Disposed

Gen Secretary Industrial Focal Point Welfare Association vs

NGT6 Nov 2025Original Application No. 47/2024

Case brief

AI extract

What is this about?

The NGT disposed of an original application regarding sewage effluent stagnation and groundwater contamination at an industrial focal point in Khanna. After various agencies completed site cleaning and the applicant expressed satisfaction, the Tribunal held no further order was needed.

What did the court decide?

The Tribunal held that no further order was required as the grievance had been resolved by the authorities.

Gen Secretary Industrial Focal Point Welfare Association vs — Environment and Pollution | NGT (2025)

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Item No. 6

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Court No. 2

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BEFORE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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ORIGINAL APPLICATION NO. 47/2024

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1. GEN SECRETARY INDUSTRIAL FOCAL POINT WELFARE ASSOCIATION

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Applicant

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Versus

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1. State of Punjab Through Chief Secretary Chandigarh, 160001 Email: [email protected]

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2. Punjab Pollution Control Board Through Member Secretary

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Punjab Pollution Control Board, Vatavaran Bhawan, Nabha Road, Patiala, Punjab, 147001 Email: [email protected] / [email protected]

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3. Municipal Council, Khanna Through Executive Officer

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Municipal Bhawan, Civil Lines, Khanna, Punjab-141401

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4. Punjab Small Industries Export Corporation, Chandigarh Through its Executive Officer

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Plot No. 18, Sector 31-A, Chandigarh-160030

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5. Aarti Agro Industries,

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C-21, Focal Point, Khanna, 141401

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6. AFI Agro Pvt Ltd., A-1, Focal Point, Khanna-141401

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7. Aman Feed Industries, E-2 & C-30, Focal Point, Khanna-141401

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8. Amrit Agro Industries, D-114, Focal Point, Khanna-141401

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9. Anmol Industries, C-1 Focal Point, Khanna, Ludhiana-141401

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10. A-ONE Enterprises, D 40-41, Focal Point, Khanna- 141401

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11. Avinash Industries, C-47, Focal Point, Khanna, Ludhiana -141401

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12. Bharat Agro Industries, D-116, Focal Point, Khanna- 141401

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13. C.C.F. Industries,

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D-68, Focal Point, Khanna, Ludhiana- 141401

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14. Cheema Agro Industries, B-121, Focal Point, Khanna, Distt. Ludhiana- 141401

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15. Cheema Agrovet industries, D-95, Focal Point, Khanna-141401

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16. Ludhiana Dashmesh Batteries & Metal Industries, D-96, Focal Point, Khanna, Ludhiana- 141401

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17. Davinder industries, D-7, Focal Point, Khanna, Ludhiana- 141401

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18. Dev Steel Industries B-2, Focal Point, Khanna, Ludhiana- 141401

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19. Gagan Industries, Focal Point, Khanna, Ludhiana- 141401

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20. Galaxy Crumb India, D-61, Focal Point, Khanna- 141401

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21. Gaurav Steels, D-2, Focal Point, Khanna, Ludhiana- 141401

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22. Godrej Agrovet Ltd, C-41-46, Focal Point Khanna- 141401

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23. Gopika Industries, C-58, Focal Point, Khanna, Ludhiana- 141401

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24. Gupta Steel Udyog Previously Charoen Pokhphand Food Pvt Ltd, Focal Point, Khanna- 141401

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25. Hans Industries,

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O.A. No. 47/2024 Gen Secretary Industrial Focal Point Welfare Association Vs. State of Punjab & Ors. 3

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C-57, Focal Point, Khanna, Ludhiana- 141401

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26. Hari Om Agro Industries Focal Point, Khanna, Ludhiana- 141401

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27. Jain Hans Paper & Mill Board Industries, C-52 & 53, Focal Point, Khanna, Ludhiana- 141401

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28. Jasbir Industries, D-4, Focal Point, Khanna, Ludhiana- 141401

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29. Jeet Rai Sons,

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D-17, Focal Point, Khanna, Ludhiana- 141401

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30. Jeet Rai Sons

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D- 12, 13, 125,126, Focal Point, Khanna- 141401

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31. KAY' Bee Industries (India) D-44. Focal Point, Khanna- 141401

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32. Kiran feed corporation, D-112, Focal Point, near Godrej Agrovet Ltd., Khanna, Ludhiana- 141401

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33. M.K. & Sons,

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D-29, Focal Point, Khanna, Ludhiana- 141401

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34. M/s Goyal Steels,

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D-90-91, Focal Point, Khanna, Ludhiana- 141401

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35. Mangla industry, C-22, focal point, Khanna, Ludhiana- 141401

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36. Markfed Vanaspati & Allied Industries, Focal Point, Khanna, Ludhiana- 141401

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37. Modern Soap & Oil Mills, C-9, Focal Point, Khanna, Ludhiana- 141401

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38. Orien Engineering Works, B-13, Focal Point,Khanna, Ludhiana- 141401

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39. R.P Machines, D-3, Focal Point, Khanna, Ludhiana- 141401

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40. Raj Mohan Industries Unit 2, (lessee Of Naresh Traders), Near Focal Point, Khanna, Ludhiana- 141401

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41. S.G. Mechanical Works,

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D-123, focal point, Khanna, Ludhiana- 141401

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42. Saffron Rubber, D-64, Focal Point, Khanna- 141401

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43. Sanjay Solvex Pvt Ltd., B-3, B-4, B-5, B-6 & B-7, Focal Point, Khanna, Ludhiana- 141401

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44. Sanjiv Industries, D-27 / 28, focal point, Khanna, Ludhiana- 141401

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45. Sanjiv Oil & Fats (Formerly Sanjiv Agro Pvt Ltd),

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C- 15 & C-61, Focal Point, Khanna- 141401

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46. Saraswati Industries, D-l I, Focal Point, Khanna- 141401

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47. Satish Agrovet Pvt. Ltd., B-8, FP, Khanna, Ludhiana- 141401

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48. Satluj Industries, C-3-4, Focal Point, Khanna, Ludhiana-141401

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49. Shree Ram Industries, B-16, Focal Point, Khanna, Ludhiana- 141401

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50. Shree Triveni Industries, B-l0, Focal Point, Khanna, Ludhiana- 141401

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51. Sohna Agro Industries, C-48, Focal Point, Khanna, Ludhiana- 141401

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52. Usha Udyog, B-1, Focal Point, Khanna, Distt. Ludhiana- 141401

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53. Vikas Industries Corporation,

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B-9, Focal Point, Khanna- 141401

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54. M/s JBR Technologies, 2680, Jain Colony, Moti Nagar, Ludhiana, Punjab-141010 Respondents

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For the Applicant:

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None for the applicant.

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Amicus Curiae:

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Mr. Abhishek Yadav, Advocate.

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For the Respondents:

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Mr. Divyam Nandrajog, AAG with Mr. Prakhyat Gargasya and Mr. Jai Singh Rawat, Advocates for respondent no. 1.

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Ms. Atika Singh, Proxy Counsel for Ms. Richa Kapoor Advocate for respondent no. 2.

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Mr. Mohit Bhardwaj and Mr. Karan Sharma, Advocates for respondent no. 3.

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Mr. Rahul Meena and Ms. Rajnandini, Advocates for respondent no. 4. Mr. Ankit Siwach, Advocate for respondents no. 5 to 21, 23 to 31, 33 to 35 and 37 to 53 (through VC).

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Mr. Gaurav Agarwal, Advocate for respondent no. 54 (through VC). None for respondents no. 22, 32 and 36.

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PRESENT:

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

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_____________________________________________________________________________ Judgment reserved on:- 18.07.2025 Judgment pronounced on:- 06.11.2025 ________________________________________________________________________

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JUDGMENT

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The General Secretary, Industrial Focal Point Welfare Association

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Khanna made complaint dated 12.08.2023 against Municipal Council,

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Khanna regarding improper working to pump out sewerage effluents

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from well to main sewerage line of city (pages no. 1 to 8 of the paper

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book) on public grievances portal of this Tribunal which has been treated

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O.A. No. 47/2024 Gen Secretary Industrial Focal Point Welfare Association Vs. State of Punjab & Ors. 6

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and registered as Original Application under Sections 14 and 15 of National Green Tribunal Act, 2010 (NGT Act, 2010) for exercise of suo-moto jurisdiction in view of law laid down by Hon’ble Supreme Court in Municipal Corporation of Greater Mumbai Versus Ankita Sinha and others, (2022) 13 SCC 401 .

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The applicant has raised grievances regarding improper management of sewage by Municipal Council, Khanna. The relevant part of the complaint treated as original application enumerating grievances of the applicant reads as under:-

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“A new Sewerage line was laid in industrial focal point Khanna Distt Ludhiana (Punjab) in year 2016. The industrial Sewerage effluents is sent to a man made big well erected in near water supply line & from this well effluent pumped with submersible motors to main Sewerage line of the city.

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The exit of effluents by pumping Motors works only for 2-3 Minutes and Dirty Sewerage effluents spills all around the plot. Drinking water is also supplied to the industry from an underground water bore situated near well.

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We face the following problems.

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1. High Risk of Mixing of Sewerage water with Drinking water as Drinking water tank is about 100 feet away from Sewerage storage well.

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2. Hazardous to health inviting serious Diseases.

