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Item No. 02

Court No. 1

BEFORE THE NATIONAL GREEN TRIBUNAL

PRINCIPAL BENCH, NEW DELHI

Original Application No. 722/2022

(With report dated 17.12.2022)

Beant Singh Bajwa

Applicant

Versus

State of Punjab

Respondent

Date of hearing:

20.12.2022

CORAM :

HONBLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON

HONBLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER

HONBLE PROF. A. SENTHIL VEL, EXPERT MEMBER

ORDER

1.

Grievance in this application is against violation of environmental

norms by IOL Chemicals and Pharmaceuticals Limited Factory, V&PO

Fatehgarh Chhanan, near village Dhaula, Mansa Road, District Barnala.

2.

According to the applicant the unit in question is discharging

effluents through underground bore, thereby contaminating ground

water and also emitting polluted air, to the detriment of environment and

public health. The State PCB failed to take any action as the owner of the

unit is having political influence. The applicant has also annexed

photographs to substantiate the allegation of discharge of effluents from

the unit in question. The applicant has also filed a CD.

3.

Vide order dated 09.11.2022, the Tribunal sought a factual report

from a joint Committee of District Magistrate, Barnala and State PCB.

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The Tribunal also requested Monitoring Committee constituted by this

Tribunal, to monitor the compliance of environmental norms in

pursuance of orders of this Tribunal, headed by Justice Jasbir Singh,

former Judge of the Punjab and Haryana High Court, to oversee the

verification process.

4.

In pursuance of above, the State PCB has filed its report dated

17.12.2022 finding that there was no violation, as alleged. The operative

part of the report is reproduced below:-

“5)

a) The perusal of results of stack emission samples reveal that the

concentration of various parameters are within the

permissible limits as prescribed by the Board for such type

of units.

analysis

results

of

treated

domestic

wastewater reveal that the concentration of various

parameters are within the permissible limit as prescribed

by the Board for such discharges onto land for plantation.

c) The groundwater samples were collected from 5 nearby

villages of the industrial unit and one groundwater sample

from the premises of the industry and same got analyzed

from Board's lab for different parameters as per IS: 10500-

2012. The analysis results of ground water samples reveal

that various parameters are within the permissible limits

as per drinking water standards S 10500-2012. Further,

no color was observed in all the tubewell samples.

However, the total hardness, Magnesium and TDS were

found above the acceptable limits in the ground water

samples as per drinking water standards.

d) The analysis results of the samples collected from upstream and

through Dhanaula drain. The unit is based on Zero Liquid

Discharge and no outlet of the industry was found in the

Dhanaula drain.

e) The industry was thus found complying with the conditions

of NOC/ CTO granted under the Water (Prevention & Control

of Pollution) Act, 1974 & the Air (Prevention &Control of

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Pollution) Act, 1981 as well as the conditions of

authorization granted under the HOWM Rules, 2016.

A)

Drain Wastewater Samples

B)

Soil Samples from the drain

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C)

Groundwater samples

D)

Effluent samples of the industry M/s 1OL Chemicals and

Pharmaceuticals Ltd.

23.11.2022. the Effluent Treatment Plant based on Zero Liquid

Discharge was in operation and no evidence was found with

regard to the discharge of industrial effluent ether into the

drain or into the bore-wells inside the industrial premises as

alleged by the complainant.

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M/s IOL Chemicals and Pharmaceuticals Limited Factory, VPO

Fatehgarh Chhanan, Near Village Dhaula, Mansa Road,

District Barnala

Drain wastewater samples

B

Soil Samples from the Drain

C

Ground Water Samples

Effluent Samples of the Industry

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the process of collection of samples from va