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A. It is submitted that the subject cited industry is small scale red category dyeing unit. Earlier, the industry had obtained auto generation and renewal of consent to operate under the Water (Prevention & Control of Pollution) Act, 1974 vide no. CTO/Renewal/LDH4/2024/25026869 dated 05.03.2024, which is valid upto 05.03.2027 for production of dyed polyester @ 05 T/day and dyed P/C cotton @ 02 T/day and for discharge of trade effluent @ 99.5 KLD and domestic effluent @ 0.5 KLD into the dedicated conveyance system leading to CETP of capacity 40 MLD Focal Point Module.
B. Thereafter the industry has obtained auto generation renewal of consent to operate under the Air (Prevention & Control of Pollution) Act, 1981 has obtained vide no. CTO/Renewal/LDH4/2024/25026807 dated 09.03.2024, which is valid upto 09.03.2027 for using of agro waste & wood as fuels in its one boiler of capacity 03 TPH attached with twin cyclone as APCD & one thermopack of capacity 1000 U attached with dust collector as APCD.
C. Earlier, a night surveillance in Focal Point area was carried out by Board officers alongwith M.C. Ludhiana team to check the instances of illegal discharge of electroplating effluent and dyeing effluent into the public sewer on 07.01.2025.The surveillance team found colored effluent in the M.C. sewer near the industry. The observations at the time of visit were:- 1. The coloured effluent with considerable flow was flowing into the manhole of the M.C. sewer through an outlet. The team took the samples of colored effluent flowing into sewer. 2. The team back tracked the sewer towards upstream. 3. The sewer line directly led to the houdis lying outside the subject cited industries. 4. The industries were visited surprisingly. 5. The two separate houdis leading from M/s Keshav Scientific Dyers, E-676, Phase-8, Focal Point, Ludhiana and another leading from M/s Nav Durga Dyeing House, E-675, Phase-8, Focal Point, Ludhiana were checked. 6. The same colored effluent was found in both the said houdis. 7. Also the manhole of M.C. sewer line further upstream of these units were checked and no colored effluent was found. 8. From above, this was ascertained that effluent is coming from both or either of these units. 9. The team then checked their individual effluent collection tanks and effluent lying/flowing from the collection tanks of both the industries had similar characteristics like same shade and color, its temperature and apparently of almost same nature. 10. The waste water being of same coloured in nature revealed and indicates that the effluent belongs to these two dyeing industries. 11. These both units were found in operation during the visit. 12. Another industry in immediate vicinity namely M/s B.M. Processors, E-674, Focal Point, Phase-8, Ludhiana which was checked and it was found closed. 13. Therefore, the samples from the collection tank of these dyeing industries i.e. M/s Keshav Scientific Dyers, E-676, Phase-8, Focal Point, Ludhiana and M/s Nav Durga Dyeing House, E-675, Phase-8, Focal Point, Ludhiana were collected and was sent to Zonal Lab., Ludhiana for its analysis and its results is enclosed. 14. From above, it was inferred that both the industries have provided illegal bye pass arrangement for discharging their untreated effluent into M.C. sewer. 15. It is relevant to mention here that the discharge of these industries w.r.t their shares obtained from PDA (CETP 40 MLD Focal Point Module) and is enclosed.16. Above table also indicates that these industries are discharging their effluent into M.C. sewer as their effluent generation is significantly less than their shares capacity. 17. As these industries are found to be severely violating the Board directions and provisions of the Water (Prevention & Control of Pollution) Act, 1974. Also, various directives issued by the Hon'ble Supreme Court and Hon'ble NGT regarding the discharge of untreated industrial effluent into the M.C. sewer in the critically polluted area of Ludhiana are being violated by the industry. The detailed report was sent to competent authority through e-office vide no. 27669577 dated 07.01.2025.
D. Thereafter the competent authority of the Board has decided to issue directions u/s 33-A of Water (Prevention & Control of Pollution) Act, 1974 were issued to the PSPCL authorities vide Board letter no. 435-38 dated 27.01.2025 that:- “That the authorities concerned shall disconnect the supply of electric available to the premises of subject cited industry with immediate effect.”
E. Accordingly, the directions were conveyed to the PSPCL vide this office letter no. 405 dated 31.01.2025. The compliance of the same yet to be received. The competent authority has also revoked consent to operate under the Water (Prevention & Control of Pollution) Act, 1974 issued to the industry vide letter no. 454-56 dated 27.01.2025.
F. Thereafter, the industry had applied for fresh consent to operate under the Water (Prevention & Control of Pollution) Act, 1974 through OCMMS on 21.04.2025 and same was refused vide no. CTOW/Fresh/LDH4/2025/27831063 dated 01/04/2025 due to reasons that: A joint team comprising of officers of the Board and the Municipal Corporation of Ludhiana conducted an inspection of the site of the industry, to verify any arrangements for bypassing its untreated dyeing effluent on 11.02.2025.