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3. All safeda trees meant for cleaning of environment have got rotten.

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4. Permanently stagnant Sewerage water is infiltrating into Ground water, thus polluting layers of Drinking water.

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Polluter Pay Principle applies to local municipal council Khanna which is narrated below -

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The ‘polluter pay’ principle essentially holds the polluter liable for the pollution caused to the environment. The polluter is liable for every damage caused to the environment. So according to the

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O.A. No. 47/2024 Gen Secretary Industrial Focal Point Welfare Association Vs. State of Punjab & Ors. 7

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‘polluter pay principle’, the polluter has to not only compensate the victims of pollution but also compensate for the restoration of environmental degradation caused Under 1972 and 1974 OECD Recommendation (1)(2), the measures to be taken by the polluter for controlling the pollution is decided by public authorities so that the environment is in acceptable state post the industry operation. Therefore, the polluter bears the cost of health hazard caused to the public as well as the cost of restoration of the environment. In other words, the costs of the measures should reflect on the cost of the goods and services, the production and/or consumption of which led to pollution. The cost of the measures should not be accompanied by the subsidies as it would lead to distortion in international trade and investment.

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This Problem has been lingering on for the past 2.5 years. We brought this matter in the notice of local Municipal Council and sewerage board but nothing has been done in this matter. It is requested to kindly look into the matter and take action accordingly.

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The concerned departments of Punjab have been intimated from time to time but no action.”

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Since the averments made in the letter petition, treated as Original Application, raised substantial environmental questions related to implementation of the enactments specified in Schedule I of the National Green Tribunal Act, 2010, this Tribunal, vide order dated 07.03.2024, constituted a Joint Committee comprising of Punjab Pollution Control Board (PPCB) and District Magistrate, Ludhiana with direction to visit the site, collect relevant information and submit factual report within two months.

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In compliance of order dated 07.03.2024, Report dated 27.06.2024 (pages no.10 to 19 of the paper book) of the Joint Committee was filed by HSPCB by e-mail dated 27.06.2024. The relevant part of the report is reproduced below:-

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“ REPORT OF JOINT COMMITTEE

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(Constituted by the Hon'ble National Green Tribunal vide order 07.03.2024 passed in Original Application No.47 of 2024) X X X X Visit of site by the Officer of the Board.

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In compliance to the orders passed by the Hon’ble NGT, the site was visited by the officer of the Punjab Pollution Control Board on 15/04/2024 and 19/06/2024 and during visit it was observed that an intermediate pumping station (IPS) has been provided near the water supply line. This station serves as a channel through which all domestic effluent from the focal point area is directed to the main pumping station, situated approximately 500 meters away from the Sewage Treatment Plant (STP) of capacity 29 MLD In Village Bahu Matra, Khanna. It was also observed that no trade effluent is being discharged from the Focal Point.

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Further, the matter was enquired from the Industrial Association and they informed that the intermediate pumping station (IPS) was malfunctioning, resulting in the overflow of effluent and subsequent stagnation in the surrounding area. They further informed that the sewerage line of the Focal Point, Khanna has been cleaned temporarily by the Municipal Council, Khanna. For a permanent solution, the E-Tender for the comprehensive cleaning of the entire sewerage pipeline at Focal Point, Khanna, has been awarded to KH Co Op L&C Society Ltd., Bhagwan Pura, Tehsil Mallout, Dist. Sh Muktsar Sahib, Punjab for six months. The scope of work includes desilting and cleaning of existing sewer lines and a 250 mm i/d DIK9 rising main in various streets using a mechanized system with Super Sucker/Drilling machines. This also includes the disposal of silt up to 5 km, dismantling of roads, providing, laying, jointing, cutting and testing of 200 mm o/d UPVC pipes and all other contingent works at Focal Point. This comprehensive cleaning is expected to provide a permanent solution to the sewerage line blockages at Focal Point.

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Sample collected by the officer during visit on 15.04.2024 The samples of effluent were also collected by the officer of the Board from the stagnated water near the water supply line on 15/04/2024 and the analysis results of the samples are tabulated as below:

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*Sr.* *No.*	*Parameters*	*From* *stagnation near* *the Water* *Supply Line*	*Prescribed* *Standards*
1	_pH _	5.6	6.5-9.5
2	Total Suspended Solids mg/l	285	100
3	Chemical Oxygen Demand mg/l	1910	250
4	Bio-chemical Oxygen Demand mg/l	570	100

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5	Feacal Coliform MPN/100 ml	1,70,000	1000
6	OiI& Grease mg/l	14.9	10

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Meeting and visit of the Joint Committee

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The meeting of the Additional Deputy Commissioner, Khanna (on behalf of the District Magistrate, Ludhiana) and Assistant Environmental Engineer, Punjab Pollution Control Board, Regional Office, Fatehgarh Sahib (on behalf of Environmental Engineer, Fatehgarh Sahib) was held on 03.05.2024 at ADC Office Khanna and the site of Focal Point was visited by the officers and observed that the solid waste from the industries is one of the reasons of choking the sewerage line. The industries were directed to dispose the solid waste in the dump site of Municipal Council, Khanna. The Additional Deputy Commissioner, Khanna instructed the Board officer to visit the industrial units situated in Focal Point, Khanna so that action is taken against the defaulter Industries.

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Visit of industrial units by the officer of the Board and issuance of notice

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The industries situated in Focal Point, Khanna (total 49 industries) were visited by the officer of the Board on 04.05.2024, 05.05.2024 and 06.05.2024. Out of the 49 industries, 47 Industries were found to be in compliance of the environmental norms and only two industries were found to be operating without the valid consent of the Board under the Water (Prevention and Control of Pollution) Act, 1974. Recommendation for issuing notice of violation of the provisions of the Water (Prevention and Control of Pollution) Act, 1974 with an opportunity of hearing has been made in two cases of violation. A copy of show cause notices is enclosed as Annexure- A. A list of 49 industrial units is enclosed as Annexure-B.

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Meeting of Deputy Commissioner, Ludhiana and Environmental Engineer

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The Deputy Commissioner, Ludhiana held meeting with the Environmental Engineer, Punjab Pollution Control Board, Regional Office, Fatehgarh Sahib on 07.05.2024 at Ludhiana and the matter was deliberated.

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Issuances of notices to the concerned departments

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In view of the facts of the case, the Punjab Pollution Control Board vide letter no. 478-79 dated 08.05.2024 has issued show cause notice for violation of the provisions of the Water (Prevention and Control of Pollution) Act, 1974 to the Executive Engineer, Punjab Small Industries Export Corporation, Chandigarh and Executive Officer, Municipal Council, Khanna as the industrial Focal Point is being maintained by the said departments. In the show cause notice an opportunity of hearing has been extended to the above-named officers before the Chairman of the Punjab Pollution Control Board on 15.05.2024 to explain as to why action may not be taken against them for violation of the provisions of Water (Prevention and Control of Pollution) Act, 1974, wherein, it was decided as under:

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O.A. No. 47/2024 Gen Secretary Industrial Focal Point Welfare Association Vs. State of Punjab & Ors. 10

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1. The MC, Khanna shall remove the stagnation in the area around the intermediate pumping station (IPS) and shall shift the effluent collected to STP of capacity 29 MLD for treatment, within 10 days.

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2. The MC, Khanna shall ensure that the de-silting of the sewer line be carried out well within time limits given in the tender documents (DNIT).

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Conclusion

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Temporarily, the Municipal Council, Khanna has cleaned the sewerage line of Focal Point, Khanna. For a permanent solution, the E-Tender for the comprehensive cleaning of the entire sewerage pipeline at Focal Point, Khanna, has been awarded to K.H Co Op L&C Society Ltd., Bhagwan Pura, Tehsil Mallout, Dist. Sh Muktsar Sahib, Punjab for six months. The scope of work includes desilting and cleaning of existing sewer lines and a 250 mm i/d DIK9 rising main in various streets using a mechanized system with Super Sucker/Drilling machines. This also includes the disposal of silt up to 5 km, dismantling of roads, providing, laying, jointing, cutting and testing of 200 mm o/d UPVC pipes and all other contingent works at Focal Point. This comprehensive cleaning is expected to provide a permanent solution to the sewerage line blockages at Focal Point. During the visit, there was no stagnation observed as the same has been got removed from the site under compliant.”

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The applicant also sent written submissions dated 16.05.2024 (page

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no. 09 of the paper book). The relevant part of the written submissions

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dated 16.05.2024 filed by the applicant is reproduced below:-

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“ Subject - Regarding letter dated August 12, 2023. (Original application no. 47/2024 treated Suo-moto, paper petition)

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X X X X

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This is in reference to above application mailed on 12.08.2023. The PPCB Punjab has taken notice of our problem of spilling of sewerage effluents and improper working to pump out to main sewerage line.

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Sir, show cause notice to municipal council Khanna & PSIEC Chandigarh has been served in this context by PPCB.

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Municipal council Khanna has started the cleaning of sewerage lines which were blocked. Municipal council Khanna has also deposited about Rs. 35 Lakhs with Punjab sewerage

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board and the sewerage board has floated tenders in relation to proper cleaning of blocked sewerage lines, installing vent pipes/air valves at some places for smooth emission of sewerage effluents in main sewerage line.”

