Environmental compliance is fundamental; violations can result in operational revocation and require remediation consistent with the 'Polluter Pays' principle.

ORDER

1. This Original Application (hereinafter referred to as ‘OA’) has been registered under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) in exercise of suo- moto jurisdiction in view of law laid down by Supreme Court in Municipal Corporation of Greater Mumbai vs. Ankita Sinha, (2022) 13 SCC 401 on a letter petition received on 08.02.2024 from Neelam Rani and several others of Village Mehraban, Rohan Road, Ludhiana raising complaints about discharge of industrial effluent by a dyeing plant causing water pollution.

2. Complainants have said that M/s Bharti Scientific Dyers has its industrial unit at village Meharban Main Rahon road, Ludhiana, State of Punjab. Height of Chimney installed in the unit is not of appropriate height and thereby causing air pollution by emitting black smoke. Water Treatment Plant installed at unit is below requisite capacity and not made operational mostly and thereby discharging untreated effluent causing water pollution. Air and water pollution is causing health hazards to local people in village.

3. Tribunal considered the matter on 18.11.2024 and found it appropriate to constitute a Joint Committee to verify facts. Joint Committee comprised of District Magistrate, Ludhiana and Punjab State Pollution Control Board and it was required to submit factual report within one month.

4. The Joint Committee visited the site on 12.12.2024 and submitted its report dated 21.01.2025 which has been placed on record along with status report in the form of an affidavit by District Magistrate, Ludhiana. Observations made by Joint Committee are as follows:-

“1. The industry is a dyeing industry engaged in the process of cloth and yarn dyeing and is operating with valid consents to operate of the Board under the Water (Prevention & Contral of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 for a period upto 06.05.2025. Consents to operate under the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 are granted to the industry for discharge of treated trade effluent 120 KLD onto land for plantation after treatment in the effluent treatment plant and for operation of Fluidized Bed (FBC) boiler fumace of capacity 07 TPH with use of Rice Husk as fuel.

2. The industry as well as its effluent treatment plant of capacity 360 KLD which consists of Collection Tank Chemical Dozing Tank Flocculator Tube Settler Filters Outlet was in operation and treated effluent was being discharged onto land for plantation developed in an area of 1.5 acre as per karnal technology within premises of the industry.

3. The industry has installed Fluidized Bed (FBC) boiler of capacity 07 TPH to meet with the steam requirement. Cyclone separator followed by wet scrubber with water re-circulation system and stack of height more than 100 feet above ground level has been installed as Air Pollution Control device (APCD). During visit, the industry was found using rice husk as fuel in the boiler furnace and un-authorized fuel was found there in the industry premises. Air Pollution Control device (APCD) was in operation. No black smoke was being found emitted from the stack of the boiler furnace.

4. Air emission sample from the stack of Air Pollution Control device and effluent sample from the outlet of Effluent treatment plant was collected during visit. Emission and effluent samples collected from the industry were sent to Punjab Pollution Control Board, Zonal Laboratory at Ludhiana for analysis.”

5. Air emission samples are also collected and it