Disposed

Misc Application in disposed of cases No. 70/2025 in Original Application No. 784/2024 of Digambar Prasad vs

NGT8 Aug 2025Misc Application in disposed of cases No. 70/2025 in Original Application No. 784/2024

Case brief

AI extract

What is this about?

The NGT directed a High-Powered Committee to constitute regulatory measures for pollution control, sewage treatment, and hazardous waste disposal at the closed IDPL Rishikesh plant premises, ensuring compliance with environmental norms and preventing discharge into the Ganga River.

What did the court decide?

Constitution of High-Powered Committee to ensure regular STP operation, dispose of fire ash and hazardous waste per statutory rules, and manage stored materials within three months.

Misc Application in disposed of cases No. 70/2025 in… — Environment and Pollution | NGT (2025)

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Item No. 01

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Court No. 2

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Misc Application in Disposed of Cases No. 70/2025

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Original Application No. 784/2024

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1. Digambar Prasad Resident of IDPL, Rishikesh Mob:- 8077506951 … Applicant

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VERSUS

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1. State of Uttarakhand Through District Magistrate, Dehradun 15-17, Nardev Shastri Marg, Race Course Dehradun, Uttarakhand-248001 Email: [email protected] /[email protected]

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2. Uttarakhand Pollution Control Board (UKPСВ ) Through Member Secretary 94, Haridwar Road, Saket Colony Dharampure, Haridwar Road, Nehru Colony, Saket Colony, Dharampure Dehradun, Uttarakhand-248001 Email: [email protected]

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3. Central Pollution Control Board

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Through its Member Secretary Parivesh Bhawan East Arjun Nagar, Delhi-110032 Email: [email protected]

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4. Director, Department of Drugs and Pharmaceuticals Government of India

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Room No. 340B, A-Wing, 3rd Floor Shastri Bhawan, New Delhi-110001 Email: [email protected]/ [email protected] ...Respondents

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Order Reserved : 06.08.2025 Date of Pronouncement : 08.08.2025

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CORAM: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Applicant: None for the Applicant.

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M.A. 70/2025 in Digambar Prasad Vs. O.A. No. 784/2024 State of Uttarakhand & Ors.

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Respondents: Mr. Rajeev Acharya, DGC (Civil), Dehradun, Uttarakhand for Respondent no.1.

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Mr. Kamal Kumar Pandey Proxy Counsel for Mr. Mukesh Kumar Verma, Advocate for Respondent no. 2. Mr. Mohit Singhal, Advocate for Respondent no. 3.

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Mr. Akhilesh Kumar Singh, Advocate for Respondent no.4.

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ORDER

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The applicant- Digambar Prasad had sent a letter petition vide email dated 21.10.2023 which was treated and registered as O.A. No. 784/2024 for exercise of suo-motu jurisdiction.

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The applicant raised the grievance that IDPL is lying closed since long. Since its rehabilitation and resumption could not be successful despite several efforts, now the plant is under dismantling/demolition process. The plant is emitting poisonous gases having toxic effects due to chemicals and antibiotics affecting fertility of agriculture land. Presence of radioactive substances, injurious to the ecology, is also posing health hazards to local people.

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The relevant part of the letter petition enumerating the grievances of the applicant is reproduced as under:-

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“ Subject: आई०डी०पी०एल० ऋषिकेश, कारखाने के ध्वस्तीकरण से होने वाले दुष्पररणाम के संबंध में

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X X X X

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आज मैं आपसे एक गहरी च िंता के साथ चिख रहा हूँ चजसके चिए आपका तत्पर ध्यान और चि ारी चियाििी की जरूरत है। इसका मुद्दा है उत्तराखिंड के िीर भद्र, ऋचिकेश, देहरादून चजिे में स्थित आईडीपीएि फामाास्यूचिकि प्ां की बिंदी और ि रही ध्वस्तीकरण से होने ि िािे पयाािरणीय प्रभािोिं का मुद्दा है चक उत्तराखिंड राज्य के िीरभद्र, ऋचिकेश, देहरादून चजिे में स्थित आई०डी०पी०एि० कारखाना, जो कई ििों से बिंद है, का स्थिचत सामाचजक और पयाािरणीय दृचि से गहरे सिंबिंधोिं का मुद्दा बन गया है। सरकार ने कई बार कोचशश की है चक इसे पुनः सचिय चकया जाए, परिंतु अब तक यह कारखाना पुनचनामााण के प्रयास में असफि रहा है। ितामान में इस कारखाने के ध्वस्तीकरण से होने िािे दुष्पररणामोिं के बारे में हमें सुच त करना आिश्यक है, जो आपसी समझ और सहयोग के चिए आपकी आिश्यकता है।

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एिंिीबायोचिक चनमााण में रसायनोिं का दुरुपयोगः आई०डी०पी०एि० कारखाने के सिं ािन के ििों में एिंिीबायोचिक चनमााण में चिचभन्न रसायनोिं का अव्यिस्थित उपयोग पयाािरण के चिए

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M.A. 70/2025 in Digambar Prasad Vs. O.A. No. 784/2024 State of Uttarakhand & Ors.

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एक बडा खतरा पैदा करता है। इससे गिंगा नदी के जि का दूचित होने की सिंभािना है, चजससे िन्यजीि तथा मानि स्वास्थ्य को भी खतरा हो सकता है।

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गैसों का सतत षवसर्जनः कारखाने की बिंदी के बािजूद, गैसोिं का सतत चिसजान हो रहा है, जो िायु प्रदूिण में योगदान कर रहा है और यह िानीय िन्यजीिोिं और मानि जीिन के स्वास्थ्य के चिए भी खतरा पैदा कर सकता है।

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रेषडयोऐक्टिव सामग्ीः कारखाने में रेचडयधमी सामग्री के मौजूद होने से यह स्थिचत और भी जचिि हो रही है, चजससे क्षेत्र के जीिोिं पर ही नहीिं बस्थि चहमािय और प्राकृचतक सिंसाधनोिं पर भी नकारात्मक प्रभाि हो सकता है।

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भूषम उवजरा शक्टि पर प्रभावः कारखाने की खुदाई प्रचिया भूचम उिारा शस्थि पर भी असर डाि सकती है और रासायचनक ििणोिं के बहाि और िन और पशु-पचक्षयोिं के जीिन पर चदक्कतें उत्पन्न कर सकती हैं।

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बुढापे के लोगों को होने वाला प्रभावः कारखाने के ध्वस्तीकरण से पैदा होने िािे िायु प्रदूिण, अचनयचमत जि चिसजान, और ध्वस्त भूचम से बुढापे के िोगोिं के स्वास्थ्य पर नकारात्मक प्रभाि हो सकता है। इससे उन्हें श्वास सिंबिंचधत समस्याएिं, दबाि, और अन्य स्वास्थ्य समस्याएिं हो सकती हैं।