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This Tribunal considered the report of the Joint Committee on 10.07.2024 and noticed that the sample of sanitary water near water supply was taken on 15.04.2024 and analysis result showed noncompliance in almost every respect as was evident from following chart:

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Sr. No.	Parameters	From stagnation near the Water Supply Line	Prescribed Standards
1	pH	5.6	6.5-9.5
2	TotalSuspended Solidsmg/l	285	100
3	Chemical Oxygen Demand mg/l	1910	250
4	Bio-chemical Oxygen Demand mg/l	570	100
5	FeacalColiform MPN/100ml	1,70,000	1000
6	Oil& Greasemg/l	14.9	10

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This Tribunal also noticed that 49 industries which were discharging the effluent and responsibility of maintenance of sewer line was that of Punjab Small Industries Export Corporation (PSIEC), Chandigarh and Municipal Council, Khanna.

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Vide order dated 10.07.2024, this Tribunal impleaded (1) State of Punjab through Chief Secretary; (2) Punjab Pollution Control Board (PPCB) through Member Secretary; (3) Municipal Council, Khanna through its Executive Officer; (4) Punjab Small Industries Export Corporation, Chandigarh through its Executive Officer; (5) Aarti Agro Industries; (6) AFI Agro Pvt Ltd; (7) Aman Feed Industries; (8) Amrit Agro Industries; (9) Anmol Industries; (10) A-ONE Enterprises; (11) Avinash Industries; (12) Bharat Agro Industries; (13) C.C.F. Industries; (14) Cheema Agro Industries; (15) Cheema Agrovet industries; (16) Dashmesh Batteries & Metal Industries;

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(17) Davinder industries; (18) Dev Steel Industries; (19) Gagan Industries; 20) Galaxy Crumb India; (21) Gaurav Steels; (22) Godrej Agrovet Ltd; (23) Gopika Industries; (24) Gupta Steel Udyog Previously Charoen Pokhphand Food Pvt Ltd; (25) Hans Industries; (26) Hari Om Agro Industries; (27) Jain Hans Paper & Mills Board Industries; (28) Jasbir Industries; (29) Jeet Rai & Sons; (30) Jeet Rai & Sons; (31) Kay Bee Industries (India,); (32) Kiran feed corporation; (33) M.K. & Sons; (34) M/s Goyal Steels; (35) Mangla industry; (36) Markfed Vanaspati & Allied Industries; (37) Modern soap & oil mills; (38) Orien Engineering Works; (39) R.P Machines; (40) Raj Mohan Industries Unit 2, (lessee Of Naresh Traders); (41) S.G. Mechanical works,; (42) Saffron Rubber; (43) Sanjay Solvex Pvt Ltd.; (44) Sanjiv industries; (45) Sanjiv Oil & Fats (Formerly Sanjiv Agro Pvt Ltd); (46) Saraswati Industries; (47) Satish Agrovet Pvt. Ltd.; (48) Satluj Industries; (49) Shree Ram Industries; (50) Shree Triveni Industries; (51) Sohna Agro Industries; (52) Usha Udyog; and (53) Vikas Industries Corporation as respondents no. 1 to 53 and issued notices to the respondents requiring them to file their responses.

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Since cognizance in the matter was taken suo-moto , therefore, this Tribunal also appointed Mr. Abhishek Yadav, Advocate (Enrollment No. UP 2682/2006) as Amicus Curiae to assist this Tribunal on behalf of the applicant.

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Short reply dated 09.08.2024 (pages no. 20 to 32 of the paper book) was filed by respondent no. 1- Govt. of Punjab. The relevant part of the short reply dated 09.08.2024 filed by respondent no. 1- Govt. of Punjab is reproduced below:-

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“Short Reply of Additional Secretary to Government of Punjab, Department of Science, Technology and

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Environment on behalf of Respondent No. 1 i.e. the State of Punjab through Chief Secretary in compliance of order dated 10.07.2024.

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X X X X

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3. That the case has been examined and it is observed that in compliance to the orders of the Hon'ble National Green Tribunal, the site in question was earlier visited by the officer of the Punjab Pollution Control Board as a Joint Committee member on 15.04.2024 and 19.06.2024 and during visit it was observed that an intermediate pumping station (IPS) has been provided near the water supply line. This station serves as a channel through which all domestic effluent from the focal point area is directed to the main pumping station, situated approximately 500 meters away from the Sewage Treatment Plant (STP) of capacity 29 MLD in Village Bahu Majra, Khanna. It was also observed that no trade effluent is being discharged from the Focal Point. The Industrial Association has informed that due to malfunctioning of intermediate pumping station, resulting in overflow of effluent, which was causing stagnation. The Municipal Council, Khanna informed that the sewer line has been cleaned and for permanent solution, E-Tender has been awarded to M/s K.H Co Op L&C Society Ltd., Bhagwan Pura, Tehsil Mallout, Dist. Sh Muktsar Sahib, Punjab and the work will be completed within six months. The scope of work includes desilting and cleaning of existing sewer lines and a 250 mm i/d DIK9 rising main in various streets using a mechanized system with Super Sucker/Drilling machines. This also includes the disposal of silt up to 5 km, dismantling of roads, providing, laying, jointing, cutting and testing of 200 mm o/d UPVC pipes and all other contingent works at Focal Point. It was the observation of the Joint Committee that the comprehensive cleaning will provide a permanent solution to the sewerage line blockages at Focal Point. All the details of the case were mentioned in the Joint Committee report and a copy of the Joint Committee report is enclosed herewith as Annexure-A.

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4. That it is pertinent to mention here that the Punjab Pollution Control Board is the prescribed authority to implement the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 and the Environment (Protection) Act, 1986 and the rules made there under in the State of Punjab. The Government of Punjab, Department of Science, Technology and Environment has directed the Punjab Pollution Control Board to take appropriate action in the case in accordance with the laws.

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5. That the Punjab Pollution Control Board is filing a separate reply in the case and the reply filed by the State Pollution Control Board may kindly be read as reply on behalf of the State of Punjab.”

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Short reply dated 09.08.2024 (pages no. 33 to 54 of the paper book) was filed by respondent no. 2-PPCB. The relevant part of the short reply dated 09.08.2024 filed by respondent no. 2-PPCB is reproduced below:-

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“Status Report/ Reply of Punjab Pollution Control Board through Er. Kamal Singla, Environmental Engineer, Punjab Pollution Control Board, Regional Office, Sri Fatehgarh Sahib, in compliance of order dated 10.07.2024.

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X X X X

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3. That in compliance to the orders dated 10.07.2024, it is submitted that the site in question was earlier visited by the officer of the Punjab Pollution Control Board as a Joint Committee member on 15.04.2024 and 19.06.2024 and during visit it was observed that an intermediate pumping station (IPS) has been provided near the water supply line. This station serves as a channel through which all domestic effluent from the focal point area is directed to the main pumping station, situated approximately meters away from the Sewage Treatment Plant (STP) of capacity 29 MLD in Village Bahu Majra, Khanna. It was also observed that no trade effluent is being discharged from the Focal Point. The Industrial Association has informed that the malfunctioning of intermediate pumping station has resulted in overflow of effluent, which has caused stagnation. The Municipal Council, Khanna informed that the sewer line has been cleaned and for permanent solution, E-Tender has been awarded to M/s K.H Co Op L&C Society Ltd., Bhagwan Pura, Tehsil Mallout, Dist. Sh Muktsar Sahib, Punjab and the work will be completed within six months. The scope of work includes desilting and cleaning of existing sewer lines and a 250 mm i/d DIK9 rising main in various streets using a mechanized system with Super Sucker/Drilling machines. This also includes the disposal of sit up to 5 km, dismantling of roads, providing, laying, jointing, cutting and testing of 200 mm o/d UPVC pipes and all other contingent works at Focal Point. It was the observation of the Joint Committee that the comprehensive cleaning will provide a permanent solution to the sewerage line blockages at Focal Point. All the details of the case were mentioned in the Joint Committee report, a copy of which is enclosed herewith as Annexure-A. The facts relating to the Joint Committee report are not being reiterated for the sake of repetition.

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4. That in order to make compliance of order dated 10.07.2024 of the Hon'ble Tribunal, the site in question at Industrial Focal Point, Khanna was visited by the officer of the Board on 20.07.2024, 03.08.2024, 05.08.2024 and 07.08.2024. During the said visits, all the 49 industrial units located in the Industrial Focal Point, Khanna were visited and inspected by the officer of the Board. Out of the 49 industrial units, 9 industrial units are such, which generates effluent during their operation as 6 industries are engaged in the business of electroplating and

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pickling, 2 solvex plants and 1 unit is manufacturing vegetable oil. The 6 units engaged in the business of electroplating and pickling get their effluent lifted by a common effluent treatment facility based at Ludhiana namely M/s JBR Technology Private Limited. 1 industrial unit namely M/s Markfed and other 2 units out of the said 9 industrial units are having their own treatment plants to treat lie wastewater of their industrial process. The treated wastewater of 2 industrial units is used in the plants by way of recirculation and the treated wastewater of 1 industrial unit is used for plantation. Out of the remaining 40 industries, 2 industries have been permanently closed, 1 industry has been closed on temporary basis and in the remaining the 37 industries, there is no generation of wastewater except the domestic waste, which is discharged into the sewer line laid in the Focal Point area.

