The applicant failed to appear. Relying on the Gujarat Pollution Control Board's inspection report finding no violations and compliance with emissions norms, the National Green Tribunal dismissed the inquiry against the textile unit's industrial activities and disposal of effluents.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
(Pune Bench)
Item No.4
BEFORE THE NATIONAL GREEN TRIBUNAL WESTERN ZONE BENCH, PUNE
[Through Physical Hearing (with Hybrid Option)]
ORIGINAL APPLICATION NO.67 OF 2024 (WZ) (LETTER PETITION NO.31 OF 2024 (WZ)
Azad Hind Mazdoor Sena, through Its General Secretary
Applicant
Versus
Jay Narayan Textiles & Anr. Respondents
Date of hearing : 01.08.2024
CORAM: HON’BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant : None present
Respondents : Mr. Maulik Nanavati, Advocate for R-2/GPCB
ORDER
2. In compliance with our order dated 14.03.2024, passed in this matter (Letter Petition No.31 of 2024), respondent No.2 – GPCB has submitted its action taken report, which is annexed at pages 5 to 7 of the paper- book, relevant portion of which is as follows :
“(III) THE INSPECTION OF ABOVE MENTION UNIT WAS CARRIED OUT BY THE REGIONAL OFFICE, SURAT OF GUJARAT POLLUTION CONTROL BOARD WITH RESPECT TO THIS COMPLAINT OF ALL INDIA FORWARD BLOC, SURAT RECEIVED ON 26/02/2024 AND AS PER THE INSPECTION REPORT DATED: 28/02/2024 OBSERVATION/ FACTUAL DETAILS ARE AS UNDER:
[NPJ] Page 1 of 4
valid up to 24-6-2028. During visit unit is found in operation and Dyeing of Grey cloth & Heat Setting of Embroidery Fabrics activity is going on.
RO Comments/Reply :Based on IR and AR, no violations are noticed as mentioned in complaint
[Copy of Inspection Report is annexed herewith and marked as “Annexure – B”]
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ANALYSIS RESULTS OF COLLECTED
SAMPLES
| Final ou |
tlet of industry |
|
|---|---|---|
| Parameters | Resul | Norm |
| ts | s | |
| pH | 6.77 | 6.5 to 8.5 |
| Colour | 40 | 100 |
| Total Dissolved Solids | (TDS) 1802 |
2100 |
| Suspended Solids | (SS) 84 |
100 |
| Chloride | 445 | 600 |
| Chemical Oxygen De (COD) |
mand 92 |
100 |
| Biological Oxygen De (BOD) |
mand 24 |
30 |
| ****All the paramete _and Colour _ |
rs in mg/L exce | pt pH |
| Stack attached APCM |
with Boiler thr | ough |
| Parameters | Results N |
orms |
| PM (Particulate Matter) |
89 mg/NM3 mg |
150 /NM3 |
| SO2 | 12.52 PPM 10 |
0 PPM |
| NOx | 7.46 PPM 50 |
PPM |
[Copy of Analysis Reports are annexed herewith and marked as “Annexure – C”]
CONCLUSION:
Looking at the representations of the complainer and inspection report as well as collected samples analysis reports, no violation/non-compliance observed as per the content of the complainer and unit is found in compliance of CCA issued by this Board.
The Board has published Gazetted Notifications for the use of solid fuels in industrial utilities, and the fire wood was included in the list of approved fuels. The copy of Gazetted Notification published by the Board are annexed herewith and marked as “ “Annexure – D”.
[NPJ] Page 3 of 4
Dinesh Kumar Singh, JM
Dr. Vijay Kulkarni, EM
August 01, 2024 O.A. No.67/2024(WZ) npj
[NPJ] Page 4 of 4
2 issues framed by the court
Whether the applicant is entitled to relieve the respondent from environmental compliance actions given the GPCB inspection report.
Whether the use of wood as fuel in a steam boiler constitutes a violation under the applicable Common Cause Analysis.
Azad Hind Mazdoor Sena
Jay Narayan Textiles & Anr.
Dinesh Kumar Singh
Vijay Kulkarni
As recorded by the court registry
An original application before a tribunal, most commonly a service dispute before the Central or a State Administrative Tribunal.
Judgements on the same questions, provisions and authorities, from every court
