NGT Directs Comprehensive Pollution Control Measures for Plywood Industries, Mandates MoEF&CC to Frame Guidelines - 2025-05-29

NGT Issues Sweeping Directives to Curb Pollution from Yamuna Nagar Plywood Industries; MoEF&CC to Frame National Guidelines

New Delhi: The National Green Tribunal ( NGT ), Principal Bench, has issued a comprehensive set of directions aimed at curbing pollution from 28 plywood manufacturing units in Yamuna Nagar, Haryana. The judgment, delivered by a bench comprising Chairperson Justice Prakash Shrivastava , Judicial Member Justice Arun Kumar Tyagi , and Expert Member Dr. A. Senthil Vel, disposes of a batch of applications (Original Application No. 849/2024 and connected matters) initiated based on a letter petition by Mr. Sumit Saini . The Tribunal has mandated stringent regulatory actions by the Haryana State Pollution Control Board (HSPCB), the Ministry of Environment, Forest and Climate Change (MoEF&CC), and the industries themselves.

Background of the Dispute

The case originated from a letter petition dated May 14, 2022, by Mr. Sumit Saini , a resident of Damla village, Yamuna Nagar. He highlighted severe environmental pollution caused by numerous plywood factories and brick kilns, alleging detrimental health impacts on villagers due to air and water pollution. The NGT took suo motu cognizance, registering it as Original Application No. 373 of 2022, which was later separated into individual cases for each of the 28 named plywood industries.

Applicant's Grievances

Mr. Saini 's detailed complaints, originally in Hindi and translated by the Registry, outlined several critical issues:

* Air Pollution: Black smoke and ash from factory chimneys settling on rooftops, leading to respiratory problems. Allegations that most factories lacked proper pollution control systems like multi-cyclones, water scrubbers, or bag filters.

* Water Pollution: Suspicions of untreated industrial wastewater, including glue-making effluent containing urea and chemicals, being discharged into the ground through borewells, contaminating drinking water sources with saltpetre.

* Improper Waste Disposal: Concerns about the disposal of "fly ash" (later clarified by industries as "wood ash").

* Regulatory Lapses: Questioned the issuance of No Objection Certificates (NOCs) for factories in residential areas and the efficacy of HSPCB's monitoring. He also pointed out outdated emission standards for the plywood industry.

* Other Issues: The original letter also raised concerns about a new CNG plant, a municipal solid waste dump site, and industrial effluent in the Yamuna river, which were dealt with separately.

HSPCB's Stance and Committee Reports

The NGT had constituted a Joint Committee and repeatedly directed the HSPCB to inspect the units and submit action-taken reports.

* Initial Reports: Early reports by the Joint Committee and HSPCB suggested that the units were largely compliant, possessing valid Consents to Operate (CTOs) and adequate Air Pollution Control Measures (APCMs), primarily cyclones. They claimed no trade effluent was generated, only domestic effluent managed by septic tanks.

* NGT 's Dissatisfaction: The Tribunal expressed dissatisfaction with the incompleteness and vagueness of initial reports, noting that compliance with individual consent conditions and fly ash disposal wasn't thoroughly examined.

* Later Inspections and Reports: Subsequent inspections provided unit-wise details, including CTO validity, Forest Department licenses, and claims of wood ash disposal to farmers for low-lying area filling. However, the NGT noted a complacent and materially deficient approach by HSPCB in verifying facts.

Industries' Response

The respondent plywood industries generally contended that:

* They use wood waste as fuel, generating "wood ash," not "fly ash."

* This wood ash is collected in bags and given to local farmers for filling and levelling purposes, or to contractors for construction sites.

* They possess valid CTOs, and permissions for borewells (many of which were pending renewal).

* Plantations had been carried out on their premises.

* They were compliant with environmental norms.

Tribunal's Observations and Environmental Concerns

The NGT delved deep into the environmental impact of plywood industries, noting:

* Pollution Sources: Air pollution from boilers, wood sawing, glue application (formaldehyde emissions), and transport. Water pollution from log soaking, chemical leaching, and resin washing. Soil contamination from stored wood waste and chemical runoff.

* Health Impacts: Formaldehyde, a human carcinogen used in glues, poses risks to workers. Wood dust and hydrocarbon fumes can cause respiratory issues.

* Regulatory Framework: The Tribunal referred to the Supreme Court's directives in the T.N. Godavarman Thirumulkpad case regarding the regulation of wood-based industries and the subsequent MoEF&CC Wood Based Industries (Establishment and Regulations) Guidelines, 2016. It also noted CPCB's "Orange" category classification for plywood industries (Pollution Index 78.3), indicating significant pollution potential.

* Deficiencies in HSPCB's Actions: The NGT criticized HSPCB for granting CTOs without specific conditions for pollution control devices or greenbelt development, and for submitting incomplete inspection reports.