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5. That out of the total 49 industrial units situated in the Focal Point, Khanna, 46 industrial units have obtained the consent to operate of the Board under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 as per their requirement. Out of the remaining 3 industrial units, 2 units have been permanently closed and 1 unit has been closed on temporary basis. No Industrial unit is discharging its industral wastewater into the sewer line except domestic waste. All the industrial units are complying with the environmental norms. A list of the 49 industrial units with name, address, scale of industrial unit, category, type of industrial activity, validity of consent to operate under the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 is enclosed herewith as Annexure-B.

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6. That it is pertinent to mention here that in the month of April 2024, the Board has given hearing to the Punjab Small Industries and Export Corporation (PSIEC) as well as Executive Officer, Municipal Council, Khanna on 15.04.2024 on the issue involved in the case. During the course of hearing, the officers of PSIEC and Municipal Council, Khanna were directed to remove the stagnation in the area around the intermediate pumping station (IPS) and ensure that desilting of the sewer line is carried out within the given timelines. The proceedings of hearing were conveyed to the Executive Engineer, PSIEC and Executive Officer, Municipal Council, Khanna by the Board vide letter no. 921-22 dated 11.06.2024 and a copy of the same is enclosed herewith as Annexure-C.

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7. That the area in question was visited by the officer of the Board as explained in para no. 4 herein above and during the visit, it was observed that the stagnation caused by overflowing of the sewer system has been removed and desilting work was in progress in the Focal Point area of Khanna city. As per the statements given by the officers of Municipal Council, Khanna and Punjab Water Supply & Sewerage Board, which are engaged in the process of desilting of the sewer line and cleaning of intermediate pumping station (IPS), the work of desilting of sewer line and cleaning of pumping station will be completed within next four months ie. by 31.12.2024.

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8. That it is further pertinent to mention here that the Punjab Pollution Control Board is monitoring the STP Khanna of 29 MLD capacity on regular basis and the samples of effluent collected for the month of July 2024 on 01.07.2024 were sent for analysis to the laboratory of the Board at Patiala. As per the water analysis report issued on 15.07.2024 by the Water Laboratory of the Punjab Pollution Control Board, Patiala, the analysis results were found within the prescribed standards. A copy of the water analysis report issued vide letter endst. no. 17630-32 dated 15.07.2024 by the laboratory of the Punjab Pollution Control Board is enclosed herewith as Annexure-D.”

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Reply dated 26.08.2024 (pages no. 55 to 63 of the paper book) was filed by respondent no. 3-Municipal Council, Khanna. The relevant part of the reply dated 26.08.2024 filed by respondent no. 3-Municipal Council, Khanna is reproduced below:-

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“Short Reply by way of Affidavit of Charanjit Singh, Executive Officer, Municipal Council, Khanna for and on behalf of Respondent No.3.

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X X X X

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3. That, at the outset it is submitted that in order to solve the problem of sewerage at Industrial Focal Point Khanna, as per the requirement of the answering respondent, the estimate of Rs. 35.81 lakhs for desilting/cleaning of existing of Sewer lines in the various streets by mechanized system using super sucker/drilling machine including disposal of silt up to 5 Km. and providing fixing RCC vent shalf dismenialing of road etc. at Focal Point Khanna, District Ludhiana has been prepared by the Executive Engineer, Punjab Water Supply and Sewerage Board, Division Ludhiana and the same has been duly passed by the answering respondent vide its Resolution No. 72 dated 31.10.2023 and further the same has been duly approved by the ADC (UD), Ludhiana vide Letter No. 660 dated 01.02.2024. A copy of above said Resolution no. 72 dated 31.10. 2023 is annexed as Annexure R-1 and copy of approval of the Resolution by the ADC (UD) is annexed as Annexure R-2.

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4. That, as per estimate submitted by the Executive Engineer, Punjab Water Supply and Sewerage Board, Division Ludhiana, the answering respondent (vide PFMS Portal No C022468648982 dated 28-02-2024 Rs. 25.81 and C032447820012 Dated 19-032024 Amount 1000000 in favour of Executive Engineer, Punjab Water Supply and Sewerage Board) 35.81 Lakhs has been deposited in favour of the Executive Engineer, Punjab Water Supply and Sewerage Board, Division Ludhiana as Annexure R-3

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5. That, after receiving the order from the Hon'ble National Green Tribunal, the answering respondent immediately called the progress report from the Executive Engineer, Punjab Water Supply and Sewerage Board, Division Ludhiana. Further the Punjab Water Supply and Sewerage Board, Division Ludhiana vide letter no.

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3192 dated 16.08.2024 while sending his report has informed the answering respondent that desilting/cleaning of existing sewer lines and 250 mm i/d DIK9 rising main in various streets by mechanized system using super sucker/drilling machine including, disposal of silt up to 5 Km and dismantling of road, providing laying, jointing, cutting and testing of 200 mm o/d UPVC pipe and all other works continental there too at Focal point Khanna Town, Ludhiana. Further, intimated that for this work tenders were opened on dated 11.06.2024 and allotted on dated 20.06.2024 with date of start as 20.06.2024. This work has been allotted to The K.H Co op L&C Society Ltd. Bhagwan Pura, Tehsil Mall out District Shri Makassar Sahib, Punjab. It is further submitted that as per information received from the Punjab.

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Water Supply and Sewerage Board that the work will be completed in the 6 months and currently work progress is 55% at the site. A copy of report sent by the Executive Engineer, Punjab Water Supply and Sewerage Board; Division Ludhiana has been annexed as Annexure R-4.”

¶185

Report dated 30.09.2024 (pages no. 64 to 74 of the paper book) was filed by respondent no. 2-PPCB. The relevant part of the report dated 30.09.2024 filed by respondent no. 2-PPCB is reproduced below:-

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“Current Status Report of Punjab Pollution Control Board through Er.Kamal Singla, Environmental Engineer, Punjab Pollution Control Board, Regional Office, Sri Fatehgarh Sahib, in compliance of order dated 27.08.2024.

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X X X X

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4. That the area in question was again visited by the officer of the Board on 20.09.2024 and it was observed that the stagnation earlier caused by overflowing of the sewer system has been removed and desilting work was in progress in the Focal Point area of Khanna city. As per the statements given by the officers of Municipal Council, Khanna and the Punjab Water Supply & Sewerage Board, which are engaged in the process of desilting of the sewer line and cleaning of intermediate pumping station (IPS), 59% of the work of desilting of sewer line and cleaning of pumping station has been completed and the remaining work will be completed by 31.12.2024.

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5. That it is pertinent to mention here that the Punjab Pollution Control Board is monitoring the STP Khanna of 29 MLD capacity on regular basis and the samples of effluent collected for the month of August 2024 on 02.08.2024 were sent for analysis to the laboratory of the Board at Patiala. As per the water analysis report issued on 13.08.2024 by the Water Laboratory of the Punjab Pollution Control Board, Patiala, the analysis results were

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found within the prescribed standards. A copy of the water analysis report issued vide letter endst. no. 20271-73 dated 13.08.2024 by the laboratory of the Punjab Pollution Control Board is enclosed as Annexure-B.

¶192

6. That further it is submitted that the industrial units impleaded as respondents no.5, 16, 24, 27 and 32 who have not appeared before this Hon'ble Tribunal were visited by the officer of the Board on 20.09.2024 and the observations of the visiting officer are mentioned below:

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a) Following industrial units have been closed permanently.

¶194

1. Respondent no.5 namely M/s Aarti Agro Industries, Plot No C- 21, Focal Point, Khanna.

¶195

ii. Respondent no. 27 namely M/s Jain Hans Paper and Mill Board Industries, C-52-53, Focal Point, Khanna.

¶196

b) Following industrial unit has been closed on temporary basis

¶197

iii. Respondent no.16 namely M/s Dashmesh Batteries and Metal Industries, D-96, Focal Point, Khanna,

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c) Following industrial units have obtained the consents of the Board and are complying with environmental norms.

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iv. Respondent no.24 namely Gupta Steel Udyog previously Charoen Pakhphand Food Pvt. Ltd., Focal Point, Khanna, Ludhiana.

¶200

V. Respondent no. 32 namely M/s Kiran Feed Corporation, D-112, Focal Point, Near Godrej Agrovet Ltd., Khanna, Ludhiana.

¶201

7. That the status report earlier filed by the Board in compliance of order dated 10.07.2024 may kindly be read as part of the present status report.”

¶202

Learned Amicus Curiae filed submissions dated 17.10.2024 (pages no. 75 to 82 of the paper book). Learned Amicus Curiae referred to report of the Joint Committee and replies filed by respondent no. 1-State of Punjab and replies/status report filed by respondent no. 2-PPCB and reply sent by respondent no. 36 to Learned Amicus Curiae.

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Reply dated 30.09.2024 (pages no. 83 to 399 of the paper book) was filed by respondents no. 5 to 21, 23 to 31, 33 to 35 and 37 to 53. In their reply the above said respondents referred to report of the Joint Committee

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and order dated 10.07.2024 passed by this Tribunal for impleading 49 industries, inspections of the 49 industries by the concerned officers on 04.05.2024, 05.05.2024 and 06.05.2024 and show cause notices by respondent no. 2-PPCB to respondents no. 4, 17 and 18. In their reply the above said respondents also submitted that above said respondents have duly obtained the required consent from PPCB under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 and have complied with orders and directions issued by the Hon’ble Courts and this Tribunal.

