Disposed

Haidar Ali v. the Secretary Rajasthan State Pollution Control Board

NGT19 Aug 2026Original Application No. 256/2024

Case brief

AI extract

What is this about?

The Tribunal disposed of an application challenging pollution in Alwar, Behror, and Bhiwadi industrial areas. It directed a task force to monitor industrial units, ensure connection to Common Effluent Treatment Plants, and impose penalties for unauthorised untreated water discharge.

What did the court decide?

Directions to District Task Force and State PCB to monitor units, ensure connection to CETP, and take action on unauthorised discharge.

Haidar Ali vs the Secretary Rajasthan State Pollution… — Environment and Pollution | NGT (2026)

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Item No.04

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BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)

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Original Application No.256/2024(CZ)

Haider Ali

Applicant(s)

Vs.

Rajasthan State Pollution Control Board & Ors.

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Respondent(s)

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Date of Hearing: 19.08.2026

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CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON’BLE MR. PRASHANT GARGAVA, EXPERT MEMBER

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For Applicant (s): Mr. Haider Ali, (in-person)

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For Respondent(s) : Mr. Rohit Sharma, Adv. for State of Rajasthan Mr. Vaibhav Thakuria, Adv. for R1,5 & 8 Mr. Om Shankar Shrivastava, Adv. for R-2,3,4 & 7

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ORDER

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This application has been filed with the following prayer: -

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A. Direct the authorities to levy penalties on the factories situated in industrial region of Alwar, Behror and Bhiwadi as they may cause loss to the public at large in these areas already has low groundwater level.

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B. Take a Strict action against the regional pollution department officer and other RIICO management authorities i.e., respondent no.2,3,4 and 7 of Behror, Bhiwadi and Alwar for acting negligently against the factory owners who are dumping their harmful waste in the Bandhs and local areas.

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C. Direct the respondent no.1 to make a ground inspection of factories which are polluting these bandhs and take necessary steps in this regard and submit its report before this Hon’ble Court.

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D. Penalise all the respondents for causing pollution in the 11 bands which is connected to Hams Sarovar Reservoir.

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O.A. No.256/2024(CZ) Haider Ali Vs Rajasthan State Pollution Control Board & Ors.

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This petition is based on the news reporting and on basis of that the applicant has contended that the factories in Chaupanki and Kehrani Industrial area of Behror are dumping pollutants in the local drainage area i.e. 11 bandhs flowing through Sahdor, Bilahedi, Bandapur, Chelaki, Kehrani, Mundeana, Maiv and Amlaki. The article also highlighted the fact that due to dumping of these harmful liquid pollutants in the local bandhs the villagers are facing lots of problem. However. despite several complaints raised before the pollution department and the regional officer of State Pollution Control Board the officers are reluctant in taking appropriate measures in this regard.

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The applicant had also come across the local authorities of Alwar, Behror and Bhiwadi in collusion with owners is allowing the harmful pollutants to get dumped in local bandhs. Further, it was also acknowledged that these harmful pollutants are entering the Hans Sarovar reservoir through these bandhs thereby affecting the public health at large.

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It is further submitted that districts of Alwar comes under the overexploited zone and demarcated as dark zone as the groundwater rules.

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The grievance of the applicant is damage to the environment and prayer to take necessary action according to rules against violating industries. Notices were issued to the respondent directing to submit the reply and action taken report.

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Reply has been filed and the State PCB has filed the action taken report. We have heard learned counsel for the parties and perused the record.

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Learned counsel Advocate OM Shrivastava for respondent No.2,3,4 and

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7 Rajasthan State Industrial Development and Investment Corporation

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O.A. No.256/2024(CZ) Haider Ali Vs Rajasthan State Pollution Control Board & Ors.

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has argued that RIICO administer the development and management of the industrial areas. Physical infrastructure development includes roads, power, street light, water supply, drainage, etc. along with provisions for basic social infrastructure. However, it is the responsibility of industrial units causing pollution i.e. SPV of beneficiary industries for establishment, operation & maintenance of CETP laying of effluent conveyance system, conveyance network for supply of treated water for reuse by the industries

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The testimony to this fact of the clause 4 of the Lease Agreement (Under Rule of 11 of RIICO Disposal of Land Rules-1979) signed by RIICO with various entrepreneurs which says that:

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“4. Environmental Management and Pollution control

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measures

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4(a):- The Lessee shall obtain all requisite clearance/consent/approval authorisation from the competent authority (s) such as MoEF&CC, SEIAA, Rajasthan CPCB, RSPCB, CGWA etc. for the project/activity in the demised premise and get them renewed from time to time as prescribed by issuing authority. The Lessee shall submit copy of these clearance/consent/ approvals to the Lessors within 30 days from the date of its issuance. The Lessee shall also observe and comply with the terms and conditions so imposed by aforesaid authorisation and shall also strictly adhere the guidelines/ directions/orders issued from time to time in this regard.

