| File Note: |
The industry was granted authorization under the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 vide no. HWM/renew/SAS/2025/28482807 dated 17/07/2025, having validity upto 31/03/2026 in the name of M/s Nectar Lifesciences Pvt. Ltd. for following categories:
a. Category- 28.1- @ 1.42 T/Annum.
b. Category- 28.3- @ 10.95 T/Annum.
c. Category- 28.4- @ 0.365 T/Annum.
d. Category- 33.1- @ 1460 Number/ Annum.
e. Category- 36.1- @ 18.25 T/Annum
f. Category- 36.2- 4.38 T/Annum.
g. Category- 33.2- @ 0.002 T/Annum.
h. Category- 5.2- @ 0.002 T/Annum.
i. Category- 5.1- @ 1 T/Annum.
Court Case Detail
The case OA. No. 173/2023, titled as Shallabjit Singh v/s State of Punjab has been disposed off by Hon’ble National Green Tribunal vide order dated 21.11.2024, the relevant part of the orders is reproduced as under:
“85. Considering the matter in the light of above principles, in the present case, since proponent is a manufacturing industry, the law laid down by Supreme Court that the compensation may be founded on the turnover of the industry, in our view, would be a valid principle to be applied by also considering the paying capacity of the industry.
86. We find that no information regarding turnover has been made available to us either by respondent industry or by PSPCB. However, from the information available from public domain, we find that proponent-M/s Nector Life Sciences Limited itself has placed its profits and loss account of period of 2023-24 (01.04.2023 to 31.03.2024) showing total revenue as Rs.1698.66 Crores. Total revenue shown in the last 05 years in the financial statement of proponent is as under:
Sl. No. Financial year Total revenue
1 2019-20 Rs.2367.16 Crores
2 2020-21 Rs.1545.62 Crores
3 2021-22 Rs.1679.55 Crores
4 2022-23 Rs.1566.85 Crores
5 2023-24 Rs.1698.66 Crores
87. Based on the above information, even if we compute environmental compensation at ½ percent of the turn over i.e., 0.5%, it will come to the following amount in the last 05 years:
Sl.
No. Financial Year Total revenue 0.5% environmental compensation of
turn over
1 2019-20 Rs.2367.16 Crores Rs.11.83 Crores
2 2020-21 Rs.1545.62 Crores Rs.7.72 Crores
3 2021-22 Rs.1679.55 Crores Rs.8.39 Crores
4
2022-23 Rs.1566.85 Crores Rs.7.83 Crores
5 2023-24 Rs.1698.66 Crores Rs.8.49 Crores
88. Since in the present financial year, the amount of environmental compensation at 0.5% of turn over comes to about Rs.8.5 Crores, we find it appropriate to impose an interim environmental compensation of Rs. 5 Crores upon respondent 3 which shall be paid/deposited by it with PSPCB within 02 months.
89. We also direct PSPCB to determine final amount of environmental compensation after collecting information with regard to turn over from the proponent of the respective year when the violations have been found and to impose environmental compensation for such period separately after due opportunity of hearing to the proponent. This exercise shall also be completed within two months.
90. The amount of interim compensation as directed above shall be adjusted in the final amount of environmental compensation which shall be determined and computed by PSPCB. After determining final amount of environmental compensation, PSPCB shall recover if finally computed environmental compensation is more than the interim environmental compensation. In case, the final amount is less than interim compensation, the excess would be refunded. Needful as the case may be shall be done within two
months after finalizing the amount of environmental compensation.
91. The amount of interim environmental compensation/ final environmental compensation shall be utilized for remediation/rejuvenation/restoration of damaged environment in the area concerned on the basis of a restoration plan which shall be prepared by Joint Committee comprising PSPCB; CPCB; and, District Magistrate, SAS Nagar, Mohali who shall prepare the plan within 02 months and execute the same within 03 months after realisation/recovery/deposit of environmental compensation as directed above.
92. PSPCB is also directed to make a periodical inspection commencing from first week of December 2024 for the next 06 months of proponent’s unit to ensure strict compliance of environmental laws on the part of proponent. If it is found that proponent is still violating environmental laws, PSPCB shall exercise of its power of issuing directions with regard to closure of the industry till it prepare itself to comply environmental laws particularly, Water Act, 1974, Air Act, 1981 and EP Act, 1986.