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Reply affidavit dated 26.09.2024 (pages no. 400 to 412 of the paper book) was filed by respondent no. 36 vide e-mail dated 30.11.2024. In its reply respondent no. 36 has submitted that respondent no. 36 neither has any sewerage connection with the Municipal Council, Khanna nor discharges any kind of effluent in the sewerage line of Municipal Council, Khanna and respondent no. 36 has its own effluent treatment plant which is operated 24 X 7 and the treated effluent is utilized in the green belt area.

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Respondent no. 4-PSIEC filed reply (pages no. 413 to 423 of the paper book) that PSIEC has no role in maintaining the Industrial Focal Point as the said Focal Point along with staff was handed over to Municipal Council, Khanna by PSIEC vide letter dated 11.03.2004.

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Affidavit dated 16.12.2024 (pages no. 424 to 440 of the paper book) was filed by respondent no. 3-Municipal Council, Khanna. In its reply respondent no. 3-Municipal Council, Khanna submitted that as per letter of Punjab Water Supply and Sewerage Board, Ludhiana this office of the deponent has been informed through letter that the work Desilting/cleaning of existing sewer lines and 250 mm i/d DIK9 Rising

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main in various streets by mechanized system using Super/Sucker/drilling machine including, disposal of silt up to 5 Km. and dismantling of road. Providing, laying, jointing, cutting and resting of 200 mm o/d UPVC pipe and all other works contingent thereto at Focal Point, Khanna, Town, Ludhiana under which the said work K.H. Co. Op. L & C Society Ltd. Bhagwanpura, Tehsil Malout, Distt. Shri Muktsar Sahib, Punjab bearing office letter no. 2531 dated 20.06.2024 was allotted. The said work had been completed and now there is no stagnation of water. Respondent no. 3 has also given particulars of the industries which are using the sewerage and water connection and mentioned that respondent no. 36 has neither taken sewerage and water connection nor discharging its effluent in the sewerage line of Municipal Council, Khanna.

¶211

Report dated 13.12.2024 (pages no. 441 to 450 of the paper book) was filed by respondent no. 2-PPCB. The relevant part of the report dated 13.12.2024 filed by respondent no. 2-PPCB is reproduced below:-

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“Current Status Report of Punjab Pollution Control Board through Er.Kamal Singla, Environmental Engineer, Punjab Pollution Control Board, Regional Office, Sri Fatehgarh Sahib, in compliance of order dated 26.11.2024.

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X X X X

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4. That the area in question i.e. Focal Point, Khanna was visited by the officer of the Board on 04.12.2024 and it was observed that the stagnation earlier caused by overflowing of the sewer system has been removed. As per the statements given by the officers of Municipal Council, Khanna and the Punjab Water Supply & Sewerage Board, 100% of the work of desilting of sewer line and cleaning of intermediate pumping station (IPS) has been completed and project has been commissioned. It is pertinent to mention here that the Municipal Council, Khanna through Punjab Water Supply and Sewerage Board (PWSSB) has additionally installed a new electric motor of 10 HP at the Intermediate Pumping Station to ensure the efficient transfer of sewage water to the main pumping station to effectively eliminate the risk of stagnation of water. In this

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regard, the Executive Engineer, Punjab Water Supply and Sewerage Board, Division Ludhiana in a letter bearing no.5686 dated 02.12.2024 addressed to the Executive Officer, Municipal Council, Khanna has informed that the work allotted has been physically completed 100% at the site. The said information has also been provided to Regional Office of PPCB, Fatehgarh Sahib by way of separate letter by the Executive Engineer, PWSSB, Ludhiana issued vide no.5813 dated 10.12.2024. The same is enclosed herewith as Annexure-B.

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5. That it is further pertinent to mention here that the Punjab Pollution Control Board is monitoring the STP Khanna of 29 MLD capacity on regular basis and the samples of effluent collected for the month of November 2024 on 18.11.2024 were sent for analysis to the laboratory of the Board at Patiala. As per the water analysis report issued on 29.11.2024 by the Water Laboratory of the Punjab Pollution Control Board, Patiala, the analysis results were found within the prescribed standards. A copy of the water analysis report issued vide letter endorsement no. 3008284 dated 03.12.2024 by the laboratory of the Punjab Pollution Control Board is enclosed as Annexure-C.”

¶218

Learned Amicus Curiae filed written submissions dated 17.12.2024 (pages no. 451 to 455 of the paper book) containing a chart giving details of the industries having waste water generation and/or having trade effluent discharge and also mentioned names of nine industries to be proceeded against in the present case.

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This Tribunal considered the matter on 21.01.2025 and observed in

¶220

its order as under:-

¶221

5. Substantial environmental questions involved in the case concern proper maintenance of sewerage line, proper treatment and disposal of domestic sewage and proper treatment and disposal of industrial effluent.

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6. In his report dated 17.12.2024 Amicus Curiae mentioned about 6 industries from which the effluent is collected and disposed by M/s JBR Technologies and three industries which are treating industrial effluent through ETP and reusing/utilizing the treated effluent.

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7. PPCB is directed to file additional reply giving details regarding total quantity of effluent generated by each of the nine industries mentioned in the report dated 17.12.2024 of the Amicus Curiae; the manner in which effluent is stored by six industries till the same is collected by M/s JBR Technologies; the

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manner which the effluent is collected and disposed of by M/s JBR Technologies and efficacy of treatment of effluent through ETP by three industries and manner of reuse/utilization of treated industrial effluent by the three industries; the reasons for construction of alleged big well and pumping of industrial effluent in the sewerage line through motors and remedial action already taken/ required to be taken for closing the well and connecting sewerage line and its proper maintenance.

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8. Amicus Curiae is also directed to visit the site and also to submit his report regarding these aspects.”

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Vide order dated 21.01.2024 this Tribunal also impleaded M/s. JBR Technologies as respondent no. 54 and required respondent no. 54 to file its response with copies of the relevant log books and satellite data regarding movement of GPS fitted vehicles use for collection of effluent from Khanna. This Tribunal also ordered for personal appearance of the Executive Officer, Municipal Council, Khanna.

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Additional reply dated 27.02.2025 (pages no. 456 to 463 of the paper book) was filed by respondent no. 2-PPCB. The relevant part of the submissions dated 27.02.2025 filed by respondent no. 2-PPCB is reproduced below:-

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“ Additional reply of Punjab Pollution Control Board through Er. Kamal Singla, Environmental Engineer, Regional Office, Sri Fatehgarh Sahib, in compliance of order dated 21.01.2025.

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X X X X

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2. That after consideration of the report dated 17.12.2024 of the Amicus Curiae in the present case, the Hon'ble Tribunal was pleased to pass an order dated 21.01.2025 thereby directing the Punjab Pollution Control Board to file an additional reply giving the details as mentioned in paragraph 7 of the order, which is reproduced herein below for kind perusal and reference of this Hon'ble Tribunal.

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"PPCB is directed to file additional reply giving details regarding total quantity of effluent generated by each of the nine industries mentioned in the report dated 17.12.2024 of the Amicus Curiae;

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the manner in which effluent is stored by six industries till the same is collected by M/s JBR Technologies; the manner which the effluent is collected and disposed of by M/s JBR Technologies and efficacy of treatment of effluent through ETP by three industries and manner of reuse/utilization of treated industrial effluent by the three industries; the reasons for construction of alleged big well and pumping of industrial effluent in the sewerage line through motors and remedial action already taken/ required to be taken for closing the well and connecting sewerage line and its proper maintenance."

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3. That in compliance to order dated 21.01.2025 of this Hon'ble Tribunal, it is submitted that out of 09 industries mentioned by the Amicus Curiae in its report dated 17.12.2024, 06 industries are generating trade effluent from electroplating process whereas 03 industries are treating the trade effluent in their captive effluent treatment plants. 4. That it is relevant to mention here that the effluent generated by the 06 industries through electroplating process is collected by M/s JBR Technologies Pvt. Ltd., Ludhiana for treatment in the common effluent treatment plant installed at Ludhiana which is based on Zero Liquid Discharge Technology. Out of the 06 industries, one industry has been closed permanently and dismantled its machinery and one unit has been closed on temporary basis whereas remaining 04 units are operational at the sites. The status of 06 industries Electro Plating / pickling industries with regard to generation, storage, treatment and disposal of industrial and domestic effluent as well as operational status may kindly be perused in Annexure-A.

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5. That the remaining 03 industries are solvent units and are having their own captive effluent treatment plants. Out of the 03 industries, one industry has been closed on temporary basis and the remaining two industries are operational at the sites. The status of 03 solvent units with regard to the generation, treatment and disposal of industrial and domestic effluent may kindly be perused in Annexure-B.

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6. That in further compliance to the order dated 21.01.2025 of this Hon'ble Tribunal, it is submitted that a well (Tank) of 24 feet depth has been constructed by Punjab Water Supply and Sewerage Board (PWSSB) in the premises of focal point area of Khanna city to collect the domestic effluent of the industrial units as the area is a low-lying area and the domestic effluent cannot be directly sent to the STP through the sewer pipeline. The sewage collected in the well is immediately pumped through Intermediate Pumping Station (IPS) into the sewer line leading to Sewage Treatment Plant of capacity 29 MLD for treatment and disposal.”

