Disposed

Mangilal Mewada So Madho Singh Mewada v. Jayshri Gayatri Food Products Pvt. Ltd.

NGT5 Jul 2022Original Application No. 15/2022

Case brief

AI extract

What is this about?

Application against untreated wastewater discharge into River Seewan by Jayshri Gayatri Food Products. Court noted committee report on ETP commissioning and committee recommendations. Upon receiving compliance report confirming partial payments and cleanup, court disposed of application without further orders.

What did the court decide?

None. Tribunal disposed of application directing State Pollution Control Board to monitor compliance. Villagers to assess damages separately.

Mangilal Mewada So Madho Singh Mewada vs Jayshri Gayatri… — Environment and Pollution | NGT (2022)

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Item No. 2

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BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL

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(Through Video Conferencing)

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Original Application No. 15/2022 (CZ)

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Mangial Mewada Applicant(s)

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Versus

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State of Madhya Pradesh & Ors. Respondent(s)

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Date of hearing: 05.07.2022

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CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER

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For Applicant(s): Ms. Prachi Sharma, Adv. For Respondent(s) : Ms. Parul Bhadoria, Adv. Mr. Sachin K. Verma, Adv. Mr. Dharamveer Sharma, Adv.

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ORDER

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Issue raised in this Original Application pertains to discharging of untreated chemical infused wastewater directly in the river Seewan, Sehore by the factory Jayshri Gayatri Food Products Pvt. Ltd., and hence causing immense water pollution, contamination of underground water wells and tube wells, annihilating the ecology of the area, rising death of fauna dependent on the river, rising diseases in humans dependent on the water bodies, and rendering agricultural land infertile. The river is being utilised for direct discharge of untreated chemical infused waste water, which was of such nature that contaminates the river water and hence, renders it harmful to public health.

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The State Pollution Control Board inspected and submitted the report with the following deficiencies :

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“ ifjlj esa fLFkr nwf"kr ty mipkj la;a= ¼{kerk&200 ds,yMh½ mi;qDr :Ik ls lpkfyr ugha ik;k x;k A ,js’ku VSad es amijh lrg ij Lyt dk Hkjko ns[kk x;k A mn;ksx ds nwf"kr ty dk fuLrkj.k ikbi ykbu ds ek/;e ls ifjlj ds ckgj lehiLFk Hkwfe esa fuLrkfjr gksuk ik;k x;k ,oa Hkwfe ij HkaMkfjr ik;k x;k rFkk mn;ksx ls lVs ukys esa vkSn;ksfxd nwf"kr ty dk Hkjko ik;k x;k A mn;ksx }kjk uohu nfw"kr ty mipkj la;a= dks iw.kZ dj

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lapkyu izkjEHk ugha fd;k x;k gS A mn;ksx ds fujh{k.k ds nkSjku ,df=r fd;s x, mipkfjr ty uewuksa ds fo’ys"k.k fjiksZVvuqlkj ,df=r mipkfjr ty uewuksa esa COD RkFkk BOD dk Lrj fu/kkZfjr ekudksa ls T;knk ik;k x;k gSA ”

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And further that approximately 10000 litres of such chemicals infused water is being directly discharged in the River Seewan, causing irreversible damage to the environment and the entire ecology of that area. This results in giving rise to various aquatic diseases and consequent, decline in the aquatic life as well.

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The matter was taken up on 17.02.2022 and the committee consisting (1) District Collector, Sehore (2) Representative of Central Pollution Control Board and (3) Representative of Madhya Pradesh State Pollution Control Board, was constituted with a direction to submit the factual and action taken report.

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In compliance thereof, the joint committee submitted the report as follows:-

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“Factual Status:

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To verify the factual status, the joint committee visited the nonperennial drain flows adjacent to the unit i.e. M/s Jayshri Gayatri Food Products Ltd., Sehore (located at GPS location 23.166253, 77.136195). The overflow of Barkhedi dam flows in this drain. The 500KLD UASB with tertiary treatment system (UF+RO) ETP situated at (GPS location 23.14876, 77.1372) distance of about 2kms (aerially) & about 3 kms (road distance) from unit was also visited to check the status of completion of construction and commissioning.