93. PSPCB is also directed to initiate criminal proceedings against the proponent for past violations and if any future violation is found, for the same also, in accordance with law, without any further delay.
94. Question III is answered accordingly.
95. OA is disposed of with the above observation, findings and directions.
96. Copy be forwarded to PSPCB, CPCB and District Magistrate, SAS Nagar, Mohali for information and compliance.”
In compliance of the point no. 92 to the above said orders of Hon’ble NGT dated 21.11.2024 the competent Authority of the Board has constituted the team of following officers of the Board vide no. 4399-4400 dated 25.11.2024 for inspection of the industrial unit from 1st week of December 2024 for the next 6 month for ensuring strict compliance of environmental laws by the industry :-
1. Er. Rajiv Gupta, Senior Environmental Engineer
2. Er. Rantej Sharma, Environmental Engineer
3. Er. Gurkaran Singh, Environmental Engineer
4. Er. Arshdeep Singh, AEE
5. Er. Charan Singh, ASO
In compliance to orders of the Competent Authority, the industry M/s Nectar Life sciences (Unit-I & II), village Saidpura, Derabassi was visited by the team on 04.12.2024, 14.01.2025, 21.02.2025 and 26.03.2025 to carry out the study/ verify the compliance made by the industry.
Thereafter, the project proponent has filed a stay application appeal in the Hon’ble Supreme Court of India against the orders of Hon’ble NGT. The appeal has been listed in Hon’ble Supreme Court of India no. Civil Appeal no. 334/2025 titled as Nector Lifesciences Limited Vs Shalabhjit Singh & Ors. The case was heard on 09.06.2025 and the Hon’ble court has passed the orders as reproduced as under:-
“In case the appellant deposits 50% of the environmental compensation amount i.e. Rs. 2.5 crore before the Registry of this Court within two weeks, the directions against the appellant in the impugned order shall remain stayed till the next date of hearing.
2. The appellant shall deposit turn over certificate in terms of the order passed by the National Green Tribunal.
3.
4. The amount be deposited in form of demand draft which shall be invested in an interest bearing instrument like FDR with any nationalized bank initially for a period of six months, on auto renewal basis.”
The tentative date of case is 12.12.2025.
In compliance of the decision of the Hon’ble Supreme Court the industry has deposited Rs. 2.5 crore to the office of Branch Officer, Cash and Accounts II, Supreme Court of India vide receipt no. 30716 dated 18.06.2025. The project proponent also submitted the turnover details from the financial year 2019-20 to 2023-24, which is reproduced as under:
Particulars FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24
Turnover from Unit 1 543.06 425.36 635.91 425.91 470.30
Turnover from Unit 2 1110.72 1002.06 917.51 982.33 1054.32
Total 1653.78 1427.96 1553.42 1408.24 1524.70
Details of the visit carried out by the Joint Team officers of the Board as per Hon’ble NGT order
In compliance to orders of the Competent Authority, the industry was visited by the joint committee on 04.12.2024 and during visit it was observed as under:
1. The industry was in operation and engaged in the business of manufacturing of bulk drugs. The team sought the production record from the industry for the last 03 months w.e.f September 2024. Accordingly, the representative of the industry submitted product wise production record of the unit for last 03 months. The team examined and the records submitted by the industry and found that the average production varies from 2.83 MTD to 3.20 MTD (varies from 57.4% to 64.9% of the capacity mentioned in the EC). The month wise average production made by the industry is as under:
Month September 2024 October 2024 November 2024
Total API Productions EC approved in MT/ Day Average MT/day Average MT/day Average MT/day
4.936 3.20 2.83 3.08
%age 64.90 57.40 62.47
From the above data, it has been found that the industry if operating its unit below the 75% of the installed production capacity and the capacity for which EC has been granted to the industry. As per the production record submitted by the industry, the unit is currently not manufacturing Menthol Crystals, Menthol Flakes and Menthol liquid/powder. Further, the industry has given an undertaking that the production record submitted is before sales and quarantine period.
