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2025 Supreme(Online)(NGT) 1466

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
PRAKASH SHRIVASTAVA, CJ, DR. A. SENTHIL VEL, ACJ
Mohd. Farman & Anr – Appellant
Versus
State of Uttar Pradesh & Ors. – Respondent
Original Application No. 406/2023



Advocates:
For the Applicants: Mr. Rahul Khurana, Mr. Hasil Jain, Ms. Farah Khan, Mr. Gaurav Kumar, Mr. Shaiem Hasan
For the Respondents: Mr. Saurabh Kirpal, Mr. Anunaya Mehta, Ms. Kunika Champawat, Mr. Pradeep Misra, Mr. Daleep Dhyani

The tribunal mandates strict compliance with environmental regulations and oversight for units discharging potentially harmful effluents.

Headnote:(A) Environmental Protection Act, 1986 - Trade effluents - Allegations of direct release of harmful chemicals into drains and fields leading to environmental damage - Joint Committee inspection reveals compliance issues and recommendations for improving waste management practices - Committee recommends that unit must comply with consent conditions and manage waste properly. (Paras 1, 4, 10)

(B) Compliance with Environmental Norms - The unit was inspected and found to have violated several norms, prompting an order for environmental compensation, which emphasizes the necessity of strict adherence to environmental provisions. (Paras 3, 7)

Facts of the case:
The original application alleges environmental damage caused by unauthorized discharge of trade effluents by Triveni Engineering & Industries Ltd., prompting a joint inspection that revealed discrepancies in compliance with environmental management norms.

Findings of Court:
The unit must adhere strictly to consent conditions regarding waste management. The UPPCB must ensure compliance and periodic inspections for environmental safety.

Issues: The main issues involve the extent of environmental damage caused by effluents and the necessary steps for remediation and compliance with consent conditions.

Ratio Decidendi: The court underscores the requirement for compliance with environmental norms and directives issued by regulatory authority, necessitating remedial measures from the unit for past violations. Detailed assessments of groundwater quality are mandated.

Result: The application is disposed of with directives for compliance and future inspections.

Table of Content
1. allegations of environmental violation due to trade effluents. (Para 1 , 2)
2. joint committee inspection reveals compliance status. (Para 3 , 4)
3. unit's actions post-inspection for compliance. (Para 5 , 6)
4. tribunal's directive for compliance and periodic monitoring. (Para 10 , 11)

ORDER

1. This OA was filed with the allegation that M/s. Triveni Engineering & Industries Ltd. Alco-Chemical Unit, Muzaffarnagar was releasing trade effluents containing harmful chemicals directly in the drain and open fields, causing damage not only to environment but also to the agricultural land of the farmers damaging the crops etc. It was alleged that Respondent no. 4 had no effective system of treatment of trade effluents that is why polluted effluents were being discharged directly in an illegal manner, causing damage to environment.

2. The Tribunal by the order dated 30.05.2023 had constituted a joint Committee comprising Uttar Pradesh Pollution Control Board, Central Pollution Control Board and District Magistrate, Muzaffarnagar to obtain a factual report with a direction to the Committee to visit the site, collect relevant information and submit a factual as well as action taken Report.

3. The Joint Committee had carried out the inspection and had submitted the report dated 04.09.2023 disclosing that the industrial premises of M/s Triveni Engineering & Industries Limited is known as Alco-Chemical Complex where three units-Molasses based Distillery Plant, Grain based Distillery Plant and a Bottling Plant are operating. The Joint Committee after inspection reached to the following conclusion:-

“VI. CONCLUSION a. The industrial premises of M/s Triveni Engineering & Industries Ltd., Jolly Road, Muzaffarnagar is known as Alco Chemical Complex where three units- Molasses based distillery plant, Grain based distillery plant and a Bottling plant are being operated. All three units have separate consent to operate with validity upto 31.12.2024 for Molasses based distillery plant, 31.12.2023 for Grain based distillery plant and 31.07.2025 for Bottling plant.

b. During the visit all three plants were found operational including plant-machinery and effluent management systems.

c. Unit is having 5 borewells with valid UPGWD NOC to abstract ground water and the abstraction is within permissible limits.

d. During the visit the joint team didn’t find any dug-wells/ borewells for discharging the industrial waste water into the ground within the industrial premises.

e. Analysis result of spent wash sample collected from feed to incineration boiler (i.e. Slop) shows solid content in the Slop is 48.2%, which indicates that unit is consuming spent wash having >45% solid content in incineration boiler.

f. Unit has installed PTZ cameras at boundary wall near lagoons of Molasses plant. MEE & DDGS area in Grain plant with connectivity to CPCB & SPCB servers.

g. The unit is storing raw spent wash in lagoons (having approx. only 10% solid content).

h. As per the consent condition the storage capacity of the lagoons installed for more than 7 days holding capacity of the concentrated spent wash shall be dismantled within one months however, team observed that unit is still having 3 lagoons of total capacity 34500 m3 which is much more than the permitted capacity. Hence, unit is non-complying with the consent condition w.r.t. permitted storage capacity of lagoon. Analysis results of samples collected from Borewell and piezo well located within molasses based distillery plant were found within the permissible limit as per BIS IS 10500:2012 except phenolic compounds (0.075 mg/l against the norm of 0.002 mg/l) found in Borewell.

i. Analysis results of samples collected from Borewell and piezo well located within grain based distillery plant were found within the permissible limit as per BIS IS 10500:2012 except phenolic compounds (0.024 mg/l and 0.295 mg/lag ainst the norm of 0.002 mg/l) and colour (16 colour units against the norm of 15 colour unit).

j. Unit is ha

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