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Observations regarding the ETP (500KLD):

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1. The 500KLD UASB technology based ETP has following unit operations with their capacity:

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*S.No.*	*Unit operation*	*Capacity*
1.	Screen Chamber & Fat trapper	08 KL
2.	Equalization tank	450KL
3.	UASB reactor	3000KL
4.	Primary clarifier	150KL
5.	Aeration tank	750KL
6.	Secondary clarifier	150KL
7.	Filter feed tank	25KL
8.	Ultra-Filtration	50KL
9.	Reverse Osmosis	20KL/hr
10.	RO permeate tank	80KL
11.	RO reject tank	70KL

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ETP unit operation details are enclosed.

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2. The civil work was completed and UF & RO installation work was ongoing with a schedule of completion within 2 days i.e. 10.03.2022. The pipeline of 4” diameter & 2.8KMs length is laid to pump the effluent from unit to ETP for treatment. The return pipeline to carry the treated RO water to plant for use in boiler and process is also laid and completed. As proposed the RO reject water shall be utilized in floor cleaning, dust suppression. The filling of UASB tank with media i.e. Cow-dung was ongoing and scheduled to complete by 09.03.2022. The ETP designed on the 60000mg/l COD load that will result in huge quantity of biogas generation. The bio-gas collection system work was in progress with scheduled completion in next 3 days i.e. 11.03.2022. Unit has planned to utilize the biogas in boiler to reduce the use of coal as fuel. The ETP is situated on higher elevation and has a distance of 200mtrs and 550mtrs from the Bhagwanpura dam & Barkhedi dam water line respectively. Due to hard strata of the area, ETP units are constructed on elevation.

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The civil, mechanical, plumbing and electrical installation work is completed. Partial work related to biogas collection system, UF, RO installation are few of the on-going works that may be completed within 4-5 days’ time. Looking into the progress observed the ETP may be commissioned to stabilize the system by 13.03.2022.

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3. As per the individual units of ETP, with current average effluent generation of 150KLD, the UASB (3000KL capacity) has 20days of retention time.

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4. On field laboratory for basic parameters viz. DO, BOD, COD is established at ETP area and one on-line continuous water quality monitoring system is also installed. The server connectivity shall be provided to MPPCB on ETP commissioning.

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Observations on the discharge in non-perennial drain:

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1. The unit (M/s Jayshri Gayatri Food Products Ltd, Sehore) is located at Khasra No. 279/3/1, 279/3/2, 279/3/3, 279/3/4, Village - Pipaliyameera, Tehsil - Sehore, Distt. Sehore. Total land area is 0.356 Ha. The nearest village Pipaliyameera is situated at approx. 1.20 km away from the unit.

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2. On the day of field visit i.e. 8.3.2022, the unit was not operational as in compliance of MPPCB closure direction u/s 33A of Water (P&CP) Act 1974 dated 19.01.2022; the Madhya Pradesh Electricity Board (MPEB) disconnected the power connection on 26.02.2022.

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3. The non-perennial drain flows adjacent to the unit, was found dry in a length of 2.5kms i.e. upto village Pipaliyameera. This drain along with

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the overflow of Bhadwanpura dam confluence near village boundary and flows towards Sehore and joins Seewan river.

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4. The drain bed was found dry with whitish layer all along the length. This layer of whitish material is nothing but the solids of wastewater of unit. This confirms that the unit was discharging their partially treated wastewater in the drain. The old ETP (200KLD) was based on the aeration technology and was in poor condition. The effluent was found discharged in adjacent land.

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5. Petitioner and villagers stated that this industrial discharge of wastewater has damaged the water quality of their wells and raised issue of drinking water for villagers & livestock. To verify the fact the water sample of one of the well (as claimed polluted) was collected by MPPCB, Bhopal for analysis. Copy of the analysis report revealed that the sample is having slight color and other parameters are within the prescribed limits.

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Observation on the unit

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1. There are 02 boilers of 12TPH & 8TPH capacity with bag filters and 30m stacks height is established. Coal & wood briquette are used as fuel.

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2. The coal and briquette storage needs to be improved to curtail the fugitive emission.

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3. The porthole for monitoring was not provided as per the CPCB guideline.

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4. There were many points observed in boiler area where safety of workers was ignored.

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5. The dust collection system at bag filter was not proper and handle manually that may result in rise of fugitive emission.

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6. The old ETP need to be cleaned up on commissioning of the new ETP and need to be used for storage of the wastewater generated from the unit. A preliminary fat removal system may be developed at old ETP.

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2.0 Action Taken

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1. The unit was consented by MPPCB for the production of Cheese - 182.50 MTA, Paneer - 365 MTA and Pasteurized Milk -1825 KLA. The Consent to Operate was expired on 31/05/2019. Unit was operational since then without renewal of the CTO and permission for the expansion.