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1 महीने से 5 विज के बच्ों को होने वाला प्रभावः इस ध्वस्तीकरण से पैदा होने िािे िायु प्रदूिण, जि सिंकि, और ध्वस्त भूचम से, चिशेिकर 1 महीने से 5 ििा के बच्ोिं तक के चशशुओिं पर असर कर सकता है। इसके पररणामस्वरूप, इन छोिे बच्ोिं को चफचजकि और मानचसक स्वास्थ्य में समस्याएिं हो सकती हैं, जो उनके समृस्थि में बाधा डाि सकती हैं।

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मषहलाओं और बच्ों की सुरक्षा में भंगः ध्वस्त कारखाने से चनकिने िािे प्रदूिण और चििैिे पदाथों से मचहिाएिं और बच्े ज्यादा प्रभाचित हो सकते हैं। चिशेिकर मचहिाओिं के गभािती होने पर और छोिे बच्ोिं पर इसका असर ज्यादा हो सकता है, चजससे उनका स्वास्थ्य खतरे में पड सकता है।

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स्थानीय र्ीवों और वन्यर्ीवों पर प्रभावः ध्वस्त कारखाने के प्रदूिण से िानीय जीिोिं, पौधोिं, और िन्यजीिोिं को सीधे प्रभाचित हो सकता है। इसके कारण िानीय जीिोिं की प्रजाचतयािं अस्थस् त से चमि सकती हैं और बायोडाइिचसािी को खतरे में डाि सकता है।

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र्लवायु पररवतजन में योगदानः ध्वस्तीकरण के कारण उत्पन्न होने िािे चििैिे गैसोिं और अन्य प्रदूिण जििायु पररितान में भी योगदान कर सकते हैं, चजससे औसत तापमान में बढोतरी हो सकती है और जििायु पररितान के असर को मजबूती से महसूस चकया जा सकता है।

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प्रदूिण की व्यापक चरम षदक्कतेंः अत्यचधक प्रदूिण िािे क्षेत्रोिं में व्यापक रम चदक्कतें हो सकती हैं जैसे चक जि, िायु, और भूचम प्रदूिण, जो आगे बढने पर समुद्र स्तर में बढोतरी और बृज तथा सडक सिंर नाओिं में हाचन डाि सकती हैं।

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हम आपसे आग्रह करते हैं चक इस महत्वपूणा मुद्दे पर आप चि ार करें और इस पर स्थिचत को सुधारने के चिए आिश्यक कदम उठाएिं। हम सभी को एक स्वि और सुरचक्षत पयाािरण की चदशा में आपके सकारात्मक कदमोिं की प्रतीक्षा है। ”

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M.A. 70/2025 in Digambar Prasad Vs. O.A. No. 784/2024 State of Uttarakhand & Ors.

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The English translation of the relevant part of the letter petition by

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the Registry reads as under:-

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“ Subject: Regarding the adverse effects caused by the demolition of IDPL Rishikesh factory.

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X X X X I am writing to you today with a deep concern that demands your prompt attention and thoughtful action. The issue is the environmental impacts of the closure and ongoing demolition of the IDPL pharmaceutical plant located in Virbhadra, Rishikesh, Dehradun district of Uttarakhand. The condition of the IDPL factory located in Virbhadra, Rishikesh, Dehradun District of the State of Uttarakhand, which has been closed for many years, has become an issue of deep concern from social and environmental perspectives. The government has tried several times to reactivate it, but so far, the factory has failed in its efforts to rebuild. At present, it is necessary to inform us about the adverse effects of the demolition of this factory, which requires your mutual understanding and cooperation.

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Misuse of chemicals in antibiotic manufacturing: The disorderly use of various chemicals in antibiotic manufacturing over the years of operation of the IDPL factory poses a major threat to the environment. This is likely to contaminate the water of the Ganga River, which may also pose a threat to wildlife and human health.

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Continuous release of gases: Despite the closure of the factory, gases are being continuously released, which is contributing to air pollution and can also pose a threat to the health of local wildlife and human life.

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Radioactive material: The situation is further complicated by the presence of radioactive material in the factory, which can have a negative impact not only on the fauna of the region but also on the Himalayas and natural resources.

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Impact on Soil Fertility: The excavation process of the factory can also affect the soil fertility and cause chemical salt runoff and disturbance to forest and animal life.

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Effects on the elderly people: Air pollution caused by factory demolition, unregulated water discharge, and devastated land can have a negative impact on the health of elderly people. This can lead to respiratory problems, stress, and other health problems.

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Impact on children aged 1 month to 5 years: The air pollution, water scarcity, and destroyed land caused by this demolition can particularly affect children aged 1 month to 5

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M.A. 70/2025 in Digambar Prasad Vs. O.A. No. 784/2024 State of Uttarakhand & Ors.

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years. As a result, these young children may suffer physical and mental health problems, which can hinder their prosperity.

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Breach of safety of women and children: Women and children may be more affected by the pollution and toxic substances released from the demolished factory. Pregnant women and young children may be particularly affected by this, which may put their health at risk.

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Effects on local fauna and wildlife: Pollution from the demolished factory can directly affect local fauna, plants, and wildlife. This can lead to extinction of local species and threaten biodiversity.

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Contribution to climate change: Toxic gases and other pollution caused by demolition can also contribute to climate change, leading to an increase in average temperatures and making the effects of climate change more strongly felt.

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Widespread extremes of pollution: Areas with high pollution levels can have wide-spread extremes such as water, air, and land pollution, which in turn can lead to sea level rise and damage to bridges and road infrastructure.

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We urge you to consider this important issue and take necessary steps to improve the situation. We all await your positive steps towards a healthy and safe environment.”

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This Tribunal disposed of the application vide order dated 07.08.2024 by constituting a Joint Committee comprising District Magistrate, Dehradun, Uttarakhand State Pollution Control Board, Central Pollution Control Board and representative of Department of Drugs and Pharmaceuticals, Government of India with direction to visit the site, collect relevant information and to take punitive, preventive, prohibitive and remedial action in accordance with law if it found violation of environmental laws in any manner and submit a compliance Report within three months before Registrar General of this Tribunal who was given liberty to place the matter before the Bench concerned if any further orders were required.

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In compliance thereof, action taken report dated 02.04.2025 has been filed by CPCB.

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M.A. 70/2025 in Digambar Prasad Vs. O.A. No. 784/2024 State of Uttarakhand & Ors.

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Considering further orders to be necessary, the matter has been listed by the Registry before the Bench.

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Vide order dated 26.05.2025 (1) State of Uttarakhand through the District Magistrate, Dehradun; (2) State Pollution Control Board through Member Secretary; (3) Central Pollution Control Board through Member Secretary and (4) Director, Department of Drugs and Pharmaceuticals, Government of India were impleaded as Respondents No. 1 to 4 and notices were ordered to be issued to respondents no. 1 to 4 requiring them to file their reports within one month.

