Disposed

Shyam Mohan Richhariya v. State of Madhya Pradesh through Principal Secretary Housing and Environment

NGT1 Aug 2024Original Application No. 177/2023

Case brief

AI extract

What is this about?

The applicant challenged the tolerance measure of the Madhya Pradesh Pollution Control Board allowing a dairy plant to install a bio-mass briquette boiler in a city with severe air pollution. A joint committee reviewed compliance reports, emission data, and action plans, finding no violations. The tribunal held that the boiler operates within prescribed limits with adequate control devices.

What did the court decide?

The Original Application stands disposed of with a direction that the plant must comply with future recommendations regarding waste management and discharge.

Shyam Mohan Richhariya vs State of Madhya Pradesh through… — Environment and Pollution | NGT (2024)

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Item No. 09

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BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (Through Video Conferencing)

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Original Application No. 177/2023(CZ) (I.A.No.35/2024)

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Shayam Mohan Richhariya Applicant(s)

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Vs.

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State of M. P. & Ors. Respondent(s)

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Date of Hearing: 01.08.2024

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CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON'BLE DR. A SENTHIL VEL, EXPERT MEMBER

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For Applicant(s): Mr. Dharamvir Sharma, Adv.

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For Respondent(s) : Mr. Prashant Sthapak, Adv. Mr. Rohit Sharma, Adv. Mr. Prashant M. Harne, Adv. (with Mr. Mehul Bhardwaj, Adv.) Ms. Parul Bhadoria, Adv. Mr. Om Shankar Shrivastava, Adv.

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ORDER

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The grievance of the applicant is compliance of the Air (Prevention and Control of Pollution) Act, 1981 by respondent no. 6, unit of Bhopal Sahkari Dugdh Sangh Maryadit which is in a red category plant operating in close proximity of ISBT, Rani Kamalapati Railway Station, School, Colleges, Hospital and Residential areas at Habib Ganj and processing the milk plant. The project proponent has invited tender for steam-based/design, supply, installation, operation and

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maintenance for 5 MT per hour expendable up to 13 MTPH Solid Multi-Fuel Fired Bio-Mass Boiler for Dairy Plant, which is against the action plan made by the Madhya Pradesh Pollution Control Board.

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It is alleged that use of briquette, solid fuel if allowed in the middle of the city may lead to having adverse effect on the human health in the city.

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The matter was taken up by this Tribunal on 11.12.2023 and a committee consisting members of the CPCB and the State PCB was constituted with direction to submit the factual and action taken report. in compliance thereof, the joint committee submitted the report. Notices were issued to the respondents, who have filed the reply.

¶17

The submission of the learned counsel for the CPCB are that under Section 18 (1)(b) of Air (Prevention of Control of Pollution) Act, 1981 and Section 22 the State PCB has been authorized to take necessary action in-case of violation. The members of the joint committee in compliance of the order filed the report with the following facts :-

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A. “Introduction and location of M/s Bhopal Sahakari Dugdh Sangh Dairy Plant, Bhopal:-

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1. Bhopal Sahakari Dugdh Sangh Maryadit, affiliated to MP State Cooperative Dairy Federation, Bhopal is in existence since 1977. It covers 11 districts and deals with 22 Milk Chilling Centres in its area of operation. The main Dairy plant of 4.00 lakh liters per day capacity is located at

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Habibganj, Bhopal. It was established in 1981.

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2. The plant is located approx 90 meters away on North – East side of Rani Kamplapati railway station and approx 100 meters away on South – West of ISBT. This is a state government organization.

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3. The nearest residential colony is approx 160 meters away on west side from the plant. The plant area is approx 9.50 Acres.

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4. The urban dairy development covers creation and strengthening of necessary infrastructure relating to milk Chilling, processing, manufacture and marketing of milk & milk products. As informed, Raw milk is collected from milk producers. Milk so collected is transferred through insulated milk tankers to the milk processing plant. At processing plant this milk is pasteurized, Homogenise and separated which further used for milk packing and other indigenous and fermented milk product making. Presently, besides dairy plant, the milk union has Butter and Ghee manufacturing facility of 5 MT/day each.

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5. Two existing Boilers of capacity 3 Ton each run by LPG (Liquid Petroleum Gas) are installed to meet out plant steam requirement. Where one boiler runs 20 hr in a day and other boiler is for backup which generally used at the time of maintenance/shutdown of another boiler. As informed, the consumption of LPG is approx. 1.9 MT/day and bio briquettes will be approx. 36 MT/day.

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6. A DG of capacity 400 KVA is installed to meet out the sudden breakdown or power cut from MPEB (Madhya

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Pradesh Electricity Board).

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7. The waste water generated from cleaning of equipments transferred to ETP (Effluent Treatment Plant) of capacity 600 KLD. Daily 4 Lakh Litre of waste water treated out of which 2 Lakh Litre treated water supplied to Indian Railway for their platform and wagon cleaning and rest 2 Lakh Litre of water is used in plant gardens, Green belts, Platform cleaning, vehicles outer body washing etc.

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B. Layout of the Plant:

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➢ The plant layout is enclosed. The various units of the plant are marked on the layout plan.

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➢ The main milk processing unit is located on the west side of the plant premises.

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➢ The boiler house is located on the North – West quadrant of the plant premises. There are two boiler houses adjacent to each other. One is old boiler house having LPG gas based boiler and another is new boiler house of 5 TPH capacity based on bio briquette fuel.

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➢ The new boiler house is located approx 180 meters from Railway line and approx 120 meters from Road.

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➢ The Effluent Treatment plant of 600 KLD capacity located on North – East quadrant of the plant premises.

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➢ The plant is surrounded by thick green plantation all around.

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➢ The internal roads and drains are made of cement concrete.

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C. Waste water and Solid waste management:

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➢ Water source are BMC and two bore wells located within the premises. The plant has an agreement with Water Resources Department Regarding water extraction of 225 Cum/day. The agreement is valid up to 12/05/2026. Plant has not taken permission from Central Ground

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Water Authority.

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➢ The total quantity of water consumed is 580 KLD i.e., 40 KLD being for domestic purpose and 540 KLD being industrial purpose.

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➢ The total quantity of waste water generated is 254 KLD i.e., 22 KLD from domestic and 232 KLD from industrial waste water.

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➢ The waste water is discharged into ETP. The plant has installed ETP system of capacity 600 KLD consisting of Clarifier, Equalization Tank, Aeration Tank, Sludge Drying Bed, UASB, Treated water collection tank. The treated waste water is utilized for gardening to platform washing within premises. Thick green plantation is provided in and around the premises.

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➢ Approx 2.00 lacs liter treated waste water is supplied to Rani Kamplapati Railway Station through pipe.

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➢ The source of Hazardous Waste is used/ spent oil generated about 0.01 MT/year, empty barrels/containers contaminated with hazardous chemicals generated about 15 MT/year, PVC/Plastic Waste generated about 8 MT/year. This Hazardous Waste is disposed of at TSDF Pithampur/ authorized recycler.

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D. Background and Specific Issues in this matter:-

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➢ The grievance of the applicant is compliance of the Air (Prevention and Control of Pollution) Act, 1981 by respondent no. 6, unit of Bhopal Sahkari Dugdh Sangh Maryadit which is in a red category plant operating in close proximity of ISBT, Rani Kamalapati Railway

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Station, School, Colleges, Hospital and Residential areas at Habib Ganj and processing the milk plant. The project proponent has invited tender for steam- based/design, supply, installation, operation and maintenance for 5 MT per hour expendable up to 13 MTPH Solid Multi-Fuel Fired Bio-Mass Boiler for Dairy Plant, which is against the action plan made by the Madhya Pradesh Pollution Control Board.

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➢ It is alleged that use of briquette, solid fuel if allowed in the middle of the city may lead to having adverse effect on the human health in the city.