* Environmental Clearance for Resin Plants: The Tribunal clarified that plywood units with captive resin plants (manufacturing Phenol Formaldehyde , Urea Formaldehyde, etc.) fall under the EIA Notification 2006 and require prior Environmental Clearance (EC).

* Wood Ash Disposal: The NGT reiterated its stance that disposal of ash in low-lying areas is improper and directed HSPCB to develop an SOP for wood ash management, similar to mechanisms for fly ash from thermal plants.

* Greenbelt and APCMs: The NGT emphasized the necessity of adequate greenbelts and appropriate air pollution control equipment (APCMs), finding deficiencies in the current status.

* Groundwater: Concerns were raised about groundwater extraction without valid, up-to-date NOCs and potential contamination.

The Verdict: Comprehensive Directions Issued

The NGT , in its judgment dated May 27, 2025, disposed of the applications with a slew of directions:

CTO Review for Certain Units: HSPCB to review and incorporate basic industry information, verify compliance, and impose appropriate pollution control conditions in CTOs for M/s. Duna Panels Pvt. Ltd., M/s. Pragati Industries, M/s. Nagpal Wood Industries, M/s. Baba Plywood Pvt. Ltd., M/s. Metro Plyboards Pvt. Ltd., and M/s. Krishna Enterprises.

Inspection for Captive Resin Plants & EC: HSPCB to inspect 15 named units to verify if they have captive resin manufacturing plants. If so, their CTO for resin plants is to be revoked, and closure orders for resin plants issued until EC is obtained.

Chemical Safeguards: HSPCB to inspect all 28 units for safeguards in storing and using chemicals like formaldehyde/glue and take action. Report to NGT Registrar General in 3 months.

SOP for Wood Ash Management: HSPCB to prepare and implement an SOP for verifying proper wood ash disposal and verify current disposal practices.

Record-Keeping by Industries: All 28 Project Proponents to maintain records of wood ash generation/disposal and submit quarterly reports to HSPCB.

Verification of APCMs: HSPCB to verify installation and adequacy of air pollution control equipment (including for fugitive emissions) in all 28 units. Report to NGT Registrar General in 3 months.

Greenbelt Verification by DFO: Divisional Forest Officer, Yamuna Nagar, to verify plantation adequacy in all 28 units, report deficiencies, suggest remedial measures, and estimate costs within 1 month.

HSPCB to Enforce Greenbelt: HSPCB to review CTOs to include greenbelt conditions and direct all 28 units to raise adequate plantations as per DFO's recommendations.

Instructions for Greenbelt in CTOs: Member Secretary, HSPCB, to issue instructions for imposing greenbelt conditions in new CTOs and renewals.

Industries to Develop Greenbelts: All 28 units to raise plantations/greenbelts around periphery and village roads during the forthcoming monsoon and file compliance reports in 4 months with NGT Registrar General.

Groundwater Monitoring: HSPCB to sample borewell and groundwater, analyze for domestic and industrial effluent parameters, take action, and report to NGT Registrar General in 3 months.

Flow Meters & Water Consumption Records: All 28 units to install flow meters on borewells, maintain groundwater consumption records, and file compliance reports in 4 months with NGT Registrar General.

Information on HSPCB Website: HSPCB to upload details of Haryana plywood industries and their compliance status on its website. Report to NGT Registrar General in 3 months.

MoEF&CC to Frame Guidelines: MoEF&CC directed to frame requisite national guidelines for plywood industries. Action taken report to NGT Registrar General in 6 months.

Further Listing: Registrar General to list matter if reports are not filed or further directions are needed.

Implications of the Judgment

This landmark judgment underscores the NGT 's commitment to enforcing environmental regulations strictly. It places significant responsibility on HSPCB for diligent monitoring and enforcement, and on the plywood industries for adopting cleaner practices. The directive to MoEF&CC to frame national guidelines signals a move towards standardized environmental norms for this sector across the country. The decision highlights the crucial role of citizen vigilance in bringing environmental violations to light.

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Case Details:

* Lead Case No.: Original Application No. 849/2024 (Sumit Saini Vs Wishwanath Plywood Industries & Ors.) and 27 connected Original Applications (No. 850/2024 to 876/2024)

* Court: National Green Tribunal, Principal Bench, New Delhi

* Coram: Hon’ble Mr. Justice Prakash Shrivastava (Chairperson), Hon’ble Mr. Justice Arun Kumar Tyagi (Judicial Member), Hon’ble Dr. A. Senthil Vel (Expert Member)

* Applicant: Mr. Sumit Saini (in person)

* Counsel for Respondents (Plywood Industries): Mr. Gaurav Agarwal & Mr. Sarthak Kalra

* Counsel for State Respondents (State of Haryana, HSPCB, SEIAA, DC Yamuna Nagar): Mr. Rahul Khurana

* Date Reserved: October 23, 2024

* Date Pronounced: May 27, 2025