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Learned Amicus Curiae filed report (pages no. 464 to 798 of the paper book) of inspection done on 03.03.2025 in pursuance of order dated 21.01.2025 passed by this Tribunal. The relevant part of the report reads as under:-

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“REPORT OF INSPECTION DONE BY THE AMICUS CURIAE ON 03.03.2025 IN PURSUANCE OF ORDER OF THE HON’BLE TRIBUNAL DATED 21.01.2025

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X X X X

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2. That in deference of the abovementioned directions, the undersigned Amicus Curiae visited and inspected the site and the nine industries referred to in the order dated 21.01.2025 on 03.03.2025 along with Mr. Saurabh Yadav advocate, Mr. Sanatpreet Singh SDO PPCB, Mr. Malkeet Singh SDO PPCB and Ms. Pritpal Kaur Assistant Environment Engineer PPCB. (Ms. Pritpal Kaur joined the inspection for three industries namely Sanjay Solvex Pvt. Ltd., Sanjiv Oils & Fats (formerly Sanjiv Agro Pvt Ltd) and Markfed Vanaspati & Allied Industries and Mr. Malkeet Singh had taken leave during inspection of the aforementioned industries.) The inspection started at 11.30 am and ended at 5.15 p.m.

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3. That the inspection report is as under:

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A. Kay Bee Industries:

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i. We were met there by the Proprietor Mr. Dev Krishan Dhand. The said industry was in operation doing pickling and it was informed that they have stopped electroplating operations long back. Only pickling operations are being done now. They use Sulphuric acid for the pickling operations and not all the raw material requires pickling.

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ii. They store their trade effluent ‘Sulphuric Spent Acid’ in two tanks of capacity of 3000 ltr each kept in their premises. However, monthly approximately 2000 ltr to 2500 ltr trade effluent is generated. Photographs of the industry including the two tanks kept for storing the trade effluent are collectively annexed herewith and marked as Annexure No.1.

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iii. They have entered into an agreement with M/s JBR Technologies Ltd., a CETP to lift their trade effluent upto 12000 ltrs per month from their premises. A copy of the said agreement dated 07.09.2021 is annexed herewith and marked as Annexure No.2.

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The term of the said agreement stands expired, however it was informed that renewal agreement is under process

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and the trade effluent is still being lifted by JBR Technologies.

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The copies of the tax invoices raised by JBR Technologies for last one year are annexed herewith and marked as Annexure No.3.

¶252

The copies of Hazardous Waste Manifest for last one year are annexed herewith and marked as Annexure No.4. The copies of the log book maintained by the industry of the effluent trade being lifted by JBR Technologies are annexed herewith and marked as Annexure No.5.

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B. Gaurav Steels:

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i. We were met there by the Proprietor Mr. Gaurav Dhand. The said industry was not into operations because of lunch hours. It was informed that they are doing only pickling operations. They use Sulphuric acid for the pickling operations and not all the raw material requires pickling as they are largely procuring raw material already undergone the process.

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ii. They store their trade effluent ‘Sulphuric Spent Acid’ in two tanks of capacity of 3000 ltr and 2000 ltr in their premises. It was seen that one of the tank was dry and the other had some effluent. Photographs of the industry including the two tanks kept for storing the trade effluent are collectively annexed herewith and marked as Annexure No.6.

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iii. They have entered into an agreement with M/s JBR Technologies Ltd., a CETP to lift their trade effluent upto 6000 ltrs per month from their premises. A copy of the said agreement dated 18.06.2024 is annexed herewith and marked as Annexure No.7. The copies of the tax invoices raised by JBR Technologies for last one year are annexed herewith and marked as Annexure No.8.

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The copies of Hazardous Waste Manifest for last one year are annexed herewith and marked as Annexure No.9. The copies of the log book maintained by the industry of the effluent trade being lifted by JBR Technologies are annexed herewith and marked as Annexure No.10.

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C. A-One Enterprises:

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i. The said industry had dismantled and left the premises i.e. D-4-41, Focal Point Khanna. We were met by the owner of the premises who runs a cattle feed plant manufacturing industry namely Sohal Engg. Works. There was no trade effluent generation visible in that industry. It was informed by him that A-One Enterprises had left the premises in November 2024 and he also produced a letter agreement given by A-One Enterprises to him dated 21.08.2024 wherein it is stated in Punjabi vernacular that it would leave the premises by 15.11.2024. The copy of the said letter is annexed herewith and marked as Annexure No.11.

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D. Jasbir Industries:

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i. We were met by Mr. Loveneet Singh, the Proprietor of Jasbir Industries. The operations at the industry was not going on as lunch hour was on. They employ electroplating process for its industrial work.

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ii. They store their trade effluent 6 tanks of capacity of 1000 ltr each in their premises. Photographs of the industry including the six tanks kept for storing the trade effluent are collectively annexed herewith and marked as Annexure No.12.

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iii. They have entered into an agreement with M/s JBR Technologies Ltd., a CETP to lift their trade effluent upto 10000 ltrs per month from their premises. A copy of the said agreement dated 12.03.2023 is annexed herewith and marked as Annexure No.13.

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The copies of the tax invoices raised by JBR Technologies for last one year are annexed herewith and marked as Annexure No.14.

¶266

The copies of receipts issued by JBR Technologies Ltd. qua effluent received for last one year are annexed herewith and marked as Annexure No.15.

¶267

The copies of the log book maintained by the industry of the effluent trade being lifted by JBR Technologies are annexed herewith and marked as Annexure No.16.

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Copy of the Account qua JBR Technologies Ltd. of Jasbir Industries for the Year 01.04.2024 upto 03.03.2025 is annexed herewith and marked as Annexure No.17.

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E. Davinder Industries:

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i. We were met by Mr. Kapoor Chand, the proprietor of Davinder Industries. They are into manufacturing sewing machine parts. It was into operations. They were reusing the effluent for their process and the effluent left over was stored into underground tanks. There were 3 underground tanks. It was informed that one of the tank was broken and only two were being utilized for storing the trade effluent.

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ii. Photographs of the industry including the apparatus for reusing the effluent and the three underground tanks kept for storing the trade effluent are collectively annexed herewith and marked as Annexure No.18.

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iii. They have entered into an agreement with M/s JBR Technologies Ltd., a CETP to lift their trade effluent upto 4000 ltrs per month from their premises. A copy of the said agreement dated 20.01.2023 is annexed herewith and marked as Annexure No.19.

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The copies of the tax invoices raised by JBR Technologies for last one year are annexed herewith and marked as Annexure No.20.

¶274

The copies of receipts issued by JBR Technologies Ltd. qua effluent received for last one year are annexed herewith and marked as Annexure No.21.

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The copies of the log book maintained by the industry of the effluent trade being lifted by JBR Technologies are annexed herewith and marked as Annexure No.22.

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Copy of the Account qua JBR Technologies Ltd. of Davinder Industries for the Year 01.04.2023 upto 07.12.2024 is annexed herewith and marked as Annexure No.23.

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F. Dev Steel Industries:

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i. The said industry was temporary closed and no worker was also present. It was informed by a rag picker close by that no one had turned up for last 15 days. Two underground tanks were noticed outside the premises. It was requested Mr. Sanatpreet Singh, SDO PPCB to arrange and provide documents relating to disposal of trade effluent by the industry. The same have been provided which are detailed as under.

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ii. Photographs of the industry including the two underground tanks for storing the trade effluent are collectively annexed herewith and marked as Annexure No.24.

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iii. They have entered into an agreement with M/s JBR Technologies Ltd., a CETP to lift their trade effluent upto 8500 ltrs per month from their premises. A copy of the said agreement dated 27.02.2023 is annexed herewith and marked as Annexure No.25.

¶282

The copies of the tax invoices raised by JBR Technologies for last one year are annexed herewith and marked as Annexure No.26. The copies of receipts issued by JBR Technologies Ltd. qua effluent received for last one year are annexed herewith and marked as Annexure No.27. The copies of the log book maintained by the industry of water meter of the zinc section from Aril 2024 onwards are annexed herewith and marked as Annexure No.28.

¶283

G. Markfed Vanaspati & Allied Industries:

¶284

i. We were met by the Production Manager Mr. Abhishek Kumar. it was informed that it is a government undertaking and has been in operation since 1971 and has about 20 acres of land area. It was informed and seen that manufacturing operations of Vanaspati was closed. Only refined oil outsourced from other entities were being filled (repacked) in consumer packs. Photographs of the unit including the repacking of outsourced oil are collectively annexed herewith as Annexure No. 29.

¶285

ii. It was also informed that manufacturing of Vanaspati is done only for very few days in a month and about 7075% of the volume is outsourced. To validate the veracity of the same, copy of allotment of tenders for outsourcing of Vanaspati dated 10.08.2024 is annexed herewith and marked as Annexure No. 30.

¶286

iii. The manufacturing was last done from 14^th Jan 2025 to 20^th Jan 2025. They inform the authorities whenever they start and start operations. Copies of one such communication dated 15.01.2025 and 20.01.2025 are annexed herewith and marked as Annexure No. 31.

