Item Nos. 01 & 02 Court No.

BEFORE THE NATIONAL GREEN TRIBUNAL

PRINCIPAL BENCH, NEW DELHI

Original Application No. 324/2016

(M.A. No. 113/2017, M.A. No. 816/2017, M.A. No. 408/2019,
I.A No. 107/2020, I.A. No. 251/2020, I.A. No. 325/2020,
I.A. No. 24/2021, I.A. No. 33/2021 & I.A. No. 83/2021
WITH
Execution Application No. 13/2020

(With reports dated 06.01.2021 and 15.03.2021)

Shailesh Singh Applicant

Versus

State of UP & Ors. Respondent(s)

WITH

Original Application No. 361/2017

(I.A. No. 89/2019, I.A. No. 431/2019& I.A. No. 432/2019)

Dr. Tanzeen Fatima Applicant

Versus

Ministry of Environment and Forests &

Climate Change & Ors. Respondent(s)

Date of hearing: 18.03.2021

CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON

HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON’BLE DR. NAGIN NANDA, EXPERT MEMBER

Applicant: Ms. Preeti Singh, Advocate in OA 324/2016

Respondent: Mr. Rahul Verma, AAG, State of Uttarakhand

Dr. Sandeep Singh, Advocate for the State of UP
Mr. Raj Kumar, Advocate for CPCB
Mr. Pradeep Misra, Advocate for UPPCB
Mr. Mukesh Verma, Advocate for UEPPCB
Mr. A.K. Prasad, Advocate for CGWA
Mr. Pinaki Misra, Senior Advocate with Mr. Sanjeev Ralli, Ms. Vanita
Bhargava & Ms. Shweta Kabra, Advocates for Radico Khaitan
Mr. Sanjay Upadhyay, Advocate for India Glycol Ltd.

ORDER
1.1

1. The issue for consideration is remedial action against pollution of

Kosi river in Rampur District by the polluting industrial activities. River

1
Bhella in Muradabad is a tributary of Kosi river in Rampur which is a

tributary of Ramganga, which in turn is a tributary of river Ganga.

Procedural History

2. The matter has been pending before the Tribunal since 2016 and

several orders have been passed but reference may be made to last few

orders relevant for discussion in today’s order. First order we may refer is

order dated 20.5.2019 whereby the matter was reviewed by the Tribunal.

The Tribunal noted the acknowledged pollution of river Bhella in

Muradabad, particularly at the point where it meets Rampur drain. It was

noted that one of the major polluters i.e. M/s Radico Khaitan Limited

(Distillery Unit), Rampur, was directed to be closed by the Central Pollution

Control Board (CPCB) but it continued to operate even during the currency

of closure order. No action was reported against other known polluting

industries. The Tribunal directed a joint Committee of Member Secretary,

CPCB and Member Secretaries of Uttar Pradesh PCB (UPPCB) and

Uttarakhand PCB (UKPCB) to undertake further inspections of the

polluting industries which was to be overseen by Justice Arun Tandon,

former Judge of Allahabad High Court, who was at that time heading the

monitoring Committee to oversee remedial action against pollution of

Ganga. The Tribunal also required the CPCB and the UPPCB to explain as

to how in spite of closure order, the unit of M/s Radico Khaitan Limited

continued to function and what action was taken against such illegal

operation as well as persons who allowed such illegal operations, by

colluding with the said unit or otherwise.

3. The second order we refer is dated 23.07.2019 in the light of report

of the CPCB dated 05.07.2019 and joint committee report dated

05.06.2016, in pursuance of the first order. The Tribunal observed:

2
“2. Accordingly, report dated 05.07.2019 has been filed by
the CPCB which was the nodal agency of the joint
Committee.

1. The report is to the effect that closure direction was

issued by the CPCB on 24.12.2018 against M/s Radico
Khaitan Limited (Distillery Unit), Rampur under Section 5
of the Environment (Protection) Act, 1986 but the said
unit continued to operate illegally in collusion with the
concerned authorities. On 05.06.2019, the joint
Committee carried out an inspection which was overseen
by Justice Arun Tandon, former Judge of Allahabad High
Court. An inspection was also carried out in respect of
the said unit and other industries in the catchment area
of river Bhella and river Kosi from 10.06.2019-
12.06.2019. Based on the said report, the CPCB, vide
letter dated 03.07.2019, required M/s Radico Khaitan
Limited to submit time bound action plan to restrict the
capacity of lagoon by filling/levelling/dismantling the
excess capacity of the lagoons. CPCB re-calculated the
environmental compensation and assessed the same at
Rs. 7,29,00,000/- out of which amount Rs.
1,45,80,000/- was deposited and the remaining amount
of Rs. 5,83,20,000/- is yet to be deposited.
2. Explaining the reason how in spite of the closure order,
the unit continue to function, it is submitted that the
Principal Secretary, Excise Department, U.P. requested
CPCB to review the order. The Unit made prayer for
revoking the closure direction on 20.02.2019 and
01.03.2019. Recommendation for revocation of closure
was made. The Member Secretary, UPPCB vide letter
dated 01.04.2019 asked CPCB to review the closure
direction. Principal Secretary, Excise Department also
repeated such request on 02.04.2019. Conditional
revocation was allowed on 17.05.2019 but the unit
continued to operate thereafter. The Unit
representative informed during inspection from
June 10-12, 2019 that the ‘highest Officers of the
State’ had orally instructed the Officers and
Managers of M/s Radico Khaitan Limited to
continue the production even after the closure
order passed by the CPCB. A letter has been written
by the CPCB to the Chief Secretary, Uttar Pradesh
on 24.06.2019 to identify and provide names of
Officers who allowed illegal operation of the unit
in spite of the closure direction. No reply has been
received.

3. The report also annexes an inspection report, which is in

two parts, signed by Justice Arun Tandon. Compilation –
I records the proceedings during the inspection and
Compilation – II records the suggestions and
observations. It will be appropriate to reproduce the said
suggestions and observations:-

3
“M/s Radico Khaitan Limited

I. Manufacturing of alcohol by the unit even after

the closure order of the CPCB, i.e., between
17.02.2019 to 11.05.2019 is totally unjustified
and virtually amounts to negation of rule of law.
II. Officers of the State of Uttar Pradesh who had
orally instructed the officers and managers of
Radico Khaitan Ltd. to continue the production
even after the closure order of the CPCB, and
those who failed to ensure the closure must be
identified by the Chief Secretary of the State of
Uttar Pradesh and suitable action shall be taken.
III. Open lagoons must be replaced by covered
storage Steel tanks for receiving the spent
wash of molasses with provision for
controlled discharge of gases therefrom.
This is necessary, as large open surface
area of existing lagoons leads to more
amount of air being polluted after coming
into contact with spent wash. All suitable
amendments may be carried by CPCB in
guidelines.
IV. The primitive method of marking with red
at a particular height in the lagoons be
eliminated and if necessary, then, only
required capacity lagoon duly calibrated, be
permitted. Excess capacity must be filled or
dismantled scientifically.
V. Withdrawal of underground water must be
restricted to the minimum required quantity
with a condition of payment of water
charges on the principle 'more the
consumption higher the rate'. This will act
as a deterrent for withdrawal of
underground water beyond what is
necessarily required by the unit.
VI. Strict monitoring on readable parameters
be done in respect of recharging the
underground water through rain water
harvesting by the unit etc.
VII. Calibration of water flow meters be ensured
by government agencies with verification at
least once in a year.
VIII. The unit must utilize the land which will
become available after removal of the
lagoons, or otherwise for thick forestry in
the ensuing rainy season.

IX. The industry must be asked to control its

production so as to ensure that in no case
spent wash collected in the lagoons exceeds
its fixed capacity on monthly basis.

4
 X. The land area necessarily required for bio-
composting in respect of disposal of spent
wash must be calculated and the industry
must keep that land area fully covered with
provision of leachate collection drains. No
composting be permitted on uncovered land.
XI. The unit must maintain specific verifiable
records, which can be examined at any
given point of time in respect of total
quantity of bio-compost generated and sold
to the known purchasers. The distillery
must maintain similar records in respect of
solid waste and disposal thereof to known
vendors.
XII. CPCB has calculated the Environmental
compensation amount (as per the
methodology of EC) in compliance of the NGT
order dated 20.05.2019 which is Rs.7.29
Crores including the EC imposed earlier.

XIII. In addition, the entire price money received

in respect of alcohol/products generated by
the industry during the period of the CPCB
closure order, i.e., between 17.02.2019 to
11.05.2019 be recovered as Environmental
Compensation (EC).

XIV. Separate electricity meter exclusively for

ETP shall be installed and its bill must be
kept on site for verification.

INDIA GLYCOLS LTD.

I. Reasons for availability of 90000 m3 of

spent wash with solid contents of less than
1 % only in the lagoons of the industry must
be ascertained and suitable action should
be taken for violating the norms of the
CPCB.

II. Distillery unit of the company should be

permitted to function at half of the
licensed/consented capacity till it disposes
off the huge volume of spent wash available
in the lagoon as on 11.06.2019. SPCB
should ensure that this spent wash with
low solid concentration is not discharged
in the drains by the unit during the
forthcoming rainy season and strict
vigilance should be kept by SPCB. A
quarterly report must be submitted by SPCB
citing progress in compliance made.

III. The industry must be asked to come up

with a concrete proposal for disposal of ash

5
 generated in the industry as well as for the
ash lying in the open. The industry must
provide a time bound action plan for
disposal of already generated ash within
15 days.
IV. In absence of 'No Objection Certificate' from
Central Underground Water Authority no
extraction of underground water be
permitted.
V. The industry has drawn nearly 55 lakhs
litres of underground water every day with
no obligation of recharge/rain water
harvesting etc. This must be stopped
immediately and the industry must be
asked to take additional measures for re-
charge of the underground water/rain
water harvesting with due regard to the
amount of underground water drawn by it
in last 5 years.
VI. The industry must be asked to pay
compensation for illegal withdrawal of
underground water for last so many years
in garb of pendency of their renewal
applications for 'no objection' before CGWA.
VII. The amount payable by the Company for
withdrawal of underground water must be
fixed on the principle 'more the
withdrawal, higher the rates'. The charge
which has not been paid for years must be
recovered with interest at the rate of 18%
per annum.

VIII. The land which will become available

because of the dismantling of the lagoons
and even otherwise the surrounding area of
lagoons must be utilized for dense forestry
in the coming monsoon season.

IX. CPCB has calculated the Environmental

compensation amount (as per the
methodology of EC) 1n compliance of the
NGT order dated 20.05.2019 which is
Rs.13,54,50,000/-, to be paid by the unit.

X. CPCB must direct the unit to dismantle all

excess storage capacity of lagoons in terms
of the direction of CPCB dated 07.12.2015
forthwith. CPCB/SPCB shall submit a
quarterly report on compliance of its own
order.

All Industries

I. Applications for 'no objection certificate'

should be considered and decided within

6
 a month by CGWA and if the applications
are not found satisfactory then the same
must be rejected with a further direction
to stop water extraction.

II. The charges payable by the company for

withdrawal of underground water must be
fixed on the principle 'more the
withdrawal, higher the rates'. The water
charges which has not been paid for years
must be recovered together with the
interest at the rate of 18% per annum.

III. The norms for recharge of underground

water and rain water harvesting etc. must
be fixed. Flow meters must be calibrated
by Government-agencies and verified at
least once in a year.

IV. The industries encroaching upon the

drains must be asked to clear the
encroachments and drains must be left
free to flow in their natural course.

V. Actual requirement of underground water

by the industry must be verified through
independent Government agencies.

VI. All industries must be asked to maintain

verifiable records of ETP waste and other
solid waste generated as well as its
disposal to the known buyers.

VII. No additional pump with loose connection

be permitted as stand by at ETP of any of
the industry.

VIII. CPCB/SPCB shall take necessary actions

against the non-complying industries
namely:

a) M/s Multiwal Duplex Pvt. Ltd.

Kundeshwari Road, Kashipur
b) M/s Damya PJ Foods Pvt. Ltd., &
c) M/s Varun Steel.

Others

I. De-silting of drains must be completed

at the earliest with a direction to
transport the removed silt to a safe
identified place.