2. During visit, it was observed that the industry has installed 02 no tubewells in its premises equipped with EMF meters. The industry is maintaining records of the readings of both these flow meters. The industry has submitted the records for the last 03 months i.e. September 2024 November, 2024 to the team and same has been examined and month wise details are as under:
Tubewell no. September 2024 October 2024 November 2024
1 23 0 06
2 939 908 945
Total 962 908 951
From the data submitted by the industry, it is interpreted that the industry has abstracted maximum quantity of groundwater @ 962 KLD in the month of September 2024 corresponding to a production of 64.90%. The team observed that the groundwater abstraction for the month of September 2024 was highest corresponding to the production capacity, which was also highest in September 2024. Further, the team observed that the groundwater abstraction for the month of October 2024 was lowest corresponding to the production capacity, which was also lowest in October 2024, i.e. 57.4%.
In order to cross verify, the records maintained by the industry, the team deputed one dedicated official of PPCB to monitor groundwater abstraction made by the industry in 24 hours. The water meter readings provided with two no. tubewells were taken by the said official at regular intervals for 24 hours and the same are as under:
Tubewell 1:
Time Reading on 04.12.2024 Reading on 05.12.2024 Difference
12:00 PM 916323 917218 895
02:00 PM 916412 917277 865
04:00 PM 916499 917330 831
06:00 PM 916516 917330 814
Tubewell 2:
Time Reading on 04.12.2024 Reading on 05.12.2024 Difference
12:00 PM 475055 475130 78
02:00 PM 475055 475130 75
04:00 PM 475095 475161 66
06:00 PM 475095 475176 81
The data examined by the team and readings taken during the 24 hours' time intervals reveal that the data maintained by the industry is in consonance with the actual consumption of fresh water in its premises.
3. The industry has installed 02 no. Multi Effect Evaporators (MEEs) of capacity 350 KLD and 90 KLD in its premises for treatment of High TDS (HTDS) effluent being generated from Unit I & II. Presently, the industry is operating only one MEE of capacity 350 KLD and second MEE of capacity 90 KLD was found not in operation. The industry has installed flow meters at various lines of MEE and maintaining record of the readings of these flow meters. The industry has submitted the records to the team for the period September 2024 to November 2024 & same has been examined and month wise details are is as under:
Particulars September 2024 October 2024 November 2024
MEE Feed 232 224 228
MEE Condensate 225 212 218
MEE Concentrate 7 11 9
From the data submitted by the industry, it is interpreted that the quantity of HDTS effluent taken in MEE of capacity 350 KLD for the month of September 2024 is 232 KLD corresponding to a production capacity 3.2 TPD (64.90%), which is highest during the period of Sep. 2024 to November 2024. Similarly, the quantity of HTDS taken to MEE for the months of October 2024 is 224 KLD corresponding to a production capacity 2.83 TPD (57.40%), which is the lowest during the period of Sep., 2024 to November 2024. Thus, the team felt that the generation of HTDS effluent is within the consented discharge of HTDS (combined for unit 1 & 2).
In order to cross verify, the records maintained by the industry, the team deputed one dedicated official of PPCB to monitor MEE feed in 24 hours. The water meter readings provided were taken by the said official at regular intervals for 24 hours and the same are as under:
Particulars Time Reading on 04.12.2024 Reading on 04.12.2024 Difference (KLD)
MEE Fee 12:00 PM 222571 222784 213
02:00 PM 222589 222790 201
04:00 PM 222612 222802 190
06:00 PM 222622 222816 194
MEE Condensate 12:00 PM 243548 243785 237
02:00 PM 243568 243792 224
04:00 PM 243592 243800 208
06:00 PM 243600 243810 210
The data examined by the team and readings taken during the 24 hours’ time intervals reveal that the data maintained by the industry is in consonance with the actual treatment of HTDS in MEE installed in its premises.