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➢ A substantial question of environmental rules and compliance of the law and directions are involved in this petition.

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E. Factual status Report of the major issues raised in The petition:-

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Major Issue raised in the Petition

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Reply

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The grievance of the applicant is compliance of the Air (Prevention and Control of Pollution) Act, 1981 by respondent no. 6, unit of Bhopal Sahkari Dugdh Sangh Maryadit which is in a red category plant operating in close proximity of ISBT, Rani Kamalapati Railway Station, School, Colleges, Hospital and Residential areas at Habib Ganj and processing the milk plant. The project proponent has invited tender for steambased/design, supply, installation, operation and maintenance for 5 MT per hour expendable up to 13 MTPH Solid Multi-Fuel Fired BioMass Boiler for Dairy Plant, which

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M/s Bhopal Sahakari Dugdh Sangh Maryadit (Bhopal Dairy Plant) is Red- Medium Category industry as per the Consent to Operate under section 25 of Water Act, 1974 and under section 21 of Air Act, 1981 issued by MPPCB dated 07.02.2022 which is valid up to 31.07.2026.

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Unit has authorization under Hazardous & Other Wastes (Management and Transboundary Movement) Rules, 2016 which is valid upto 31.01.2027.

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The unit has done Steam Purchase Agreement on 21.03.2023 with

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is against the action plan made by the Madhya Pradesh Pollution Control Board.	M/s Subons Solutions LLP, 306, Foundation Tower, Sector-11, CBD Belapur, Navi Mumbai for supplying steam to dairy plant by doing operation and Maintenance of 10 years solid fuel multi fuel fired Boiler on Built, Own, Operate and Transfer (BOOT) basis to be constructed at the dairy premises which will be owned by the unit but will be subsequently transferred to unit after 10 years.
	In this regard, M/s Bhopal Sahakari Dugdh Sangh Maryadit (Bhopal Dairy Plant) has obtained Consent to Establish under section 25 of Water Act, 1974 and under section 21 of Air Act, 1981 issued by MPPCB dated 14.07.2023 which is valid upto 30.06.2028 for setting of 5 Ton/Hour Steam Boiler and associated pollution control facility.
	M/s Subons Solutions LLP has installed the Boiler of 5 Ton/Hour as observed during the inspection on 15.01.2024. M/s Subons Solutions LLP would start operating the boiler upon obtaining Consent to Operate to be issued by MPPCB. CCA Compliance Report dated 14.07.2023 submitted to MPPCB is enclosed. As per Bhopal Non attainment City Action Plan, the installation & operation of air pollution control devices in industries and ensuring emission standard in industries are to be complied. Therefore, Boiler with adequate air pollution control device is not against the action plan made by Madhya Pradesh Pollution Control Board.

is against the action plan made by
the
Madhya
Pradesh
Pollution
Control Board.

M/s Subons Solutions LLP, 306,
Foundation Tower, Sector-11, CBD
Belapur,
Navi
Mumbai
for
supplying steam to dairy plant by
doing operation and Maintenance
of 10 years solid fuel multi fuel
fired Boiler on Built, Own, Operate
and Transfer (BOOT) basis to be
constructed at the dairy premises
which will be owned by the unit
but
will
be
subsequently
transferred to unit after 10 years.

In
this
regard,
M/s
Bhopal
Sahakari Dugdh Sangh Maryadit
(Bhopal Dairy Plant) has obtained
Consent to Establish under section
25 of Water Act, 1974 and under
section 21 of Air Act, 1981 issued
by MPPCB dated 14.07.2023 which
is valid upto 30.06.2028 for setting
of 5 Ton/Hour Steam Boiler and
associated
pollution
control
facility.

M/s Subons Solutions LLP has
installed the Boiler of 5 Ton/Hour
as observed during the inspection
on
15.01.2024.
M/s
Subons
Solutions LLP would start operating
the boiler upon obtaining Consent
to Operate to be issued by MPPCB.
CCA
Compliance
Report
dated
14.07.2023 submitted to MPPCB is
enclosed.
As per Bhopal Non attainment City
Action Plan, the installation &
operation of air pollution control
devices in industries and ensuring
emission standard in industries are
to be complied. Therefore, Boiler
with adequate air pollution control
device is not against the action
plan made by Madhya Pradesh
Pollution Control Board.

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That, the act of Respondent No 6 / BSDSM / PP is clear violation of environmental rules by circumventing the liability casted upon the PP to the third party. In the present case CTE is applied by the Respondent/BSDSM whereas, third party being engaged to install, operate, maintain and supply of the steam generated from briquette solid fuel with all environment liabilities. Surprisingly, this is precondition for establishment of Briquette Bio-mass Boiler to shift the liability in case of any untoward incident occur by operation of solid multi-fuel fired Bio-mass Boiler in the midst of human population, Rani Kamlapati Railway Station, ISBT, hospitals, School and colleges, which establishments is within the radius of 200 meters from the PP unit. The cause of action further arouses when RTI information received on dated 06.10.2023, when copy of Action Plan for control of Air Pollution in non-attainment city of MP is prepared by MPPCB is annexed and marked.

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That, the Respondent No-6/PP has deliberately misguided the approving authorities about the fact of operation of solid fuel Briquette Bio-mass based Boiler for milk processing which is not under the schedule of Action Plan made by Respondent/ MPPCB after detailed direction passed

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In this regard, joint committee Stack monitoring of the Boiler carried out by MPPCB RO Bhopal and CPCB RD Bhopal for verifying the adequacy of air pollution control devices of the Boiler. Directorate of Boilers, Government of Madhya Pradesh, Bhopal has issued Provisional Order under section 9 of Boiler Act, 1923 on 01.01.2024 which is valid up to 30.06.2024.

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As per Bhopal Non attainment City Action Plan, the installation & operation of air pollution control devices in industries and ensuring emission standard in industries are to be complied. Therefore, Boiler with adequate air pollution control device is not against the action plan made by Madhya Pradesh Pollution Control Board.

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by NGT (PB) New Delhi, in OA no. 681/2018 dated 08.10.2018 by the authorities with regard to air pollution Non-Attainment City in India such as Bhopal. The action Plan of MPPCB for controlling air pollution in Bhopal is to ensure clean-fuel for commercial purposes, but the respondent Board while allowing the same is ignoring to its own action plan is serious and this Tribunal can take the cognigence to this unlawful act in connivance with the authorities.

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That, the applicant has received other information through RTI with regard to Expansion of Consent to Establish ("CTE") issued to the Respondent's industry on dated 6thJuly 2023. The Site inspection report reveals that on an application by the project proponent for the installation of another Boiler based on Bio-Mass based Briquette. The Boiler shall be installed near the existing another Boiler in open available space with 30 meters stack height is proposed having consumption of Bio-mass

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5 Metric ton MT) per hour. Although another 1600 kg/per day consumption of LPG is being used by the project proponent for meeting its existing requirements. The sample report at Para-F indicates the use of furnace Oil of 4800 Kgs/month along with LPG is used for milk processing by the industry. However, This Tribunal has already passed an order on dated 05.07.2016 that use of furnace oil is impermissible. Further Bio- mass Ash along with

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Board.

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Unit has 02 boilers each of 3 Ton/Hour steam generation capacities which are operational by LPG. Unit has done agreement with HPCL for supply of commercial LPG through cylinder and latest bill of LPG supply is enclosed.

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Unit has submitted Fly Ash Management Plan which is enclosed.

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As per Bhopal Non attainment City Action Plan, the installation & operation of air pollution control devices in industries and ensuring emission standard in industries are to be complied.

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Therefore, Boiler with adequate air pollution control device is not against the action plan made by Madhya Pradesh Pollution Control Board.

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other solid wastes discharged by the operation of this industry on account of use of Briquette Biomass Boiler which is as per agreement the fuel commodity. Which is not permissible as per National Clean Air Programme (NCAP). Copy of CTE issued for expansion and installation of Boiler based on solid Bio mass based briquette is annexed.