II. Joint inspection of all 86 GPI industries

be undertaken a fresh in light of issues
considered in the report.

7
 III. All Inspection/analysis reports have
been placed before me during the
meetings at Delhi which I have
examined.

IV. Wherever timelines have been fixed for

works to be undertaken by industries-,
performance bank guarantee must be
insisted upon as a condition of
revocation.

V. Many of suggestions and observations

made under para A, B and C are generic
and applicable/ per-se for all industries.
These may require revision of
Guidelines and Charter being followed
by Central and State PCBs which
regulating and monitoring the
operations of these industries.
Necessary and suitable review and
revision of these Guidelines and
Charters may be carried out by Central
and State PCBs in fixed time frame of
four months.”

4. Compilation – I records inter-alia as follows:-

“After the meeting with the officials of the CPCB,

UPPCB, UEPPCB and CGWA and examination of
various orders at Delhi on 26th and 28th of June,
2019, the following discrepancies have been found.
The same are listed industry wise:

Radico Khaitan Ltd. (Distillery Unit), Rampur, UP

a) The industry had continued with the

production despite the closure order of
CPCB between 07.02.2019 to
11.05.2019.

b) The industry had neither filled nor

dismantled the excess capacity in the
lagoons despite the directions of CPCB
dated 24.02.2015, 23.04.2015 and
07.12.2015. The CPCB’s order dated
18.02.2019 mentions non-compliance
of the conditions as per the order of
CPCB dated 07.12.2015 as one of the
grounds for revoking the order keeping
the closure order in abeyance. Yet the
order of CPCB/UPPCB permitting the
partial operation of distillery dated
17.05.2019 makes no mention of said
violation.

8
 c) No objection certificate granted by
CGWA has expired on 02.10.2018.

Not even a single penny is being paid

towards withdrawal of underground
water since 30.11.2016.

India Glycols Ltd.

a) Under the order dated 24.06.2004

permitting capacity expansion of the
industry to increase its capacity from
205 KLD to 425 KLD it was specifically
provided that the production of alcohol
from molasses shall be restricted to
working for 330 days in a year. This
condition has been violated by the India
Glycols Ltd. for years together as the
industry had been working for 365 days
in a year.

b) In the no objection certificate granted

by CGWA dated 26.02.2009 for the
ethanol unit, it is specifically
mentioned that the same is valid till the
area remains under the safe category
five years whichever is earlier. The
category of Kashipur area was changed
from safe to semi critical in 2013, and
the term of the five year expired on
25.01.2014. Therefore, the NOC of
CGWA at the first instance expired in
2013 and in any case on 25.02.2014.
There is no valid NOC in favour of
ethanol unit since thereafter for more
than five years. The industry has been
extracting underground water to the
tune of 55 (fifty five) lac litres per day
without NOC from CGWA for its Ethanol
unit.

c) In respect of the chemical unit, NOC was

granted by CGWA dated 14.01.2016,
the expansion programme by permitting
additional withdrawal of 459m3 of
water per day in addition to the
existing NOC for 2596 m3 per day. This
permission was valid for two years only,
which expired on 14.01.2018. For the
chemical unit also, there is no NOC from
CGWA subsequent to 15.01.2018. The
NOC was granted on 14.01.2016
without clarifying that the unit has no
valid permission for ground water
extraction for the original withdrawal

9
 itself. There has been extraction of
underground water for chemical unit
without any NOC from CGWA since
15.01.2018. No water charges are being
levied upon the unit since 30.06.2017
on the ground that Water Cess Act,
1977 has been repealed by Act. No. 18
of 2017.

d) Since M/s IGL had resorted to

incineration instead of Bio-composting
the CPCB directed on 24.02.2015,
23.04.2015 and 07.12.2015, that it can
have a storage capacity of 7 days in the
lagoon only at all stages. The excess
storage capacity has either to be filled
or dismantled. State Pollution Control
Board vide order dated 13.03.215 had
instructed the M/s IGL to either fill or
dismantle the excess storage capacity
on or before September 2016. In fact,
neither the filling of the lagoon nor the
dismantling have been done by IGL till
date.

e) As per CPCB direction dated 22.12.2016

IGL was asked to close its 98 KLD Plant,
yet no direction was issued for
dismantling or filling of lagoon while
permitting the continuous operation of
240 KLD Plant. As per CPCB direction
dated 24.02.2015, 23.04.2018 and
dated 07.12.2015 IGL could use the
lagoons only till 31st March 2016.
Contrary to the said direction, IGL
continued to operate its plant and
stored spent wash in lagoon till
28.01.2017 when it was sealed by
SPCB. No explanation has been provided
by industry as to how it continued to
use the lagoons between April, 2016 to
January 2017.

f) Consent to operate was granted by SPCB

on 06.07.2017 with specific condition
to dispose of the generated spent wash
through Multi Effect Evaporator (MEE)
and to use concentrate in the boiler. The
industry while acting on said consent to
operate deliberately did not comply
with the said condition and spent wash
with low solid content continued to be
stored in lagoon outside the factory
premises.

10
g) A joint inspection of industry was
carried out on 19th April 2018 under
orders of NGT dated 13.07.2017 passed
in O.A. No. 200/2014 by joint team
comprising of experts of 3rd party
technical institutes PCRI, Haridwar (on
behalf of CPCB) and SPCB. The report
submitted does not mention of either
compliance with the condition of the
consent to operate dated 06.07.2017 or
of availability of the spent wash in
lagoon. Joint inspection done by the
State Pollution Control Board and the
Central Pollution Control Board
(through third party) in terms of the
order of the National Green Tribunal
dated 13.07.2017 passed in O.A. No.
200 of 2014 does not reflect upon any
of the infirmity and illegality noted in
this report. It appears that the joint
inspection report has been prepared
without actual spot inspection and
verification of the records. On 20th
April 2018, a fresh consent to operate
was again granted by SPCB to IGL Ltd.
without mentioning non-compliance of
the earlier consent, non-availability of
NOC from the CGWA or availability of
spent wash in the lagoon.

h) CPCB on 07.02.2019 issued show cause

notice under section 5 of E(PO) Act, 1986
based on joint inspection dated
19.01.2019 with regard to availability
of the spent wash diluted with rain
water to the tune of 70,000 m3 in the
lagoon and finally under order dated
14.03.2019 issued direction for
dismantling of lagoon on or before June
2021, without taking any action for
breach of direction issued earlier.

i) It is for the first time in the order dated

14.03.2019, CPCB refers to another
lagoon used for storing concentrated
spent wash before incineration, as
informed by the industry inside the
industry premises. SPCB informed in
the meeting that the capacity of this
lagoon is about 1,00,000 m3 which is
filled by accumulated sludge. This
storage capacity is also in violation of
CPCB’s circulars dated 24.02.2015,
23.04.2015 and 07.12.2015.

11
 j) On 28.06.2019, CGWA has informed in
the meeting that Kashipur is now semi
critical area it shall not be granted any
NOC. Renewal is also a new grant. Even
otherwise in case of IGL because of the
change of the status of the area no
renewal application would be
maintainable and the industry has to
apply afresh under the conditions
applicable to semi critical area.

k) despite all this SPCB granted

permission to operate in the month
2018 both for the alcohol industry and
the chemical unit in the said factual
scenario.

l) The company has been permitted to

resort to incineration since January
2017 in place of Bio-composting. The
total ash generated due to incineration
by the super heater is around 62 metric
ton per day while that generated by the
slop is 66 metric ton per day. In all the
total ash generated by the unit is 128
metric ton per day. There is no proposal
on record by M/s IGL in respect of
disposal of such huge quantity of ash
generated on per day basis. Similarly,
it is found that neither the SPCB nor
CPCB have till date provided any
direction/guidelines in matter of
disposal of the ash generated by the
unit. The present scenario at IGL, if
reflected in other words, would be that
a STP has been installed to treat the
sewage but there is no plan for disposal
of the sludge generated therein.

m) While returning from Kashipur on

12.06.2019 near the border of the
district Rampur, industries were found
emitting large volume of gas from large
chimney. Heaps of fly ash were found
collected near the roadside. The
industries identified are (i) Pashupati
Acrylyn and Nani Papers situate on left
bank of Dhandi Drain Kashipur Road,
Moradabad. CPCB/UPPCB shall conduct
detailed inspection of the units and
take immediate actions.”

5. Learned counsel for the CPCB, Uttar Pradesh State PCB

and Uttarakhand State PCB have suggested that the
inspection report may be accepted and further action be
taken. Learned counsel appearing for M/s Radico
Khaitan Limited states that the said unit will comply with

12
 the observations in the report. There could be no basis for
questioning the report furnished by the joint Committee
of senior Government functionaries which has been
overseen by the former Judge of the High Court.

6. Learned counsel appearing for M/s India Glycols

Limited, however, tried to justify the illegal drawal of
ground water without sanction even though the area is
semi critical, on the ground that application for sanction
was ‘pending’. We do not find any merit in this
submission. Delay in deciding renewal application could
not be treated as a licence to draw the ground water. The
unit could take remedy against such inaction. While
regulatory authorities are required to act promptly but
any inaction is not a ground for a citizen to take the law
in his hands instead of approaching the concerned higher
authority or the Court.

7. We, thus, do not find any ground not to accept the

report of the joint Committee, including the amount
of compensation to be recovered. The same may be
acted upon forthwith. The Chief Secretary, Uttar
Pradesh may give response to the observations and
suggestions of Justice Tandon indicating why the
higher amount of compensation and interest be not
recovered in view of illegal operation of the said
unit in collusion with the authorities of the state.
The decision on the issue of recommendations of
Justice Tandon on the subject of interest and
higher compensation will be taken later. The Chief
Secretary, Uttar Pradesh may also give his
response to the letter of the CPCB and identify the
persons who interfered with the process of law to
benefit the said polluting unit and action taken
against such persons by e-mail at judicial-
ngt@gov.in. The joint Committee may furnish
further action taken report within three months by
e-mail at judicial-ngt@gov.in.”

4. The third and the last order to be referred is order dated

15.01.2020 in the light of reports of the CPCB, State PCB and the Ganga

Pollution Monitoring Committee (GPMC) headed by Justice Arun Tandon

(referred to in para 1 above). The Tribunal directed action in terms of the

recommendations of report of the CPCB and also in terms of the

recommendations of the GPMC on the subject of illegal extraction of

groundwater. Directions were issued to the States of Uttarakhand and UP

to take action against individual industries ensuring action against illegal

13
 extraction of groundwater. Further direction was to ensure recovery of

compensation. The Chief Secretary, UP was directed to file response to the

observations about illegal operation of the units claimed to be with the

permission of the higher authorities. It will be appropriate to reproduce

the discussion and contents of the reports considered by the Tribunal

followed by operative part of the order which are as follows:

“3. …. three reports have been placed for consideration. First report
has been filed by the Monitoring Committee constituted by this
Tribunal making certain recommendations. Second report is by CPCB
based on information furnished by State PCB with regard to status
of compliance of earlier recommendations. Third report is dated
06.12.2019 by same Monitoring Committee. Details are as follows:

i. Report dated 23.10.2019 by the Monitoring

Committee, Ganga Phase-II headed by Justice Arun
Tandon.

The report recommends that ground water extraction must

be taken before consent to establish and consent to operate
granted by the State PCB. The CGWA must frame SOP on
the subject of regulating and protecting ground water.
Permission of disposal of waste by incineration must be
accompanied by safeguards to ensure that one waste is not
converted to other kind of waste. Joint inspection must be
done at regular intervals in respect of GPIs. Extraction of
ground water must be minimised with complete recovery
and reuse measures for recycling and replenishment of
ground water must be mandatory.

ii. Further action taken report dated 27.11.2019 has

been filed by the CPCB based on information furnished
by the State PCB as well as discussion with the joint
Committee.

