ORDER : 1. This appeal arises out of the judgment and order passed by the National Green Tribunal 1 [“Tribunal”] dated 01.09.2021 in Original Application No.539 of 2019 as per which the Tribunal passed the following Order: “157. We are further of the opinion that following directions are necessary for ensuring compliance of environmental norms by the units:- i.) All the Units must ensure continuous running of ETPs even during the non-crushing season for the adequate maintenance of required bio-mass so that the ETP is able to take the load/shock when it receives the pollution load/effluent at the start of the crushing season. ii.) All the Units in question must provide for separate Energy Meter for entire ETP setup including its accessory units with data logging facility which shall be inspected by UPPCB and CPCB from time to time. iii.) UPPCB must ensure Interlocking of Pollution Control Devices with production processes (one way but not vice-versa) so as to ensure that whenever ETPs/PCDs are intentionally closed, the production also comes to halt. iv.) Regular inspections should be carried out by the statutory authorities in both halves of the crushing season and also at least once in non-crushing season. v.) Since the Asmoli Unit falls in the critical zone with respect to ground water withdrawal, an assessment of water recharge needs to be carried out by CGWA or UPGWB before issuance of NOC. The Statutory Authorities are directed to ensure the above directions strictly so that industries may run without causing damage or loss to the environment as well as to the local inhabitants and farmers residing nearby the Units.” 2. While issuing notice, this Court on 08.10.2021 passed an interim order to the following effect: “Issue notice, returnable in six weeks. In the meanwhile there will be a stay of the order impugned to restricted to the direction for payment of compensation of Rs.5,00,00,000/-(Rupees five crores only) in respect of each unit and to the costs of Rs.10,00,000/-imposed on the Respondent Nos. 1 to 3. A committee may be constituted to make a detailed study as directed by the order impugned, but no further steps shall be taken by the Committee for a period of six weeks from date.” 3.
1 to 3. A committee may be constituted to make a detailed study as directed by the order impugned, but no further steps shall be taken by the Committee for a period of six weeks from date.” 3. Pending disposal of the appeal on 06.09.2024, we directed for a joint report by the Central Pollution Control Board (CPCB) and the State Pollution Control Board indicating the compliances as per the directions of the National Green Tribunal. 4. In furtherance of our direction, a joint report dated 20.12.2024 is filed. The joint report speaks about the compliances rather non-compliances by the four units, the relevant portion of the report is as under: “7.1 M/s Dhampur Bio Organics Ltd., Unit-Asmoli, District Sambhal(Sugar Unit) Conclusion: 1. Unit was non-operational during joint site inspection by CPCB and UPPCB on 10.10.2024 due to non- crushing season. During survey of the surroundings of the unit and Sot river, no coloured water was visible at the time of visit. 2. The ground water sample analysis result does not indicate impact due to the industry. 3. The unit has complied with the recommendations of Joint Inspection report dated 13th January 2021. Details of the same are mentioned in Part C of the report. 4. The details of the verification of the directions of Hon’ble NGT passed vide judgement dated 01.09.2021 are mentioned in Part D of the report. Unit has complied all the points except the directions regarding interlocking of Pollution Control Devices with production processes. 5. The detailed compliance status of Environmental Clearance (EC) conditions is mentioned at Part E of the report. The unit has not compiled with the following conditions: i. No rainwater harvesting system was observed in the plant. ii. Not installed CAAQMS. Inspections by third party institutes authorised by CPCB in the past: A third party technical institutes authorised by CPCB carried out inspection of the unit in operational condition on 20-02-2022 and 01-03-2023 and unit was found complying standards during both Inspections. Recommendations: 1. The unit shall maintain the ash disposal record with respect to disposal and distribution. 2. Unit shall implement a system for interlocking of the pollution control plants/devices and the production process, as directed by Hon’ble NGT-PB. 3. UPPCB shall carry out random inspection of the unit in operational condition. 4. Unit shall comply with following EC conditions: i. Install CAAQMS stations as per EC condition. ii.
2. Unit shall implement a system for interlocking of the pollution control plants/devices and the production process, as directed by Hon’ble NGT-PB. 3. UPPCB shall carry out random inspection of the unit in operational condition. 4. Unit shall comply with following EC conditions: i. Install CAAQMS stations as per EC condition. ii. Make provision for rain water harvesting as per EC condition. 7.2 M/s Dhampur Bio Organics District Bareilly (Sugar Unit) Ltd., Unit-Meergani, Conclusion: 1. Unit was non-operational during joint site inspection by CPCB and UPPCB on 18.10.2024 due to non-crushing season. During survey of the surroundings of the unit and Sot river, no coloured water was visible at the time of visit. 2. The ground water sample analysis result does not indicate impact due to the industry. 3. The unit has complied with the recommendations of Joint Inspection report dated 13th January 2021. Details of the same are mentioned in Part C of the report. 4. The details of the verification of the directions of Hon’ble NGT passed vide judgement dated 01.09.2021 are mentioned in Part D of the report. Unit has complied all the points except the directions regarding interlocking of Pollution Control Devices with production processes. 5. The detailed compliance status of Environmental Clearance (EC) conditions is mentioned at Part E. The unit has not compiled with the following conditions: i. No rainwater harvesting system was observed in the plant. ii. Not installed CAAQMS. Inspections by third party institutes authorised by CPCB in the past: A third party technical institutes authorised by CPCB carried out annual inspection of the unit in operational condition on 17-01-2022 and 15-02-2023 and unit was found complying standards during both inspections. Recommendations: 1. The unit shall maintain the ash disposal record with respect to disposal and distribution. 2. Unit shall implement a system for interlocking of the pollution control plants/devices and the production process, as directed by Hon’ble NGT-PB. 3. UPPCB shall carry out random inspection of the unit in operational condition. 4. Unit shall comply with following EC conditions: i. Install CAAQMS stations as per EC condition. ii. Make provision for rain water harvesting as per EC condition. 7.3 M/s Dhampur Sugar Mills Limited, Village Alhaipur, Tehsil Dhampur, District Bijnor (Sugar Unit) Conclusion 1. Unit was non-operational during joint site inspection by CPCB and UPPCB on 16.10.2024 due to non-crushing season. 2.