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2. A closure direction under section 33 "A" of water (Prevention and Control of Pollution) Act 1974 was issued by MPPCB to the unit on dated 19/01/2022 for discharge of wastewater outside premises and

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not obtaining valid consent for operation of industry. Unit has also increased the production capacity and investment without obtaining prior permission of the Board.

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3. Further, an environmental compensation of Rs. 1,20,50,000/- (Rs. One Crore Twenty Lacs Fifty Thousand) was imposed on the unit for violation period from 01/06/2019 to 19/01/2022 as per the CPCB methodology on Environmental compensation submitted in Hon’ble NGT OA 593/2017.

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4. Later, this matter was heard by Hon’ble NGT in O.A. 15 of 2022 in present case and this committee was constituted. Further vide I.A. 23/2022 filed by Jayshri Gayatri Foods in Hon’ble Tribunal, agreed to pay the 50% of the environmental compensation imposed by the MPPCB.

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Wherein Hon’ble Tribunal directed as “appellant to approach the office of SPCB and if he is ready to pay the amount as stated above, may deposit to the office of the Pollution Control Board and in case it is paid, the SPCB shall pass an appropriate order and inform the tribunal.” Copy of the order dated 4.3.2022 in Appeal no. 2/2022 (I.A. 23/2022) is enclosed .

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5. In compliance of the order, M/s Jayshri Gayatri Foods deposited Rs. 60,00,000/- on dated 07/03/2022 as 50% of the total EC of 1,20,50,000/-.

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6. Further, it was opined by the committee to impose Environmental compensation upto 25.02.2022 from the issuance of closure direction i.e. 19.01.2022 for operating the unit in non-compliance of the direction.

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3.0 Environmental Compensation:

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Calculation of Environmental Compensation on M/s Jay Shri Gayatri Food Products Ltd. for violation period 19/01/2022 to 25/02/2022. The EC was assessed based on the CPCB methodology of EC assessment:

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EC = PI x N x R x S x LF

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Where,

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EC is Environmental Compensation in Rs. PI = Pollution Index of industrial sector N = Number of days of violation took place R = A factor in Rupees for EC S = Factor for scale of operation LF = Location factor

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(i) Pollution Index of Industrial Sector (PI) : 80

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(ii) Number of days of violation took place (N) :

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Date of closure notice issued by MPPCB : 19/01/2022 (a) Date on which production has stopped : 25/02/2022 (b) No. of days of violation = (a) – (b) = 38 days

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(iii) Factor in Rs. for EC (R) : 250

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R is a factor in Rupees, which may be a minimum of 100 and maximum of 500. Hence, R is taken as 250, as it a case of violation.

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(iv) Factor for scale of operation (S) : 0.5

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M/s Jay Shri Gayatri Food Products Ltd., is a small scale industry. Thus, the factor for scale of operation is taken as 0.5 for small scale industry.

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(v) Location factor (LF) : 1.25 Population of Sehore as per Census 2011 is 1.09 Lakhs and the industry lies within 10km distance from the boundary of Municipal Council, Sehore. Thus, the location factor is taken as 1.25. Thus,

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EC = PI x N x R x S x LF EC = 80 x 38 x 250 x 0.5 x 1.25 EC= Rs 4,75,000/-

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4.0 Comment on New ETP Commissioning

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As the average waste water generation of the unit is 150KLD. The new ETP of 500KLD has UASB of 3000KL capacity; that on average flow will provide nearly 20days of retention. The civil, mechanical, plumbing and electrical installation work is completed. Partial work related to biogas collection system, UF, RO installation are few of the on-going work that may be completed within 4-5 days’ time. And as per the tentative schedule provided by the unit representative, the completion of the ETP will be done on or before 15.3.2022.

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Considering the perishable items produced by the unit and available sufficient retention time; unit may be allowed to operate the unit on

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restricted production capacity (may be upto 100KLD effluent

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generation) till the ETP gets stabilized or trial completes.

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5.0 Recommendations

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i. Unit needs to deposit the rest of the EC amount of Rs. 60,50,000/along with the EC amount of Rs. 4,75,000/- for non-complying the MPPCB closure direction.

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ii. Unit shall complete the stabilization of the ETP and start full capacity operation after obtaining the requisite approval from the MPPCB.

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iii. Unit shall clean up the old ETP and use it as pre-clarifier unit. The unit shall clean up the area near to ETP where wastewater was found accumulated.

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iv. Unit shall clean the drain bed at a depth of 1ft to remove the whitish deposition of the wastewater solids.