G. During visit, the municipal sewer connection of the industry was found to be disconnected. The industry has only one submersible pump installed in its premises. The industry claims to have machines of low liquor ratio but did not submit any proof of liquor ratio or machinery capacity.
H. Therefore, the capacity and water audit was carried out and latest details of production capacity viz- a -viz machinery installed/ liquor ratio/nos. of Bath/nos. of Lots and other details for wastewater generation was calculated based on the established thumb rules. Based on the audit the maximum expected discharge of the industry is around 160 KLD, however, the industry has obtained shares of 100 KLD for 40 CETP Focal Point Module, Ludhiana only. Further, at the time of obtaining consent to establish (NOC), the industry informed that it was going to install 05 soft flow machines of capacity 150 kg each.
I. Also, in the application form of the instant application the industry has submitted that it has installed 05 soft flow machines of capacity 150 kg each. However, the Regional Office of the Board has verified that the industry has installed 05 machines of capacity 250 kg each, which implies that the industry has replaced the machinery of low capacity with the machinery of higher capacity and is providing false information to the Board to conceal the increased discharge on account of machinery of higher capacity.
J. During visit, it was found that it was still operating its unit on DG set and without obtaining consent to operate under the Water (Prevention & Control of Pollution) Act, 1974 and was discharging its effluent into the CETP of capacity 40 MLD sewer line and the SCADA data from PDA also indicated the same. The industry was not complying with the directions issued u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 to it by the Board. Thus, the industry was violating the provisions of the said Act, due to above said reasons.
K. Further, the industry was given personal hearing before the Chairman of the Board on 28.03.2025 and wherein it was decided that: 1) Consent to operate applied by the industry under Water (Prevention & Control of Pollution) Act, 1974 be refused. 2) The industry shall ensure that it shall comply with the directions u/s 33-A of Water (Prevention & Control of Pollution) Act, 1974 earlier issued vide Board’s letter no. 490 dated 27.01.2025. 3) DG sets installed by the industry be sealed. 4) Environmental Compensation be imposed on the industry for the period from 07.01.2025 to 28.03.2025 for degrading the Environment. 5) Environmental Engineer, Regional Office-4, Ludhiana shall calculate the amount of Environmental Compensation to be imposed to the industry for the said violations from 07.01.2025 to 28.03.2025 and put up to the Competent Authority and DG sets installed by the industry be sealed immediately.
L. The proceedings of aforesaid personal hearing were conveyed to the industry vide letter no. 2113 dated 01.04.2025.
M. In the personal hearing, the Competent Authority has decided (as decision no. 1) to refuse the Consent application applied by the industry under the Water (Prevention & Control of Pollution) Act, 1974.
N. As such, in exercise of the powers conferred under the provisions of the Water (Prevention & Control of Pollution) Act, 1974, consent to operate under the said Act was refused. 3. In compliance of the hearing decision no. 3 on dated 28.03.2025, the industry was visited by the officer of the Board on 29.04.2025 and DG sets installed by the industry was sealed during the visit.
O. In compliance of the hearing decision no. 4 on dated 28.03.2025, Environmental Compensation be imposed on the industry for the period from 07.01.2025 to 28.03.2025 for degrading the Environment, the calculation of Environmental Compensation is as under:- EC=PI*N*R*S*LF PI=80 (Red category) N= 80 days * • As such, numbers of days counted from 07.01.2025 to 28.03.2025. R=250 (Average value) S=0.5 (Small Scale) LF=1.25 (Population 1 to <5 million and industry is located within 10 KM of M.C. limits) EC=80*80*250*0.5*1.25 Rs. 10,00,000/- (INR).
P. Further it is informed that the air emission sample of the industry was collected by the officer of this office on 07.08.2025 and as per analysis results the concentration of particulate matter on stack after APCD (Boiler @ 03 TPH + Thermopac @ 1000) was found to be 214 mg/Nm3 which is within permissible limit as per new fuel policy of the Board.
Q. Thereafter the industry has applied for fresh consent to operate under the Water (Prevention & Control of Pollution) Act, 1974, which was granted upto 18.11.2025 alongwith temporary restoration of electric supply i.e. upto 18.11.2025.
R. The industry has already deposited consent fee of Rs. 43,200/- vide UTR No. 433160513 dated 05.03.2024 under the Water Act, 1974 against the gross value of fixed assets Rs. 2,58,70,855/- and plant & machinery of Rs. 2,03,19,598/- as on 31.12.2024, which is adequate upto 05.03.2026.
S. The site of the industry was visited by the officer of this office on 23.12.2025 and it was observed that:
1. The industry was in operation during the visit.
2. The industry has installed 05 no. soft flow machine of capacity 250 Kg each.
3. The industry is discharging its trade & domestic effluent into CETP 40 MLD. The M.C. sewer in proximity of industry was verified during visit and no connection was observed during the visit. Further, the effluent was being discharged through the dedicated sewer line provided by the PDA.