¶287

O.A. No. 47/2024 Gen Secretary Industrial Focal Point Welfare Association Vs. State of Punjab & Ors. 28

¶288

iv. An ETP cum STP of 140 KLD capacity was found operational. Water was being circulated in the same and then it was being reused for cooling towers. It was informed that no water is used in the process. When in operations, 25KLD water is used in which major portion is the water which is flushed from the softner of the boiler and some portion is of water from washing the plant. It was further informed that there is no sewerage connection and the domestic sewer is also sent to ETP cum STP. It was told that being a government undertaking they are mandated to be compliant at all times and therefore, the ETP is functional 24 hours a day. Quarterly testing of the treated samples of ETP is also done. Copies of the latest two such test report are annexed herewith and marked as Annexure no. 32.

¶289

Copy of the log book of one year for ETP Meter reading and also for Disposal Water reading of ETP are annexed herewith and marked as Annexure No. 33 and Annexure No. 34 respectively.

¶290

The water from the ETP is taken by a pipeline and utilized to maintain green belt within the premises of approx. 2 acres. The same is evident in the photographs of the unit as annexed above.

¶291

H. Sanjay Solvex Pvt. Ltd.:

¶292

i. We were met by Mr. Rajneesh Khanna, the Director of the industry. They manufacture Rice Bran Oil and Poultry Oil. The unit qua manufacturing of rice bran oil was in operation. It was informed that no chemical process was involved and only water was consumed in the manufacturing process. 15000 ltr to 20000 ltr water is consumed per day. It was informed that because of the process involved, there is no trade effluent as such but only water. The said water is sent to the ETP, which was seen operational in the premises. From the said ETP the water is recirculated in the cooling tower. It was informed that it is a Zero Liquid Discharge unit. Since there is no discharge, no records are maintained. It was advised that water meter be installed for the ETP and records of the same be maintained. Photographs of the unit including the ETP are collectively annexed herewith and marked as Annexure No.35.

¶293

ii. The unit had ground water extraction from the concerned authority valid from 09.01.2025 and valid upto 08.01.2028. A copy of the said permission is annexed herewith and marked as Annexure No. 36.

¶294

iii. Copy of logbook of water consumption since January 2025 are annexed herewith and marked as Annexure No. 37.

¶295

I. Sanjiv Oils & Fats (formerly Sanjiv Agro Pvt Ltd) :

¶296

i. We were met by Mr. Jaininder Kumar, Partner of the unit. They manufacture Rice Bran oil where the hexane is removed by steam to extract the oil. The steam is then condensed to water which is sent to ETP and from there it is reused in the cooling tower. The unit was operational.

¶297

O.A. No. 47/2024 Gen Secretary Industrial Focal Point Welfare Association Vs. State of Punjab & Ors. 29

¶298

Photographs of the unit including the ETP are collectively annexed herewith and marked as Annexure No. 38.

¶299

ii. The unit has permission for ground water extraction valid from 30.09.20204 till 29.09.2027. A copy of the said permission is annexed herewith and marked as Annexure No. 39.

¶300

iii. Copies of the log book of water meter reading of the ETP from 01.04.2024 onwards are annexed herewith and marked as Annexure No. 40.

¶301

J. The man made well and the surrounding area:

¶302

i. That the present application was filed being aggrieved by overflowing of effluent from the man made well at Industrial Focal Point Khanna and resultant stagnation of water for a very long period of time. This had occurred due to the sewer lines being chocked and no effluent could be pumped in it. The whole area near the said well was submerged in the overflown effluent/water. The said area was inspected. It was found that the area surrounding the well was dry and there was no stagnation. The well was also only partially full. A water pump operator for the water supply line was also present at site who informed that the pump for pumping the effluent to the main sewerage line is operated regularly at night about 10.00 pm. There are two pumps. One pump generally takes upto 30 mins and if both are operated, it only takes 15 mins to pump the effluent to main sewerage line. It was also inquired as to why the well was needed and it was informed by the PPCB officials that the Industrial Focal Point Area was a low-lying area and the main sewerage line which carries the sewerage to the STP approx. 5-6 kms away was relatively high, at an elevated topography and therefore the domestic sewerage was necessarily to be collected and pumped out to the main sewerage line. Thus, the man made well was a necessity for collecting the domestic sewerage and pumping out the same to the main sewerage line. It was further informed that now since the sewer lines were cleaned and desilted, there was no obstruction anymore and resultantly no more stagnation. Photographs of the said area including the photo of the well are annexed herewith and marked as Annexure No. 41.

¶303

That during the inspection it was noticed that the domestic sewer lines from the units inspected were not in close proximity with the storage tanks and no trace was found of trade effluent being discharged in the sewer connection.”

¶304

Reply dated 15.04.2025 (pages no. 799 to 825 of the paper book) was

¶305

filed by respondent no. 54- M/s. JBR Technologies Ltd. The relevant part

¶306

O.A. No. 47/2024 Gen Secretary Industrial Focal Point Welfare Association Vs. State of Punjab & Ors. 30

¶307

of the reply dated 15.04.2025 filed by respondent no. 54- M/s. JBR

¶308

Technologies Ltd. is reproduced below:-

¶309

“REPLY ON BEHALF OF RESPONDENT NO.54, JBR TECHNOLOGIES LIMITED

¶310

X X X X

¶311

6. That the answering Respondent have a Common Effluent Treatment Plant (CETP) with Zero Liquid Discharge System (ZLD) at D-260-261, Phase-8, Focal Point, Ludhiana, Punjab. The capacity of the CETP is 800 KLD for treatment of effluent produced as waste by electroplating, Chrome plating, Nickel plating, Zinc plating and other such allied industries.

¶312

7. That the plant of the answering Respondent is operated under the control of a SPV known as Ludhiana Effluent Treatment Society (LETS). The said LETS have 6 elected members and other members from the Govt. of Punjab departments with Director of industries and Commerce, Govt. of Punjab as Ex officio Chairman of LETS. Hence, the said plant is operated strictly in compliance of the government norms and guidelines abiding within the statutory provisions.

¶313

8. The answering Respondent collects the untreated trade effluent from the contracted industries through its dedicated vehicles having acid proof tanks. Each vehicle of the answering Respondent is provided with a submersible pump. The contracted industries have acid proof underground tanks, the dedicated vehicles of the answering Respondent though its submersible pumps collects and lifts the untreated trade effluent which is then transported to the plant of the answering Respondent for treatment and disposal.

¶314

9. That there are industries situated since very long in a various part of State of Punjab. It is practically and economically not possible to convey the untreated trade effluent through dedicated underground pipeline system. Futher, as untreated trade effluent produced by each unit/ industries is in small quantity it is also not be feasible to sent it to CETP by pipelines. Hence, it was decided by the authorities that the answering Respondent deploye dedicated vehicles for lifting and transportation of effluent from various industries/ units to CETP Ludhiana, Punjab.

¶315

O.A. No. 47/2024 Gen Secretary Industrial Focal Point Welfare Association Vs. State of Punjab & Ors. 31

¶316

10. That all the vehicles of company have been provided with GPS system (Global Positioning System). The information of portal of GPS is already been shared with PPCB authorities. A true copy of the GPS details of the lifting of the effluent from the six industries is ANNEXURE R-1

¶317

11. That after lifting untreated trade effluent from the industries/ units, manifest/slip for lifted quantity of untreated trade effluent is issued to them and a copy of the same is kept by the answering Respondent for future records. The monthly record of lifting of effluent from each industries/ unit is submitted by the answering Respondent to the Punjab Pollution Control Board (PPCB) for its information and necessary action.

¶318

12. That it is pertinent to mention here that after receiving the effluent at CETP, it undergoes following processes:

¶319

a) The effluent is received from the vehicles under gravity into the collection tank. There after it is transferred into the equalization tank. As the effluent is received from different industries with different composition, so to avoid the jerks during chemical radiation, the effluent if made homogeneous into equalization tank.

¶320

b) After equalization tank the effluent is taken to reaction tank where chemical like Sodium Meta Bi Sulphite, Lime and Poly-electrolyte are added to convert the metals into respective salts in the form of flocks (sludge).

¶321

c) The chemically reacted solution is made to pass through tube settlers where the flocks settled down at the bottom to form sludge whereas the clear water is received at the top which is sent to other process for treatment. The sludge collected at bottom is finally collected in sludge thickener where it is thickened under gravity and is dewatered and collected with the help of centrifugal machines and is allowed to dry in sludge drying beds. The sludge is finally sent to govt. facility TSDF at Nimbua Green Fields Derabassi near Chandigarh for final treatment and disposal.

¶322

d) The clearer water from the tube settler is taken to clarifier where the final minute particles of the sludge are settled.

¶323

e) After clarifier the water is sent to sand filters and activated carbon filters where filtration and adsorption of

¶324

O.A. No. 47/2024 Gen Secretary Industrial Focal Point Welfare Association Vs. State of Punjab & Ors. 32

¶325

suspended particles takes place. The water gets clearer and turns colorless and odorless.

¶326

f) After filtration the water is received at Anion & Cation unit where the water passes through positive & negative charges resigns and thus the hardness of the water is removed here.

¶327

g) Finally, the water is made to pass through RO membranes where final filtration for removal of TDS takes place. The TDS of water comes within 300-600 mg per liter with final pH value between 7-8.