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4(b):- That the Lessee shall strictly adhere all relevant provisions of laws in force in the country pertaining to prevention & control of pollution and protection of Environment, applicable on the project to be implemented by the Lessee on the demised premises.

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4(c):- That the Lessee shall also under obligation to comply with the directions orders, judgments, etc. given by any

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O.A. No.256/2024(CZ) Haider Ali Vs Rajasthan State Pollution Control Board & Ors.

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court of law including National Green Tribunal or any other agency of the Central/State Government from time to time regarding prevention & control of pollution and protection of Environment, applicable on the Lessee.

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4(d):- The Lessee should take all necessary measures required for prevention control and abatement of air pollution in order to maintain wholesomeness of nature environment.

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4(e):- The Lessee should follow of measures as notified in Graded Response Action Plan through Environment pollution (Prevention & Control) Authority vide S.O. 118E dated January 12, 2017 as contained in Gazette notification dated 12.01.2017. SPV for CETP infrastructure and solid waste (Hazardous and nonHazardous) disposal system (SWDS)

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4(f):- The lessee shall mandatorily become a member of SPV (Special Purpose Vehicle) created under the Companies Act 1956 or 2013, as per case may be for setting up and operation and maintenance and further up gradation of the CEТР Infrastructure and Solid Waste (Hazardous and Non Hazardous) Disposal System (SWDS) or any other measures required for abating and type of pollution. CETP infrastructure includes Common Effluent Treatment Plant (CETP), internal conveyance system of the industrial area/effluent conveyance system from industrial units to CETP, treated water re-circulation system from CETP back to concerned industrial units, reject management system and other related equipment such as effluent measuring flow meter/essential sensors for measurement of desired quality and quantity parameters, SCADA system etc. The Lessee shall ensure primary/pre-treatment of effluent in its premise up to the inlet CETP standards as prescribed by RSPCB/CPCB/SPV before discharging the effluent into the conveyance system joining the CETP.

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4(g):- That all the Capital & Revenue expenses relating to acquisition of land for CETP, construction and operation and maintenance of CETP infrastructure & SWDS shall be borne

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O.A. No.256/2024(CZ) Haider Ali Vs Rajasthan State Pollution Control Board & Ors.

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by the Lessee being member of the SPV in the proportion as decided by the Board of Directors of such SPV or any other competent authority in this regard.

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4(h):- The Lessee shall abide by all the terms and conditions imposed by the concerned authorities in Environment Clearance/Consent to Establish/Consent to Operate/CGEA approval obtained by RIICO for development of industrial area concerned to the extent of these applicability on the Lessee unit.

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4(i):- That all the Lessee shall not use any space in the industrial area other than designated premises for dumping of all kind of solid waste generated by his industrial unit including product waste/ash/stone cutting waste/ stone slurry/sludge/ rubbish/ debris etc. and shall take all required measures including collection, segregation and recovery or recyclable material before properly disposing it in the designated site.

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Provide, if any space/ site is not designated for dumping of solid waste by the Lessor, then the Lessee shall make appropriate arrangement for the same at his own level. Provided further, if building construction areas in over and above 10,000 sqm, then the Lessee shall have to prepare a plan for complete and comprehensive system of collection of Municipal Solid Waste strictly in accordance with the Solid Waste Management Rules, 2016

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Domestic Wastewater Treatment and Disposal:

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4(j) The Lessee shall construct a Septic Tank/ Sewage Treatment Plant (STP) of appropriate size and design in its premise for treatment/ storage and disposal of generated domestic waste, if any. However, if building construction area is over and above 10,000 sqm, then the Lessee shall have to construct STP on the allotted land/plot.”

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Special Assistance amounting to Rs. 146.00 crore was sanctioned on 11.12.2018 by Govt. of India for "Upgradation of Industrial Effluent

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O.A. No.256/2024(CZ) Haider Ali Vs Rajasthan State Pollution Control Board & Ors.