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v. Unit shall provide sufficient drinking water facility in the affected nearby village including the need of the livestock.

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vi. As the 02 waterbodies are near to the ETP, it is recommended that unit shall monthly monitor the water quality and submit the report to MPPCB; also install PTZ camera and garland drain around the ETP to avoid any overflow of untreated effluent in water body.

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vii. Unit shall provide porthole at proper height of the stack as per the CPCB guideline and take appropriate safety measures in the boiler & plant premises.

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viii. Unit shall submit a time bound action plan to MPPCB for cleaning of the drain bed from unit to village (upto 2 kms) and installation of 03 ROs of adequate capacity in village Pipaliya meera for drinking water.”

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Learned counsel appearing for the applicant has submitted that the unit is also engaged in so many charitable purposes and providing medical aid to the villagers and promised to pay the rest of the amount of environmental compensation in instalments of Rs. 20 lakh per months. This rests with the Pollution Control Board to finalize the manner of payment.

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Thereafter, Respondent No. 6 submitted the reply as follows :-

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“2. That, the Respondent Company runs an agricultural Based milk processing Unit established in Village Pipaliya Meera, Tehsil and District Sehore (M.P.) That, the Respondent's Unit purchases milk from neatly 1 lakh farmers / milkmen and provides a large source of livelihood for the nearby farmers and family. Such farmers / milkmen produce their milk from almost two lakh buffalos and cows. The existence of all these domestic animals (buffalos and cows) depends upon the sale of milk by their owner farmer / milkman to the Respondent's dairy Unit. The copy of Board Resolution dated for filing the instant reply is annexed herewith.

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3. That, the livelihood of families of all these 1500 employees, around families of 1 lakh farmers / milkmen, and also life of around 2 lakh buffalos and cows is completely dependent upon the growth and establishment of Respondent's Unit. Thus, the Respondent is playing a rather significant role for the people and contributing towards the livelihood and social up-liftment of public at large on a daily basis.

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4. That, it's most respectfully submitted that the Respondent undertakes a lot of charitable works under the Corporate Social Responsibility. The Respondent also has adopted a school for the underprivileged children to ensure free and quality education to the underprivileged. The Respondent has even got the boundary wall works of government schools carried on under the CSR activity to ensure safety of the children and particularly for girl students. In addition to above, the Respondent Company is running a Gaushala for abandoned old age cows, which are in dire need of shelter and medical care and are abandoned by their owners for their inability to fetch milk.

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5. That, the Respondent's Unit is also engaged in export of various dairy products to various foreign countries, which brings foreign

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exchange in the form of foreign currency, i.e., US Dollars. Thus, the Respondent's Unit is economically supporting the country by bringing in foreign exchange within the country.

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6. That, the Respondent's dairy Unit has one fully functional Effluent Treatment Plant with a capacity of 200 KLD. Though the ETP of 200 KLD was sufficient to treat the effluent generated by Respondent's dairy Unit, the Respondent took a conscious decision in consultation with authorities to install another Anaerobic ETP with a capacity of 500 KILD in the year 2019, looking to the business projections in coming years. Copy of Purchase Order (PO) dated23-08-2019 of ETP of the capacity of 500 KLD is annexed herewith. Along with the Anaerobic ETP of a capacity of 500 KLD, the Respondent Company also placed an order to purchase Water Purification System including Ultra Filtration (UF) and Reverse Osmosis (RO) with a capacity of 450 KLD, which is a part of the new Anaerobic ETP to reuse the effluent treated water within the factory.

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7. That the Respondent Unit purchased 8 acres of land for the installation of aforementioned ETP. Thus, the total capacity of the Respondent's Unit to treat the effluent has been increased from 200 KLD to 700 KLD. The Respondent Company has installed the anaerobic ETP based on the kind of effluent generated from the dairy industry. The anaerobic ETP uses anaerobic bacteria (biomass) which eats up harmful microbial load to treat the effluent and convert it into treated water, which after filtration through UF and RO even becomes potable drinking water. Copies of flowchart of the anaerobic ETP and the site plan are collectively annexed herewith.

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8. That, the installation of new ETP of 500 KLD got delayed due onset and outbreak Global Pandemic of COVID-19, which adversely affected the financial condition of one and all, including the respondent. The second reason for delay is that the first lockdown had an impact of almost six months, while the second lockdown had an impact of

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almost four months, whereby the work force and labour were not available to complete the construction of the new ETP, which is well within the knowledge of the respondent Board.