The status of the directions and action taken are mentioned

as follows:

Para No./ Description of orders Action taken/Compliance Status

Sr. No.
M/s Radico Khaitan Ltd.
Para5/Sr. Officers of the State of Uttar As per the discussion held in the
No. II Pradesh who had orally meeting dated 14.11.2019 at
instructed the officers and CPCB, the unit was pursuing the
managers of Radico Khaitan matter with CPCB regarding
Ltd., to continue the revocation of the closure direction
production even after the dated 24.12.2018 issued to the
closure order of the CPCB, Unit, in the meantime an abeyance
and those who failed to letter dated 02.01.2019 issued by
ensure the closure must be CPCB to the Unit for carrying out

14
 identified by the joint inspection, which was
Chief Secretary of the State misunderstood by the unit and
of Utter Pradesh and suitable considered as permission to
action shall be taken. continue operation since the joint
inspection by CPCB & UPPCB was
to be carried out vide Hon'ble NGT
order dated 21.12.2018 in OA No.
324/2016, in matter of Shailesh
Singh Vs State of UP & Ors.
Hon. NGT may examine the
explanation.
Para 5/ Open lagoons must be  CPCB issued letter to Member
Sr.No.III replaced by covered storage Secretary, UPPCB for
Steel tanks for III receiving implementation of the Hon'ble NGT
the spent wash of order dated 23.07.2019 in O.A. No.
molasses with provision for 361/2017 vide letter no.
controlled discharge of B-
gases there from. This is 190198/NGRBA(RG)/CPCB/Disti
necessary, as large open llery/1/20 18-19/6286 dated
surface area of existing 11.09,2019. Copy placed at
lagoons leads to more Annexure-1
amount of air being polluted
after coming into contact  UPPCB issued letter No.
with spent wash. All H43550/C-7/Jal-40/2019 to the
suitable amendments may unit dated 11.11.2019 to submit
be carried by CPCB in the Progress Report regarding
guidelines. replacement of open lagoons with
steel tank within 15 days to UPPCB.
Copy placed at Annexure-2.

 A consultation meeting of the

Experts from distillery sector
comprising of representatives from
technical institutions namely, VSI,
Pune, NSI, Kanpur as well as All
India Distillers Association (AIDA)
and Indian Sugar Mills Association
(ISMA) was convened by CPCB on
14.11.2019 to discuss feasibility of
replacement of open lagoons with
closed steel tanks.

 It has been observed that, closed

steel tank for storage of
concentrated spent
Wash has several technical
constraints such as generation
of anaerobic gases, accident
hazard, corrosion and sludge
cleaning.
 During the joint committee
meeting dated 14.11.2019;
Justice (Retd.) Arun Tandon was
also apprised about the non-
feasibility of replacement of
lagoons with closed steel tanks

15
 for storage of concentrated spent
wash.

IV The primitive method of  CPCB issued letter to the unit

marking with red at a dated 03.07.2019 to submit
particular height in the time bound action plan to
lagoons be eliminated and if restrict capacity of lagoon by
necessary, then only filling/levelling/dismantling
required capacity lagoon excess storage capacity of
duly calibrated, be lagoons. Copy placed at
permitted. Excess capacity Annexure-3.
must be filled or dismantled
scientifically.  CPCB issued direction u/s 5 of
E (P) Act, 1986 to the unit dated
06.08.2019 to restrict capacity
of lagoon. Copy placed at
Annexure-4.

 UPPCB issued letter No. H-

43240/C-7/Jal-40/2019 to the
unit dated 02.11.2019 to
dismantle the excess capacity of
lagoons, to develop thick
forestry on the boundary of
lagoons as well as on the land
which will be available after
dismantling of lagoons, to
install separate energy meter for
ETP, to keep and maintain
record of generated and selling
of prepared bio-compost, to
dispose solid waste as per the
rules, to not have any loose
connections of piping with
installed ETP and to submit the
details of disposal of generated
ETP sludge and other solid
waste as per the rules. Copy
placed at Annexure-5.

 Joint team of CPCB, UPPCB

headed by Justice (Retd.) Arun
Tandon carried out inspection
of the unit dated 17.11.2019
and observed the following:

 Lagoon-1 (20000 m3) at

Ajeetpur site has been
dismantled and being levelled.

 Lagoon-2 (earlier capacity

58000 m ) at Ajeetpur site has
3

been truncated 1.0 m from top

to maintain volume of 21000 m3
keeping 2.0 m as free board.

16
  Capacity of lagoon at Hitachi
site has been reduced by
providing a partition bund and
excess capacity has been
dismantled.

 System of marking on vertical

scale, like water level in the
rivers, should be implemented
and the UPPCB to ensure the
installation compliance.

V Withdrawal of underground  CPCB issued letter No.

water must be restricted to B-
the minimum required 190198/NGRBA/CPCB/2018-
quantity with a condition of 19(Part
payment of water charges on file)/4442 to Member Secretary,
the principle 'more the CGWA dated 24.07.2019 to take
consumption higher the actions according to NGT order
rate'. This will act as a dated 23.07.2019. Copy placed
deterrent for withdrawal of at Annexure-6.
underground water beyond
what is necessarily required  UPPCB has issued letter No.
by the unit. H-43241/c-7/Jal-40/2019 to
the unit dated 02.11.2019 to
submit clarification regarding
illegal withdrawal of ground
water in spite of the fact that
CGWA NOC was expired on
03.10.2018. Copy placed at
Annexure-7.

 As per the discussion carried

out in the meeting dated
14.11.2019 representative of
CGWA informed that, the
withdrawal of ground water by
M/s Radico Khaitan Ltd. in the
period October-2016 to May-
2019 was within the CGWA
NOC limit.

 It was informed by CGWA

representatives, during the
meeting of the joint committee
dated 14.11.2019 that, CGWA
has prepared and submitted a
draft guideline to Hon'ble NGT
on water abstraction charges,
which is under consideration.

 Unit has submitted reply of the

UPPCB letter No. H-43241/c-
7/Jal-40/2019 vide letter dated

17
 21.11.2019, which is placed at
Annexure-8.

 CGWA should calculate charges

for extraction of ground water
subsequent to expiry of the NOC
as in the case of other
industries.

VI Strict monitoring on  CGWA informed in the Joint

readable parameters be committee meeting dated
done in respect of 14.11.2019 that ground water
recharging the recharge points are checked as
underground water through per mandate. As per the thumb
rain water harvesting by the rule, 50 % recharge for each
unit etc. submergence is achieved in
every recharge location.

 CGWA has carried out verification

of ponds and recharge shafts on
04.11.2019 of recharging sites
maintained by M/S Radico
Khaitan Ltd including status of
recharging and condition of pond
base.

 The Unit's representative has

presented, during the visit of joint
committee on 17.11.2019 that
CGWA officials have visited the
ponds created for 200% recharge
of fresh water withdrawal and
found to be in order (Report
awaited).
VII Calibration of water flow CGWA informed during the Joint
meters be ensured by committee meeting dated
government agencies with 14.11.2019 that, flow meters are
verification at least once in monitored and calibrated by
a year. individual units through NABL
recognized laboratory on an annual
basis.

VIII The unit must utilize the  CPCB had issued direction dated
land which will become 06.08.2019 u/s 5 of E (P) Act,
available after removal of 1986 to the unit for development
the lagoons, or otherwise of thick plantation (Refer
for thick forestry in the Annexure-4).
ensuing rainy season.
 Unit has informed that the land
available after removal of
lagoons shall be utilised suitably
either for bio composting or the
green belt development during
next rainy season.

18
  UPPCB issued letter No. H-
43240/C-7/Jal-40/2019 to
the unit dated 02.11.2019 to
dismantle the excess capacity
of lagoons, to develop thick
forestry on the boundary of
lagoons as well as on the land
which will be available after
dismantling of lagoons, to
install separate energy meter
for ETP, to keep and maintain
record of generated and selling
of prepared bio-compost, to
dispose solid waste as per the
rules, to not have any loose
connections of piping with
installed ETP and to submit the
details of disposal of generated
ETP sludge and other solid
waste as per the rules. (Refer
Annexure-5).
 Unit has submitted reply of the
CPCB direction which was
issued dated 06.08.2019, vide
letter No. RKL/SR VP(P)/1044
dated 21.10.2019, which is
placed at Annexure-9.

 Unit has submitted latest reply

of the CPCB direction which
was issued dated06.08.2019,
vide letter
No.RKL/Sr.APP/1181 dated
20.11.2019, which is placed at
Annexure-10.
IX The industry must be As per the discussion during
asked to control its meeting held on dated
production so as to ensure 14.11.2019, UP Excise
that in no case spent wash Department informed that at
collected in the lagoons present production of the unit is
exceeds its fixed capacity strictly adhered to the capacity
on monthly basis. as per consent to operate issued
by UPPCB.

X The land area necessarily  The Unit is presently having

required for bio- 14 acres of covered
composting in respect of composting area, hence the
disposal of spent wash unit shall increase its covered
must be calculated and the bio-compost yard area in
industry must keep that order to operate at consented
land area fully covered with capacity (200 KLD) of
provision of leachate molasses-based distillery
collection drains. No plant during monsoon season
composting be permitted or restrict its production as
on uncovered land. per the existing covered area.

19
  No composting has been carried
out
during rainy season, on
uncovered land.

 UPPCB has issued notice dated

26.11.2019 to the unit for
covering total 28.2 Acres of bio-
compost yard before next
monsoon, in order to continue
with the consented 200 KLD
production of the molasses-
based distillery unit during
rainy season or otherwise
production has to be restricted
based on covered area of bio-
compost yard
XI The unit Must maintain  CPCB issued direction dated
specific verifiable records, 06.08.2019 u/s 5 of E(P)Act,
which can be examined at 1986 to the unit, to maintain
any given point of time in specific verifiable records,
respect of total quantity of which can be examined at any
bio-compost generated given point of time in respect
and sold to the known of total quantity of bio-
purchasers. The distillery compost generated and sold
must maintain similar to the known purchasers. The
records in respect of solid distillery shall maintain
waste and disposal similar records in respect of
thereof to known vendors. solid waste and disposal
thereof to known vendors.

 The Unit is submitting the

details to CPCB, of the bio-
compost produced and sold
on monthly basis. Solid waste
data is submitted to UPPCB
on yearly basis.

 UPPCB issued letter No. H-

43240/C-7/Jal-40/2019 to the
unit dated 02.11.2019 to
dismantle the excess capacity
of lagoons, to develop thick
forestry on the boundary of
lagoons as well as on the land
which will be available after
dismantling of lagoons, to
install separate energy meter
for ETP, to keep and maintain
record of generated and
selling of prepared bio-
compost, to dispose solid
waste as per the rules, to not
have any loose connections of
piping with installed ETP and
to submit the details of

20
 disposal of generated ETP
sludge and other solid waste
as per the rules. (Refer
Annexure-5).

Unit has submitted reply of the


CPCB direction which was
issued dated 06.08.2019, vide
letter No. RM. /SR VP(P)/1044
dated 21.10.2019 (Refer
Annexure-9).
XII CPCB has calculated the  CPCB issued direction dated
Environmental 06.08.2019 u/s 5 of E(P)Act,
compensation 1986, levying additional EC of
amount (as per the Rs. 5,83,20,000/- and the Unit
methodology of EC) in deposited the EC amount vide
compliance of the NGT order DD dated 02.09.2019.
dated 20.05.2019 which is
Rs.7.29 crores including the  In compliance to the direction,
EC imposed earlier. the Unit has deposited the entire
EC amount of Rs 7.29 crores vide
letter dated 02.09.2019 &
through Demand Draft No.
361792.