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Reply dated 01.08.2025 has been filed by Respondent No.3-CPCB. Reply dated 02.08.2025 has been filed by Respondent No.2- UKPCB. Reply dated 05.08.2025 has been filed by Respondent No.4-Director, Department of Drugs and Pharmaceuticals, Government of India.

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In its reply respondent no. 3-CPCB has referred to the Joint Committee Report dated 02.04.2025 and submitted that the averments made in the application have been covered in the report which is a matter of record and respondent no. 3 will abide by the orders/directions of this Tribunal.

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In its reply respondent no.4- Director, Department of Drugs and Pharmaceuticals, Government of India has referred to the Joint Committee report and submitted that work order to complete the work with documents has been handed over to the Forest Department. The relevant part of the reply filed by respondent no. 4 is reproduced below:-

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“ REPORT ON BEHALF OF THE RESPONDENT NO. 4 X X X X

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2. That as per direction given by this Hon’ble Tribunal vide its Order dated 26.05.2024, the present Respondent No. 4 has to file the report in respect of allegations made by the applicant/

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M.A. 70/2025 in Digambar Prasad Vs. O.A. No. 784/2024 State of Uttarakhand & Ors.

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petitioner highlighted in order passed by this Hon’ble Tribunal on 07.08.2024 specifying in para nos. 2 and 3.

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3. That as per direction of this Hon’ble Tribunal as per para no. 5 a joined committee comprising of Shri Savin Bansal, IAS, District Magistrate, Dehradun, Shri Jai Bharat Singh, Additional District Magistrate, Dehradun, Ms. Smita Parmar, Sub District Magistrate, Rishikesh, Dehradun, Shri Ashutosh Kumar, Assistant Professor, Department of Pharmaceuticals (Department of Pharmacology and Toxicology), National Institute of Pharmaceuticals Education and Research (NIPER), SAS Nagar, Ms. Reema was constituted.

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4. That the Committee has visited the spot and prepared an inspection report after deep inspection and accordingly prepared inspection report which is submitted before this Hon’ble Tribunal.

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5. That the present Respondent has fully complied with the norms as directed by this Hon’ble Tribunal and now ready to comply any further direction/ order passed by this Hon’ble Tribunal. There is no violation of pollution laws and all the norms have been adopted as per law.

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6. That the spot/ premise is now under the Forest Department. The Respondent No. 4 has tried his best and gave work order to complete the work regarding which all the documents have been handed over to the joint committee constituted as per direction of this Hon’ble Tribunal.

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7. That the present Respondent No. 4 shall be obliged any complied all the directions/ orders given by this Hon’ble Tribunal, if required.”

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Despite sufficient opportunity having been granted, no response has been filed by respondent no. 1- State of Uttarakhand represented by the District Magistrate, Dehradun.

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Adjournment is sought by Mr. Rajeev Acharya, DGC (Civil), Dehradun for filing of response but no sufficient ground for adjournment is made out and adjournment is declined.

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We have heard learned Counsel for the parties and gone through the material on record carefully.

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In the present case this Tribunal had constituted a Joint Committee comprising District Magistrate, Dehradun, Uttarakhand State Pollution Control Board, Central Pollution Control Board and representative of

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M.A. 70/2025 in Digambar Prasad Vs. O.A. No. 784/2024 State of Uttarakhand & Ors.

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Department of Drugs of Pharmaceuticals Government of India and directed the same to visit the site, collect relevant information and if it found that disposal of antibiotics and other chemicals pharmaceuticals etc., are not in accordance with Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 and Solid Waste Management Rules, 2016,then to take appropriate remedial, punitive and preventive action in accordance with law within three months. CPCB was made the Nodal Agency for coordination and compliance.

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The Joint Committee inspected the site on 12.12.2024 and submitted report dated 02.04.2025 before this Tribunal vide email dated 07.04.2025. The relevant part of the report is reproduced below:-

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“ INSPECTION REPORT IN COMPLIANCE TO HON’BLE NATIONAL GREEN TRIBUNAL (NGT) ORDER DATED 07.08.2024 IN ORIGINAL APPLICATION NO. 784/2024 IN THE MATTER OF DIGAMBAR PRASAD VS STATE OF UTTARAKHAND

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2.1. ISSUES HIGHLIGHTED IN OA NO. 784/2024

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In the petition, it is mentioned that M/s Indian Drugs and Pharmaceutical Limited (IDPL), Rishikesh, Dehradun, Uttarakhand is lying closed since long and its rehabilitation & resumption could not be successful despite several efforts. Currently, the plant is undergoing a dismantling/demolition process. The petition highlights the following issues:

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a. It is emitting poisonous gases having toxic effects due to chemicals and antibiotics affecting fertility of agriculture land b. There is presence of radioactive substances which is also injurious to the ecology, and in totality, causing health hazards to local people.

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c. The matter may be looked into by the local authorities and Statutory Regulator to verify the status of the discharge of antibiotics and other chemicals in the course of demolition/dismantling of the unit so far, in accordance with the environmental law. If any violation of environmental laws in discharge of such material observed, local authorities and Statutory Regulator would take appropriate remedial action in accordance with law.

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3. COMPLIANCE REPORT

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In compliance of Hon'ble NGT order dated 07.08.2024 and to verify the factual status of the aforementioned issues, a joint committee

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M.A. 70/2025 in Digambar Prasad Vs. O.A. No. 784/2024 State of Uttarakhand & Ors.

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comprising of Shri Savin Bansal, IAS, District Magistrate, Dehradun, Shri Jai Bharat Singh, Additional District Magistrate, Dehradun, Ms. Smrita Parmar, Sub District Magistrate, Rishikesh, Dehradun, Shri Ashutosh Kumar, Assistant Professor, Department of Pharmaceuticals (Department of Pharmacology & Toxicology, National Institute of Pharmaceutical Education & Research (NIPER) S.A.S. Nagar), Ms. Reena Satavan, Scientist E', Central Pollution Control Board (CPCB), Delhi, Dr. R. K. Singh, Scientist 'D', CPCB, Delhi and Ms. Sristi, Scientific Assistant, Regional Office-Dehradun, Uttarakhand Pollution Control Board (UKPCB) carried out inspection of M/s Indian Drugs and Pharmaceutical Limited (IDPL). Rishikesh, Dehradun, Uttarakhand on surprise basis on 12th December, 2024. The joint committee carried out following activities:

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a. Interaction with the complainant, Mr. Rachpal Singh, in the matter of O.A. No. 784/2024;

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b. Site visit of M/s IDPL., Rishikesh (Uttarakhand):

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✓ Assessment of groundwater quality by collecting sample from borewell;

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✓ Collection of sample from Sewage Treatment Plant (STP) for compliance verification

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c. Visit to fire incident site as per interaction with the complainant d. Collection of information about disposal of antibiotics & other chemicals pharmaceuticals and verification in accordance with the Biomedical Waste Management Rules, 2016 and the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016; and

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3.1. INTERACTION WITH THE COMPLAINANT IN OA ΝΟ. 784/2024

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The joint committee visited IDPL, Rishikesh on December 12, 2024 and interacted with the complainant, Mr. Rachpal Singh, a resident of IDPL colony, Rishikesh. Other than complainant, few other residents of IDPL, colony were also present at the time of visit. During the interaction, the complainant provided the following information:

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a. Hazardous waste was stored within the Unit's premises (geographical coordinates-30.069452, 78.256144) and a fire incident occurred at this storage site on June 18, 2024.

