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A. It is submitted that the industry is covered under small scale red category unit.
B. Earlier, the industry was granted Consent to Establish (NOC) under the provisions of Water (Prevention & Control of Pollution) Act 1974 and Air (Prevention & Control of Pollution) Act 1981 vide no. CTE/Fresh/LDH4/2025/27756640 dated 03.02.2025, which is valid upto 02.02.2026 for production of dyeing & finishing for all type of fabrics (Polyester, PC & Cotton) @ 15250 Kgs/day & Dyeing of Yarn @ 6000 Kg/day with proposed discharge of trade effluent @ 648 KLD & domestic effluent @ 02 KLD into CETP 40 MLD (Shares quantity 700 KLD) and One boiler of capacity @ 08 TPH with attached with cyclone separator as APCD and one thermopac @ 1000 U (100000Kcal/hr) attached with separate Multi cyclone separator as APCD and one DG set of 500 KVA equipped canopy.
C. Now, the industry has applied for fresh Consent to Operate under the Water Act, 1974 and Air Act, 1981 through OCMMS for for production of dyeing & finishing for all type of fabrics (Polyester, PC & Cotton) @ 21.5 TPD & Dyeing of Yarn @ 6600 Kg/day with discharge of trade effluent @ 798 KLD & domestic effluent @ 02 KLD into CETP 40 MLD and One boiler of capacity @ 08 TPH with attached with cyclone separator as APCD and one thermopac @ 1500 U (150000Kcal/hr) attached with separate Multi cyclone separator as APCD and one DG set of 500 KVA equipped canopy.
D. The industry has deposited CTO fee of amounting to Rs. 72500/- vide R.No. 499697435 dated 17.12.2025 under the Water Act, 1974 and Rs. 72000/- vide R.no. 869603938 dated 17.12.2025 under the Air Act, 1981, which is adequate upto 02.02.2031 against the gross fixed assets of Rs. 417.41 Lac and plant & machinery of Rs. 314.41 Lacs as per the CA certificate dated 20.11.2025.
E. Now, the industry was visited by the officer of this office on 31.12.2025 and it was observed that:-
1. The industry was not in operation.
2. No manufacturing process any type has been not started yet.
3. The industry has installed one boiler of capacity @ 08 TPH alongwith Multi cyclone separator and wet scrubber as APCD with adequate stack height. The industry will use rice husk/wood/agro waste in boiler as fuel.
4. The industry has installed 14 Soft flow dyeing machines of capacities (4x500 Kg, 2x750 Kg, 6x300 Kg, 1x200 Kg, 1x20 Kg) and 13 Cabinet Machines (9x120kg, 4x60kg).
5. The industry has installed thermopac @ 1500U (1,50,000 Kcal/hr) alongwith Multi cyclone separator and wet scrubber as APCD with adequate stack height. The industry will use rice husk/wood/agro waste in boiler as fuel.
6. The industry has installed DG set 500 KVA with canopy and adequate stack height.
7. The industry has submitted DEMAT certificate issued by the PDA of 800 KLD shares and is now member of CETP 40 MLD Focal Point Module.
8. No bypass or unauthorized mode of disposal was observed during the visit.
9. The site of the industry lies in the Focal Point, Phase-8, Ludhiana as such the site is suitable for establishment of such kind of unit.
10. It is intimated that the industry has shifted its operations from its previous location (Malhotra Dyeing, Kuldeep Nagar, Near Basti Jodhewal) to the new location (Malhotra Dyeing, D-321, Phase-8, Ludhiana) with its 800KLD worth of shares being carried over
It is pertinent to mention here 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.
2) 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.
3) 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.
4) 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.
5) 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.
Keeping in view of above, it is recommended that fresh Consent to operate under the Water (Prevention & Control of Pollution) Act 1974 and Air (Prevention & Control of Pollution) Act 1981 may be considered for grant for short term period i.e. three months with suitable conditions and special conditions that:
1. The industry shall be bound to follow any Hon'ble NGT directives related to dyeing industries in ongoing litigations and the grant of NOC from the Board shall not abstain the industry from following such directives.
2. The Punjab Pollution Control Board shall not be responsible for any loss incurred to the industry in case the industry fails to submit the balance share certificate from the PDA.
3. If the industry fails to achieve the desired standards at its outlet before the CETP, then it shall install adequate pre-treatment arrangements to bring its standards with the prescribed limits or limits as may be decided by the Board.
4. The industry keeps its trade effluent generation within the allotted share capacity and shall install and operate dyeing machinery of equivalent capacity and keeps check on its TDS levels as per CETP inlet design parameters through use salt free chemicals.
5. The industry shall not generate/discharge trade & domestic effluent more than its allotted shares capacity at any stage.
6. The industry shall discharge the whole of its consented effluent into a dedicated sewer line leading to CETP for final treatment.
7. The industry shall not make any new connection/undisclosed connection for the discharge of effluent either into the public sewer or PDA conveyor system.
8. The industry should either take measures to control its inlet parameters by good practices and selection of good chemicals for processing or shall operate and maintain its existing effluent treatment plant (ETP), regularly and efficiently, so as to achieve the inlet effluent standards of CETP as per DPR.
9. The industry shall make the necessary arrangements to achieve the effluent standards as per the inlet-designed parameters of the CETP.
10. There shall be no any other physical expansion of the unit either with the installation of new machinery without valid permissions of the Board.
11. The industry shall stop discharging its effluent in case due to any reason the CETP is not operational or the dedicated conveyance system is overflowing.
12. The industry shall maintain the record of flow meter installed at source and at the outlet leading to CETP.
13. The industry shall carry out third-party audit from any reputed institute to access the actual discharge capacity of the dyeing unit in compliance with the proceedings issued by the Board vide letter no. 4387 dated 09.08.2023 to the CETP 40 MLD.
14. The industry shall obtain permission for the use / abstraction of ground water as per the requirements from Punjab Water Regulation & Development Authority (PWRDA).
Competent: SEE, ZO-2, Ludhiana. |