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Management System of RIICO Industrial Area Bhiwadi" i.e., upgradation of existing 6 MLD Zero Liquid Discharge CETP, Bhiwadi for treatment of effluent being discharged from the industries of industrial area Bhiwadi and thereafter reuse of treated water by the industries. The RIICO has completed and commissioned this project" Up-gradation of existing CETP by installing 6.0 MLD ZLD plant with reject management system including conveyance system to collect effluent from industries and reuse of treated water system at Bhiwadi industrial area including O&M for 10 years" having cost of Rs.174.18crore including O&M charges for 10 years.

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It is further submitted that this project has been handed over to the Special Purpose Vehicle of beneficiary industries of industrial area Bhiwadi i.e., Bhiwadi Jal Pradushan Nivaran Association (BJPNA) by RIICO for further operation & maintenance on 01.02.2024. Subsequently, now this project is being get operated & maintained by BJPNA through Project Executing Agency. The answering respondent/RIICO has allotted land measuring 32383.05 sqm at RIICO I/A Shahdod on token cost to Kaharani Green Treaters Association, SPV for setting up CETP for beneficiary industries located in I/A Kaharani, Chopanki and Pathredi vide allotment letter dated 21.10.2021. Kaharani Green Treaters Association has applied for obtaining required Environmental Clearance from the competent authority. After getting EC, CETP Project will be established by SPV after obtaining financial assistance from scheme of Government of India/Government of Rajasthan.

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The sole contention of the learned counsel are that in accordance with clause 4 of the lease agreement, it is the responsibility of the industrial unit causing pollution i.e. SPV of beneficiary industries for

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establishment, operation and maintenance of the CETP laying of effluent conveyance network for supply of treated water for re-use by the industries.

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Learned counsel for the State PCB has argued that Rajasthan State Pollution Control Board, Alwar has been taking strict actions against the non-complying industries and has time to time constituted several teams vide letters dated 19.03.2024, 12.09.2024 and 11.12.2024 to carry out surprise inspections against the industries in Alwar. It is submitted that the Regional Office, RSPCB, Alwar, in continuation with the efforts already being taken, has specifically conducted the survey of industries located in Matsya Industrial Area (MIA), Alwar in order to check if any industry is discharging its untreated wastewater outside the premises. It is submitted that total of 69 industries were inspected by the teams constituted by the Regional Officer, Alwar. The details of the inspection are as follows:

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A). Total Inspections carried out: 69

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i. Industries found complying - 43

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ii. Industries found closed - 01

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iii. Industries found non-complying – 25

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B). Show cause notice issued - 25

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i. Closure Direction - 01

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ii. Environmental compensation imposed and recovered - 05

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iii. PCM rectified and found under compliance - 01

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iv. Reply under verification - 13

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V. Final show cause notice issued -05

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It is submitted that over the past year, the Regional Office of the Rajasthan State Pollution Control Board (RSPCB) in Bhiwadi received a total of 6 complaints concerning the water pollution in Pathredi, Chopanki and Kaharani areas and all were disposed appropriately by

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O.A. No.256/2024(CZ) Haider Ali Vs Rajasthan State Pollution Control Board & Ors.

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either taking action as per the verification or forwarding to the concerning department for action at their level. It is submitted that, over an extended period, there has been an accumulation of wastewater near Village Shahdod. This accumulation is primarily due to the clandestine discharge of wastewater by industries, compounded by the disposal of domestic wastewater from nearby villages and residential areas such as Chopanki, Shahdod, Bandapur, Bilaheri, Amlakiand Chelaki.

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Furthermore, to increase the vigilance in the area and check for illicit discharge of waste water, vigilance teams have been constituted by Regional Officer, Bhiwadi vide order dated 30.01.2025. The vigilance teams are conducting random checks in the areas of Kaharani, Chopanki, and Pathrediand found 29 units non-compliant of consent conditions or environmental norms and Show Cause Notices have been issued to them.

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It is pertinent to note that District Administration, Bhiwadi vide order dated 25.03.2025 has also constituted a Task Force comprising of officials of RIICO, State Pollution Control Board and District Administration for identification of industries indulged in illicit discharge of waste water in RIICO drains.

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It is pertinent to note that RIICO has allocated an area of 32,383 m² on 21.10.2021 for the establishment of a Common Effluent Treatment Plant (CETP) for industries located in Kaharani, Chopanki and Pathredi. However, work of establishment of CETP has not yet commenced. The proposal for the CETP is currently awaiting Environment Clearance.

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In reference to solid waste dumping site at Rampura Mundana, the inspection of the facility was carried out by the Regional Office, Bhiwadi

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O.A. No.256/2024(CZ) Haider Ali Vs Rajasthan State Pollution Control Board & Ors.