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b. The complainant highlighted the potential impact of emissions from IDPL, Rishikesh on the fertility of nearby agricultural land. He attributed this to the release of toxic gases, chemicals, and antibiotics. However, no specific details or evidence regarding the agricultural land affected near the IDPL plant were provided.

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c. When asked about the alleged radioactive effects mentioned in the complaint, Mr. Rachpal Singh emphasized that some medicines might have radioactive effects, which could pose health risks to local residents and negatively impact the surrounding ecology. In

M.A. 70/2025 in

Digambar Prasad Vs.

response, the unit representative clarified that since 1996, the plant had functioned solely as a formulation unit, which ceased operations in 2019. They further explained that formulation processes do not involve any activity which may cause radioactive pollution in any way.

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To address the concerns raised by the complainant and to assess the potential environmental and health hazards associated with the disposal of biomedical waste (i.e., antibiotics & other chemicals pharmaceuticals) by IDPL, Rishikesh, the joint committee conducted the site visit, ground water sample collection from the borewell for assessment of groundwater quality & to assess the extent of subsurface groundwater contamination (if any), sample collection from Sewage Treatment Plant (STP) for compliance verification and also carried out visit of the site where fire incident happened on 18.06.2024. Details about the same are placed in the relevant sections.

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The map showing IDPL township in Rishikesh along with locations of fire incident site (located inside of the Unit’s premises), STP and borewell are shown in Map 1.

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Map 1 IDPL township in Rishikesh along with locations of fire incident site, STP and borewell

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3.2. DETAILS OF SITE VISIT

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a. No ongoing manufacturing operations were observed during the visit and as per the information received from the unit representative, the production activities were completely shut down since October, 2019,

M.A. 70/2025 in

Digambar Prasad Vs.

b. The unit representative submitted the following information regarding the IDPL Rishikesh i.e., comprehensive chronology of events from 1997 to 2024 (copy placed at Annexure-II)

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OPERATIONAL HISTORY AND CLOSURE OF PLANT:

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i The Active Pharmaceutical Ingredient (API) plant was closed in 1996 (Figure 1). Since then, only the formulation plant was operational. The formulation manufacturing facilities produced approximately 50 formulations of across a wide therapeutic range under Schedule-M parameters. Two out of four sections (general tablet section & non-beta lactum section) were revived with WHO-GMP compliance, and production continued until 2019.

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ii The Union Cabinet declared the company closed on December 28, 2016, and production at the formulation plant stopped in October 2019. Last batch was packed in August, 2019 and dispatched to Ministry of Health and Family Welfare in October, 2019.

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POST-CLOSURE DEVELOPMENTS:

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i Following the plant's closure, a letter was issued by the Joint Secretary, Department of Pharmaceuticals, Ministry of Chemicals and Fertilizers, Government of India, to the Secretary (Tourism), Government of Uttarakhand, regarding the transfer of IDPL Rishikesh land to the Uttarakhand Government. In subsequent meetings, it was decided that the land would be transferred on an "as-is-where-is" basis.

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ii The lease period for the IDPL land expired on November 28, 2021. The Forest Department of Uttarakhand sealed the plant, fire station, and guest house on September 1, 2023, and took possession of these premises. Other facilities, including the administration block, water intake plant, water purification plant (WPP), and biological treatment plant (BTP), were sealed on September 22, 2023. Electricity supply (from Sub Station DS-II) to the plant and township was also disconnected by Uttarakhand Power Corporation Limited (UPCL).

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iii The Hon'ble High Court of Uttarakhand, Nainital issued orders on September 29, 2023, to ensure basic amenities such as electricity, water, and sewage treatment. Facilities providing these amenities were reopened temporarily by the Forest Department for compliance. On March 19, 2024, the administration block was reopened to facilitate the transfer of records to IDPL, Gurugram. The possession of the block was retaken by the Forest Department on May 11, 2024. iv A major fire broke out within the plant premises on June 18, 2024, and was extinguished by forest personnel.

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STATUTORY REQUIREMENTS

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i Previous Consolidated Consent under the Water (Prevention & Control of Pollution) Act, 1974 & the Air (Prevention & Control of Pollution) Act, 1981 and Authorization under Hazardous and Other Waste (Management and Transboundary Movement)

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M.A. 70/2025 in Digambar Prasad Vs. O.A. No. 784/2024 State of Uttarakhand & Ors.

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Rules, 2016 was valid up to 31.03.2023. Copy of CCA is placed at Annexure-III.

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✓ Consolidated Consent under the Water (Prevention & Control of Pollution) Act, 1974 was valid for manufacturing of Capsules-50 Million nos./Month & Tablets-80 Million Nos./month and for discharge of 0.8 KLD of treated industrial effluent and 4000 KLD of treated sewage. ✓ Consolidated Consent under the Air (Prevention & Control of Pollution) Act, 1981 was valid for stack attached to a D.G. set of 380 KVA capacity.

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✓ Authorization under Hazardous and Other Waste (Management and Transboundary Movement) Rules, 2016 was granted for generation, collection and storage of hazardous waste within factory premises for following category of wastes:

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*Sr.* *No.*	*Category (Schedule-I* */Schedule-II)*	*Quantity of waste* *for* *which* *authorization* *issued (MTA)*	*Mode* of *Disposal*
1.	Schedule I – 28.4 (Off Specifications Products)	0.300	Recyclable
2.	Schedule I – 28.5 (Date Expired products)	0.500	Recyclable
3.	Schedule I – 35.3 (ETP sludge)	2.00	Secure Landfill
4.	Schedule I – 5.1 (Used oil)	7.2	Recyclable

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c. Documents related to biomedical waste (i.e., expired tablets/capsules/injections/ syrups/ creams/ pouches) transportation and final disposal were provided. The last stock of raw materials is sealed inside the central store and now under the Forest Department’s possession.

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3.2.1 ASSESSMENT OF GROUNDWATER QUALITY

¶141

As informed during visit, the IDPL township is comprises of 2,700 residential quarters and currently approximately 1,200 families are residing there.

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For fresh water requirement of IDPL township, the unit has one operational borewell (geographical coordinates-30.086286, 78.266865) which is located at @0.5 km away from the plant. The fresh/ground water abstracted from the borewell is first stored in a tank with a capacity of 150,000 litres and supplied to the township through an underground pipeline system.