XIV Separate electricity meter  UPPCB issued letter No. H-

exclusively for ETP shall be 43240/C-7/Jal-40/2019 to the
installed and its bill must be unit dated 02.11.2019 to
kept on site for verification. dismantle the excess capacity of
lagoons, to develop thick forestry
on the boundary of lagoons as
well as on the land which will be
available after dismantling of
lagoons, to install separate
energy meter for ETP, to keep and
maintain record of generated and
selling of prepared bio-compost,
to dispose solid waste as per the
rules, to not have any loose
connections of piping with
installed ETP and to submit the
details of disposal of generated
ETP sludge and other solid waste
as per the rules. (Refer
Annexure-5).
 Unit has installed separate
electricity meter exclusively for
treatment and management of
Bio-methanated Spent Wash
plant, TSS plant, RO Plant-I,
RO Plant-II, RO Plant-III,
Evaporation Plant, Bio-
Compost, CPU (Condensate
Polishing Unit) etc.
M/s Indian Gloycols Ltd

21
Para 5 Reasons for availability of  Lagoon site visit was undertaken
Sr.I 90000 m3 of spent wash on 15.11.2019 by the joint team of
with solid contents of less UEPPCB and CPCB officials under
than 1% only in the lagoons supervision of Justice (Retd.) Arun
of the industry must be Tandon for physical verification of
ascertained and suitable utilization of stored spent wash.
action should be taken for
violating the norms of the  As per the visit of the Joint team
CPCB. on 15.11.2019, it was informed by
the representative of the unit that;

i. Bio-methanated spent wash

with solid content of 3-5 % from
98 KLD effluent stream was
stored in the lagoon for further
composting. Production of 98
KLD stream was closed by
UEPPCB and the connected
lagoon was disconnected and
sealed by UEPPCB on
28.01.2017. The stored bio-
methanated spent wash mixed
with rain water over the years
(Even before Jan-2017)
resulted in accumulation of
diluted bio-methanated spent
wash of about 1 % solids with
volume of about 90,000 m3.

ii. The unit has utilized 18000 KL

of stored spent wash in Bio-
composting as on 31.10.2019.
Next batch of bio-composting is
under process.

iii. Lagoon containing bio-

methanated spent wash is
being used for filling with
incinerator fly ash, which
absorbs spent wash and a
levelled surface has been
created by filling a part of the
lagoon.

 The Unit could not provide

documentary evidence regarding
the quantity and quality of stored
spent wash in the lagoon at the
time of sealing.

 CPCB had already issued a

direction dated 14.03.2019 to the
unit u/s 5 of E(P) Act, 1986, to
utilize the stored spent wash and
dismantle the lagoon.

22
  CPCB issued letter to Member
Secretary, UEPPCB for
implementation of the Hon’ble
NGT order dated 23.07.2019 in
O. A. No. 361/2017 vide
letter no. B-
190198/NGRBA(RG)/CPCB/Di
stillery/1/20 18-19/6878
dated 24.09.2019. Copy placed
at Annexure-11.

 The explanation about stored

spent wash submitted by the
industry vide letter dated
21.11.2019 is not supported by
relevant supporting document
about the quantities of stored
spent wash at different times in
the past. Unit's submitted reply
dated 21.11.2019 is placed at
Annexure-12.

 The industry to adhere time

line 30.06.2021, fixed for
utilization of stored spent wash
as per CPCB direction dated
14.03.2019. UEPPCB should
carry out on quarterly basis
upto June 2021, regarding
quantity of spent wash utilized
and balance in the lagoon.

II. Distillery unit of the  UEPPCB has issued letter

company should be No. UEPPCB/HO/Gen-183-
permitted to function at half 247(II)/2019/6469-1313 to the
of the licensed/consented unit dated 18.11.2019 to comply
capacity till it disposes off with directions of Hon'ble NGT
the huge volume of spent order dated 23.07.2019 in a time
wash available in the lagoon bound manner. Copy is placed at
as on 11.06.2019. SPCB Annexure-13.
should ensure that this
spent wash with low solid  The unit has replied vide letter
concentration is not dated 21.11.2019 wherein it has
discharged in the drains by been submitted that the stream
the unit during the from 98 KLD plant which now not
forthcoming rainy season functional, which was associated
and strict vigilance should with the lagoons (outside of the
be kept by SPCB. A quarterly premises). In the absence of the
report must be submitted by in-flow to the lagoons, restriction
SPCB citing progress in of production of other unit i.e,
compliance made. 240 KLD plant may not be
justified and relevant.

 During inspection of joint

committee which was carried out
on 15.11.2019 it was observed

23
 that the unit have two lagoons of
capacity 3,50,000 m3 and
1,00,000 m3, However the lagoon
having 1,00,000 m3 capacity was
unnoticed till date. But during
inspection the same lagoon was
found with sludge.
 The statement may be provided
by the unit for the quantity of
spent wash to be used and
actually used. UEPPCB shall
issue notice to the unit for the
same.
 The joint committee has visited
the plant on 15.11.2019 and
verified the sealing of the pipeline
connected to the lagoons.
 The unit's reply dated
21.11.2019 shall be examined by
the UEPPCB for taking necessary
action w.r.t. production
capacity, utilization of spent
wash to be monitored on
quarterly basis and shall also
obtain action plan to
dismantle/level the 2"d lagoon at
Dabhora site from the unit.
III The industry must be asked  The unit has submitted an action
to come up with a concrete plan for utilization of SLOP
proposal for disposal of ash (Incinerator) Ash vide letter dated
generated in the industry as 25.06.2019.
well as for the ash lying in
the open. The industry  As per the action plan, the unit
must provide a time bound will utilize the SLOP Ash as a
action plan for disposal of substitute for Potash. Fly ash
already generated ash shall be disposed off to cement
within 15 days. industries. In this regard the
following actions have been taken
by the unit.

 Unit is evaluating the process of

granulating the SLOP ash for
utilization in agriculture as
Potash fertilizer.

 Unit has contacted CSIR-

CSMCRI, Bhavnagar, Gujrat for
recovery of Potash and utilization
of the remaining ash in land
filling or brick.
The unit has also contacted
CPPRI, Saharanpur, Uttar
Pradesh for the same.

 At present the unit is using fly

ash in filling the lagoon (3.5 lac

24
 rn3) containing diluted spent
wash. As reported by the
industry, ash generation from
SLOP (incinerator boiler) and
from 80 T/hr Boiler shall be 128
MT/day and 200 MT/day,
respectively. Entire ash quantity
(328 MT/day) can’t be used as
fertilizer and further landfilling
can only be permitted provided it
is done safely subject to
approval from the competent
authority/state.

 Industry to submit concrete

proposal for long term
utilisation/handling of fly ash
within 15 days to UEPPCB.

IV In absence of ‘No objection  CPCB issued letter No.

Certificate from Central B-
Underground Water 190198/NGRBA/CPCB/2018-
Authority, no extraction of 19(Pa rt
underground water be file)/4442 to Member Secretary,
permitted. CGWA dated 24.07.2019 to take
V The Industry has drawn actions according to NGT order
nearly 55 lakhs litres of dated 23.07.2019 (Refer
underground water Annexure-6).
everyday with no obligation  CGWA has issued Notice to the
of recharge/rain water unit dated 08.11.2019 to direct
harvesting etc. This must to Why not Environmental
be stopped immediately Compensation (EC) should be
and the industry must be levied for illegal abstraction of
asked to take additional ground water for the period
measures for re-charge of after the expiry of valid NOC.
the underground Copy placed at Annexure-14.
water/rain water  CGWA has issued Show Cause
harvesting with due regard Notice to
to the amount of the unit vide letter no.
underground water drawn 4-
by it in last 5 years. (100)/CGWB/UR/Tech-19-530
VI The industry must be asked dated
to pay compensation for 18.11.2019 for illegal borewell
illegal withdrawal of sealing in addition to fixing EC
underground water for last for unauthorized extraction of
so many years in garb of ground water and launching
pendency of their renewal prosecution for violations in
applications for ‘no accordance with the provision
objection’ before CGWA of law. Copy is placed at
VII The amount payable by the Annexure-15.
Company for withdrawal of  CGWA has also issued order for
underground water must stopping of ground water
be fixed on the principle withdrawal vide letter No.
‘more the withdrawal, 4(100)/CGWB/UR/Tech-19-
higher the rates.’ The 537 u/s 5 of the E(P) Act, 1986
charge which has not been

25
 paid for years must be dated 18.11.2019. Copy is
recovered with interest at placed at Annexure-16.
the rate of 18% per annum.  It was informed by CGWA
representatives during joint
committee meeting held on
14.11.2019, that CGWA has
prepared and submitted draft
guidelines on water abstraction
charges, which is due for
approval from the competent
authority.
 In view of the notice of CGWA,
all consequent actions in the
matter of illegal withdrawal of
groundwater shall be taken by
concerned State Pollution
Control Board, as per
conditions in consent to
operate.
 Extraction of ground water
without NOC from CGWA, is not
only illegal but, is a violation of
Hon'ble NGT order dated
13.07.2017.
UEPPCB to take appropriate
action against the industry.
 Central Ground Water Board
Uttarkhand
has worked out charges
Rs
95,30,13,600/- for illegal
extraction of ground water. The
matter is awaited for approval of
the Chairman CGWA, decision is
likely to be taken within 15 days.

VIII The land which will become  The joint team of UEPPCB and
available because of the CPCB officials headed by Justice
dismantling of the lagoons (Retd.) Arun Tandon during
and even otherwise the physical verification on
surrounding area of 15.11.2019, observed that
lagoons must be utilized for plantation has been started over
dense forestry in the the filled lagoon located inside
coming monsoon season. the premises.
 During inspection of joint
committee, carried out on
15.11.2019 it was observed that
the unit have two lagoons of
capacity 3,50,000 m3 and
1,00,000 m3 at Dabhora site. In
earlier documents submitted by
the industry, lagoon having
capacity 1.0 lac cubic meter was
not reported and it was un-
noticed in the previous reports.

26
 Thick sludge (0.25 m depth) at
bottom was observed.
 UEPPCB to seek explanation
from the industry for non-
disclosure of 1,00,000 rn-3
capacity spent wash storage
lagoon and the time bound
action plan for dismantling and
levelling of the lagoon.
IX CPCB has calculated the CPCB issued letter to Member
Environmental Secretary, UEPPCB for
compensation implementation of the Hon'ble NGT
amount (as per the order dated 23.07.2019 in O.A. No.
methodology of EC) in 361/2017 including levying of EC
compliance of the NGT vide
order dated 20.05.2019 letter no. B-
which is Rs.13,54,50,0001- 190198/NGRBA(RG)/CPCB/Distill
, to be paid by the unit. ery/1/201 8-19/6878 dated
24.09.2019 (Refer Annexure-11).
 UEPPCB vide letter dated
18.11.2019 directed the unit to
comply to the Hon'ble NGT order
dated 23.07.2019 in OA No.
361/2017 in a time bound
manner.
 The industry submitted reply
dated 21.11.2019. However, did
not deposit any amount
towards Environment
Compensation (refer Annexure-
12).
X CPCB must direct the unit CPCB has issued direction u/s 5 of
to dismantle all excess E (P) Act, 1986 to the unit dated
storage capacity of lagoons 16.09.2019, to
in terms of the direction of 1. Dismantle/level/fill all
CPCB dated 07.12.2015 excess storage capacity of
forthwith. CPCB/SPCB the lagoon
shall submit a quarterly 2. Dismantle/level/fill all
report on compliance of its excess storage
own order. capacity of active lagoon
located in its premises used
for storage of concern. Spent
Wash from 240 KLD stream
production and shall have
only storage capacity
equivalent to seven days
production.
3. To comply with the
conditions mentioned in the
issued direction dated
14.03.2019.
Copy of CPCB direction dated
16.09.2019 is placed at Annexure-
17.
 UEPPCB carried out
inspection on 06.11.2019

27
 and submitted the report to
CPCB and observed during
visit that,
1. The filling up of the lagoon
located inside the unit's
premises and plantation activity
was found under progress.
2. The unit was using the stored
spent wash of the lagoon located
at Dabhora site in bio-
composting and the lagoon was
being filled up by using ash and
soil.
3. The steel tank for storage of
concentrated spent wash was
under construction and 80-90 %
work was found completed. The
work will be completed by
15.11.2019.
4. As per CPCB direction
dated 14.03.2019, the unit is
using the stored spent wash in
bio-composting. During
inspection, the unit
representative informed that
they have started the 2nd cycle
of bio-composting after
completion of rainy season that
is October-2019. The unit has
consumed approx. 6000 m3
spent wash. Till now total 18000
m3 spent wash has been
consumed. Apart from this, unit
representative informed that,
from lst cycle of bio-composting,
1800 ton of capacity lagoon in a
time bound manner. Bio-
compost is generated. Out of
this 31650 Quantal bio-compost
has been sold. During
inspection filling of lagoon with
ash and soil was found under
progress. The unit is purchasing
press mud from Rathi Traders.
The quality of bio-compost is
being checked by Eco Pro
Engineer Pvt. Ltd. The unit is
also under process of
constructing steel tank for
storage of spent wash, whose
storage capacity will be for 07
days. Presently, the unit is
operating the plant on 150 KLD
in place of 240 KLD.
 The joint team of UEPPCB
and CPCB officials headed

28
 by Justice (Retd.) Arun
Tandon during physical
verification on 15.11.2019,
and observed that;
a) The unit was having 3
lagoons, one lagoon is
attached with 240 KLD
production and has been
closed/levelled. The other
two are located at Dabhora
site outside the premises
and attached with 98 KLD
stream which is now non-
functional.
b) The unit has yet to
dismantled/fill-up the both
lagoons at Dabhora site,
which was observed with
presence of spent wash
sludge and rain water.
 As per the directions of CPCB,
all excess capacity of spent
wash storage lagoons has to be
dismantled / filled & levelled.
 UEPPCB to direct the industry
to dismantle / fill & level
1,00,000 m3 capacity lagoon in
a time bound manner.