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That, as per the inspection report conducted by respondent/MPPCB on 06.07.2023 the boiler will use bio-mass of Briquette which will be consumed at rate of 5 MT Per/hour. The Briquette, according to Collins dictionary, is a small brick made of compressed Coal Dust, Saw Dust, Charcoal etc used as Fuel in Boiler for converting water into steam, which in this matter, is used as a raw material for the operation. Biomass briquettes traditionally available are nothing but compressed stubble of crops. Central pollution Control Board is also responsible for such activities with regard to air pollution have documented rules, conditions, reports and guidelines but unfortunately nothing concrete on the ground.

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Bio-mass fuel may be operated for designed boiler with adequate Air Pollution Control Devices (APCD). Air pollution control devices details enclosed.

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Measures and implementation for arresting/minimizing the particulate emission and ash generation management and other measures taken by M/s Subons Solutions LLP as suggested by MPPCB:

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Multi cyclone arrangement having two towers each of dia910 mm, lengh-3000 mm is installed before the Air Pre heater.

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Air pre heater (APH) is also installed to utilize the heat of flue gas and also to arrest the dust particles going after the multi cyclone.

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Primary Bag Filter with 210 bags is installed after the APH to further arrest the dust particles if any after APH. The secondary bag filter is installed for redundancy and is in parallel with 168 bags. In case primary bag filter is in maintenance then secondary is operational.

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Stack with height of 30 meter is provided by the unit for exhaust

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	of emissions. Stack with
	Platform, Porthole and Easy ladder is provided for emission monitoring. 5. Ash Management- As per fly ash management plan of the unit, the ash collected in boiler bed, air pre heater, cyclone and bag filter shall be conveyed to Ash Storage Pit which is underground. Ash pit has a holding capacity of 7 days of ash generation. The ash will directly go into the Underground Ash Storage Pit. Once it is filled, it is lifted and conveyed with the help of pulley and mechanical system for loading on to a trolley. The trolly used for transportation of ash will be fully covered. 6. Online monitoring system is installed to measure the particulate emission on continuous basis. Online PTZ Camera is installed to see and record the particulate emission on continuous basis.
That, earlier too in another case titled as Dr. Shailender Kumar Modi V/s Bhopal Sahkari Dugdh Sangh Maryadit 2 Others OA No 45/2016 wherein this Tribunal has passed a detailed order with respect to the use of fuel by the	Unit has 02 boilers each of 3 Ton/Hour steam generation capacities which are operational by LPG. Unit has done agreement with HPCL for supply of commercial LPG through cylinder and latest bill of LPG supply is enclosed.
respondent unit. This Tribunal has found serious environmental violation of this unit including use of furnace oil as fuel found to be impermissible. Effluent discharge was also found while course of hearing against this unit. Copy of the order passed on dated 05.07.2016 by this Tribunal is annexed .	During the inspection on 15.01.2024, it was observed by the joint inspection team that the overflow of the sludge drying beds of the ETP is flowing outside the premises which is a violation of the Consent to Operate under Water Act, 1974 issued by MPPCB. The overflow of sludge drying beds measured as 25.64 litre/minute. The sample of the discharging

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effluent has been collected by MPPCB.
MPPCB has issued notice vide
dated 15.01.2024 to M/s Bhopal
Dugdh Sangh, Dairy Plant
regarding the overflow of the
sludge drying beds of the ETP is
flowing outside the premises. In reference to the notice dated
15/01/2024 of MPPCB, unit vide
letter dated 25/01/2024 submitted
the reply and informed that the
points of notices are complied and photographs are submitted. The committee inspected the compliance on dated 02/02/2024, 12/02/2024 and on dated
29/02/2024 and found that the
discharge is stopped and
housekeeping is improved.
The sample of the overflow of the
sludge drying beds of the ETP is
flowing outside the premises has
been collected by MPPCB on dated 15/01/2024. Sample analysis report by MPPCB is enclosed.

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S. N.	Parame ter	Analys is Result	Limit as per consent
1.	_pH _	7.42	5.5-9.0
2.	Suspe nded Solid	250	100
3.	_BOD _	120	30
4.	_COD _	871.2	250
5.	Oil & Grease	12	10
6.	TDS	800	2100
7.	Chlorid e	119.96	1000

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That, it's hard to realise the fact that, city of Bhopal has already faced the worst industrial disaster on the midnight horror of 3rd December 1984, when a thin plume of white vapor began streaming from high structure. Caught by the wind, it became a haze and blew downwards to mingle with smoke coming from somewhere nearer the ground. A dense fog formed, nudged by the wind, it rolled across the road and into alleys on the other side resultantly those within the vicinity woke coughing, their eyes and mouths on fire immediately killing of thousands of people and causing significant morbidity and premature death for many thousands more. Bhopal has hardly recovered from the world's largest

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Note: All values are in mg/l except pH. As per report the parameters of SS, BOD, COD, Oil & Grease are not under the limit as per consent. Flow chart of Effluent Treatment Plant of the unit is enclosed. As observed during the inspection, the plant is a biomass briquettes based boiler provided with adequate Air Pollution Control Device.

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industrial disaster of the century. Thousand resultantly died and more than half a million were injured. In the year since, as more people died of their injuries and illnesses caused by inhaling by the gas. The death toll has risen above 20,000. The principle of Precaution strictly applies to avoid such untoward incidents anymore. Therefore, the instant petition is filed on the strong footing of Precautionary Principle which is envisioned by lawmakers while framing National Green Tribunal Act, 2010.

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That, Dust Pollution has become a major issue in the City of Bhopal and this is constituting for sickness due to inhaling polluted air. The importance of Clean Air can be adjudged from the point of being Fundamental Right under article 21 Right to live in a clean and healthy Environment. If this is not checked at the right time then situation of place like Delhi NCR can be seen particularly during winter season where Air Quality Index (AQl) is above 600 ppm spread over entire region. This situation is alarming as in Bhopal also AQI is above 250 ppm in the daily records. The recent newspaper articles are annexed for kind perusal of this tribunal whereof rise of AQI and downwards trend of mercury in winter is especially dangerous, impacting the elderly and younger people. The copy of newspapers cutting and recent reporting are jointly attached and annexed

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Bio-mass fuel may be operated for designed boiler with adequate Air Pollution Control Devices.

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Measures and implementation for arresting/minimizing the particulate emission and ash generation management and other measures taken by M/s Subons Solutions LLP as suggested by MPPCB:

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Multi cyclone arrangement having two towers each of dia910 mm, lengh- 3000 mm is installed before the Air Pre heater.

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Air pre heater (APH) is also installed to utilize the heat of flue gas and also to arrest the dust particles going after the multi cyclone.