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M.A. 70/2025 in Digambar Prasad Vs. O.A. No. 784/2024 State of Uttarakhand & Ors.

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¶145

As per information received from the unit representative of IDPL, Rishikesh, this borewell was commissioned in 1960s and at that time such licensing/compliance was not required. Hence, they do not have any information regarding the same (i.e., valid NOC from CGWA/SGWA).

¶146

A groundwater sample was collected and submitted at the CPCB laboratory for analysis of the groundwater quality and assess the extent of sub-surface groundwater contamination, if any. The laboratory analysis results are tabulated below:

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*S. no.*	*Parameter*	*Value*	*Drinking Water-* *Specification* *IS 10500:2012* *(Permissible limit)*
1.	pH	7	6.5-8.5
2.	C Colour(Hazen)	BDL	15
3.	COD(mg/L)	BDL	-
4.	Total alkalinity (mg/L)	121	600
5.	Total hardness(mg/L)	109	600
6.	TDS(mg/L)	218	2000
7.	NO3-N(mg/L)	0.98	45
8.	Fluoride(mg/L)	0.21	1.5
9.	Chloride(mg/L)	8	1000
10.	Sulphate (mg/L)	28	400

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As per the analysis result of sample collected from the

¶149

borewell, it is meeting the drinking water standards (IS 10500:2012).

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3.2.2 SEWAGE TREATMENT PLANT

¶151

• The plant had a Biological Treatment Plant (BTP) with treatment capacity of 14000 m³ /day i.e., 14 MLD for treatment of sewage as well as industrial effluent generating from the manufacturing operations.

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• As informed, after shut down of manufacturing process in 2019, this BTP was repurposed as a Sewage Treatment Plant (STP) to treat sewage generated from the residential quarters ( Figure 3 ).

¶153

• As reported by Unit’s representative, presently, there are approximately 1200 families living in the IDPL township, Rishikesh. The estimated sewage generation is approximately 0.39 MLD.

¶154

• STP was visited by the joint committee and following observations were made:

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i. STP is based on Activated Sludge Process and its treatment scheme involves: Inlet → Screens → Sand Trap → Primary Settling Tank → Aeration Tank → Secondary Settling Tank → Chlorine Contact Tank → Outlet.

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ii On the day of visit, the STP was found non-operational due to electricity disconnection. At inlet channel of STP, no waste water

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M.A. 70/2025 in Digambar Prasad Vs. O.A. No. 784/2024 State of Uttarakhand & Ors.

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¶159

flow was observed. Stagnant wastewater was observed in the treatment units of the STP, hence to verify the characteristics of the wastewater stored in the STP, a sample was collected from chlorine contact tank and submitted to the CPCB laboratory for analysis.

¶160

iii Logbook data of STP was provided from 19.08.2024 to 23.11.2024 and as informed by the STP operator during visit, the electricity supply to the STP was disconnected by the electricity department since then i.e., last week of November, 2024. As per the logbook data submitted, the sewage received at the STP was approximately 1 MLD.

¶161

iv As informed, treated sewage of STP is discharged into IDPL drain, however on the day of visit the final outlet channel of STP was found dry and no flow of treated sewage/no discharge into the recipient water body/drain was observed.

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v. The laboratory analysis results of sample collected from chlorine contact tank are tabulated below:

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*Sr.*	*Parameter*	*Value*
*No.*
1.	pH	8.8
2.	Color (Hazen)	BDL
3.	COD (mg/l)	90
4.	BOD (mg/l)	16
5.	TSS (mg/l)	37
6.	NO2-N (mg/l)	BDL
7.	NO3-N (mg/l)	2.46
8.	SO^2-(mg/l)	2
9.	Total Phosphorus (mg/l)	1.09

¶164

As per the analysis result of sample collected from chlorine contact tank of STP, the values are showing BOD-16 mg/l and COD-90 mg/l, which is not indicating typical sewage characteristics, thus it can be concluded that the sewage generated from the IDPL township is not being treated in STP. Therefore, the possibility of discharge of untreated sewage into the recipient water body cannot be ruled out.

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3.2. VISIT TO THE FIRE INCIDENT SITE AS PER INTERACTION

¶166

WITH THE COMPLAINANT

¶167

As per the information received from the complainant during interaction, a fire incident was happened on 18.06.2024 at biomedical waste storage site, located within the plant premises (geographical coordinates-30.069452, 78.256144). The joint

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M.A. 70/2025 in Digambar Prasad Vs. O.A. No. 784/2024 State of Uttarakhand & Ors.

¶169

¶170

committee visited this site where the fire incident occurred ( Figure 2 ).

¶171

It was observed that approximately 25-30 kg of ash, 20-25 kg of half burnt empty medicine strip/rolls and significant number of empty medical vials scattered on approximately 70-80 sq. meter of area. It was informed by the unit representative that, only empty medicine strips/rolls and some empty medical vials were stored at that site and due to temperature variations, the fire incident happened on 18.06.2024.

¶172

During visit, sample of empty medicine strip (01 no.) was collected and submitted to laboratory at National Institute of Pharmaceutical Education & Research (NIPER) S.A.S. Nagar, Mohali (Punjab) for analysis of Active Pharmaceutical Ingredient (API).

¶173

These collected medicine strips during the visit were labelled as i. MALA-D and ii. Losartan (25mg). LC-ESI QTOF Mass Spectroscopy was used for analysis of the presence of peaks corresponding to losartan, levonorgestrel, or ethinyl estradiol components in the samples prepared from these specimens. As per the analysis results, there were no APIs present in the collected strips. (Detailed analysis report is placed at AnnexureIV ).

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3.3. DISPOSAL OF ANTIBIOTICS & OTHER CHEMICALS

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PHARMACEUTICALS

¶176

The joint committee visited the Unit’s premise to assess, if the disposal of hazardous waste/biomedical waste is in accordance with the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 and the Biomedical Waste Management Rules, 2016 or not. During visit, following were observed:

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a. A significant quantity of packaging material was stored inside a building within the Unit’s premises ( Figure 4 ).

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b. The warehouse and stores were sealed and as informed by IDPL representatives were used to house the formulations/raw materials when IDPL was operational.

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c. The medicine storage area and packing & filling points were found in closed condition ( Figure 5 ).

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d. The unit has submitted a letter dated 05.04.2024, for confirmation of transfer of approximately 70 MT of expired medicines/drugs from IDPL, Rishikesh plant to IDPL, Gurgaon plant for its final disposal in accordance to the Biomedical Waste Management Rules, 2016. Copy of letter placed at Annexure-V .

¶181

✓ For Collection, Transport, Treatment and Disposal of approximately 70 MT of expired medicines/drugs, the unit awarded the work to M/s Synergy Waste Management (P) Ltd., Hisar, Haryana (a waste management company) vide their letter dated 19.09.2024. Copy of award of work submitted by the unit, placed at Annexure-VI .