¶328

h) The RO treated water is filled in tankers and is used for plantation, gardening, construction work, parks and other similar works.

¶329

i) The RO reject is sent to Multi Effect Evaporator where the reject is heated with the help of thermopack unit. The steam so produced is cooled down to form water which is also mixed with the RO treated water (permeate).

¶330

j) Thus, the effluent once received from the industries is either made useable for various purposes as described above and the remainder is received at sludge which is sent to Nimbua Green Field Derabassi for final disposal. So, the complete incoming effluent is completely treated into permeate and sludge. And no content of it is discharged anywhere in raw form or nothing remains at the plant. Hence, the plant achieves Zero Liquid Discharge.”

¶331

In compliance of order dated 05.03.2025, Mr. Charanjit Singh, E.O., M.C., Khanna appeared physically before this Tribunal on 17.04.2025 and informed this Tribunal that the remedial measures have been taken and the sewerage system had been appropriately cleaned to remove all blockages.

¶332

Rejoinder dated 15.05.2025 (page no. 826 of the paper book) was filed by applicant. The relevant part of the rejoinder dated 15.05.2025 filed by the applicant is reproduced below:-

¶333

O.A. No. 47/2024 Gen Secretary Industrial Focal Point Welfare Association Vs. State of Punjab & Ors. 33

¶334

“ X X X X

¶335

Our original complaint (Aug 12, 2023) was against municipal council, Khanna against improper working to pump out sewerage effluents from a well to main sewerage line of the city. The copies were sent to Honorable NGT, along with other concerned departments viz. Local Bodies department, PPCB; Municipal Council, Khanna, etc.

¶336

Our association is highly grateful & thankful to Honorable NGT taking Suo Moto notice of our complaint. All the concerned department viz. Local Bodies department, PPCB; Municipal Council, Khanna acted upon to take necessary actions so that sewerage effluents may not spill on the grounds.

¶337

Municipal council, Khanna deposited about Rs.35.00 Lakh & engaged sewerage board Punjab to clean the entire sewerage lines laid down in Industrial Focal Point, Khanna. Sewerage board further made some changes to pump out sewer effluents in such a way that pumps now directly send sewerage effluents to main sewer line. There is no overflow of sewer effluents on the grounds.

¶338

I, Vinod Kumar Gen. Sec. of Industrial focal point welfare association (Complainant) is fully satisfied by the action taken by municipal council Khanna. Our association is also thankful to worthy & Honorable NGT for their kind action in mobilising the concerned departments who taking it in a positive way for solving this problem. So now there is no grievance of our association against municipal council, Khanna or any other department.”

¶339

We have heard submissions made by Mr. Abhishek Yadav, learned Amicus Curiae; Mr. Divyam Nandrajog, AAG with Mr. Prakhyat Gargasya and Mr. Jai Singh Rawat, learned Counsels for respondent no. 1; Ms. Atika Singh, proxy Counsel for Ms. Richa Kapoor, learned Counsel for respondent no. 2; Mr. Mohit Bhardwaj and Mr. Karan Sharma, learned Counsels for respondent no. 3; Mr. Rahul Meena and Ms. Rajnandini, learned Counsels for respondent no. 4; Mr. Ankit Siwach, learned Counsel for respondents no. 5 to 21, 23 to 31, 33 to 35 and 37 to 53 (through VC) and Mr. Gaurav Agarwal, learned Counsel for respondent no. 54 (through VC) and we have gone through the material on record carefully.

¶340

O.A. No. 47/2024 Gen Secretary Industrial Focal Point Welfare Association Vs. State of Punjab & Ors. 34

¶341

Vide order dated 18.07.2025 the respondents were given opportunity to file written submissions and in compliance thereof written submission dated 24.07.2025 (pages no. 827 to 830 of the paper book) were filed by respondent no. 1-State of Punjab. The relevant part of the written submissions filed by the respondent no. 1-State of Punjab is reproduced below:-

¶342

“WRITTEN SUBMISSIONS ON BEHALF OF RESPONDENT NO. 1/STATE OF PUNJAB PURSUANT TO ORDER DATED 18.07.2025

¶343

X X X X

¶344

4. The position that emerges from the said filings is that of the 49 existing industries in the area, only 9 generate effluent, as stated by the PPCB in paragraph 4 of its reply dated 09.08.2024 (pages 33-36 of the judicial record). The said reply further stated, in paragraph 5, that no industrial unit is discharging industrial waste water into the sewer line except domestic sewage.

¶345

5. That Municipal Council, Khanna, in paragraph 1 of its reply dated nil (affidavit affirmed on 16.12.2024) (pages 425-431 of the judicial record), has relied on a letter dated 02.12.2024 (pages 432-433 of the judicial record) to state that the work of desilting/cleaning of existing sewer lines and 250 mm i/d DIK9 rising main in various streets in and around Focal Point, Khanna Town, Ludhiana is 100% complete.

¶346

6. The PPCB in paragraph 4 of its reply dated 13.12.2024 (pages 442-444 of the judicial record) stated that the site in question was visited by their officer on 04.12.2024 and the stagnation caused earlier had also been removed and 100% work of desilting of sewer line and cleaning of intermediate pumping station has been completed. In paragraph 5 of the same reply, the PPCB further sampled the effluent in November 2024 from STP Khanna (29 MLD capacity), and the water analysis report showed that the sample was within prescribed standards.

¶347

7. The Ld. Amicus Curiae, in his submissions dated 04.03.2025 (pages 470-479 of the judicial record) has detailed his inspection of the site and relevant industries and clearly stated, at the end of paragraph 3, that “domestic sewer lines were not in close proximity with the storage tanks and no

¶348

O.A. No. 47/2024 Gen Secretary Industrial Focal Point Welfare Association Vs. State of Punjab & Ors. 35

¶349

trace was found of trade effluent being discharged in the sewer connection."

¶350

8. The applicant, in its rejoinder submission (page 826 of the judicial record), has further stated that “there is no overflow of sewer effluent on the grounds” and they are “fully satisfied by the action taken by Municipal Council Khanna”.

¶351

It is evident from reply dated 16.12.2024 filed by respondent no. 3- Municipal Council, Khanna that the work of Desilting/cleaning of existing sewer lines and 250 mm i/d DIK9 rising main in various streets by mechanized system using Super/Sucker/drilling machine including, disposal of silt up to 5 Km, dismantling of road, providing, laying, jointing, cutting and resting of 200 mm o/d UPVC pipe and all other works contingent thereto at Focal Point, Khanna Town allotted vide letter dated 20.06.2024 had been completed and now there is no stagnation of water. Respondent no. 2-PPCB monitored 29 MLD STP on regular basis and the samples of effluent collected for the month of August 2024 on 02.08.2024 were found within the prescribed standards.

¶352

In his report Learned Amicus Curiae has mentioned that overflowing of effluent from the man made well at Industrial Focal Point Khanna and resultant stagnation of water had occurred for a very long period of time due to the sewer lines being chocked and no effluent could be pumped in it and the whole area near the said well was submerged in the overflown effluent/water. On inspection the area surrounding the well was found to be dry and there was no stagnation. The well was also only partially full. Water pump operator for the water supply line present there informed him that the pumps for pumping the effluent to the main sewerage line are operated regularly at night about 10.00 pm. The PPCB officials informed him that the Industrial Focal Point Area was a low-lying area and the main

¶353

O.A. No. 47/2024 Gen Secretary Industrial Focal Point Welfare Association Vs. State of Punjab & Ors. 36

¶354

sewerage line which carries the sewerage to the STP approx. 5-6 kms away was relatively high, at an elevated topography and therefore the domestic sewerage was necessarily to be collected and pumped out to the main sewerage line and the man made well was a necessity for collecting the domestic sewerage and pumping out the same to the main sewerage line. Learned Amicus Curiae has also mentioned that the sewer lines were cleaned and desilted and there was no obstruction anymore and resultantly no more stagnation. Learned Amicus Curiae has also mentioned that during the inspection it was noticed that the domestic sewer lines from the units inspected were not in close proximity with the storage tanks and no trace was found of trade effluent being discharged in the sewer connection.

¶355

Respondent no. 54-M/s. JBR Technologies Ltd. has given details regarding Common Effluent Treatment Plant (CETP) with zero liquid discharge system being operated by it and deployment of GPS fitted vehicles for lifting untreated trade effluent from the concerned industries and processing of the same at the above said CETP.

¶356

The applicant has admitted in its rejoinder that Municipal council, Khanna deposited about Rs.35.00 Lakh and engaged sewerage board Punjab to clean the entire sewerage lines laid down in Industrial Focal Point, Khanna; that sewerage board further made some changes to pump out sewer effluents in such a way that pumps now directly send sewerage effluents to main sewer line; that there is no overflow of sewer effluents on the grounds and that now the Industrial Focal Point Welfare Association has no grievance.

¶357

O.A. No. 47/2024 Gen Secretary Industrial Focal Point Welfare Association Vs. State of Punjab & Ors. 37

¶358

In view of the above no further order is required to be passed, in the present Original Application which is disposed of accordingly.

¶359

Arun Kumar Tyagi, JM

¶360

Dr. Afroz Ahmad, EM

¶361

November 06^th , 2025 R

Gen Secretary Industrial Focal Point Welfare Association vs

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Gen Secretary Industrial Focal Point Welfare Association vs

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