All Industries
I Applications for `No CPCB has issued a letter to CGWA
objection Certificate’ should dated 02.09.2019 to comply with the
be considered and decided directions of NGT order dated
within a month by CGWA 23.07.2019 pertaining to all
and if the applications are Industries. Copy is placed at
not found satisfactory then Annexure-18. CGWA has issued
the same must be rejected Show Cause Notice dated 18.11.2019
with a further direction to to the following industries located at
stop water extraction. Uttarakhand as listed in the Hon'ble
NGT order dated 20.05.2019:

(1) M/s Banwari Paper Mills Ltd.,

Kashipur,
(2) M/s Cheema Paper Ltd.,
Kashipur,
(3) M/s Multiwal Pulp and Board
Mills Pvt. Ltd., Kashipur,
(4) M/s Multiwal Duplex Pvt. Ltd.,
Kashipur and
(5) M/s Kashi Vishwanath Textiles
Mills (P)Ltd., Kashipur
(6) M/s India Glycols Ltd., Kashipur
(Refer Annexure-15)
Copy of SCNs issued to Industry No.
1 to 5 are placed at Annexure-19.

29
 Reply submitted by Industries to
CGWA are not satisfactory.
In view of the paragraph-8 of the
Hon'ble NGT order dated
23.07.2019 compensation
charges for illegal withdrawal of
underground water must be
calculated and to be levied on the
industries.
II The charges payable by the  CPCB has issued a letter to
company for withdrawal of CGWA dated 02.09.2019 to
underground water must be comply with the directions of
fixed on the principle 'more NGT order dated 23.07.2019
the withdrawal, higher the pertaining to all Industries (Refer
rates'. The water charges Annexure-18).
which has not been paid for  It was informed by CGWA
years must be recovered representatives, during the
together with the interest at meeting of the joint committee
the rate of 18% per annum. dated 14.11.2019 that, CGWA
has prepared and submitted a
draft guideline to Hon'ble NGT
on water abstraction charges,
which is under consideration.
III The norms for recharge of  CPCB has issued a letter to
underground water and rain CGWA dated 02.09.2019 to
water, harvesting etc. must comply with the directions of
be fixed. Flow meters must NGT order dated 23.07.2019
be calibrated by pertaining to all Industries (Refer
Government-agencies and Annexure-18).
verified at least once in a  As informed by CGWA
year. representative in the joint
committee meeting dated
14.11.2019, groundwater
recharging of 50% is assumed
for every submerged recharge
shaft.
 CGWA also informed that flow
meters are monitored and
calibrated by individual units
through NABL recognized
laboratory on annual basis.

V Actual requirement of  CPCB has issued a letter to

underground water by the CGWA dated 02.09.2019 to
industry must be verified comply with the directions of NGT
through independent order dated 23.07.2019
Government agencies. pertaining to all Industries (Refer
Annexure -18)
VI All industries must be asked  As per UPPCB email dated
to maintain verified records 30.10.2019 there are mainly 9
of ETP sludge and other industries which are generating
solid wastes generated as hazardous/solid wastes in
well as its disposal to the Rampur. The hazardous waste
known buyers/receivers generated from the industries are
ultimate. being disposed through TSDF
namely M/s Ramky Environ

30
 Engineers Ltd., Khumbi, Kanpur
Dehat (TSDF)
 UPPCB has issued show cause
notice under hazardous & other
waste management rules, 2016 to
M/s Varun Steel, Ajitpur
Industrial area, Rampur.
VII Portable pumps with flexible  UPPCB issued letter No. H-
pipes, pumps with 43240/C-7/Jal-40/2019 to
loose/open end Tee pipe on M/s. Radico Khaitan Ltd.,
delivery lines shall not be Rampur, UP dated
permitted as stand-by at 02.11.2019 to dismantle the
ETP of any industry. excess capacity of lagoons, to
develop thick forestry on the
boundary of lagoons as well
as on the land which will be
available after dismantling of
lagoons, to install separate
energy meter for ETP, to keep
and maintain record of
generated and selling of
prepared bio-compost, to
dispose solid waste as per the
rules, to not have any loose
connections of piping with
installed ETP and to submit
the details of disposal of
generated ETP sludge and
other solid waste as per the
rules. (Refer Annexure-6).
 SPCB shall issue letter to all
industries to dismantle portable
stand-by pumps with flexible
pipes, pumps with loose / open
end Tee pipe on delivery lines.

VIII CPCB/SPCB shall take M/s Multiwal Duplex Pvt Ltd.

necessary actions against Kundeshwari Road, Kashipur,
the non-complying Uttarakhand
industries namely: 1. UEPPCB issued letter to the
(1) M/s Multiwal Duplex Pvt unit on 13.06.2019 to
Ltd. Kundeshwari submit the Clarification
Road, Kashipur, within 24 hours
Uttarakhand regarding the closing of 03 by-
(2) M/s Damya PJ Foods passes, which were observed
Pvt. Ltd., Rampur, U.P. during the drone survey of
& joint committee dated
(3) M/s Varun Steel, 12.06.2019 in compliance of
Rampur, U.P NGT order dated 20.05.2019.
Copy of the letter is
Placed at Annexure-23
2. UEPPCB is in process of
issuing show cause notice to
the unit and imposing
environment compensation.
However, the By-passes which

31
 were found earlier was
stopped.

2. M/s Damya PJ Foods Pvt. Ltd.,

Rampur, UP
As per UPPCB letter dated
22.11.2019, it was informed that:
1. UPPCB issued show cause
notice under Water Act, 1974
on 19.07.2019 to the unit for
the non-compliances observed
during the joint inspection
dated 12.06.2019. (copy of the
SCN is placed at Annexure-21
2. UPPCB has also levied
Environment compensation of
Rs. 2.5 lacs on the unit in the
above mentioned SCN.
3. The unit has deposited Rs. 2.5
lacs as Environment
Compensation to UPPCB.
4. UPPCB has issued SCN dated
02.11.2019 to the unit for not
having NOC of CGWA. Copy of
the same is placed at
Annexure-22.
5. UPPCB has carried out
inspections on 22.10.2019 and
12.11.2019. The sample of
treated effluent from ETP
outlet was collected on
22.10.2019 and as per UPPCB
analysis report, the unit is in
compliance of provisions of
Water Act, 1974 and Air Act,
1981. No untreated effluent
was found discharged outside
of the premises during
inspection dated 12.11.2019
6. The unit has installed separate
energy meter and flow meters
at inlet and outlet of the ETP.

3. M/S Varun Steel, Rampur, U.P.

As per UPPCB letter dated
22.11.2019, it was informed that-
1. UPPCB issued Show Cause Notice
under Water Act, 1974 on
19.07.2019 for the non-
compliances observed during the
joint inspection dated 12.06.19.
Copy of the same is placed at
Annexure-23.
2. UPPCB has also levied
Environment Compensation of Rs.

32
 2.5 I on the unit in the above
mentioned SCN.
3. The unit has deposited Rs. 2.5
lacs as Environment
Compensation to UPPCB.
4. UPPCB issued Show Cause Notice
under Air Act, 1981 on
29.07.2019 for the non-
compliances observed during the
joint inspection dated 12.06.19.
Copy of the same is placed at
Annexure-24.
5. UPPCB issued Show Cause
Notice under Hazardous Waste
Management Rules, 2016 on
09.11.2019 to unit for not having
Hazardous waste authorization.
Copy of the same is placed at
Annexure-25.
6. UPPCB has issued SCN dated
02.11.2019 for not having NOC of
CGWA. Copy of the same is placed
at Annexure-26.
7. UPPCB has carried out
inspections on 22.10.2019 and
12.11.2019. The sample of treated
effluent from ETP outlet was
collected by UPPCB on
22.10.2019 and as per UPPCB
analysis report, the unit is in
compliance of provisions of Water
Act, 1974 and Air Act, 1981. No
untreated effluent was found
discharged outside of the
premises during inspection dated
12.11.2019.
 CGWB Northern Region should
recommend similar action (as
mentioned in Para-I of All
Industries) for illegal withdrawal of
ground water by M/s Varun steel,
Rampur, UP and M/s Dhamya PJ
foods Pvt. Ltd., Rampur, UP as well
as for all other such industries
which are extracting underground
water without valid CGWA NOC.

(iii) Report dated 06.12.2019 by the Ganga Monitoring

Committee, Phase I-B in respect of inspection
carried out at Kashipur.

There is also response of the CPCB filed 27.11.2019 to the final

report of the Monitoring Committee mentioned above to the

33
 effect that inspection of GPIs are done annually and action is
taken by the State PCB. We are of the view that even though
the inspection by the CPCB may continue to be done annually,
the State PCB must conduct inspections quarterly. The report
mentions as follows:
“From the details which are being recorded
hereinafter out of 8 industries situate in Kashipur except
for one namely M/s Vishwakarma Paper and Board Ltd.
no other industry has any valid subsisting 'no objection
certificate' from the CGWA. These industries in Kashipur
are drawing nearly 22000 cubic metres approx. of
underground water every day. The details of the
industries situate in Kashipur area which have been
inspected are disclosed in the form of a chart as follows:

S. Name of the Status of Quantum Letters Response

No. Industry & NOC Of Issued received
address gw/m3day from firms

1 M/sIGL Renewal 5096 01/08/19 for Compliance of

(Ethanol Plant) Pendingw compliance NOC on
Bazpur Road, ith of NOC 19/08/19
Kashipur, US CGWA,Ne
Nagar, wDelhi
Application No.
2 M/s IGL Renewal 3056 01/08/19 for Compliance of
(Chemical Pending compliance NOC on
Plant) Bazpur with of NOC 19/08/19
Road, Kashipur, CGWA
US Nagar, NewDelhi
Application No
3 2M/s NOCgran 4638.32 - Compliance
Vishwakarma ted received on
Papers & On17/04/ 02/07/2019
BoardsPvt.Ltd 2018
Application
No.214/882/U
R/IND/2017-
669 dated
17/04/19
4 M/s Banwari Applied 900 01/10/18, 24/06/2019
Paper Mills for 04/06/19, No response
Ltd Application NOC 13/06/19 to queries
No.21- which is 01/07/19 dated
4/1072/UR/IN under 01/07/2019
D/2018 scrutiny
5 M/s Applied 3440 Email sent 25/06/2019
CheemaPapersL for on 13/06/19 22/07/2019
imited, Fresh as directed
Application NOC by NGT
No.21- which is committee on
4/528/UR/IND under 12/06/10
/2017 dated scrutiny
24/05/2017
6 M/s Kashi Applied 406 10/01/18 22/07/2019&
Vishwanath for 24/05/19 06/08/2019
TextilesMillsPvt. Fresh 13/06/19
Ltd. Application NOC 03/07/19
No. which is
under
scrutiny
7 M/s Multiwal Applied 3633.42 13/06/19 Hard copy not
Pulp & for 23/09/19 yet received.
NOC

34
 Board Mills
Pvt. Ltd.,
Application No.
8 M/s Multiwal Applied 448.91 09/06/19, Hard copy not
Duplex Pvt. for 13/06/19 yet received.
Ltd., NOC 23/09/19& 22/07/2019
Application No. Notice on on document
08/11/2019 received

It is worthwhile to point out that industries at Item

Nos.4,5,6,7 and 8 have only made applications for grant
of 'no objection certificate' and are awaiting disposal of
their applications. They have been issued 'consent to
operate' by the Pollution department and are also
extracting underground water. Similarly, M/s I.G.L.
Distillery Unit and Chemical Plant are continuing to draw
underground water on the pretext that their applications
for renewal of no objection certificate is still pending
disposal before CGWA.