Unit shall comply with following EC conditions: i. Install CAAQMS stations as per EC condition. ii. Make provision for rain water harvesting as per EC condition. 7.3 M/s Dhampur Sugar Mills Limited, Village Alhaipur, Tehsil Dhampur, District Bijnor (Sugar Unit) Conclusion 1. Unit was non-operational during joint site inspection by CPCB and UPPCB on 16.10.2024 due to non-crushing season. 2. Analysis results of samples collected from Ikra drain and bore well indicate no industrial impact. 3. The unit has complied with recommendations of Joint Inspection report dated 02-03 Feb 2021 (detailed findings in Part C), except following: a. Unit has not reclaimed/filled up 4000 m3 capacity lagoon near its agricultural fields completely. It was partially filled with mud and rainwater and HDPE lining still exists. b. Unit has not implemented the suggestion to enhance capacity of water tank for filter backwashing. The unit explained that the existing capacity has been sufficient which can be verified in periodic inspections of the unit in operational condition by UPPCB. 4. The details of the verification of the directions of Hon’ble NGT passed vide judgement dated 01.09.2021 are mentioned in Part D of the report. Unit has complied all the points except the directions regarding interlocking of Pollution Control Devices with production processes. Inspections by third party institutes authorised by CPCB in the past A third party technical institutes authorised by CPCB carried out annual inspection on 12-01-2022 and 14-02- 2023. Unit was found not complying standards during inspection on 12-01-2022 and UPPCB issued show-cause notice to the unit on 22-02-2022 which was later withdrawn as unit was found complying standards in subsequent inspection by UPCB. Unit was found complying standards during inspection on 14-02-2023 by third party technical institute authorised by CPCB. Recommendations: 1. The unit shall either cover the 4000 m3 capacity earthen lagoon, which was used for storing treated effluent in the past, with brick-lining or reclaim/fill up it completely. 2. Unit shall implement a system for interlocking of the pollution control plants/devices and the production process, as directed by Hon’ble NGT- PB. 3. UPPCB shall carry out random inspection of the unit in operational condition. 7.4 M/s Dhampur Sugar mills limited Chemical Division., (Distillery Division) Dhampur District Bijnor on 16.10.2024 Conclusion: 1. Unit was non-operational during joint site inspection by CPCB and UPPCB on 16.10.2024 due to shortage of raw material (molasses & grain). 2.
3. UPPCB shall carry out random inspection of the unit in operational condition. 7.4 M/s Dhampur Sugar mills limited Chemical Division., (Distillery Division) Dhampur District Bijnor on 16.10.2024 Conclusion: 1. Unit was non-operational during joint site inspection by CPCB and UPPCB on 16.10.2024 due to shortage of raw material (molasses & grain). 2. The unit has complied with the recommendations of Joint Inspection report dated 02nd Feb 2021. Details of the same are mentioned in Part B of the report. Conclusion:3. The detailed compliance status of Environmental Clearance (EC) conditions is mentioned at Part C. The unit has not compiled with the following conditions: a. DG is not provided with acoustic enclosure. Inspections by third party institutes authorised by CPCB in the past: A third party technical institutes authorised by CPCB carried out annual inspection of the unit in operational condition on 15.01.2022 and 18.03.2023 and the unit was found complying no effluent discharge condition during both inspections. Recommendations: 1. Unit shall provide acoustic enclosure at the DG set. 2. UPPCB shall carry out random inspection of the unit in operational condition. 8. That in addition to the aforesaid submissions, it is humbly submitted that this Answering Respondent shall abide by any/all orders or directions passed by this Hon’ble Court.” 5. It is evident from the above that there are certain directions of the National Green Tribunal which have been complied and some directions are not yet complied with. We are of the opinion that it would be appropriate if we direct the Tribunal to monitor the compliances and ensure that its judgment dated 01.09.2021 is fully implemented. After ensuring implicit compliances of the directions, the Tribunal may revisit the directions with respect to payment of compensation and pass such orders as may be necessary. 6. Before issuing any further directions, the Tribunal shall hear all the parties to the proceedings. 7. Pending disposal of the original application, the interim order(s) passed by this Court shall continue until modified by the National Green Tribunal, at its own discretion. 8. The Civil Appeal is disposed of in terms of the above.