4. The industry has installed an Effluent Treatment Plant (ETP) of capacity 1500 KLD consisting of physio-chemical treatment followed by biological treatment for treatment of LTDS effluent being generated from unit-1 & 2 (including MEE condensate). The said ETP was found operational during visit of the team. The industry has installed flow meters at different lines of ETP. The industry is maintaining records of the readings of these flow meters and submitted the same to the visiting team during visit. The team examined the data submitted by the industry and month wise details for the period September 2024 to November2024 is as under:
Particulars September 2024 October 2024 November 2024
ETP inlet 1031 876.74 955
RO feed 802 687 728
RO Permeate 725 625 662
RO Reject 73 62 66
From the data submitted by the industry, it is interpreted that the quantity of LDTS effluent taken in ETP for the period of September 2024 to November 2024 varies 1031 to 876.74 KLD for corresponding to a production capacity varies from3.20 TPD (64.90%) to 2.83 TPD (57.4%). Thus, the team felt that the generation of LTDS effluent is within the consented discharge of LTDS (combined for unit 1 & unit 2).
In order to cross verify, the records maintained by the industry, the team deputed one dedicated official of PPCB to monitor quantity of LTDS effluent in 24 hours. The water meter readings provided were taken by the said official at regular intervals for 24 hours and the details are as under:
Particulars Time Reading on 04.12.2024 Reading on 05.12.2024 Difference
RO Feed 1
12.00 PM 308156 308536 380
02:00 PM 308218 308588 370
04:00 PM 308325 308630 305
06:00 PM 308358 308701 343
RO Feed 2
12.00 PM 318120 318523 403
02:00 PM 318120 318563 443
04:00 PM 318120 318603 483
06:00 PM 318120 318636 516
RO Permeate 12.00 PM 597735 598354 619
02:00 PM 597746 598472 726
04:00 PM 597812 598559 747
06:00 PM 597867 598619 752
RO Reject
12.00 PM 550889 550977 88
02:00 PM 550889 550990 101
04:00 PM 550889 551006 117
06:00 PM 550907 551022 115
The data examined by the team and readings taken during the 24 hours’ time intervals reveal that the data maintained by the industry is in consonance with the actual treatment of LTDS in ETP followed by RO installed in its premises.
5. The industry has now installed and commissioned STP of capacity 100 KLD at site for treatment of domestic effluent being generated from the unit-2. The industry is using treated domestic effluent after STP onto land for plantation developed within premises. The industry is maintaining record of the flow meters installed with the STPs and the details of last 03 months is as under:
Particulars September 2024 October 2024 November 2024
STP inlet(KLD) 52.7 55.1 53.4
STP outlet (KLD) 52.1 54.4 52.06
6. Team collected samples from ETP Inlet, RO Permeate, MEE Feed, MEE Condensate, MEE Concentrate and same were sent to Head Office Lab, Patiala for analysis of various parameters. The analysis results have been received on 26.12.2024. However, the results are also tabulated as under:
Sr. No. Parameters
STP Outlet MEE Feed MEE Reject MEE Condensate Inlet ETP RO Permeate Nectar Unit-1 LTDS Tank Nectar Unit-1 HTDS Tank RO Reject RO Feed Prescribed Standards
1. pH 7.2 9.3 5.4 5.7 6.6 6.7 6.8 6.7 7.2 7.6 6.0-8.5
2. Total Suspended Solids mg/l 11 1067 3010 12 177 12 146 103 231 45 100
3. Total Dissolved Solids mg/l 647 15190 95600 560 7135 546 1785 42690 9432 645 -
4 Chemical Oxygen Demand mg/l 65 - - - 4620 44 930 8060 608 180 -
5 Bio-chemical Oxygen Demand mg/ l 12 - - - 950 6 280 1750 - - 30
6 Oil & Grease mg/l BDL - - - 10.4 BDL BDL 12.4 - - -
7 Phosphate mg/l - - - - 5.1 BDL 8.1 10.2 - - -
8 Ammonical Nitrogen mg/l - - - - 8.4 BDL 9.2 11.6 - - -
9 Phenolic Compound mg/l` - - - - BDL BDL BDL BDL - - -
10 Total Chrome mg/l - - - - <0.1 <0.1 <0.1 <0.1 - - -
11 Hexa Chrome mg/l - - - - BDL BDL BDL BDL - - -
12 Zinc mg/l - - - - 0.19 <0.1 0.21 0.26 - - -
13 Copper mg/l - - - - <0.1 <0.1 <0.1 <0.1 - - -
14 Arsenic mg/l - - - - BDL BDL BDL BDL - - -
15 Mercury mg/l - - - - BDL BDL BDL BDL - - 0.01
16 Lead mg/l - - - - BDL BDL BDL BDL - - 0.01
17 Cyanide mg/l - - - - BDL BDL BDL BDL - - -
18 Sulphide mg/l - - - - 4.2 BD; BDL BDL - - -
19 Bio-assay - - - - - 90% survival of fish in 100% effluent after 96 hours - - - - 90% survival of fish in 100 % effluent after 96 hours.
