to the detriment of environment and public health. The State PCB failed to take any action as the owner of the unit is having political influence. The applicant has also annexed photographs to substantiate the allegation of discharge of effluents from the unit in question. The applicant has also filed a CD.
3. Vide order dated 09.11.2022, the Tribunal sought a factual report from a joint Committee of District Magistrate, Barnala and State PCB.
The Tribunal also requested Monitoring Committee constituted by this Tribunal, to monitor the compliance of environmental norms in pursuance of orders of this Tribunal, headed by Justice Jasbir Singh, former Judge of the Punjab and Haryana High Court, to oversee the verification process.
4. In pursuance of above, the State PCB has filed its report dated 17.12.2022 finding that there was no violation, as alleged. The operative part of the report is reproduced below:-
5) That the premises of the industry was visited and inspected by the officers of the Regional Office, Sangrur on 09/06/2022 and stack emission samples untreated/ treated wastewater samples from zero liquid discharge process were collected. Apart from the said samples ground water samples were also collected from 5 nearby villages and one ground water sample from the premises of the industry. The conclusions drawn on the basis of inspection and analysis of samples are summarized herein below:-
a) The perusal of results of stack emission samples reveal that the concentration of various parameters are within the permissible limits as prescribed by the Board for such type of units.
b) Similarly, the analysis results of treated domestic wastewater reveal that the concentration of various parameters are within the permissible limit as prescribed by the Board for such discharges onto land for plantation.
c) The groundwater samples were collected from 5 nearby villages of the industrial unit and one groundwater sample from the premises of the industry and same got analyzed from Board’s lab for different parameters as per IS: 10500- 2012. The analysis results of ground water samples reveal that various parameters are within the permissible limits as per drinking water standards S 10500-2012. Further, no color was observed in all the tubewell samples. However, the total hardness, Magnesium and TDS were found above the acceptable limits in the ground water samples as per drinking water standards.
d) The analysis results of the samples collected from upstream and downstream side of the industry from Dhanaula drain reveals that there is little change in concentration of pH, BOD, COD, TDS & Bio-essay. Thus, it can be concluded that there is no effect of operations of the industry on the quality of wastewater flowing through Dhanaula drain. The unit is based on Zero Liquid Discharge and no outlet of the industry was found in the Dhanaula drain.
e) The industry was thus found complying with the conditions of NOC/ CTO granted under the Water (Prevention & Control of Pollution) Act, 1974 & the Air (Prevention &Control of Pollution) Act, 1981 as well as the conditions of authorization granted under the HOWM Rules, 2016.
6) That subsequently after the above exercise, the complainant withdrew his complaint vide his letter dated 20/06/2022. In the said withdrawal letter, the complainant did not provide any logical reason for the same. A copy of letter of Sh. Beant Singh Bajwa dated 20.6.2022 is enclosed herewith as Annexure-D.
7) That in view of the findings of the visiting officers, analysis reports of untreated treated wastewater samples, analysis results of ground water samples anal