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Primary Bag Filter with 210 bags is installed after the APH to further arrest the dust particles if any after APH. The secondary bag filter is installed for redundancy and is in parallel with 168 bags. In case

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	primary bag filter is in
	maintenance then secondary is operational. 4. Stack with height of 30 meter is provided by the unit for exhaust of emissions. Stack with Platform, Porthole and Easy ladder is provided for emission monitoring. 5. Ash Management- As per fly ash management plan of the unit, the ash collected in boiler bed, air pre heater, cyclone and bag filter shall be conveyed to Ash Storage Pit which is underground. Ash pit has a holding capacity of 7 days of ash generation. The ash will directly go into the Underground Ash Storage Pit. Once it is filled, it is lifted and conveyed with the help of pulley and mechanical system for loading on to a trolley. The trolly used for transportation of ash will be fully covered. Online monitoring system is installed to measure the particulate emission on continuous basis. Online PTZ Camera is installed to see and record the particulate emission on continuous basis.
That, the office of Municipal Corporation Bhopal surprisingly allowing such activities of the Respondent no-6, unit whereas, prohibiting the use of solid fuel by hotels, restaurants and dhabas. The respondent / BMC has recently started issuing notices in compliance of OA no. 142/2023 in "Pratik Bhosle Vs. State of Madhya Pradesh" to prohibit using wood/charcoal as fuel by hotels and restaurants in the city area. This expresses the deep concern of the State	As per Action Plan submitted by MPPCB for Non-attainment city i.e. Bhopal, Only LPG is being promoted for use in the eateries, restaurants & domestic purposes of the city. Industry has to provide adequate Air Pollution Control Devices for using bio- mass in the boiler.

primary
bag
filter
is
in

maintenance then secondary is
operational.
4. Stack with height of 30 meter is
provided by the unit for exhaust
of
emissions.
Stack
with
Platform, Porthole and Easy
ladder is provided for emission
monitoring.
5. Ash Management- As per fly
ash management plan of the
unit, the ash collected in boiler
bed, air pre heater, cyclone and
bag filter shall be conveyed to
Ash
Storage
Pit
which
is
underground. Ash pit has a
holding capacity of 7 days of
ash generation. The ash will
directly
go
into
the
Underground Ash Storage Pit.
Once it is filled, it is lifted and
conveyed with the help of
pulley and mechanical system
for loading on to a trolley. The
trolly used for transportation of
ash will be fully covered.
Online monitoring system is installed
to measure the particulate emission
on continuous basis. Online PTZ
Camera is installed to see and
record the particulate emission on
continuous basis.

That, the office of Municipal
Corporation Bhopal surprisingly
allowing such activities of the
Respondent no-6, unit whereas,
prohibiting the use of solid fuel
by
hotels,
restaurants
and
dhabas. The respondent / BMC
has
recently
started
issuing
notices in compliance of OA no.
142/2023 in "Pratik Bhosle Vs.
State of Madhya Pradesh" to
prohibit using wood/charcoal as
fuel by hotels and restaurants in
the city area. This expresses the
deep
concern
of
the
State

As per Action Plan submitted by
MPPCB for Non-attainment city i.e.
Bhopal, Only LPG is being promoted
for use in the eateries, restaurants &
domestic
purposes
of
the
city.
Industry has to provide adequate Air
Pollution Control Devices for using
bio- mass in the boiler.

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Government with respect to controlling the Air ambient standard of the Non- attainment City Bhopal. This type of double standard on one hand allowing 5 Metric Tonnes Per Hour of solid fuel by one unit and prohibiting restaurants using small quantity of solid fuel per day. Copy of letter issued by the office of Deputy Commissioner of Bhopal Municipal Corporation for compliance of order in OA no. 142/2023 is attached for kind perusal of this Tribunal.

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That, it's pertinent to mention here that, Central government launched National Clean Air Program (NCAP) as a long term, time bound national level strategy to tackle the air pollution problem across the country in a comprehensive manner with targets to achieve 20% to 30% reduction in particulate matter concentration by 2024 keeping 2017 as a base year for the comparison of the concentration. Under NCAP, 122 nonattainment cities have been identified across the country, based on air quality data from 2014-2018. Bhopal, is one of those cities amongst the list of non- attainment cities. The use of Briquette as fuel in the midst of city in such close proximity of Rani Kamlapati Railway Station, ISBT, Hospital, School & College and BHEL & Railway Residential Colony shall have farfetched, adverse impact on citizen, therefore no such activities under operation of boiler-based Briquette fuel should be allowed in the interest of the human

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Environment. The copy of Press Release of NCAP by Ministry of Urban Affairs is annexed. That, the NGT (Principal Bench) Action Plan of Non-attainment city New Delhi in case no. OA Bhopal has been prepared by 681/2018, Vide its order dated MPPCB. 08.10.2018, directed all the state and Union territories with non - attainment cities must prepare appropriate Action Plan within 2 months aimed at bringing the standards of air quality within the prescribed norms within 6 months of the date of finalization of the Action Plan.

¶110

The copy of the order passed by this Tribunal on dated 08.10.2018 is attached for kind perusal of this Tribunal annexed . That, the liquid waste is originated from the various section of the plants such as bottling plant, cheese plant, butter plant, condensed milk plant, dried milk plant, and ice cream plant. However, it is mandatory condition of installation of Effluent treatment Plant to treat the waste washed water up to the standard prescribed by State Pollution Control Board, Respondent no-2, but the respondent unit discharging effluents outside the premises without any proper treatment.

¶111

MPPCB has issued notice vide dated 15.01.2024 to M/s Bhopal Dugdh Sangh, Dairy Plant regarding the overflow of the sludge drying beds of the ETP is flowing outside the premises. In reference to the notice dated 15/01/2024 of MPPCB, unit vide letter dated 25/01/2024 submitted the reply and informed that the points of notices are complied and photographs are submitted. The committee inspected the compliance on dated 02/02/2024, 12/02/2024 and on dated 29/02/2024 and found that the discharge is stopped and housekeeping is improved. The sample of the overflow of the sludge drying beds of the ETP is flowing outside the premises has been collected by MPPCB. Sample analysis report by MPPCB is enclosed. Sl. Paramet Analysis Limit

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No.	er	Result as per conse nt
1.	^pH	7.42 5.5- 9.0
2.	^Suspe nded	250 100
3.	^Solid
4.	^BOD	120 30
5.	^COD	871.2 250
6.	^Oil & Grease	12 10
Note: pH. As per BOD, under	All values report the COD, Oil the limit a	are in mg/l except parameters of SS, & Grease are not s per consent.

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Flow chart of Effluent Treatment Plant of the unit is enclosed. As per Action Plan submitted by MPPCB for Non-attainment city i.e. Bhopal, Only LPG is being promoted for use in the eateries, restaurants & domestic purposes of the city. Industry has to provide adequate Air Pollution Control Devices for using bio- mass in the boiler.

¶115

That, in view of the Supreme As per Action Plan submitted by Court and this Tribunal's various MPPCB for Non-attainment city i.e. directions and orders passed in Bhopal, Only LPG is being promoted many cases, shall have no for use in the eateries, restaurants & fruitful result if such solid domestic purposes of the city. briquette bio-mass fuel is Industry has to provide adequate Air allowed to continue having Pollution Control Devices for using cumulative impact on bio- mass in the boiler. environment. The action of respondents, more particularly the Madhya Pradesh Pollution Control Board is without application of mind and without adhering to the orders and directions passed in various judgments and NCAP guidelines acted and issued CTE to the respondent Unit is challenged on the following amongst other grounds: - That, the applicant is deeply As per the objective of NCAP it concern about the city air include all the aspects, including environment, thereby filing the health, the economy, technological

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¶117

instant
case
without
prejudice
amongst other grounds which are
as follows: It is alleged that use of
briquette, solid fuel if allowed in
the middle of the city may lead to
having
adverse
effect
on
the
human health
in
the city. A
substantial
question
of
environmental
rules
and
compliance
of
the
law
and
directions are involved in this
petition.

advancements, and the feasibility
to
implement
the
suggested
solutions. The Action Plan under
NCAP submitted by MPPCB and
approved
by
CPCB
for
Non-
attainment city i.e. Bhopal, Only
LPG is being promoted for use in
the
eateries,
restaurants
&
domestic purposes of the city.
Boiler has provided adequate Air
Pollution Control Devices for using
bio- mass in the boiler, which will
operate within consented limits as
issued
by
MPPCB
under
Air
Prevention and Control
of Pollution Act, 1981.
As per MoEF&CC, Govt. of India
gazette
notification
dated
16.05.2023, for 2 ton/hour to less
than 10 ton/hour capacity agro-
based
boiler,
PM
emission
is
prescribed as 250 mg/NM3. MPPCB
has stringed the limit to 25 mg/ NM3
in its Consent to Establish issued to
the unit.