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on 30.12.2024 and a show cause notice has been issued to the RIICO

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for the shortcomings observed.

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It is submitted that previously, the Sotanala RIICO Industrial Area fell under the jurisdiction of Regional Office Alwar but to strengthen the regulatory framework, a new regional office in Kotputli - Behror commenced its operations from 15.01.2025. It is submitted that the Regional Office, Kotputli - Behror conducted inspections in JanuaryFebruary 2025 concerning solid waste disposal and wastewater accumulation near the Sotanala RIICO Industrial Area. The following observations were made:

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i. Solid waste, including discarded plastic packaging materials, stone-cutting debris, and other nonhazardous waste, was found near the vicinity of the Sota River.

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ii. Wastewater accumulation was observed in the vicinity.

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It is submitted that as a strict regulatory measure, the State Board has:

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i. Revoked the consent to operate for one unit, issued final notice for closure direction and has also seal down one unit in compliance of CPCB direction.

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ii. Under process of imposition of environmental compensation under the 'Polluter Pays' principle against six units.

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It is submitted that previously, closure directions were issued against certain non-compliant units, and environmental compensation of Rs.1,95,34,800.00 was imposed against violators in the Sotanala RIICO Industrial Area, Behror.

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It is submitted that the responsibility of developing essential infrastructure such as non-hazardous waste dump sites, common sewage treatment facilities, and common effluent treatment plants within RIICO Industrial Areas lies primarily with RIICO. However, inspections have revealed that domestic waste and sewage are being 9

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O.A. No.256/2024(CZ) Haider Ali Vs Rajasthan State Pollution Control Board & Ors.

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discharged into the RIICO drainage system, exacerbating pollution

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issues. To address this, the State Board has taken following measures:

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i. The drains constructed by RIICO in industrial estates are also acting as conduits for discharging wastewater outside the industrial area, a letter was issued to the Managing Director, RIICO, Ltd., on 08.07.2024 regarding applicability of consent and requirement of treatment facilities in RIICO industrial estates in Rajasthan.

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ii. Issued letters to the Unit Head of RIICO, Kotputli-Behror District vide letter dated 08.03.2024 & 17.02.2025.

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iii. Convened a meeting with industrial associations, RIICO, and RSPCB officials on 24.03.2025 at RIICO Unit Office, Neemrana, to deliberate on environmental concerns.

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The State CPCB has filed the list of the industries after inspections who are complying or non-complying the concerned conditions with action taken against them.

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Another Action Taken Report has been filed on 06.10.2025, where it has been submitted that the regional office, Alwar in compliance of the aforesaid Hon'ble NGT orders dated 06.02.2025 and 25.08.2025 has taken further action/steps against the earlier found non-complying industries (Total -25 industries). It is submitted that the show cause notices earlier issued by the RO, Alwar, the reply as submitted by the industries were verified and show cause notices for intended revocation of Consent to Operate and intended deposition of Environmental Compensation have been issued to the non-complying industries (Total - 04 industries). In addition to the above taken actions, this office has also conducted surprise inspections of other 49 industries (From April 2025 to August 2025), wherein show cause notices have been issued to the 06 industries which were found non-complying. It is pertinent to mention here that this office is already taking action against the non-

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complying industries and imposing the environmental compensation on the habitual defaulters and is keeping strict vigilance for the implementation and compliance of environmental norms.

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The list of earlier found defaulting industries (total -25) has been attached with the reply.

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During random inspections carried out in the industrial areas of Kaharani, Chopanki, and Pathredi, a total of 29 industrial units were found operating in violation of the consent conditions and/or prescribed environmental norms.

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In addition, surveillance operations were conducted also by the Task Force constituted by the District Administration vide order dated 25.03.2025 to check industries illicitly discharging wastewater into RIICO drains or on vacant land through tankers, thereby causing water pollution in the area.

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That pursuant to the affidavit dated 03.04.2025 filed by the answering Respondent before the Hon'ble Tribunal in the instant Original Application, the State Board has taken stringent action on the industries which were earlier found non-compliant. Out of the 29 units, the Consent to Operate of 6 units have been cancelled, and closure directions have been issued against 6 industries.

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It is submitted that, with respect to the proposed establishment of a Common Effluent Treatment Plant (CETP) for the industrial units situated in Chopanki, Pathredi, and Kaharani, the Environmental Clearance has already been granted by the Ministry of Environment, Forest and Climate Change (MoEF&CC), Government of India, vide order dated 11.08.2025.

