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2025 Supreme(Online)(NGT) 1176
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Prakash Shrivastava, CJ, A. Senthil Vel, ACJ
Varun Gulati – Appellant
Versus
State of Uttar Pradesh – Respondent
Original Application No. 248/2023
For the Applicant: S.A. Zaidi, Kapil Sagar
For the Respondents: Bhanwar Pal Singh Jadon, Harsh Vardhan Singh Rajawat, Gargi Chaturvedi, Anjali Sharma, Priyanka Swami, Suman Arora, M.K. Singh, Anuj Kumar Sharma
The Tribunal affirmed the necessity of ongoing compliance checks for industrial units to ensure adherence to environmental standards, leading to the resolution of previous violations.
Headnote:(A) Water (Prevention and Control of Pollution) Act, 1974 - Air (Prevention and Control of Pollution) Act, 1981 - Environmental norms violations by dyeing industries in Ghaziabad area raised in original application against the operation of multiple units - Joint Committee formed to investigate and provide compliance report - Inspection conducted revealed compliance status of the units with the CETP operating satisfactorily - Environmental Compensation issued previously for violations - Current inspections confirm no violations exist, thus the Tribunal disposed of the application. (Paras 1, 4, 5, 10, 11)
(B) Environmental Regulations - The Tribunal upheld regular monitoring of industrial units and CETP, emphasizing compliance with environmental standards, prompting necessary actions upon violations. (Paras 7, 8)
Facts of the case:
The applicant raised grievances against the operation of dyeing industries violating environmental norms in Ghaziabad, leading to the formation of a Joint Committee by the Tribunal to investigate compliance. Reports indicated ongoing compliance issues which were ultimately resolved.
Findings of Court:
The UPPCB’s latest report confirmed no existing violations and compliance with environmental norms for the concerned industrial units, leading to the decision to dispose of the application.
Issues: The primary issues addressed include the operational compliance of the dyeing industries and the efficacy of established regulations pertaining to environmental protections.
Ratio Decidendi: The Tribunal found that regular monitoring and compliance checks are vital in ensuring the adherence of industries to environmental standards, leading to the conclusion that past violations, if resolved, do not warrant further litigation.
Result: Application disposed of.
| Table of Content |
|---|
| 1. complaint against dyeing industries for violating environmental norms. (Para 1 , 2 , 3) |
| 2. inspection shows compliance with environmental standards. (Para 4 , 5) |
| 3. regular monitoring ensures compliance and addresses violations. (Para 6 , 7 , 8 , 9) |
| 4. no current violations; application disposed. (Para 10) |
ORDER
1. In this original application (OA), applicant has raised the grievance against the operation of dyeing industries in Roop Nagar, Arya Nagar and Tronica City of Loni area, Ghaziabad, Uttar Pradesh in violation of the environmental norms. These units have been impleaded as respondent nos. 6 to 24.
2. Tribunal, initially, by order dated 13.04.2023, after taking note of the fact that these units are red category industries had formed a joint committee and had called for report of the joint committee.
3. Joint committee had submitted the report on 13.07.2023. Thereafter, Tribunal had considered the stand of the State Pollution Control Board (SPCB) in respect of the report and by order dated
17.07.2023 directed the SPCB to re-examine the matter and take action, if the units were found to be operating in violation of the environmental norms including improper functioning of CETP. Thereafter, orders were passed by the Tribunal from time to time and report dated 17.07.2025 has been filed by the Uttar Pradesh Pollution Control Board (UPPCB)
giving the current status.
4. A perusal of the report dated 17.07.2025 filed by UPPCB reveals that in the inspection conducted on 05.03.2025 and 06.03.2025, out of 19 units, 14 units were found to be complying, 5 units were found to be closed due to their own reasons and 6 MLD CETP at Tronica City, Loni, Ghaziabad was found to be complying. Details of all the 19 units have been disclosed. Report further reveals that in the earlier inspection done in the year 2023, the operation of CETP was found to be unsatisfactory and after issuing show cause notice, Environmental Compensation (EC) of Rs. 17 Lakh was imposed which has been recovered. Details of the report of UPPCB dated 17.07.2025 are as under:-
“I. Background of the Matter
3. That in the present matter, the issue pertains to discharge of untreated toxic effluents by 19 industrial units in Roop Nagar, Arya Nagar and Tronica City of Loni Area, Ghaziabad, U.P. and violating the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 . The complaint has been made against 19 industries and 1 CETP. Specifically, 7 industries are situated in Roop Nagar, 4 industries in Arya Nagar, and 8 industries along with 1 CETP in Tronica City, Loni, Ghaziabad.
4. That it is pertinent to submit that the Hon’ble Tribunal has constituted a Joint Committee comprising of CPCB, UPPCB and DM Ghaziabad vide order dt. 13.04.2023, wherein the UPPCB acted as the nodal agency. That in compliance of the directions of this Hon’ble Tribunal the status reports dt.13.07.2023, 13.10.2023 and 02.01.2024 have already been filed before this Hon’ble Tribunal.
II. LATEST INSPECTION:
5. That it is most respectfully submitted that the latest inspection at the said sites in question was conducted on 05.03.2025 and 06.03.2025. Hence, the compliance status report on behalf of UPPCB is as under.
A Copy of the updated status report has been annexed herewith as ANNEXURE A-1.
III. STATUS AS PER THE INSPECTION
6. That it is to be noted that during the said inspection, out of the total 19 industrial units, 14 industrial units were found to be complying and 5 industries were found to be closed due to their own reasons. That the 6 MLD CETP, at the Tronica City, Loni, Ghaziabad was found to be complying. That the detailed status of the 19 industrial units has been attached with the status report (Annexure A-1) in a tabulated chart.
IV. STATUS OF THE СЕТР
7. That the industries situated at Roop Nagar, Loni, Ghaziabad and Arya Nagar, Loni, Ghaziabad have installed their own individual effluent treatment plant and are not connected to C