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✓ M/s Synergy Waste Management (P) Ltd., Hisar, Haryana is an occupier/operator of a facility located at Plot No. 168, Sector-2728, HUDA Industrial Area, Hisar and has obtained valid authorization under the Bio medical waste management Rules, 2016 from Haryana State Pollution Control Board (HSPCB), which is valid from 01.04.2021 to 30.09.2025. Copy of valid

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M.A. 70/2025 in Digambar Prasad Vs. O.A. No. 784/2024 State of Uttarakhand & Ors.

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authorization under the Biomedical Waste Management Rules, 2016 is placed at Annexure-VII .

¶186

✓ M/s Synergy Waste Management (P) Ltd., Hisar, Haryana provided disposal certificate i.e., approximately 70 MT of expired medicines/drugs received from M/s IDPL (in Oct-2024 & Nov2024) was incinerated/autoclaved/shredded and disposed off during Oct-2024 & Nov-2024, in accordance with the Bio medical waste management Rules, 2016. Copy of the provided disposal certificates is placed at Annexure-VIII .

¶187

In view of the documents submitted by the unit, disposal of biomedical waste i.e., approximately 70 MT of expired medicines/drugs, found in accordance with the Biomedical Waste Management Rules, 2016.

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4. CONCLUSIONS

¶189

a. Manufacturing activities at IDPL, Rishikesh, ceased in 2019. The plant is not engaged in any production activity since 2019 and its premises including various facilities, have been taken over by the Forest Department, Uttarakhand.

¶190

b. Packaging material i.e., empty medicine strips & vials were observed to be stored within the premises and a fire incident on 18.06.2024 led to burning of empty medicine strips and medical vials. Laboratory analysis results of collected samples indicated no detectable Active Pharmaceutical Ingredients (APIs).

¶191

c. The complainant’s concerns about radioactive substances were assessed. As the plant’s operations since 1996 were limited to formulation activities, which do not involve radioactive materials, no evidence of radioactive pollution was found.

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d. IDPL Rishikesh has safely disposed off approximately 70 MT of expired medicines/drugs through M/s Synergy Waste Management (P) Ltd., Hisar, Haryana during Oct-2024 & Nov2024, as per the Biomedical Waste Management Rules, 2016.

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e. Groundwater quality meets the drinking water standards (IS 10500:2012).

¶194

f. No direct discharge of sewage into the River Ganga was observed during the visit, however the non-functional STP possess potential risks of untreated sewage discharge. Hence, the unit shall ensure discharge of sewage generating from the IDPL township after treating it through STP.

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5. RECOMMENDATIONS

¶196

Based on the visit, the committee made the following recommendations:

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a. Regular Operation and Maintenance of STP: The IDPL/Forest Department must ensure the regular operation and maintenance of the STP (previously used as BTP) so that no untreated/partially treated sewage is discharged into River Ganga under any circumstances. UKPCB shall ensure regular operation and maintenance of the STP.

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M.A. 70/2025 in Digambar Prasad Vs. O.A. No. 784/2024 State of Uttarakhand & Ors.

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b. Disposal of Ash from Fire Incident Site: The ash as well as half burnt empty medicine strip/rolls & empty medical vials observed at the site of the fire incident, located within the premises must be disposed of in accordance with the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 and the Biomedical Waste Management Rules, 2016, under supervision of UKPCB.

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c. Management of Stored Packaging Waste: All stored packaging waste should be disposed of following the Solid Waste Management Rules, 2016, as well as the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 under supervision of UKPCB.

¶202

d. Handling of Stored Raw Materials and Products: UKPCB shall verify storage of raw material or product inside the plant. If UKPCB find any raw material or product storage in the plant, then it must be managed and disposed off in accordance with the Biomedical Waste Management Rules, 2016 and the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, under supervision of UKPCB.”

¶203

It may be observed here that the Committee was directed that if it found that disposal of antibiotics and other chemicals pharmaceuticals etc., are not in accordance with Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 and Solid Waste Management Rules, 2016, appropriate remedial, punitive and preventive action shall be taken in accordance with law but the Committee has not taken appropriate remedial, punitive and preventive action.

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Respondent no. 1-State of Uttarakhand represented by the District Magistrate, Dehradun has not filed any response despite reasonable opportunity having been granted to him.

¶205

Respondent no. 3-CPCB, which was the nodal agency for coordination and compliance, has merely submitted that all the averments in the original application are covered by the report submitted by the Joint Committee.

¶206

Respondent no. 4-Director, Drugs and Pharmaceutical, Government

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of India has filed reply that as per direction of this Tribunal a Joint

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M.A. 70/2025 in Digambar Prasad Vs. O.A. No. 784/2024 State of Uttarakhand & Ors.

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Committee was constituted which visited the spot and prepared inspection report which has been filed before this Tribunal and respondent no. 4 has fully complied with the norms and due to the spot/premises now being with the forest department all documents regarding work order to complete the work have been given to the Forest Department.

¶211

Respondent no.2-UKPCB has enclosed Inspection report dated 17.07.2025 with its response affidavit dated 02.08.2025. The relevant part of the Inspection Report dated 17.07.2025 reads as under:-

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“ मा० राष ्ट्र ीय हररत अधिकरण मे ं योजित वाद संख ् या 784 Of 2024 मे ं पाररत आदेश क कम मे े ं M/s IDPL, Rishikesh े की धिरीक ्ष ण आख ् या क े े सबंि मे ं ।

¶213

कृपया उपरोक्त ववषयक मा० राष्ट्रीय हररत अधिकरण में योजित वाद संख्या 784 Of 2024 में पाररत आदेश एवं बोर्ड मुख्यालय के पत्ांक संख्या यू०के०पी०सी०बी०/एच०ओ०/सा 0-183-804/2025/470 ददिांक 10.06.2025 में प्राप्त धिदेशों जिसमें पूवड में गदित संयुक्त िांच सधमधत द्वारा दी गयी संस्तुधत ( recommendation) पर कायडवाही कर अिुपालि आख्या चाही गयी जिसके अिुक्रम में इस कायाडलय द्वारा ददिांक 05.07.2025 को M/s IDPL, Virbhadra Road, Rishikesh का धिरीक्षण उद्योग प्रधतधिधि श्री अधमत शमाड व वि ववभाग के वि दरोगा श्री अवतार धसंह रावत की उपजस्िधत में दकया गया है , M/s IDPL के प्रधतधिधि श्री अधमत शमाड द्वारा अवगत कराया गया दक सरकार द्वारा IDPL के पूरे क्षेत् का स्वाधमत्व वि ववभाग को हस्तांतररत दकया गया है एवं इकाई का धिरीक्षण करिे हेतु वि ववभाग से अिुमधत प्राप्त करिा अधिवायड है तिा M/s IDPL, Virbhadra Road, Rishikesh को वि ववभाग द्वारा अधिग्रदहत दकया गया है। पूवड गदित संयुक्त कमेटी की Recommendation की वबन्दुवार अिुपालि की जस्िधत धिम्िवत है-

¶214

कम संख्या	अिुपालि वबंदु	अिुपालि वबन्दुओं पर धिरीक्षण आख्या
1	Regular operation and maintences of STP: The IDPL/Forest Department must ensure the regular	M/s IDPLके धिरीक्षण के दौरािBTP केInletएवंOutlet (Tank)के िमूिे एकत्ण कर बोर्ड की केन्रीय

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M.A. 70/2025 in Digambar Prasad Vs. O.A. No. 784/2024 State of Uttarakhand & Ors.