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To address the issue of haphazard disposal of solid waste, inspections were carried out on 19.07.2025 at the dumping sites of Municipal

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Bodies falling under the jurisdiction of this office. The dumping site provided by RIICO for non-hazardous industrial waste disposal at Bhiwadi was also inspected on 26.05.2025. During these inspections, several non-compliances with statutory provisions were observed. Accordingly, the Regional Office, Bhiwadi has taken the following actions:

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a) Show Cause Notices for intended imposition of Environmental Compensation have been issued against all concerned Municipal Bodies.

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b) Show Cause Notice for intended refusal of Consent to Operate application has also been issued in respect of the non-hazardous industrial waste dumping ground, on account of deficiencies and violations noted.

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Vide letters dated 02.03.2025, 07.07.2025, and 04.09.2025, RIICO (Unit-I), Bhiwadi has been directed to make necessary arrangements and provide adequate facilities for the scientific disposal of nonhazardous industrial waste generated in the industrial areas under its jurisdiction. Similarly, RIICO (Unit-II), Bhiwadi has also been directed vide letters dated 02.03.2025, 05.08.2025, and 04.09.2025 to earmark and operationalize suitable dumping grounds for non-hazardous industrial waste generated into areas.

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The matter regarding disposal of industrial waste has also been taken up at the State, level, and a D.O. letter dated 23.09.2025 has been issued by the Member Secretary, RSPCB, to the Managing Director, RIICO for expeditious action in the matter.

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It is further submitted that the Rajasthan State Pollution Control Board (RSPCB) has taken necessary actions against the industrial units situated in Sotanala and Behror RIICO Industrial Areas, District Kotputli-Behror, which were found violating the provisions of the Water

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(Prevention & Control of Pollution) Act, 1974, the Air (Prevention & Control of Pollution) Act, 1981, and other environmental laws.

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The Board has issued directions under the provisions of the said Acts, including sealing orders, electricity disconnection, revocation of consent, and imposition of Environmental Compensation (EC) on the defaulting units.

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It is further argued that the process of filing a criminal complaint under section 45E of the Water (Prevention and Control of Pollution) Act, 1974, and Section 39D of the Air (Prevention and Control of Pollution) Act, 1981, against M/s RPS School, Behror, for the alleged violations of the provisions of the aforesaid Acts, is presently underway in accordance with the due legal procedure.

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It is further submitted that the RSPCB, Member Secretary, vide letter dated 23/09/2025 addressed to the Managing Director, RIICO, urging the establishment of scientifically design dumpsite/ segregation of waste facility in the region.

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Further Action Taken Report has been filed on 25.03.2026 and it is submitted that all those non-complying units have been directed to be closed and taskforce has been constituted by the District Administration, Bhiwadi comprising the officials of RIICO State Pollution Control Board, and District Administration for identification of industries indulging in illicit discharge of waste water in RIICO drains and regularly monitoring the action taken.

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IA No.116/2025 has been filed by the Applicant with the prayer to implead approximately 88 units but there was none to press however, after closure of the proceedings new 88 members are included in the application which have separate cause of action against individuals and if applicant has any grievance, he may move separate applications

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against separate cause of action against the separate units by appropriate application before the competent forum.

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Thus, I.A. is disposed of accordingly. In view of the above application, we direct as follows: -

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i. District Taskforce Bhiwadi and the State Pollution Control Bord is directed to regularly monitor the units within the territorial jurisdiction and to ensure that no untreated water is discharged in the open land or in any water bodies and the untreated discharged must be treated in accordance with rules and it will be utilized and reused according to parameter laid down by the CPCB.

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ii. District Taskforce and State PCB has to ensure that all the units discharging the untreated water must be connected with the CETP and must be member as per agreement, terms & conditions and regulation and to ensure not to discharge untreated water unless they have separate treatment facility.

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iii. Sate PCB is directed to regularly monitor it and in case of any violation to take necessary action according to rules and to calculate the environmental damage and realize it according to rules.

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With the above observations, the Original Application No. 256/2024(CZ) stands disposed of.

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Sheo Kumar Singh, JM

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Prashant Gargava, EM

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19^th August, 2026 O.A. No.256/2024(CZ) ARo

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O.A. No.256/2024(CZ) Haider Ali Vs Rajasthan State Pollution Control Board & Ors.

Haidar Ali v. the Secretary Rajasthan State Pollution Control Board

Case brief

What is this about?

What did the court decide?

Haidar Ali v. the Secretary Rajasthan State Pollution Control Board

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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