ORDER

Original Application No. 295/2023:-

1. In this original application, Tribunal is considering the grievance of the applicant that coal fired furnaces operating in Mandi Gobind Garh, Punjab are violating the norms and contributing to the air pollution.

2. Learned Senior Counsel appearing for the applicant submits that in terms of the order of the Hon’ble Supreme Court and order of the NGT, fuel policy for the industries in the State of Punjab dated 04.10.2023 (page 398) has been framed which in clear terms prohibit the use of furnace oil and other alternate fuels. He submits that in terms of the said policy, units using coal, pet coke and furnace oil are required to switch over to the greener fuels. In support of his submission, he has also referred to the directions issued by Central Pollution Control Board under Section 5 of the Environment (Protection) Act, 1986 regarding preparation of policy on use of pet cock and furnace oil. Said directions are as under:

“1. State Government / Union Territory Administration shall formulate and enforce fuel policy regarding use of pet coke and FO in the State/UT in light of various orders passed by Supreme Court regarding use of pet coke and FO in Writ Petition (C) 13029/1985.

2. State Government / Union Territory Administration through respective SPCB/PCC shall take strict action against any industry if found violating the fuel policy on use of pet coke and FO that will be enforced as above, using the powers conferred under environmental laws.”

3. Issue has been flagged that though the State of Punjab has framed the fuel policy dated 04.10.2023 but same has not been given effect to so far as the project proponents in Mandi Gobingarh are concerned.

4. Learned Advocate General, State of Punjab submits that government will duly look into this issue and will file comprehensive response within four weeks.

5. Learned Counsel for CPCB also submits that response on implementation of the directions issued under Section 5 of the EP Act, 1986 will be filed within four weeks.

6. No Counsel is present on behalf of Punjab PCB. It is unfortunate that in such an important matter, Punjab PCB is not represented through a Counsel, hence, we are unable to get the effective assistance in the matter, therefore, we direct the Chairman, Punjab, PCB to appear virtually on the next date of hearing and assist the Tribunal.

7. Punjab PCB is also directed to file status report within four weeks.

8. List on 22.07.2025.

Original Application No. 1358/2024:-

1. Learned Senior Counsel for the applicant referring to the Clause 1.3.1 of Action Plan for Clean Air, Khanna, annexure-3, page 196 has submitted that Khanna City has similar problem in the same circumstances, therefore, whatever is applicable to Mandi Gobindgarh should be applied to Khanna also. Clause 1.3.1 of the action plan reads as under:

“1.3.1 Punjab Pollution Control Board had taken this as a challenge and also as an opportunity in order to achieve significant improvement in environmental quality and pave the way for sustainable development in the area. As Khanna is sister city of Mandi Gobindgarh, similar industries are established in these twin cities. Therefore, Khanna faces the similar challenges as Mandi Gobindgarh. The efforts being made by the Government in Mandi Gobindgarh are being replicated in Khanna city.”

2. Tribunal considering the circumstances of the case by order dated

11.12.2024 had issued notice to the respondents.

3. Replies on behalf of respondent no.2-Punjab Pollution Control Board and respondent no.4-Think Gas Ludhiana Private Limited have been filed.

4. Learned AG appearing for respondent no.1-State of Punjab seeks four weeks’ time to file a comprehensive report.

5. It will be open to respondent no.3 also to file reply within the same period.

6. I.A. No. 21/2025 has been filed by the applicant seeking permission to implead MoEF&CC and CPCB as additional respondents. IA 21/2025 is allowed. Applicant is directed to amend the cause title of the OA and