I may highlight that in para 8 of the order dated

23.07.2019 the Hon'ble Tribunal has already declared
such extraction of underground water by the industrial
units as illegal. For ready reference para 8 of the order
dated 23.07.2019 is quoted hereinbelow:

"Learned counsel appearing for M/s India Glycols

Limited, however, tried to justify the illegal drawal
of ground water without sanction even though the
area is semi critical, on the ground that application
for sanction was 'pending'. We do not find any merit
in this submission. Delay in deciding renewal
application could not be treated as a licence to draw
the ground water. The unit could take remedy
against such inaction. While regulatory authorities
are required to act promptly but any inaction is not
a ground for a citizen to take the law in his hands
instead of approaching the concerned higher
authority of the Court."
So far as the industries situate in Uttar Pradesh are
concerned, 3 industries were inspected namely:

i) M/s Radico Khaitan Ltd.

ii) M/s Rana Sugar Ltd.
iii) M/s Swati Menthol & Allied Chemicals Ltd.

RADICO Khaitan unit had a 'no objection certificate'

in its favour for drawal of 2600 cubic metres per day of
underground water which expired on 2nd October 2018.
They have continued to extract underground water even
thereafter on the plea that their application for renewal
dated 15.09.2018 is still pending with the CGWA.

M/s Rana Sugar Ltd. was granted 'no objection

certificate' on 14.10.2016. An inspection was made by
the CGWA on 30.04.2018 when the sugar plant of the

35
 unit was found to be non-operational and the distillery
had not been set up. An order for cancellation of the 'no
objection certificate' was issued by the CGWA on 10
December 2018.

However, on 17.04.2019 permission was granted to

run the distillery by the various departments of State of
Uttar Pradesh. Similarly, permission to operate has also
been granted by U.P. Pollution Control Board.

The unit is drawing underground water both in

respect of the sugar unit as well as its distillery unit
despite the order of cancellation of 'no objection
certificate' by CGWA dated 10.12.2018 on the pretext that
their application for reconsideration of the cancellation of
'no objection certificate' was pending before the CGWA.

M/s Swati Menthol & Allied Chemicals Ltd. was

admittedly extracting underground water to the tune of
15 cubic metres per day for its unit despite having neither
applied for nor having been granted any permission or ‘no
objection certificate’ by the CGWA.

It is surprising to note that large number of

industries are said to be operating both in Kashipur and
Rampur area which have been declared to be
critical/semi-critical zone by the CGWA without any valid
subsisting ‘no objection certificate’ from the CGWA. It is
also surprising that the underground water authority and
pollution department both in the State of Uttarakhand
and State of Uttar Pradesh are aware of the situation and
yet for years together there has been complete inaction
on their part to enforce rule of law in the matter of
extraction of underground water.

The situation is seriously alarming and needs

immediate intervention by the Hon'ble National Green
Tribunal so as to ensure that underground water is not
extracted without a valid subsisting 'no objection
certificate' from CGWA.

I was informed by the officers that the situation as

in Rampur and Kashipur prevails throughout the State of
Uttar Pradesh and State of Uttarakhand and more than
thousands of industries are extracting underground
water without any valid subsisting 'no objection
certificate' from the CGWA as on date.”

4. We have considered the above reports. Apart from taking

actions in terms of recommendations in the report of the
CPCB, further action needs to be taken in respect of
recommendations in the report of Ganga Pollution Monitoring
Committee to the effect that underground water is being
extracted illegally at large scale in ‘critical’ and ‘semi-
critical’ zones. There is complete inaction on the part of
States of Uttarakhand and Uttar Pradesh in this regard.

36
 5. Let the States of Uttarakhand and Uttar Pradesh take
remedial action in respect of individual industries as well as
general measures to ensure that there is no extraction of
ground water without prior permission of the CGWA. Before
any such permission is granted, CGWA may ensure actual
compliance of conditions of replenishment of the ground
water having regard to the water table in the area so that
there is no further deterioration of ‘critical’, ‘semi-critical’
and ‘over exploited’ areas in terms of ground water
availability. Any permission should be given based on study
of availability of ground water and periodical report that
replenishment had resulted in improvement in ground
situation.

6. The CPCB and the State PCB may ensure recovery of the
compensation already assessed by taking appropriate
coercive measures including closure of the erring industry till
deposit is made, apart from prosecution for violation of law,
after following due procedure.

7. The Chief Secretary, UP may file response to para 9 of the

order of this Tribunal dated 23.07.2019 by e-mail at judicial-
ngt@gov.in.

8. The CPCB and the State PCB may file further compliance
status report as on 30.04.2020, after carrying out detailed
inspections and also indicating compliance status with
regard to the issues considered in the three reports dated
23.10.2019 and report dated 06.12.2019 (by Ganga
Committee) and 27.11.2019 (by the CPCB) considered in para
3 above, before the next date by email at judicial-ngt@gov.in.”

Consideration today in the light of further reports

5. Accordingly, further reports have been filed by the CPCB dated

06.01.2021 and Oversight Committee1 dated 15.03.2021. Though CPCB

as well as the Oversight Committee have filed earlier reports also but we

consider it appropriate to refer to only the latest updated reports.

6. Delay in filing the said report is said to be on account of delay

in carrying out inspections due to lockdown. That is why the matter

is being taken up today after more than a year. We have noted the order

1
Constituted in terms of order dated 16.03.2020 in OA 670/2018, Atul Singh Chauhan v.
Ministry of Environment, Forests and Climate Change & Ors. by this Tribunal for compliance
of environmental norms in the State of UP headed by Justice SVS Rathore, former Judge of
the Allahabad High Court at Lucknow.

37
of the Hon’ble Supreme Court dated 05.03.2021 in Civil Appeal No.

734/2021, Shailesh Singh v. The State of Uttar Pradesh & Ors. requiring

the Tribunal to decide the matter today itself in view of delay in decision

so far. To put the record straight, it is noted that inspection by the

joint Committee could be conducted only on 27-28 October, 2020 and

reports became available only on 6.1.2021 and 15.3.2021 without

which the matter could not have been decided. On first date after

availability of the requisite reports, the matter has been taken up for

decision today in the light of the material on record. Further follow

up action is being left to be taken by the statutory regulators,

following due process.

7. The CPCB report dated 6.1.2021 refers to inspection of M/s. Radico

Khaitan Ltd., Rampur and 13 other industries carried out by a team of

officials of CPCB and UPPCB and Uttarakhand PCB on 27th and 28th

October, 2020. Observations with regard to the said 14 industries are as

follows:-

“1. Radico Khaitan Limited, Bareilly Road, Rampur, Uttar

Pradesh -244901

a. The unit shall obtain NOCs from CGWA for withdrawal of

groundwater at earliest for all the groundwater abstraction
sources, as the CGWA NOCs have already been expired on
02.10.2018.
b. The Unit shall ensure storage of concentrated spent wash
with total solids 30% in both the lagoons (at Hitachi and
Ajeetpur site) for use in biocomposting.
c. The unit shall provide proper lined surface in bio compost
yard at Hitachi site so that possibility of leaching shall be
eliminated.
d. The unit shall take measures to stop contamination of
piezometer well at downstream of Hitachi site.
e. The unit shall carry out detail study to identify
contamination source of Fe, Mn and Pb of piezometric
wells, hand pumps and bore wells and carry out remedial
measures.

2. M/s Damya (PJ) Foods, Pvt. Ltd Village- Chikna Shahbad

Road, Rampur244901 (UP)

38
 a. Unit shall install flow meters on the borewell in the
industry premises and maintain logbook for each flow
meter and obtain CGWA NOC for ground water
abstraction.
b. Unit shall install flow meter and maintain record for
treated effluent reused in horticulture.
c. Unit shall operate ETP properly to meet the discharge
standard.
d. Unit shall obtain adequacy report of ETP system from a
reputed expert government institutes.

3. M/s Usha Steel Process D-22, 23 & 29, Ajeetpur Industrial

Estate Ajeetpur, Rampur, (UP)

a. Unit shall install flowmeters on the borewell and other

points of effluent generations, reuse and discharge in the
industry premises with logbook for each flowmeter and
obtain CGWA-NOC for ground water abstraction.
b. Unit shall install flowmeter and maintain record for treated
effluent reused in process and amount of water
discharged.
c. Unit shall obtain adequacy report of ETP system from a
reputed expert government institutes.
d. Unit shall operate the ETP properly and ensure that treated
effluent shall meet the discharge norms.

4. M/s Swati Menthol & Allied Chemicals Ltd. 4.5kms.

Bareilly Road Rampur 244901 (U.P.).

a. The unit shall obtain NOC from CGWA for withdrawal of

ground water.
b. The unit shall install flowmeter at outlet of ETP
c. The unit shall carry out feasibility study to explore
possibility of reuse of treated effluent from ETP within
industrial processes.

5. M/s Rana Sugars Ltd. Khasra No.318-320, Manpur,

Belwara, DisttMoradabad, Uttar Pradesh-244925.

a. The unit shall obtain NOC from CGWA for extraction of

ground water.
b. The unit shall provide a separate area for storage of ETP
sludge and shall maintain record of the ETP sludge
generation and disposal.
c. The unit shall maintain record for fly ash generation and
its disposal.
d. The unit shall improve bio-mass concentration in the
aeration tank of ETP.
e. The unit shall prepare ETP dosing chemicals solutions;
using ETP treated effluent, to save fresh water.

6. M/s Rana Sugars Ltd. (Distillery Unit) Khasra No.318-

320, Manpur, Belwara, Distt- Moradabad, Uttar Pradesh-
244925.

39
 a. The unit shall obtain renewal of NOC from CGWA for
extraction of ground water.
b. The unit shall maintain records of Boiler ash and its
disposal/ utilization.
c. The unit shall install 2 nos piezo-wells near bio-compost
yards; as per requirement of SOP for distilleries using
molasses.

7. M/s India Glycol Ltd (Distillery Plant), Kashipur,

Uttarakhand.

a. The unit shall dismantle/completely fill/level both

discarded aeration lagoons as well as discarded clarifiers
and rectangular tanks located inside the unit premises
near incineration boiler in scientific manner so that there
shall not be any water logging.
b. In compliance to CPCB direction dated 14.03.2019, the
unit shall utilize/consume the diluted spent wash stored
in lagoon (of 3,50,000 m3 cap for 98 KLD stream, located
at Dabhora site) in bio-composting before June 30, 2021
as per standard operating process and the lagoons may
be filled with ash.
c. The unit shall comply with CPCB directions dated
14.03.2019.
d. As per the analysis result of sample collected from the
drain near incineration boiler (being used in ash quenching
and coal dust suppression), indicates higher color, BOD,
COD and TDS i.e., contaminated water. Hence, the unit
shall use the waste water as MEE feed.
e. The unit shall obtain valid agreement with cement units to
dispose of fly ash/bottom ash, as the existing agreement
has been expired in April-2020.
f. The unit shall install flow meters at outlet of STP at
residential colony and inlet and outlet of STP at distillery
plant and shall keep/maintain record of treated sewage
being utilized for horticulture.
g. Analysis result of sample collected from inlet of STP for
distillery plant shows high color, pH, BOD, COD, TDS and
TSS, hence mixing of domestic wastewater with seepage
of waste water from distillery could not be ruled out. The
unit shall ensure that no effluent get mixed with domestic
wastewater, shall reach to STP for treatment.

8. M/s India Glycols Limited (Chemical Unit) A-1, Industrial

Area, Bazpur Road, Kashipur, District-U.S. Nagar,
Uttarakhand.

a. The unit shall provide flow meter at inlet point of ETP, inlet
and outlet of STP to monitor the wastewater flow.
b. Unit shall provide dewatering system in sludge filter bed
in ETP system and filtrate should be taken back to
collection tank for further treatment.
c. The unit shall ensure that, untreated/partially treated
effluent/sewage shall not be discharged into storm water
drain.

40
 d. Collection tank of STP shall be repaired and unit shall
ensure, no untreated sewage discharge into storm water
drain.
e. The Unit shall improve operation and maintenance of
STPs.