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¶217

	operation and maintence of the STP (Previously used as BTP) so that no untreated/Partially treated sewage discharged into River Ganga under any circumstances. UKPCB shall ensure regular operation and maintenance of the STP.	प्रयोगशाला में ववश्लेषण हेतु िमा कराये गये है जििमें प्रचालको की मात्ा मािको से अधिक पायी गयी, धिरीक्षण के दौराि श्री अधमत शमाड द्वारा अवगत कराया गया दक ववद्युत ववभाग द्वाराBTP Plantका ववद्युत ववच्छेदि दकया गया है जिस कारण पलांट का संचालि िही हो पा रहा है।
2	Disposal of Ash from fire incident site: The Ash as well as half burned empty medicine strip/rolls & empty medical vials observed at the site of the fire incident, located within the premises must be disposed of in accordance with the Hazardous and other Waste (Management and transboundary Movement) Rules, 2016 and the Biomedical Waste Management Rules, 2016 under supervision of UKPCB	धिरीक्षण के दौराि उद्योग मेंAshएवं Empty medicine Strip/rolls & empty medical vialsयिावत पाये गये। (फोटोग्राफ संलग्ि)
3	Management of Stored Packaging Waste: All Stored Packaging waste should be disposed of following the Solid Waste Management Rules, 2016 as well as the Hazardous and other Waste (Management and Transboundary Movement) Rules, 2016 under supervision of UKPCВ.	धिरीक्षण के दौरािPackging Waste पूवड की भांधत पाया गया। (फोटोग्राफ संलग्ि)
4	Handling of store Raw Materials and Products: UKPCB shall verify storage of raw material or product inside the Plant. If UKPCB find any raw material or Product storage in the plant,	धिरीक्षण के दौराि पलांट मेंRaw Materialपररसर भवि मेंStoreदकया गया,िो दक धिरीक्षण के समय बन्द पाया गया। (फोटोग्राफ संलग्ि)

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¶220

then it must be managed and disposed off in
accordance with the
Biomedical Waste
Management Rules, 2016
and the Hazardous and other
Wastes (Management and
Transboundary Movement)
Rules, 2016, under
supervision of UKPCB.

¶221

उपरोक्तािुसार वबन्दु संख्या 2, 3, व 4 पर वजणडत वबन्दुओं के सबंि में IDPL प्रधतधिधि श्री अधमत शमाड द्वारा अवगत कराया गया दक पलांट वतडमाि में वि ववभाग के अिीि है एवं िो भी IDPL की संपवि है पूणड रुप से वि ववभाग के स्वाधमत्व के अन्तगडत है , पररसर में Fire Incident से उत्पन्ि राख , Empty Medicine Strip/Rolls & Empty Medicinevials, Packaging Materials एवं स्टोर में रखे Raw Materials का पूवड में संयुक्त िांच सधमधत द्वारा दकये गये धिरीक्षण के अिुसार यिावत् पाया गया। उक्त के धिस्तारण के सबंि में M/s IDPL व वि ववभाग को धिदेधशत दकया िािा उधचत होगा दक उक्त सभी सामग्री का धिस्तारण छोरा अपधशष्ट प्रबंिि धियम- 2016 साि ही Hazardous And Other Waste Management & (Transboundry Movement) Rule 2016 एवं Biomedical Waste Management Rules-2016 के अिुसार धिस्तारण करिा सुधिश्चत करें। साि ही आपके संज्ञाि में यह भी लािा है दक वतडमाि में उिराखण्र् पावर कापोरेशि द्वारा IDPL की BTP का ववद्युत ववच्छेदि दकया गया है , जिस कारण Township से िधित घरेलू उत्प्रवाह का शुविकरण िहीं हो पा रहा है। उक्त के अिुपालि में वि ववभाग व IDPL को धिदेधशत दकया िािा उधचत होगा दक BTP के संचालि हेतु कायडवाही करिा सुधिजश्चत करें। आख्या आपके अवलोकिािड अधग्रम आवश्यक कायडवाही हेतु सादर प्रस्तुत है।

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The English translation of the relevant part of the Inspection Report dated 17.07.2025 by the Registry reads as under:-

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“Regarding inspection report of M/s IDPL, Rishikesh in accordance with the order passed in OA No . 784 of 2024 filed in Hon'ble National Green Tribunal.

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M.A. 70/2025 in Digambar Prasad Vs. O.A. No. 784/2024 State of Uttarakhand & Ors.

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Please refer to the order passed in the above-mentioned OA No. 784 of 2024 filed in the Hon'ble National Green Tribunal and the instructions received from the Board Headquarters vide letter no. UKPCB/HO/SA- 183-804/2025/470 dated 10.06.2025 , in which action was taken on the recommendation given by the previously constituted Joint Investigation Committee and compliance report was sought, in continuation of which this office inspected M/s IDPL, Virbhadra Road, Rishikesh on 05.07.2025 in the presence of Industry Representative Shri Amit Sharma and Forest Inspector of Forest Department Mr. Avtar Singh Rawat, M/s IDPL's representative Shri Amit Sharma informed that the government has transferred the ownership of the entire area of IDPL to the Forest Department and it is mandatory to obtain permission from the Forest Department to inspect the unit and M/s IDPL, Virbhadra Road, Rishikesh has been acquired by the Forest Department. The status of point-wise compliance of the recommendation of the previously constituted joint committee is as follows-

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*Sr. No.*	*Points of Compliance*	*Inspection report on compliance* *points*
1	Regular operation and maintences of STP: The IDPL/Forest Department must ensure the regular operation and maintence of the STP (Previously used as BTP) so that no untreated/Partially treated sewage discharged into River Ganga under any circumstances. UKPCB shall ensure regular operation and maintenance of the STP.	During the inspection of M/s IDPL, samples of inlet and outlet (tank) of BTP were collected and submitted for analysis in the central laboratory of the Board, in which the quantity of excipients was found to be more than the standards. During the inspection, Shri Amit Sharma informed that power supply of BTP Plant has been disconnected by the Electricity Department due to which the plant is not able to operate.
2	Disposal of Ash from fire incident site: The Ash as well as half burned empty medicine strip/rolls & empty medical vials observed at the site of the fire incident, located within the premises must be disposed of in accordance with the Hazardous and other Waste (Management and	During inspection, ash and empty medicine strips/rolls and empty medical vials were found intact in the industry. (Photograph attached)

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M.A. 70/2025 in Digambar Prasad Vs. O.A. No. 784/2024 State of Uttarakhand & Ors.