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9. That, it's pertinent to submit that this Hon'ble Tribunal has ordered for constitution of Joint Committee, which has exceeded in its jurisdiction in submitting the report. The replying Respondent has bowed and faithfully complied with all the observation and recommendation which could be possibly implemented except for the imposition of Environmental Compensation of Rupees One Crore, Twenty Lakhs Fifty Thousand (Rs. 1,20,50,000/-), out of which 50% of the amount has been deposited with the Respondent SPCB. The figure of Rs. 1,20,50,000/- has been calculated on wrong analogy and it was simply on the basis of proposed recommendation by MPPCB, whereas proposal cannot be made a part of Recommendation by the Joint Committee, which proposal was to be finalized after due notice to the Replying Noticee and giving him opportunity of hearing and Reply. Copy of Notice dated 01.02.2022 by the Respondent / MPPCB is annexed. Therefore, the recommendation by the Joint Committee is liable to be set aside as Ultravires and beyond the Jurisdiction, Power vested in it.

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10. That, it's humbly submitted that the construction of the new ETP of 500 KLD has been completed and the Work Completion Certificate had been issued by the Civil Engineer on 01-02-2022. Copy annexed herewith. In fact, on the same day the respondent MPPCB issued proposed Notice for of Work Completion Certificate dated 01-02-2022 is imposition of environmental compensation.

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11. That, the effluent discharge of the Respondent's Unit has now been transferred to the newly installed ETP with the capacity of 500 KLD. The bacterial load has been introduced in the new ETP to treat the effluent discharge. The culture of the bacteria has already started and their number shall reach to the maximum capacity in next 20

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days. Latest pictures of the newly installed ETP of 500 KLD are collectively annexed herewith.

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12. That, the newly installed ETP with a capacity of 500 KLD has become functional and the Respondent's Unit is in the process of being a zero-discharge Unit, as bacteria culture is taking place with its natural gestation period. Thus, there is zero-discharge of any effluent by the Respondent Unit outside its premises. The Respondent Unit has an enhanced total capacity of treating 700 KLD of effluent per day.

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13. That, the EC is to be calculated when there is gross violation and it seems that due to such particular violation, Environment is damage up to that extent. Its most humbly submitted that the respondent Unit, far from municipal area and nearby villages. It's submitted that the respondent Unit was in transition phase for establishment of ETP from 200 KLD to 500 KLD.

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14. That, it's most humbly submitted that the Methodology devised Environmental Compensation is erroneous. The same is not in accordance with the formula devised by the CPCB in the case of OA No. 593/2017 Paryavaran Suraksha Samiti & Anr. Dated 28.08.2019 (WP (Civil) 375/2012) dated 28.8.2019. The Environmental compensation is to be calculated when there is a gross violation and it seems that due to such particular violation, environment is damaged up to that extent. In such case, the Statutory Authority issuing Direction under Section 33A, 31A and Sec 5 i.e. Closure Order under Water Act 1974, Air Act 1981 and Environment (Protection) Act, 1986, respectively.

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As per this method, the Environmental Compensation shall be based on the following formula:

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EC = PI x Nx Rx S×LF

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Where:

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PI= Pollution Index of industrial sector, as the concerned industries. CPCB guideline suggest for milk processes and dairy products (integrated project) is 68.75.

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N= Number of days for which the violation took place is considered from the date of visit and finding particular types of violation. Calculated from the date of rejection of the CTO but not from the date of visit, which is 06.07.2021.

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R= A factor in Rupees (Rs.) for EC is varies from Rs. 100 to Rs. 500/day.

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S= Factor for scale of operation.

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LF= Location Factor is 1 as the population of the area is less than 1 million of Sehore District.

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Copy of extract of Environment Compensation Methodology, as well as utilisation of the amount and CPCB guideline are annexed.

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15. That, the intents of the order passed by NGT, in OA No. 593/2017 Paryavaran Suraksha Samiti & Anr. Dated 28.08.2019 as well as the guideline prepared by CPCB is that, the said fund be kept in a separate account and utilize in terms of an action plan for protection of the environment.