9. M/s Kashi Vishwanath Textile Mill Ltd. (SPNG Group) 5th

Km Stone, Ramnagar Road, Kashipur-244713, Uttarakhand.

a. Non - compliance of ZLD.

b. The unit is discharging effluent through STP after dilution
with fresh water in violation of ZLD.
c. It is clearly indicated from the analysis of STP inlet and
secondary clarifier outlet that RO reject is discharged into
STP and diluted water is mixed into the STP system. It is
recommended that appropriate action as deemed fit shall
be initiated against the unit by UKPCB.
d. The unit shall obtain renewal of NOC from CGWA for
groundwater abstraction.

10. M/s Vishvakarma Paper & Boards Ltd., 4.5 km,

Ramnagar Road, Kashipur, Dist. U.S. Nagar, Uttarakhand.

Unit is self closed since 01.06.2020

11. M/s Banwari Paper Mill Ltd. 4th km stone, Rampur Road,
Kashipur, U.S. Nagar, Uttarakhand.

a. The Unit shall obtain NOC for withdrawal of groundwater

from CGWA.
b. The Unit shall operate ETP properly and shall comply with
the treated effluent quality parameters w.r.t. consented
norms.
c. The Unit shall restrict maximum production to
1650.0MT/month as per capacity permitted in
Consolidated Consent to operate and authorization (CCA).

12. M/s Cheema Papers Ltd 9 km stone Bazpur Road,

Kashipur Dist. U.S. Nagar, Uttarakhand.

a. The unit shall obtain valid NOC from CGWA for ground
water withdrawal.
b. The unit shall dismantle the outlet of partial treated
effluent from collection tank after secondary clarifier
ofETP before tertiary treatment.
c. The unit shall dismantle the multiple outlets from
collection tank of final treated effluent.
d. The unit shall stop un-scientific and unsafe dumping
(storage) of ETP sludge. A covered shed with platform
shall be constructed to store ETP sludge.
e. The unit shall install V-notch at ETP inlet properly.
f. The unit shall install flow meter on all water abstraction
points.
g. The unit shall increase capacity of sedi-cell (for pulp
removal/recovery).

41
 h. The unit shall maintain proper ETP logbooks of energy
meter and inflow.
i. The unit shall maintain environmental laboratory
equipment properly.

13. M/s Multiwal Duplex Pvt. Ltd. Kundeshwari Road,

Kashipur Dist.: U. S. Nagar, Uttarakhand.

i. The unit was found temporarily closed. As informed by

the unit's representative, the unit is non-operational since
26. 10.2020.
ii. The unit shall obtain NOC for withdrawal of groundwater
from CGWA.
iii. The unit shall install flow meter with totalizer on bore well
used for domestic purpose.
iv. The unit shall restrict its production as per the consented
capacity i.e. 900 MT/month.
v. UKPCB should verify the compliance with effluent
discharge standards on resumption of manufacturing
operations.

14. M/s Multiwal Pulp and Board Mills (P) Ltd. Bazpur Road,
Kashipur Dist. U. S. Nagar, Uttarakhand.

i. The unit was found temporarily closed. As informed by the

unit's representative, the unit was non-operational since
28.09.2020.
ii. The unit shall obtain NOC for withdrawal of groundwater
from CGWA.
iii. UKPCB should verify the compliance with effluent
discharge standards on resumption of manufacturing
operations.”

8. The report of the Oversight Committee mentions the studies of water

pollution in the area and NMCG report titled “Pollution Assessment: River

Ganga” to the effect that there are 764 grossly polluting industries (GPI)

in the mainstream of Ganga and its tributaries i.e. Kali (E) and

Ramganaga. Out of the 687 industrial units are situated in Uttar

Pradesh. Information about water consumption and waste water

generation by the industries in the said area is shown by the following

tables:

“4. xxx……………………..xxx………………..xxx………..

State Number of Water Wastewater

Industry Consumption generation
(MLD) (MLD)

42
 Uttar Pradesh 687 693 269
Uttarakhand 42 224 127
Bihar 13 91 17
West Bengal 22 116 87
Jharkhand 0 0 0
Total 764 1123 501

xxx……………………..xxx……………………..xxx………………..

Type of industry Total Unit Water Wastewater

Consumption Generation
(MLD) (MLD)
Chemical 27 210.9 97.8
Distillery 33 78.8 37
Food, Dairy & 22 11.2 6.5
Beverage
Pulp & Paper 67 306.3 201.4
Sugar 67 304.8 96.0
Textile, Bleaching 63 14.1 11.4
& Dyeing
Tannery 444 28.7 22.1
Others 41 168.3 28.6
Total 764 1123 501 ”

9. Finally, the report gives the compliance status in tabular form with

regard to the industries in UP, as follows:-

“ Issues Compliance Remarks

Status
M/s Radico Khaitan Ltd.

Did the unit get NOC for Complied Yes

ground water drawl?

Manufacturing of alcohol by Partial compliance The CPCB in its compliance report

the unit even after the mentioned that an abeyance letter
closure order of the CPCB, was issued by the CPCB on
i.e., between 17.02.2019 to 02.01.2019 which was
11.05.2019 is totally misunderstood by the unit and
unjustified and virtually considered it as permission to
amounts to negation of rule continue operation. Chief Secretary
of law. Chief Secretary may UP had filed his response in the
file his report. compliance report dated 28.08.2020.
Open lagoons must be Complied The CPCB found this suggestion
replaced by covered storage technically infeasible and informed
Steel tanks for receiving the the Committee accordingly.
spent wash of molasses
with provision for controlled
discharge of gases
therefrom. This is
necessary, as large open
surface area of existing
lagoons leads to more
amount of air being polluted

43
after coming into contact
with spent wash. All
suitable amendments may
be carried by CPCB in
guidelines.
Officers of the State of Uttar Partially complied Additional Chief Secretary, Excise
Pradesh who had orally Shri Sanjay Bhoos Reddy mentioned
instructed the officers and that they have already instituted an
managers of Radico Khaitan enquiry based on the report of
Ltd. to continue the Commissioner. The file has been put
production even after the up for orders and had been send
closure order of the CPCB, through Chief Secretary to Hon’ble
and those who failed to NGT dated 28.08.2020.
ensure the closure must be
identified by the Chief
Secretary of the State of
Uttar Pradesh and suitable
action shall be taken.
The primitive method of complied The CPCB mentioned that excess
marking with red at a capacity in Lagoon-I had been
particular height in the dismantled and Lagoon-II and
lagoons be eliminated and if Hitachi site has been truncated.
necessary, then, only
required capacity lagoon The committee is of the view that
duly calibrated, be regular monitoring of the situation of
permitted. Excess capacity the lagoons should be done.
must be filled or dismantled
scientifically.
Withdrawal of underground Partially complied The Unit needs to implement Water
water must be restricted to Audit report. It also needs to contact
the minimum required Municipal Authorities for getting
quantity with a condition of retreated water. It may install a
payment of water charges tertiary water treatment plant for
on the principle 'more the utilising municipal treated water for
consumption higher the its consumption.
rate'. This will act as a
deterrent for withdrawal of It is pertinent to mention here that
underground water beyond Section 16 of Act no 13 of 2019 has
what is necessarily required introduced the concept of charging
by the unit. fee on ground water extraction/
drawl.
The requirement of Non-complied The actual requirement has not been
groundwater should be calculated yet by any Government
calculated. authority. Company itself has
mentioned 50 its consumption in its
report. CPCB may be asked to do so
and let this Committee know about it
within one month. However, under
the new State Act (Act no. 13of 2019)
there is a provision for fixing the limit
of ground water extraction.
Strict monitoring on Complied So far compliance not done. CGWA
readable parameters be was doing it based on thumb rule of
done in respect of 50% recharge for each submergence.
recharging the underground This is a notional figure and needs to
water through rainwater be replaced by actual monthly
harvesting by the unit etc. piezometric readings of groundwater
level. SGWA should install these
meters and the readings be taken
departmentally. The meters may be

44
 connected online with central
computer at SGWA Headquarters.
Calibration of water flow Complied CGWA found the calibration of the
meters be ensured by water flow meters within the order.
government agencies with
verification at least once in a
year.
The unit must utilize the Partially Complied CPCB mentioned that such direction
land which will become had been given in writing by UPPCB
available after removal of to the unit. Member Secretary,
the lagoons, or otherwise for UPPCB Shri Ashish Tiwari mentioned
thick forestry in the ensuing that he would get the unit inspected
rainy season. within a week to find out whether the
land left by dismantling lagoon-I and
truncation of the site in lagoon II and
Hitachi site is being used for forest
purpose or not.

The industry must be asked Complied The UP Excise Department has

to control its production so mentioned that the unit is strictly
as to ensure that in no case adhering to its limit.
spent wash collected in the
lagoons exceeds its fixed
capacity on monthly basis.
The land area necessarily Partially complied The unit had to maintain adequate
required for bio-composting covered bio compost area as per its
in respect of disposal of consented capacity of 200 KLPD.
spent wash must be CPCB in its Joint Inspection dt 27.10
calculated and the industry .2020 informed that it has 25 acres
must keep that land area of covered bio composting area out of
fully covered with provision total 60 acres of total bio composting
of leachate collection drains. area as against requirement of 24
No composting be permitted acre commensurate with its
on uncovered land. consented capacity. Hence the area
is adequate.
The unit must maintain Complied UPPCB mentioned that the unit is
specific verifiable records, already submitting all details to
which can be examined at CPCB of bio-compost produced and
any given point of time in sold on monthly basis. The solid
respect of total quantity of waste data is submitted to UPPCB on
biocompost generated and yearly basis.
sold to the known
purchasers. The distillery
must maintain similar
records in respect of solid
waste and disposal thereof
to known vendors.
CPCB has calculated the Complied UPPCB mentioned that the unit had
Environmental deposited the entire amount of Rs.
compensation amount (as 7.29 crores.
per the methodology of EC)
in compliance of the NGT
order dated 20.05.2019
which is Rs.7.29 Crores
including the EC imposed
earlier.
The unit had been illegally Non-complied CPCB has neither assessed the price
continuing its production of alcohol produced during the said
from 17.02.2019 to

45
11.05.2019 and, therefore, period nor has it issued any notice.
the price of alcohol produced CPCB may take steps for compliance.
during the period should be
recovered from it.
CPCB in its compliance Non-complied Neither those charges have been
report has asked CGWA to calculated nor notice given nor any
calculate water charges money realized for these water
after expiry of NOC. charges.
In addition, the entire price Non-complied There is no mention of calculation of
money received in respect of price of alcohol produced between
alcohol/products generated 17.02.2019 to 11.05.2019 from it in
by the industry during the CPCB compliance. ACS Excise UP
period of the CPCB closure has assured that they would
order, i.e., between calculate the entire amount and
17.02.2019 to 11.05.2019 inform NGT so that it could be
be recovered as recovered from the Unit.
Environmental
Compensation (EC).
Separate electricity meter Complied CPCB mentioned that it has been
exclusively for ETP shall be installed.
installed and its bill must be
kept on-site for verification.
M/s Damya PJ Food Private Limited, Rampur

Applications for 'no objection Non-complied It did not have NOC of CGWA. CPCB
certificate' should be in its compliance mentioned that
considered and decided UPPCB had given a Show Cause
within a month by CGWA Notice to M/s Damya PJ Food Private
and if the applications are Limited, Rampur under the Water
not found satisfactory then (Prevention and Control of Pollution)
the same must be rejected Act, 1974.
with a further direction to
stop water extraction.
All industries must be asked Complied The unit has installed ETP and using
to maintain verifiable a separate energy meter for ETP.
records of ETP waste and During inspection, no untreated
other solid waste generated effluent was found to be discharged.
as well as its disposal to the
known buyers.
CPCB/SPCB shall take Complied Environmental Compensation of Rs
necessary actions against 2.5 lac was imposed on the unit.
the non-complying They have paid full environmental
industries in Uttar Pradesh compensation.
M/s Varun Steel:

Applications for 'no objection Non-complied It did not have NOC from CGWA for
certificate' should be extraction of groundwater. CPCB in
considered and decided its compliance mentioned that this
within a month by CGWA unit was given a notice for
and if the applications are noncompliance under the Water
not found satisfactory then (Prevention and Control of Pollution)
the same must be rejected Act, 1974
with a further direction to
stop water extraction. However, now under the Act no 13 of
2019 matters of issuing NOC shall be
dealt with by the District Ground
Water Management Council.
All industries must be asked Complied During the inspection, no untreated
to maintain verifiable effluent was found being discharged
records of ETP waste and and the unit was found compliant
other solid waste generated with the provisions of the Water

46
as well as its disposal to the (Prevention and Control of Pollution)
known buyers. Act, 1974.
CPCB/SPCB shall take Complied Environmental Compensation of Rs
necessary actions against 2.5 lacs was levied on the unit which
the non-complying it has deposited.
industries in Uttar Pradesh.
Authorization for Hazardous Complied Authorization for hazardous waste
waste management management has been taken by
them
Other directions:

The industries encroaching No compliance report furnished

upon the drains must be meaning thereby it is yet to be
asked to clear the complied.
encroachments and drains
must be left free to flow in
their natural course.
Actual requirement of No compliance report furnished
underground water by the meaning thereby it is yet to be
industry must be verified complied.
through independent
Government agencies.
All industries must be asked No compliance report furnished
to maintain verifiable meaning thereby it is yet to be
records of ETPwaste and complied.
other solid waste generated
as well as its disposal to the
known buyers.
No additional pump with No compliance report furnished
loose connection be meaning thereby it is yet to be
permitted as stand by at complied.
ETP of any of the industry.
De-silting of drains must be No compliance report furnished
completed at the earliest meaning thereby it is yet to be
with a direction to transport complied.
the removed silt to a safe
identified place.
Joint inspection of all 86 GPI UPPCB along with CPCB will conduct
industries be undertaken this inspection.
afresh in light of issues
considered in the report.
Wherever timelines have No compliance report furnished
been fixed for works to be meaning thereby it is yet to be
undertaken by industries, complied.
performance bank
guarantee must be insisted
upon as a condition of
revocation.
Many of suggestions and No compliance report furnished
observations made under meaning thereby it is yet to be
para A, B and C are generic complied.
and applicable/ per-se for
all industries. These may
require revision of
Guidelines and Charter
being followed by Central
and State PCBs which
regulating and monitoring
the operations of these
industries. Necessary and
suitable review and revision

47
of these Guidelines and
Charters may be carried out
by Central and State PCBs
in fixed time frame of four
months.”
“The CPCB and the State UPPCB has asked the CPCB in its
PCB may file further letter dated 11.02.2020 to submit
compliance status report as information on the cause and effect
on 30.04.2020, after study on the groundwater.
carrying out detailed
inspections and also
indicating compliance status
with regard to the issues
considered in the three
reports dated 23.10.2019
and report dated
06.12.2019 (by Ganga
Committee) and 27.11.2019
(by the CPCB) considered in
para 3 above, before the
next date by email at
judicial-ngt@gov.in.
The charges payable by the The Radico Khaitan industry had
company for withdrawal of been paying up to Rs 2500000/-
underground water must be Year from past 25 years as water
fixed on the principle 'more cess under erstwhile Water
the withdrawal, higher the Prevention and Control of Pollution)
rates'. The water charges Cess Act, 1977 till May 2017 when
which has not been paid for the said Cess Act was replaced vide
years must be recovered the Taxation Laws (Amendment) Act,
together with the interest at 2017.
the rate of 18% per annum.
No compliance report furnished by
other industries meaning thereby it is ”
yet to be complied.

10. The Committee has made following recommendations:-

“12. Recommendations:

The Oversight Committee reserved its recommendations only

to units located in the State of UP because some of the units
in this case are located in the State of Uttarakhand which
would be dealt by the Uttarakhand Oversight Committee.

12 (A) Recommendations pertaining to the unit:

(1) The Industry was found non-complying with the

following issues even after so many reminders:

(i) At the time of inspection the floating levelling system

was not operational at Ajeetpur site. Although the
concentrated spent wash was within the limit marked
by UPPCB.
(ii) The total area of two bio-composting yards was 60
acres out of which 25 acres was covered and
remaining 35 acres of area was uncovered or open.

48
 The requirement of covered bio-compost area to
operate at consented capacity of 200 KLPD is 24
acres.
(iii) Water logging was observed near the lagoon at
Hitachi site. Samples of the same were collected by
Joint team.
(iv) At bio-compost yard of Ajeetpur site, it was observed
that at leachate collection pit, transfer pump was not
provided by the unit.
(v) COD was reported from the ground water is a
point of concern and probable source of it
should be identified.
(vi) Site:
 Hand-pump of Hitachi Bio-compost Yard:
The concentration of Copper and Iron was
found beyond the permissible limits.
 Piezo-metric well u/s of Hitachi Yard: The
concentration of COD, Iron, Manganese
and led was found beyond permissible
limits.
 Piezo-metric well d/s of Hitachi Yard: The
concentration of COD, TDS, TS, Iron,
Manganese, Lead and Colour was found
beyond the permissible limits.
 Piezo-metric well u/s of Ajeetpur Yard: The
concentration of COD, Iron and Manganese
was found beyond the permissible limits.
 Piezo-metric well d/s of Ajeetpur Yard: The
concentration of COD, Iron, Manganese
and Lead was found beyond the
permissible limits.
 Groundwater from the borewell in unit
premises: The concentration of Iron and
Manganese was found beyond the
permissible limits.
As per the report the probable reasons for
the contamination are leaching of the iron
and galvanised pipes which seems very
superficial and a detailed study should be
done in this regard. Presence of high
concentration of pollutants in the
groundwater samples calls for a detailed
analysis of soil profile to check the level
and source of contamination in the area.

(2) The analysis of samples drawn from the STP

indicates that the industrial waste is rich in Iron,
Copper and Manganese. Thus a detailed study is
recommended to check the probable relation if any
exists between the industrial waste and groundwater
contamination.

The industry is directed to comply with the following

recommendations of the joint inspection:

49
 1. The unit shall obtain NOCs for the drawl of
groundwater at earliest.
2. The unit shall ensure storage of concentrated
spent wash with total solids 30% in both the
lagoons at Hitachi and Ajeetpur site) for use in
bio-composting.
3. The unit shall provide proper lined surface in bio-
compost yard at Hitachi site so that possibility of
leaching shall be eliminated.
4. The unit shall take measures to stop
contamination of piezometer well at downstream
of Hitachi site.
5. The unit shall carry out detailed study to identify
contamination source of Iron, Manganese and
Lead of piezometric wells, hand pumps and bore
wells and carry out remedial measures.

12 (B) Recommendations in case of other units:

The Oversight Committee noted that all other units viz Rana
Sugars, Swati Methanol, Varun Steels and Damya PJ Foods
Pvt Ltd were abstracting groundwater without SGWA
permission. The Oversight Committee recommends that a
detailed groundwater study be done by SGWA as the case
may be and any permission to abstract groundwater be
incumbent on the result of the study. These units be directed
to minimise their water consumption based on water audit
studies. Also they may be asked to explore the possibility of
using treated water/ water harvesting /recycling
techniques. Water tariffs for ground water as per
rules/guidelines be communicated and charges levied
immediately. Pending EC on these units be realised by
UPPCB immediately.

12 (C). General recommendations:

1. All Units abstracting ground water should be

directed to get water audit conducted to assess
the actual water requirement of the plant as well
as for assessment of the requirement which could
be met from other sources like surface water,
reuse of treated water or water harvesting.
2. All such industries should discuss this issue with
municipal bodies and find out the ways to use
treated water for industrial purposes. A holistic
plan which could lead to minimal wastage of
water should be prepared and made operational.
3. The industries should be directed to install
tertiary water treatment facilities to make the
water suitable for drinking and consumption.
4. Regarding Quality Control of Ground water,
shallow borewells be dug around all such units
and water samples be periodically analysed by
CGWA/SGWA for any traces of contamination.
The records be documented and put on the
portal.

50
 5. The ETPs of GPIs be connected mandatorily with
OCEMS and connected to 24X7 Control Room at
State Headquarters for continuous monitoring.
6. There should be some mechanism for providing
some incentives to those industries which are
using innovations/best practices while following
all the environmental rules to prevent any kind
of air, water and soil pollution during the
production. Regarding this certification system,
consumer awareness campaigns should also be
launched.
7. Also, the Industries should harvest the rainwater
and use it, rather than extracting groundwater.
Thus they will reduce their dependency of
groundwater resources. All the industrial units
and industrial parks should be directed to
construct their rain water reserves and run on
the condition of zero ground water extraction
unit.
8. All the small and large scale industries should
be directed to develop a green belt in nearby
areas equal to three times of their own land area
and also to adopt wetlands of the nearby areas
and create new ponds and to maintain the same
as a component of their Corporate Social
Responsibility (CSR).

11. Affidavit has been filed on 05.10.2020 by Radico Khaitan Limited to

the effect that it has given representation to the CGWA and also got a

report from a consultancy agency to the effect that the said unit was

recharging the ground water. On that basis, it has again applied for

renewal of NOC. Another Affidavit has also been filed on 27.01.2021 by

said unit to the effect that NOC has been granted to it by UP Ground Water

Management Council for the three borewells of the said unit.

12. There is no separate report from the Uttrakhand PCB.

13. We have considered the above reports and heard learned counsel for

the appearing parties. There is no objection to the report of the

Oversight Committee in respect of the units in the State of UP or to

the report of the joint Committee filed by the CPCB. We do not see

any reason not to accept the same. Accordingly, the said reports are

51
accepted. Action may accordingly be taken by the concerned units

and the statutory regulators.

14. The industries in the question in the State of UP as well as

Uttrakhand may comply with the deficiencies noticed in the reports which

may be overseen by a joint Committee of CPCB and the concerned State

PCBs. The State PCBs may take necessary further action based on the

observations of the joint Committee, which may include coercive measures

like recovery of compensation and initiating prosecution, following due

process of law. An action taken report may be periodically provided by

the State PCBs to the Chairman, CPCB for any further directions for

the remedial action. The State PCBs may recover compensation already

assessed by taking suitable coercive measures, including closure. The

State PCBs may impose appropriate conditions as part of consent

conditions. Since the rivers in questions are finally meeting river Ganga,

orders of this Tribunal in OA 200/2014, M.C. Mehta v. Union of India &

Ors., wherein vide order dated 18.12.2019, the Tribunal directed the

NMCG and concerned States, including Uttarakhand and UP to prevent

discharge of industrial effluents in river Ganga and its tributaries by

ensuring proper functioning of ETPs/CETPs, are attracted which need

compliance. The Ganga matter was last considered on 08.2.2021 in the

light of progress report and directions were issued for further remedial

action to ensure prevention of pollution of river Ganga and its tributaries

and to file a further progress report with the NMCG. Accordingly, the

States of UP and Uttrakhand may include the present issue also in its

progress report to the NMCG as the issue has bearing on pollution of

Ganga.

52
15. With regard to the affidavit filed by Radico Khaitan that it has a

report from a private consulting agency, it is made clear that report of such

agency cannot be treated as conclusive and needs to be evaluated by the

statutory regulators based on ground verification.

16. Learned counsel for the UP State PCB submits that polluted water

is being discharged from the Uttarakhand by the industries which is

flowing to the State of UP. This may be looked into by the CPCB and based

on observations of the CPCB, appropriate remedial action be taken to

prevent such pollution by the State of Uttarakhand and its authorities.

Regular vigilance may be maintained by the concerned SPCBs and

other statutory regulators and impact on water quality of river Kosi,

Dhela, Bhela, Ramganga and finally on Ganga may be overseen by

CPCB and NMCG also.

The applications are disposed of.

A copy of this order be forwarded to CPCB, NMCG, Chief Secretaries

and State PCBs of Uttarakhand and UP by e-mail for compliance.

A copy of this order be also forwarded to Justice SVS Rathore, former

Judge of Allahabad High Court now at Lucknow by e-mail.

In view of above order, all pending interim/execution/

miscellaneous applications will stand disposed of.

Adarsh Kumar Goel, CP

S.K. Singh, JM

Dr. Nagin Nanda, EM

March 18, 2021
Original Application No. 324/2016
With other connected matters.
DV

53