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	transboundary Movement) Rules, 2016 and the Biomedical Waste Management Rules, 2016 under supervision of UKPCB
3	Management of Stored Packaging Waste: All Stored Packaging waste should be disposed of following the Solid Waste Management Rules, 2016 as well as the Hazardous and other Waste (Management and Transboundary Movement) Rules, 2016 under supervision of UKPCВ.	During inspection, packing waste was found to be the same as before. (Photograph attached)
4	Handling of store Raw Materials and Products: UKPCB shall verify storage of raw material or product inside the Plant. If UKPCB find any raw material or Product storage in the plant, then it must be managed and disposed off in accordance with the Biomedical Waste Management Rules, 2016 and the Hazardous and other Wastes (Management and Transboundary Movement) Rules, 2016, under supervision of UKPCB.	During inspection, the raw material was stored in the plant premises building, which was found closed at the time of inspection. (Photograph attached)

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As per above, points mentioned as number 2, 3 and 4, the IDPL representative Shri Amit Sharma informed that the plant is currently under the Forest Department and all the property of IDPL is completely under the ownership of the Forest Department, the ash generated due to the fire incident in the premises, empty medicine strips/rolls & empty medicine vials, packaging materials and raw materials kept in the store were found intact as per the inspection done earlier by the joint investigation committee. Regarding disposal of the above, it would be appropriate to direct M/s IDPL and Forest Department to ensure disposal of all the above material in accordance with Solid Waste Management ** Rules-2016 as well as Hazardous and Other

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M.A. 70/2025 in Digambar Prasad Vs. O.A. No. 784/2024 State of Uttarakhand & Ors.

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Waste Management & (Transboundary Movement) Rule 2016 and Biomedical Waste Management Rules-2016. It is also brought to your notice that at present, power supply of IDPL's BTP has been disconnected by Uttarakhand Power Corporation, due to which purification of domestic effluent generated from the Township is not possible. In compliance with the above, it would be appropriate to direct the Forest Department and IDPL to ensure action for the operation of BTP.

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The report is submitted for your perusal and further necessary action.”

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It is evident from the material placed before this Tribunal that even the recommendations made by the Joint Committee have not been implemented so far and requisite remedial measures have not been taken by respondents no. 1 to 4, the Forest Department or other concerned authorities. No doubt, the Forest Department, to which the premises have been transferred, has not been impleaded in the present Miscellaneous Application but State of Uttarakhand has been impleaded as respondent no. 1 which is represented by the District Magistrate, Dehradun. We are of the considered view that impleading of all concerned instrumentalities/departments/officers/officials of the State in the proceedings by/before this Tribunal is not necessary for the simple reason that once the State is impleaded it is for the officer representing the State to place the matter at the appropriate level in the Government for issuance of appropriate directions to the concerned instrumentalities/departments/ officers/officials of the State for making requisite compliance with the directions issued by this Tribunal. To hold otherwise will result in successive applications and orders for impleading of the parties on subsequent disclosures of information and will provide invalid excuses for non-implementation of the orders of this Tribunal by taking shelter under administration divisions and distribution of powers carried out for facilitating good governance.

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M.A. 70/2025 in Digambar Prasad Vs. O.A. No. 784/2024 State of Uttarakhand & Ors.

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It may also be observed here that Article 48 A of the Constitution of India imposes an obligation on the State to protect and improve the environment and in discharge of the constitutional obligation the State and all its instrumentalities have to take remedial measures for protection and improvement of environment. In view of this legal perspective environmental grievances cannot be kept pending for unduly long periods of times on the grounds of initiation and pendency of process for grant of requisite administrative approval or making of requisite budgetary allocation as such environmental grievances require prompt/immediate action for their remediation and un-remediated environmental grievances may cause irreversible environmental damage.

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In view of these facts and circumstances of the case, we constitute High-Powered Committee comprising of Chief Secretary to the Government of Uttarakhand, PCCF (HoFF), Government of Uttarakhand, District Magistrate, Dehradun, Director, Department of Drugs and Pharmaceutical, Government of India and Member Secretary, UKPCB and direct the same to take requisite remedial, punitive, preventive and prohibitive measures as may be required by taking into consideration the observations and recommendations made in the Joint Committee report dated 02.04.2025. The High-Powered Committee may in particular take the following remedial measures immediately on receipt of a copy of this order.

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(i) look into the causes of fire which occurred on 18.06.2024 and take appropriate remedial action for occurrence of such fire in the premises in future;

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(ii) ensure the regular operation and maintenance of the STP (previously used as BTP) so that no untreated/partially treated sewage is discharged into River Ganga under any circumstances;

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M.A. 70/2025 in Digambar Prasad Vs. O.A. No. 784/2024 State of Uttarakhand & Ors.

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(iii) ensure disposal of the ash as well as half burnt empty medicine strip/rolls & empty medical vials observed at the site of the fire incident, located within the premises in accordance with the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 and the Biomedical Waste Management Rules, 2016;

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(iv) ensure disposal of all stored packaging waste in accordance with the Solid Waste Management Rules, 2016 and the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016; and

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(v) ensure management and disposal of raw material or product stored inside the plant in accordance with the Biomedical Waste Management Rules, 2016 and the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, under supervision of UKPCB.

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The High-Powered Committee is directed to ensure that no undue reasonable delay occurs in taking of the remedial measures as directed above and to ensure that the requisite remedial, punitive, preventive and prohibitive measures are taken within three months from the date of receipt of a copy of this order.

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The PCCF (HoFF), Government of Uttarakhand will be the Nodal Officer for coordination and compliance.

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The High-Powered Committee may issue directions under relevant statutory provisions to the concerned authorites/officers/persons and may also constitute Sub-Committee for due implementation of this order.

M.A. 70/2025 in

Digambar Prasad Vs.

Action Taken Report of the High-Powered Committee may be filed on or before 15.12.2025 before Ld. Registrar General who may put up the matter before the Bench if further orders are considered to be necessary.

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The present Miscellaneous Application is disposed of with directions as mentioned above.

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A copy of this order may be sent to the Chief Secretary to Government of Uttarakhand, the PCCF (HoFF), Government of Uttarakhand, the District Magistrate, Dehradun, the Director, Department of Drugs and Pharmaceutical, Government of India and the Member Secretary, UKPCB by email for requisite compliance.

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Arun Kumar Tyagi, JM

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Dr. Afroz Ahmad, EM

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August 08^th , 2025 AG.

Misc Application in disposed of cases No. 70/2025 in Original Application No. 784/2024 of Digambar Prasad vs

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