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F. Introduction of Steam Boiler of 5 Ton/Hr Capacity (Based on Bio Briquettes as fuel) :-

¶119

A new steam boiler of 5 Ton/Hr capacity based on bio Briquettes as fuel is installed in the premises of by M/s Subons Solutions, Mumbai on M/s Bhopal Sahakari Dugdh Sangh Maryadit (Bhopal Dairy Plant) by M/s Subons Solution, Mumbai w.r.t. their agreement dated 21.03.2023. M/s Bhopal Sahakari Dugdh Sangh Maryadit (Bhopal Dairy Plant) has obtained Consent to Establish for the boiler from MPPCB on 14.07.2023.

¶120

A biomass briquette boiler operates on the principle of biomass combustion, where biomass briquettes are burned to generate heat. The combustion process involves the release of energy stored in the briquettes, producing hot gases and ash. The generated heat is then

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¶122

used to produce steam or hot water for various industrial, commercial applications.

¶123

The biomass briquette manufactured in the briquette plant is transported at the boiler place of operation and is stored in briquette storage area.

¶124

The biomass briquette is then fed into the furnace by belt conveyor. The belt conveyor takes the briquette to a Silo from where the briquette is slowly pushed in the furnace by screw conveyor.

¶125

The briquette fed into the furnace is then burnt with the help of FD fan and ID fan. The ID fan pulls the hot gases to different water tubes and then finally to chimney.

¶126

Steam is generated in the steam drum. From the steam drum the steam is supplied to the dairy by steam header in between to control and safer operation of the boiler.

¶127

The hot gases pass through the water tubes, steam drum, Multi cyclone, APH (Air Pre Heater), Bag Filter and then finally to air from Chimney of 30 meters.

¶128

In between, the heat is recovered by water tubes, steam drum and APH and the particulate matter is arrested by Multi Cyclone, APH, Bag Filter

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Air Pollution Control Devices installed for Steam Boiler of 5 Ton/Hr Capacity :-

¶131

Measures and implementation for arresting/minimizing the particulate emission and ash generation management and other measures as suggested by MPPCB:

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1. Multi cyclone is installed before the Air Preheater.

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2. Air pre heater (APH) is also installed to utilize the heat of flue gas and also to arrest the dust particles going after the multi cyclone.

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3. Bag Filter is installed after the APH to further arrest the dust particles if any after APH. The number of bags in the primary bag filter are 210. The secondary bag filter is installed for redundancy and is in parallel with 168. In case primary bag filter is in maintenance then secondary is operational.

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4. Ash Management- As informed, the ash collected in boiler bed, air pre heater, cyclone and bag filter shall be conveyed to Ash Storage Pit which is underground pit where there will be water sprinkle quenching system so that ash is wet all the time. Ash pit has a holding capacity of 7 days of ash generation. The ash will directly go into in the Underground Ash Storage Pit. Once it is filled, it is lifted and conveyed with the help of pulley and mechanical system for loading on to a trolley. The trolly used for transportation of ash will be fully covered.

¶136

5. Online monitoring system is installed to measure the particulate emission on continuous basis. Online PTZ camera is installed to see and record the particulate emission on continuous basis.

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6. Blow down water – It is sent to a concrete storage tank for further use in plantation.

¶138

7. Softener water – It is taken from dairy.

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OA No. 177/2023(CZ)

¶141

Shayam Mohan Richhariya Vs. State of M.P. & Ors.

¶142

The steam generation in the dairy is fluctuating and depends upon the process requirement. When the product is manufactured, then only it requires 3 MT per hour steam, while most of the day the flow rate is below 2 MT per hour or even less. The rate of briquette feeding per hour and steam generation per hour depends upon the consumption of steam by the dairy per hour. The total steam generation in the dairy is around 40 MT per day which converts to 10-12 MT of biomass briquette and 700-900 kg of ash per day. The ash will be handled as per Ash Management Plan submitted by the unit.

¶143

Storage and feeding – As informed, the biomass briquette will be stored beside the feeding area and will be covered by tarpoline. A shed will be built for briquette storage. The fuel storage area will be having a storage capacity of 7 days. The biomass briquette will be conveyed by covered belt conveyor which will feed a Silo installed for onward feeding in the boiler furnace with the help of screw conveyor.

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Experimental Study cum monitoring of biomass based boiler of M/s Bhopal Sahakari Dugdha Sangh Maryadit (Bhopal Dairy Plant), Habibganj, Tehsil- Hujur, Dist-Bhopal, Madhya Pradesh- 462024:-

¶145

The monitoring of emission before Air Pollution Control Devices for actual emission by bio-briquettes and after Air Pollution Control Devices to check emission discharge as per the limit of the boiler as per Consent to Establish. Total 03 monitoring before APCB and after APCD was carried out by the joint team.

¶146

Emission Analysis

¶147

To analyze the emission from boiler, an experimental study was conducted to assess the emissions from burning of Bio-mass Briquettes in the boiler. The port hole for sampling was made in the duct before installed APCD. In the study monitoring was performed for the parameters- particulate matter (PM) and

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OA No. 177/2023(CZ)

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Shayam Mohan Richhariya Vs. State of M.P. & Ors.

¶151

gaseous pollutant (NOx, SO2, VOC).

¶152

Material and Method

¶153

The methodology involves three steps. At the start, combustion chamber of the boiler was emptied completely and then blank readings were taken for the designated parameters for background corrections to get the exact value of emissions. The combustion chamber was charged with Bio-mass Briquettes and emissions were monitored for the calculated period of time respectively. A constant air to fuel ratio was maintained in both the cases to ensure complete combustion of fuels.

¶154

The emissions from combustion are not constant throughout the burning process and may vary with time. Therefore, to obtain data that cover the entire burning cycle integrated sampling was done. Sampling was done twice during the combustion- at the start of the combustion when desired steam pressure was reached and near the end of the burning cycle.

¶155

A typical sampling configuration was used including a sampling probe, a filter holder, a pump and impingers with absorbing media for SO2, NOx. A pre-weighed desiccated glass fiber thimble was used for PM.

¶156

Results

¶157

In this study, monitoring was conducted for PM, SO2, NOx, and VOC, before and after Air Pollution Control Device.

¶158

The emission concentration of PM, before APCD ranged between 109.4 to 173.5 mg/NM3 with an average concentration of 140.63 mg/NM3. While, after APCD, PM was calculated as ranged between 15.1 and 16.9 mg/NM3 having an average concentration of 16.23 mg/NM3. Values of PM after APCD are within prescribed limit as per Consent to Establish. Average value of PM before APCD was 140.63 mg/NM3 and it reduced to 16.23 mg/NM3 after APCD. The overall percentage reduction in the particulate matter (PM) before and after APCD in Sample no 1 is

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OA No. 177/2023(CZ)

¶161

Shayam Mohan Richhariya Vs. State of M.P. & Ors.

¶162

84.55%, Sample no 2 is 91.29% and Sample no 3 is 87.98%.

¶163

SO2 principally originates from the combustion of Sulphur in the fuel source. The emission concentration of SO2 before and after APCD was calculated as below detective limit (BDL).

¶164

NOx emissions depend primarily on fuel type and thermal conditions. The emission concentration of NOx before APCD ranged between 88 to 104 mg/NM3 with an average of 96 mg/NM3 and 82 to 98 mg/NM3, after APCD with an average 91.33 mg/NM³ of respectively.

¶165

During the monitoring, the feeding rate of bio-mass briquettes was approximate 493 Kg/hour.

¶166

The concentration of VOC before and after APCD was calculated as below detective limit (BDL). Stack Monitoring Analysis Report is enclosed.