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16. That, it is respectfully submitted that the replying respondent filed Appeal No. 2/2022 titled as Jayshri Gayatri Foods V/s MPPCB challenging the Closure Order dated 19.01.2022 passed by the Respondent MPPCB (herein after may termed as "Board"). The Board has revoked compensation considering the case of the applicant and 50 percent of the Compensation Proposed has been deposited. Final demand has yet to be raised by the MPPCB. In view of revocation of the Closure Order, the appeal was disposed of as infructuous without prejudice to its contesting the matter before the MPPCB. It is pertinent to mention here that the replying respondent filed a Representation/Reply against the proposed compensation dated 15.02.2022 to avail opportunity of hearing as has been given to the respondent by the notice dated 01.02.2022 by the Board. Copy of order passed by the Special Bench NGT (PB) New Delhi on dated

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28.03.2022 is annexed. Copy of representation by the replying respondent dated 15.02.2022, are annexed with this reply. Copy of revocation order is attached where the unit has been shown to have complied with all the short-comings.

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17. That, the Replying Respondent reserved to file the Parawise replies if Tribunal direct and reserved to file the same as shall be directed by this Tribunal.

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18. That, all the Recommendation made by Joint Committee at Page- 8 from Serial No. (ii) to (viii) are being complied except installation of 03 ROs, mentioned at Serial No. (viii), of adequate capacity in village Pipaliya meera for drinking water, for which purpose a letter has been issued to the Sarpanch and a response is awaited. The sarpanch is not allowing to install the same. Copy of letter issued to the Sarpanch is annexed with this Reply.

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19. That, thus there is no reason whatsoever to prohibit or regulate the Respondent's Unit as the Respondent has not and is not causing any pollution or public nuisance. The fact of the matter is that the Respondent milk Unit is rather benefiting lakhs of farmers and families associated directly and indirectly to it, and also public in general.”

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The Regional Officer, Pollution Control Board, has submitted the compliance report on the basis of inspection done on 17.06.2022 as follows :-

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I. Unit has deposited the 50% amount of the environmental compensation imposed.

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II. Unit has completed the stabilization of the ETP and start operation after obtaining the consent dated 16/03/2022 from MPPCB.

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III. Unit has stopped using old ETP and cleaning of nearby area is completed.

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IV. Unit has completed the cleaning work of the non perennial drain bed at a depth of 1ft and removed the whitish deposition of the wastewater solids.

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V. The treated waste water is stored into a sump tank and utilized in boiler feed and ash quenching.

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VI. PTZ camera is installed at newly constructed ETP area.

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VII. Garland drain is constructed to avoid any overflow of untreated effluent in water body.

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VIII. Unit has provided porthole at proper height of the stack as per the CPCB guideline and taken appropriate safety measures in the boiler & plant premises.

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IX. Unit has completed the cleaning work of the drain bed from unit to village (upto 2 kms). The installation of 03 ROs of adequate capacity in village Pipaliya meera for drinking water in not completed.

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Learned Counsel appearing for the Respondent has submitted that the question of installation of ROs are pending due to discussion about the quality of RO, which is going on between the respondent and the Panchayat Members. The respondents have further submitted that it may be completed within a short time after the decision communicated by the Panchayat. Four villagers attended the court and submitted that due to discharge of untreated water into the field, the agricultural production capacity of the land has been minimized and the water quality of the river was badly affected causing serious diseases. They have further submitted the problem of unemployment, inability to pay the education cost and non-availability of the portable water. It is informed that in Jal Jeevan Mission, the construction is going on to provide the portable water by installation of the water tank. They have also agreed to direct the Project Proponent to install the required (03) ROs system. Learned counsel Mr. Dharamveer Sharma has communicated that the three ROs of better quality will be established within a short time by the Project Proponent. The points as raised by the farmers with regard to the compensation, there is no calculation of any compensation or relief for that purpose thus the farmers present before this Tribunal are directed to assess their damages, if any, place all records before the Pollution Control Board, District Magistrate and District Magistrate is at liberty to proceed to dispose of the application in accordance with law.

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In light of the compliance report submitted by the Regional Officer, State Pollution Control Board, 50% of the environmental compensation has already been deposited and rest of the amount is under process of payment for which the Pollution Control Board is taking necessary actions. Nothing survives to be adjudicated. Accordingly no further orders are required to be passed by this Tribunal. However, we direct the State Pollution Control Board to regularly monitor the compliance of environmental norms and to proceed according to law. With these observations, the Original Application No. 15 of 2022 (CZ) stands disposed of accordingly.

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Sheo Kumar Singh, JM

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Dr. Arun Kumar Verma, EM

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05^th July, 2022 O.A. No. 15/2022(CZ) PN

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Mangilal Mewada So Madho Singh Mewada v. Jayshri Gayatri Food Products Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Mangilal Mewada So Madho Singh Mewada v. Jayshri Gayatri Food Products Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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