Small sweets units (<1 TPD) classified Green requiring consents, but Tribunal directs CPCB/SPCB to consider exclusion for micro establishments in small areas and guidelines for treatment, waste and compensation.

Judgment

PRONOUNCED BY: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JM

1. Mr. Surender Kumar resident of Arya Samaj Road, District Sambhal, Uttar Pradesh has sent the present letter petition, which has been treated and registered as original application.

2. The applicant has submitted that Mr. Vijay Kant Tiwari, Mr. Rajni Kant Tiwari and Nishikant Tiwari are illegally running milk products sweets making factory and godown in residential area in the back of Axis Bank and Punjab National Bank on Chandausi to Amroha Road in violation of norms. The above said persons are discharging the effluents in the drain which is over flowing to the road and emitting foul smell and creating unhygienic conditions for the residents of the locality.

3. Vide order dated 12.07.2022, this Tribunal constituted a Joint Committee comprising of the State PCB, Executive Officer, Nagar Palika Parishad, Sambhal, Chief Medical Officer, Sambhal and District Magistrate, Sambhal and directed the same to submit factual and action taken report.

4. Report of the Joint Committee was filed by Mr. Vikas Mishra, Regional Officer, UPPCB vide email dated 20.09.2022. The relevant part of the report of the Joint Committee is reproduce below:-

“Action taken Report in compliance of direction issued by Hon’ble NGT order dated 12-07-2022 in the matter of Surendra Kumar V/S State of Uttar Pradesh in O.A. No.420/2022.

X X X X

In compliance to the aforesaid direction, a Joint Team comprising Executive Officer, Nagar Palika Parishad, Sambhal, Chief Medical Officer, Sambhal, Regional Office, U.P. Pollution Control Board, Moradabad and Sub District Magistrate (District Administration) Sambhal visited the said sweets making unit M/s Guru Sweets located behind Axis Bank, Chaundasi-Amroha Road, Teshil & District Sambhal on 27-07-2022. Copy of Joint inspection report is annexed as Annexure- 1.

1. Observations:-

i. As per the report of Joint Committee, the said sweets making unit M/s Guru Sweets is located behind Axis Bank, Teshil & District Sambhal and is being operated under the area of Nagar Palika Parishad, Sambhal and engaged in manufacturing of sweets 60 Kg/Day by using Sugar, Milk, Mava etc as its raw materials.

ii. Unit has obtained license under Food Safety and Standards Act, 2006 from the department of Food safety and Drug Administration, Government of Uttar Pradesh on dated 23-01-2020 which is valid upto 22-01-2025.

iii. During visit it was observed that, a small quantity of waste water estimated/to be approx 500 liter per day is generated from equipment/ utensils washing section and needs its treatment. Further, it was also found that flow in municipal drain is stagnant and required the cleaning of drain.

iv. The Unit has 02 gas fired and 02 wood fired small bhattis in which LPG approx 30 Kg/Day and Wood 30 Kg/Day is used as fuel. A common stack of approx 30 feet height is installed on wood fired bhattis.

Conclusion :

The said Sweets making unit M/s Guru Sweets located behind Axis Bank, Teshil& District Sambhal is being operate in area of Nagar Palika Parishad, Sambhal without having consent under section 25/26 of Water (Prevention and Control of Pollution) Act 1974 and under section 21/22 of Air (Preventio