¶167

Stack Monitoring Results Date of Sample taken - 29.02.2024

¶168

	Be	*fore APCD*
Date and Sample	PM (mg/Nm³)	SO2 (mg/Nm³)	NOx (mg/Nm³)	VOC (ppm)
29.02.2023, Sample-1	109.4	BDL	96	BDL
29.02.2023, Sample-2	173.5	BDL	88	BDL
29.02.2023, Sample-3	139.0	BDL	104	BDL
	Af	*ter APCD*
Date and Sample	PM (mg/Nm³)	SO2 (mg/Nm³)	NOx (mg/Nm³)	VOC(ppm)
29.02.2023, Sample-1	16.9	BDL	94	BDL
29.02.2023, Sample-2	15.1	BDL	82	BDL
29.02.2023, Sample-3	16.7	BDL	98	BDL
Limit as per Consent to Establish	25	-	-	-

¶169

Ambient Air Quality Monitoring

¶170

Ambient Air Quality Monitoring (AAQM): The Ambient Air Quality Monitoring has been carried out for the following 02 locations during 29–30.02.2024 for PM10, PM2.5, SO2 and NOX and the values are as under permissible limits of 24 hour

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OA No. 177/2023(CZ)

¶173

Shayam Mohan Richhariya Vs. State of M.P. & Ors.

¶174

basis except PM2.5 limit Near Garden Area, butter making unit.

¶175

		*Amb* *Date of S* L	*ient Air Qu* *ample take* *ocation- N*	*ality Monitori* *n on 29–30.02.* *ear ETP Area*	ng *2024*
*Parameter*→		*SO2*	*NO2*	*PM2.5*	*PM10*	*Remarks*
*Concentration*		2.0	6.5	46.82	72.98	Clear
_Range _						atmosphere
*Standards* as *CPCB(24Hrs.*	*per* *Basis)* *Note-*	80 *All value*	80 *s of concen*	60 *trations are in*	100 *µg/m³of air*

¶176

	*Loc*	*Amb* *Date o* *ation- Ne*	*ient Air Qu* *f Sample tak* *ar Garden*	*ality Monitori* *en 29–30.02.* *Area, butter m*	ng *2024* *aking unit*
*Parameter*→		*SO2*	*NO2*	*PM2.5*	*PM10*	*Remarks*
*Concentration*		2.0	4.5	67.27	89.36	Clear
_Range _						atmosphere
*Standards* as *CPCB(24Hrs.*	*per* *Basis)*	80	80	60	100
	*Note-*	*All value*	*s of concen*	*trations are in*	*µg/m³of air*

¶177

The team conducted ambient air quality monitoring at two locations for 24 hours and fugitive emission monitoring near the boiler plant. Noise monitoring was carried out near plant to measure noise level.

¶178

Sample of bio-briquettes is taken for proximate and ultimate analysis. Fly ash sample is taken for organic and elemental analysis.

¶179

Fugitive emission monitoring was carried out at the following 01 location on 29.02.2024 and the monitored value is 95.11  g/m3. The detailed analysis report is enclosed .

¶180

*Fugitive Emission Monitoring Results*	(Date : 29.02.2024)
*Locations*	**Monitoring Result (g/m**³)
*Near Biomass Boiler*	95.11

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Solid Fuel Analysis

¶182

Proximate & Ultimate Analysis of ‘Bio-mass Briquettes’:-

¶183

Biomass briquettes are a biofuel substitute made of biodegradable

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¶185

OA No. 177/2023(CZ)

¶186

Shayam Mohan Richhariya Vs. State of M.P. & Ors.

¶187

green waste with lower emissions of greenhouses gases and carbon dioxide then traditional fuel sources.

¶188

The report of proximate and ultimate analysis of ‘Bio-mass Briquettes’ used in Boiler is enclosed.

¶189

Proximate analysis, ultimate analysis and calorific value are commonly used to characterize solid biomass fuels. The proximate analysis serves as a simple means for determining the behavior of a solid biomass fuel when it is heated. It determines the contents of moisture, volatile matter, ash and fixed carbon of the fuel. The amount of fixed carbon and volatile matter directly contribute to the heating value of the fuel. Fixed carbon acts as main heat generator during burning while high volatile matter leads to smoky flame and easy ignition of the fuel.

¶190

On the other hand, the main purpose of an ultimate analysis is to determine the elemental composition of the solid fuel substance. It deals basically with determination of Carbon, Hydrogen, Nitrogen, Oxygen and Sulfur percentage in the fuel. It is useful in determining the quantity of air required for combustion, the volume and composition of combustion gases. The calorific value of a fuel is a direct measure of the chemical energy stored in the fuel. The calorific value of fuel has dependence on carbon and hydrogen content of the fuel.

¶191

The basic energetic parameter characterizing biomass is its calorific value. The Gross Calorific Values (GCV) of the ‘Bio-mass Briquettes’ is 3790 Kcal/Kg.

¶192

Moisture is another important parameter of any biomass fuel. When utilizing biomass as fuel, the high moisture content of the biomass affects strongly the combustion process as well as the heating value such as lowering the flame temperature and/or the boiler efficiency. The low flame temperature could result incomplete combustion and/or other operational problems. Therefore it is a very important parameter, which strongly influences the economies of the utilization of biofuel. Results for moisture content shows that Biomass Briquettes has moisture content as 11.61 %.

¶193

Ash content is the fraction in biomass that is composed of

¶194

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OA No. 177/2023(CZ)

¶196

Shayam Mohan Richhariya Vs. State of M.P. & Ors.

¶197

incombustible components remained after a fuel is completely burned. However, the volatile content in fuel is a lesser- known property that depicts the fraction of the fuel that can readily volatilize (turn to gas) when heated to a high temperature. Bio-mass Briquettes contains 6.65 percentage of ash. Volatile matter fraction in Bio-mass Briquettes is 39.48%. Fixed carbon percent has direct relation with High Heating Value (HHV). Bio-mass Briquettes has 53.87% fixed carbon.

¶198

Proximate and Ultimate Analysis of Bio Briquette Fuel

¶199

Date of Sample taken -29.02.2024

¶200

*S. No.*	*Parameters Analyzed*	*Unit*	*Test Method*	*Results*
Proxima	te Analysis
1	_Ash _	%	IS 1350(Part I) 1984 RA 2019	6.65
2	Total Moisture	%	IS 1350 (Part I) 1984 RA 2019	11.61
3	Inherent Moisture	%	IS 1350 (Part I) 1984 RA 2019	3.88
4	Fixed Carbon	%	IS 1350 (Part I) 1984 RA 2019	53.87
3	Volatile matter	%	IS 1350 (Part I) 1984 RA 2019	39.48
4	Gross Calorific Value (GCV)	Kcal/ Kg	IS 1350 (Part II) 1970 RA 2017	3790
5	Silica SiO2	%	LAB/SOP	1.11
Ultimate	Analysis
5	Carbon (C)	%	IS: 1350 (Part-4/Sec-1) 1974	52.34
6	Hydrogen (H)	%	IS: 1350 (Part-4/Sec-1) 1974	2.48
7	Nitrogen (N)	%	IS: 1350 (Part-4/Sec-2) 1999	0.67
8	Sulfur (S)	%	IS: 1350 (Part-3) 1969	0.81
9	Oxygen(O)	%	IS: 1350(Part-4/Sec-1) 1974	16.94

¶201

Ash Analysis

¶202

Ash content is the fraction in biomass that is composed of incombustible mineral material. Ash is present in the biomass in the form of certain inorganic compounds like Copper, Zinc, Iron, Manganeze, Nickel etc.

¶203

The sample for ash of Bio-mass Briquettes was collected from the boiler after complete combustion under controlled conditions. The representative sample of ash was prepared and was analyzed by Central Laboratory, MPPCB. The detailed

¶204

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OA No. 177/2023(CZ)

¶206

Shayam Mohan Richhariya Vs. State of M.P. & Ors.

¶207

result of elemental parameters analyzed in ash samples is enclosed.