4. The industry holds 200 KLD of CETP capacity shares and has submitted shares DEMAT statement.
5. The industry has also installed one stenter on the first floor of its premises.
6. The details of production capacity viz a viz machinery installed/ liquor ratio/No.s of Bath/No.s of Lots and other details for wastewater generation by the industry is attached as PDF file.
7. The SCADA data could not be confirmed from the online module as the website has shifted to a new domain and the modulator ID and Password for PPCB officials has not yet been generated.
8. The maximum expected discharge from the industry from all three scenarios as mentioned above is 150 KLD which is within consented capacity and the industry has shares capacity of 200 KLD.
9. The industry has deposited the EC amount Rs. 4.05 lacs in this office vide R.no. 73/5414 dated 15.05.2025 and R.no. 50/5679 dated 03.11.2025.
10. It is pertinent to mention here a litigation is pending in Hon’ble NGT regarding the dyeing CETPs and SLO head Office has given legal opinion which produced as follows “that legal opinion was taken from the Senior Law Officer of the Board for processing consent applications of the CETP member industries in-spite of the standing directions issued u/s 33-A of Water (Prevention & Control of Pollution) Act, 1974 to the CETP-50 MLD to stop its discharge into Buddha Nallah. The Senior Law officer has given his opinion that: "Acting upon the directions of the Central Pollution Control Board, the Punjab Pollution Control Board has issued directions dated 25.09.2024 to the CETPs of 50 MLD, 40 MLD and 15 MLD at Ludhiana not to discharge the treated effluent into Buddha Nallah and to comply with the discharge standards and disposal condition mentioned in the Environmental Clearance. a. The CETPs of 50 MLD, 40 MLD and 15 MLD have filed separate appeals against the directions dated 25.09.2024 of the Board before the Hon'ble National Green Tribunal i.e. Appeal No. 40 of 2024, Appeal No.41 of 2024 and Appeal No. 48 of 2024 respectively. After consideration of the appeals, the Hon'ble Tribunal has passed the orders to the effect that no coercive action shall be taken against the CETPs subject to the compliance of environmental norms. b. It is relevant to mention here that the industrial units (Textile and Dyeing) are the members of the CETPs of 50 MLD, 40 MLD and 15 MLD and the Board is granting consents to operate to the member units under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 with certain conditions as mentioned therein. If some major violation is observed by the Board in the functioning of the industrial unit, the Board is empowered to issue any directions in wring to the defaulting industrial unit by invoking the provisions of Section 33-A of the Water (Prevention and Control of Pollution) Act, 1974 and Section 31-A of the Air (Prevention and Control of Pollution) Act, 1981 and such unit has to comply with the directions of the Board. It is significant to mention here that the directions issued by the Board under the above said Sections / Statutes are not permanent in nature and have to be reviewed on making compliance by the defaulter. As and when the directions given by the Board are complied with by the defaulting industrial unit, the Board has to review the directions given for closure or otherwise to the industrial unit by issuing the modified directions. c. I am of the opinion that if the industrial units (to whom directions for closure had been issued by the Board) have make compliance of the directions of the Board, the Board has to review the directions by issuing modified directions for the operation of the industrial units with suitable conditions. d. I am of the further opinion that the Board cannot withheld the consents to operate of the industrial units (Textile and Dyeing) under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 due to the reason that the CETPs have been issued directions not to discharge the effluent into Buddha Nallah and to meet the prescribed standards. It is pertinent to mention here that the Board has been restrained for taking any coercive action against the CETPs (50 MLD, 40 MLD and 15 MLD) by the Hon'ble National Green Tribunal which means that the Board cannot issue directions for the closure of the said CETPs. In the given circumstances, the Board in my opinion cannot directly or indirectly restrain the operation of the industrial units. The Board in my opinion may grant conditional consents to operate to the industrial units under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 if the industrial units are making compliance of the conditions of the consents granted by the Board. While granting the consents, the Board may impose a condition that the grant of consents shall be subject to the decision of the Hon'ble National Green Tribunal in the appeal cases filed by the CETPs of 50 MLD, 40MLD and 15 MLD or in the Original Applications filed against the said CETPs. The Board may also impose other suitable conditions." As such the Senior Law officer opined that the consent application of the industry can be processed in spite of the standing directions to the CETP. The above said legal opinion has been approved by the Competent Authority of the Board.
As such the industry is complying with the provisions of the Water Act, 1974.
In view of above, it is recommended that: -
1. The electric connection of the industry may be restored temporary for further three months.
2. The Consent to operate under the Water (Prevention & Control of Pollution) Act, 1974 may be granted to industry for short terms i.e. upto 05.03.026 with suitable conditions as per policy of the Board.
Competency to grant consent: SEE
Competency to restore electric connection: Worthy Chairperson.
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