From the above-mentioned results, it is clear that the industry is achieving prescribed effluent standards prescribed by the Board for such units. Also, results shows that there is significant decrease in concentration of TDS in MEE condensate.
7. The team has carried out groundwater sampling from inside and outside industrial premises. Samples were sent to Head Office Lab, Patiala for further analysis of various parameters. However, the results are also tabulated as under:
Sr. no. Parameters Piezometer 1 (Unit-2) Piezometer 2 (Unit-2) Piezometer1
(Unit-1) Tubewell in the house of Sh Harsh, Village HaripurHinduan
Tubewell of Govt. School, Haripur Hinduan Tubewell at Gugga Madi, Village Haibatpur
Tubewell at Water work, Village Haibatpur
1 pH 6.8 7.2 7.0 6.8 7.3 7.2 7.1
2 TSS Solids mg/l <5 <5 <5 <5 <5 <5 <5
3 COD mg/l <5 <5 <5 <5 <5 <5 <5
4 TDS mg/l 481 312 509 474 534 488 317
5 BOD mg/l <5 <5 <5 <5 <5 <5 <5
6 Oil & Grease mg/l BDL BDL BDL BDL BDL BDL BDL
7 Phosphate mg/l BDL BDL BDL BDL BDL BDL BDL
8 Ammonical Nitrogen mg/l BDL BDL BDL BDL BDL BDL BDL
9 Phenolic Compound mg/l BDL BDL BDL BDL BDL BDL BDL
10 Total Chrome mg/l <0.1 <0.1 <0.1 <0.1 <0.1 <0.1 <0.1
11 Hexa Chrome mg/l BDL BDL BDL BDL BDL BDL BDL
12 Zinc mg/l <0.1 <0.1 <0.1 <0.1 <0.1 <0.1 <0.1
13 Copper mg/l <0.1 <0.1 <0.1 <0.1 <0.1 <0.1 <0.1
14 Arsenic mg/l BDL BDL BDL BDL BDL BDL BDL
15 Mercury mg/l BDL BDL BDL BDL BDL BDL BDL
16 Lead mg/l BDL BDL BDL BDL BDL BDL BDL
17 Cyanide mg/l BDL BDL BDL BDL BDL BDL BDL
18 Sulphide mg/l BDL BDL BDL BDL BDL BDL BDL
From the above mentioned results, it can be concluded that there is no adverse effect on the groundwater quality for the operation of the industry.
8. There is a natural drain namely Haibatpur drain passing adjoining to the boundary wall of the unit. No discharge of industrial was found in the said drain during visit of the team. Samples from said drain on upstream as well as downstream of the industrial unit were collected and sent to Head Office Lab for analysis of various parameters. However, the results are also tabulated as under:
Sr. no. Parameters
U/s of Industry from Haibatpur Drain D/s of the Industry from Haibatpur Drain
1 pH 7.6 7.5
2 Total Suspended Solids mg/l 24 30
3 Total Dissolved Solids mg/l 585 607
4 Chemical Oxygen Demand mg/l 80 83
5 Bio-Chemical Oxygen Demand mg/l 17 18
6 Phosphate mg/l 2.5 2.8
7 Ammonical Nitrogen mg/l 4.6 4.8
8 Phenolic Compound mg/l` BDL BDL
9 Total Chrome mg/l <0.1 <0.1
10 Hexa Chrome mg/l BDL BDL
11 Zinc mg/l 0.46 0.49
12 Copper mg/l <0.1 <0.1
13 Arsenic mg/l BDL BDL
14 Mercury mg/l BDL BDL
15 Lead mg/l BDL BDL
16 Cyanide mg/l BDL BDL
17 Sulphide mg/l BDL BDL
From the above-mentioned results, the team felt that there is no substantial change in the concentration of various parameters in the samples collected from upstream side as well as downstream side of the industry. Thus, these results rule out the possibility of discharge of treated/ untreated effluent by the industrial unit into the said drain.