¶208

Report of Ash Analysis

¶209

(Bio Briquette Fuel)

¶210

Date of Sample taken -29.02.2024

¶211

*S. No.*	*Parameters* *Analysed*	*Unit*	*Test Method*	*Results*
Elementa	l Ash Analysis
1)	Iron (Fe)	mg/Kg		9723
2) 3)	Manganese (Mn) Nickel (Ni)	mg/Kg mg/Kg	3111 B APHA, 23^RDEdition, 2017	441 19.0
4)	Copper (Cu)	mg/Kg		30.1
5)	Zinc (Zn)	mg/Kg		58.0

¶212

Noise Monitoring Results, Date of Sample taken -29.02.2024

¶213

Noise level monitoring carried out in day and night time, 10 meter away from boiler. The results show that noise level is within prescribed limits of industrial area. The report is enclosed.

¶214

S. N.	Description of Sample	Date of Collection	Result in dB (A) Leq	CPCB Standard of Noise level dB (A) Leq for industrial Area
1	Noise monitoring near 10 meter away from boiler Day Time	29.02.2024	64	75
2	Noise monitoring near 10 meter away from boiler Night Time	29.02.2024	50.9	70

¶215

Observations of Inspection:-

¶216

1. M/s Bhopal Sahakari Dugdh Sangh Maryadit (Bhopal Dairy Plant) is Red Category industry as per the existing Consent to Operate under section 25 of Water Act, 1974 and under section 21 of Air Act, 1981 issued by MPPCB dated 07.02.2022 which is valid up to 31.07.2026.

¶217

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OA No. 177/2023(CZ)

¶219

Shayam Mohan Richhariya Vs. State of M.P. & Ors.

¶220

2. Unit has authorization under Hazardous & Other Wastes (Management and Transboundary Movement) Rules, 2016 which is valid upto 31.01.2027.

¶221

3. Unit has 02 boilers each of 5 Ton/Hour steam generation capacities which are operational by LPG. Unit has done agreement with HPCL for supply of commercial LPG through cylinder and latest bill of LPG supply is enclosed.

¶222

4. The unit has done Steam Purchase Agreement on 21.03.2023 with M/s Subons Solutions LLP, 306, Foundation Tower, Sector-11, CBD Belapur, Navi Mumbai for supplying steam to dairy plant by doing operation and Maintenance of 10 years solid fuel multi fuel fired Boiler on Built, Own, Operate and Transfer (BOOT) basis to be constructed at the dairy premises which will be owned by the unit but will be subsequently transferred to unit after 10 years. In this regard, M/s Bhopal Sahakari Dugdh Sangh Maryadit (Bhopal Dairy Plant) has obtained Consent to establish under section 25 of Water Act, 1974 and under section 21 of Air Act, 1981 issued by MPPCB dated 14.07.2023 for 5 Ton/Hour Steam Boiler which is valid upto 30.06.2028.

¶223

5. Unit has submitted Ash Management Plan which is enclosed.

¶224

6. M/s Subons Solutions LLP has installed the Boiler of 5 Ton/Hour as observed during the inspection on 15.01.2024. M/s Subons Solutions LLP would start operating the boiler upon obtaining Consent to operate to be issued by MPPCB. CCA Compliance Report submitted to MPPCB is enclosed.

¶225

7. Directorate of Boilers, Government of Madhya Pradesh, Bhopal has issued Provisional Order under section 9 of Boiler Act, 1923 on 01.01.2024 which is valid up to 30.06.2024.

¶226

8. As per Bhopal Non attainment City Action Plan, the installation & operation of air pollution control devices in industries and ensuring emission standard in industries are to be complied. Therefore, Boiler with adequate air

¶227

¶228

OA No. 177/2023(CZ)

¶229

Shayam Mohan Richhariya Vs. State of M.P. & Ors.

¶230

pollution control device is not against the action plan made by Madhya Pradesh Pollution Control Board. In this regard, it is decided by the joint committee that Stack monitoring of the Boiler will be carried out by CPCB and MPPCB for verifying the adequacy of APCD of the Boiler.

¶231

9. During the inspection on 15.01.2024, it was observed by the joint inspection team that the overflow of the sludge drying beds of the ETP is flowing outside the premises which is a violation of the Consent to Operate under Water Act, 1974 issued by MPPCB. The overflow of sludge drying beds measured as 25.64 litre/minute. The sample of the discharging effluent has been collected by MPPCB. The sample of the discharging effluent has been collected by MPPCB. MPPCB has issued notice vide dated 15.01.2024 to M/s Bhopal Dugdh Sangh, Dairy Plant regarding overflow of sludge drying beds of ETP from its premises. In reference to the notice dated 15/01/2024 of MPPCB, unit vide letter dated 25/01/2024 submitted the reply and informed that the points of notices are complied and photographs are submitted. The committee inspected the compliance on dated 02/02/2024, 12/02/2024 and on dated 29/02/2024 and found that the discharge is stopped and housekeeping is improved. Flow chart of Effluent Treatment Plant of the unit is enclosed.

¶232

10. The sample of the discharging effluent has been collected by MPPCB. Sample analysis report by MPPCB is enclosed. As per report the parameters of SS, BOD, COD, Oil & Grease are not under the limit as per consent.

¶233

*S. N.*	*Parameter*	*Analysis Result*	*Limit asper consent*
1.	_pH _	7.42	5.5-9.0
2.	Suspended Solid	250	100
3.	BOD	120	30
4.	COD	871.12	250
5.	Oil & Grease	12	10
6.	TDS	800	2100
7.	Chloride	119.96	1000

¶234

Note: All values are in mg/l except pH.

¶235

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OA No. 177/2023(CZ)

¶237

Shayam Mohan Richhariya Vs. State of M.P. & Ors.

¶238

11. All the effluent channels were observed open and has solid waste accumulated inside it.

¶239

12. Unit has not provided proper Stack height to the DG Set installed in the plant.

¶240

13. As per CPCB Final Document on Revised Classification of Industrial Sectors under Red, Orange, Green and White Categories (February 29, 2016), No Red category industries shall normally be permitted in the ecologically fragile area/protected area.

¶241

14. As per MoEF&CC Govt. of India, gazette notification dated 16.05.2024, for 2 ton/hour to less than 10 ton/hour capacity agro-based boiler, PM emission is prescribed as 250 mg/NM3. MPPCB has stringed the limit to 25 mg/ NM3 in its Consent to Establish issued to the unit.

¶242

15. The unit has obtained permission by Nagar Nigam Bhopal for establishment of Biomass briquettes boiler.

¶243

G. Action Taken:-

¶244

MPPCB has issued notice vide dated 15.01.2024 to M/s Bhopal Dugdh Sangh, Dairy Plant regarding the overflow of the sludge drying beds of the ETP is flowing outside the premises, improper housekeeping, waste water in drains inside premises and insufficient stack height of DG Set.

¶245

H. Recommendation:-

¶246

An interlocking system should be installed in Boiler for conserving energy, avoiding potential damage, stack emissions and excessive temperature/ pressure.

¶247

Unit shall build a covered shed to store bio-fuel as raw material.

¶248

A fire extinguishing facility should be available inside and outside this covered shed and boiler area.

¶249

Management of fly ash should be done as per the fly ash management plan. Unit shall install water sprinkling system for wetting of fly ash.

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OA No. 177/2023(CZ)

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Shayam Mohan Richhariya Vs. State of M.P. & Ors.

¶253

Unit shall maintain an emergency management plan as per the provision of the Factory Act, 1948.

¶254

Unit shall ensure connectivity of CSEMS (Continuous stack emission monitoring system)

¶255

of Bio briquettes boiler stack with environmental surveillance centre, MPPCB, Bhopal for remote surveillance.

¶256

Unit shall cover all the open effluent channels leading to ETP and shall dismantle the drain which was observed overflow of sludge drying beds of ETP outside the premises.

¶257

Unit shall maintain zero liquid discharge condition as per the Consent to Operate issued by MPPCB.

¶258

Unit shall provide proper stack (exhaust pipe) height attached to DG Set.

¶259

Unit shall comply with the rules and regulations relating to health and safety aspects of workers and the environment. An audit by an authorized safety auditor should be carried out annually.

¶260

Plant has to take permission from Central Ground Water Authority for its two bore wells located within the premises. The plant has an agreement with Water Resources Department regarding water extraction of 225 Cum/day which is valid up to 12/05/2026.

¶261

Madhya Pradesh Pollution Control Board will visit the plant in every 3 month and will keep surveillance on the use of Bio-mass Briquettes in boiler for steam generation.

¶262

Unit should ensure to comply with all the conditions as mentioned in the Consent to Establish issued by Madhya Pradesh Pollution Control Board.”

¶263

Learned counsel for the applicant has filed the objection and submitted that the conditions of environmental clearance has not been followed and that as per the ash management plan by respondent no. 6 /PP is using landfill of fly ash within the permissible premise which is dairy and food processing industry, in close proximity of Northern Railway Station.

¶264

The submission of the learned counsel for the respondent no. 6 are that the Applicant is particularly against the Tender floated by the answering Respondent No. 6 for the steam based/design, supply, installation,

¶265

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OA No. 177/2023(CZ)

¶267

Shayam Mohan Richhariya Vs. State of M.P. & Ors.

¶268

operation and maintenance for 5 MPPH Solid multi fueled fired Bio- mass boiler on built, over, operate and transfer basis for a period of 10 years for dairy plants established by the answering Respondent No.6. Needless to point out that the Tender in question to be challenged before the Tribunal is not a subject matter which can be dealt with the Tribunal but even otherwise, the same is barred by limitation as the Tender was floated on 09.01.2023 whereas, the instant Original Application has been filed in the month of November 2023 thereby any substantial question relating to environment and even a legal right relating to environment cannot be enforced after a passage of 6 months from the date of cause of action when first accrued.

¶269

It is further submitted that as a matter of fact the bio-mass briquettes are certainly compressed stubble approx and the use of same is fuel towards betterment of the environment and safeguarding the sustainable development which makes the entire case of the Applicant malicious.

¶270

Further submission of the respondent/PP are as follows :-

¶271

i. “That as a matter of fact, in India, biomass briquettes have been increasingly utilized in funeral ceremonies as an ecofriendly alternative to traditional wood-based cremations. These briquettes, typically made from agricultural waste like rice husks or sawdust, offer a sustainable solution by reducing deforestation and carbon emissions associated with wood burning. Additionally, on the contrary their use minimizes air pollution and mitigates the release of harmful chemicals into the atmosphere, thereby preserving environmental health. By opting for biomass briquettes in funeral rituals. communities contribute positively to environmental conservation efforts, aligning with sustainable practices while honoring cultural traditions.

¶272

ii. That the alternates to Biomass Briquettes being used In boiler as fuels is using oil as fuel which is in fact a pollutant.

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¶274

OA No. 177/2023(CZ)

¶275

Shayam Mohan Richhariya Vs. State of M.P. & Ors.

¶276

So, this in fact is a replacement of that pollutant and it is used because it is considerably low in Greenhouse Gas submissions compared to what oil as a fuel would yield and it is in fact a cleaner fuel and therefore, world over is now being used to replace various fuel which are higher in yield of Greenhouse Gases.

¶277

iii. That furthermore, the Applicant in its Original Application contests the validity of the Consent to Establish (CTE) and Consent to Operate (CTO) granted to Respondent No.6, who is currently operating its unit. This challenge transforms the matter into an issue for appeal rather than an appropriate subject for an Original Application. Consequently, the Original Application in question becomes redundant.”

¶278

The submission of the learned counsel for the Municipal Corporation, Bhopal are to the fact that the use of dairy products or bio-mass is a matter to be considered by the Tribunal and in-case the method of energy.

¶279

Learned counsel for the respondent/PP has further submitted that the tender in question regarding operation of Bio-Mass Briquette Based Steam Boiler was given to M/s. Subons Solutions LLP, who was granted Consent To Establish on 14.07.2023 by Madhya Pradesh Pollution Control Board. Consequently on 19.03.2024, the MPPCB has issued Consent To Operate to the Bio-Mass Briquette Based Steam Boiler after carrying out thorough inspection of the Plant and ensuring that the conditions put forth in Consent To Establish have been duly met out before issuance of Consent To Operate.

¶280

In the instant case, the upper limits for P.M. were prescribed at 25 microgram per NM³ and as per the Continuous Online Monitoring Data installed at Bio-Mass Briquette Based Steam Boiler, the current level of P.M. is somewhere below microgram per NM. It is crystal clear that the usage of Bio-Mass Briquette Based Steam Boiler is not only extensively

¶281

¶282

OA No. 177/2023(CZ)

¶283

Shayam Mohan Richhariya Vs. State of M.P. & Ors.

¶284

environmentally sound, but is also far better than the Gas based boiler. Most importantly, the emission of SOX & NOX during usage of Bio- Mass Briquette Based Steam Boiler is almost negligible as compared to Gas Based Boiler. It is also highly relevant to point out here that there has been a substantial cost reduction in switching from Gas Based Boiler to Briquette Based Boiler in addition to the reduction of environmental hazardous.

¶285

The Bio-Mass Briquette is a compressed form of agricultural waste/residue which is Carbon Neutral in comparison to LPG, which produces approximately 1660 grams Of Carbon per Kg. NGT in plethora of matters has shown concerns against Crop Residue Burning and therefore these Bio-Mass Briquettes are highly conducive towards environment and is one of the way towards promoting Green Energy (Carbon Neutral) in open market.

¶286

It is further submitted that Bio-Mass Ash is totally different from Fly-Ash. It is more of organic in nature and cannot be compared to Coal Based Fly-Ash. The average production of Bio-Mass Ash is approx. 800 Kgs. Per day and currently, the same is being stored, so that once a reasonable quantity of Bio-Mass Ash is available, the same can be used for Organic Manure and can be supplied to the farmers again. In a way, Bio-Mass Ash is recyclable in nature and one of its kind as the same has no hazardous impact in the environment/soil/ the contractor M/s. Subons Solutions LLP has even procured a Work Order from Bihar Government regarding such conversion of Bio-Mass Ash into Organic Manure, copy of which is annexed along with the written arguments for consideration of the Tribunal.

¶287

¶288

OA No. 177/2023(CZ)

¶289

Shayam Mohan Richhariya Vs. State of M.P. & Ors.

¶290

Further contention of the respondent is that BMC has also issued NOC to the respondent for establishment of bio-mass briquette based steam boiler.

¶291

During the course of hearing it is admitted fact that the briquette is permitted according to the notification issued by the MoEF&CC. Accordingly, the Learned Counsel for the Applicant has submitted that since the energy use is permitted energy and more environment friendly thus, there are no violations.

¶292

In view of the above facts, the report submitted by the Joint Committee there are no violations and thus, no further action is required by this Tribunal.

¶293

The Original Application No. 177/2023 along with I.A. No. 35/2024 stands disposed of accordingly.

¶294

Sheo Kumar Singh, JM

¶295

Dr. A Senthil Vel, EM

¶296

01^st August, 2024 O.A No. 177/2023(CZ) PN

¶297

¶298

OA No. 177/2023(CZ)

¶299

Shayam Mohan Richhariya Vs. State of M.P. & Ors.

Shyam Mohan Richhariya v. State of Madhya Pradesh through Principal Secretary Housing and Environment

Case brief

What is this about?

What did the court decide?

Shyam Mohan Richhariya v. State of Madhya Pradesh through Principal Secretary Housing and Environment

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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