9. M/s Interstellar Testing Center Pvt. Ltd., Panchkula was contacted for testing the samples for cefixime parameter. Accordingly, sample were sent and analysis results have been received. However, the results are also tabulated as under:
Sr. no. Location of sampling Parameter Measuring Unit Instrument Method Result
1. Cafixime Ground water Marked as sample from PWD rest houses Mubarikpur µg/l LCMSMS Inhouse BLQ(LOQ:02)
2. Cafixime Ground water samples from Piezometer-I µg/l LCMSMS Inhouse BLQ(LOQ:02)
3. Cafixime Ground water from Piezometer-II µg/l LCMSMS Inhouse BLQ(LOQ:02)
4. Cafixime Ground water sample from School of Village Haripur Hindua µg/l LCMSMS Inhouse BLQ(LOQ:02)
5. Cafixime Ground water sample from Ground water works of Village Haibatpur µg/l LCMSMS Inhouse BLQ(LOQ:02)
6. Cafixime Ground water from Guggamadi of village Haibatpur µg/l LCMSMS Inhouse BLQ(LOQ:02)
7. Cafixime RO permeate µg/l LCMSMS Inhouse BLQ(LOQ:02)
8. Cafixime Ground water piezometer of Unit 1 µg/l LCMSMS Inhouse BLQ(LOQ:02)
9. Cafixime Surface water- Haibatpur drain upstream µg/l LCMSMS Inhouse BLQ(LOQ:02)
10. Cafixime Surface water- Haibatpur drain downstream µg/l LCMSMS Inhouse BLQ(LOQ:02)
11.
Cafixime From PWD rest house Mubarikpur (reference sample). µg/l LCMSMS Inhouse BLQ(LOQ:02)
Note: NA- Not Applicable, LOQ- Limit of Quantification, BLQ- Below limit of Quantification
From the above mentioned results, it has been found that the concentration of Cafixmine, were found below limit of quantification in all the samples.
10. The industry is generating hazardous waste of category 35.3 i.e. ETP sludge and MEE salt of schedule-I of Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016. The industry has provided sludge drying beds near the ETP area for drying of sludge. The industry is lifting this sludge to M/s Nimbua Greenfield Pvt. Ltd. the industry has provided common hazardous waste storage room, wherein partitions have been made for storage of different categories of hazardous waste. The industry is maintaining the record w.r.t generation of sludge, lifting and lying stored. Industry is also maintaining the records of manifests vide which the sludge had been got lifted to Nimbua. During visit, it was observed that around 5 Tonnes of ETP sludge was lying stored in the hazardous waste room.
The team sought the records from the industry in above regard for the last six months. Accordingly, the industry has supplied the records and same has been examined and month wise details of the sludge are as under:
Monthly Average
September 2024 October 2024 November 2024
Hazardous waste of category 35.3 (ETP sludge & MEE salt in MT) generation 2278 Kg
4123 Kg 3233 Kg
11. It is mentioned here that earlier the industry had stored HTDS and LTDS effluent generated from Unit-1 in two no. tanks inside the premises of unit II. During the visit, it was observed that the industry has given treatment to earlier stored LTDS effluent in the ETP installed in unit II and the said tank is now emptied. During visit of team, no effluent was found stored in the said tank. In this regard, the representative of the industry informed that now the LTDS of unit I is being directly taken to ETP for treatment and as such, there is no requirement for storage of LTDS is the said old tank.
Similarly, it was observed that the industry has given treatment to earlier stored HTDS effluent in the MEE installed in unit II & sludge has been got lifted to TSDF Nimbuan and the tank is now emptied. During visit of team, no effluent was found stored in the said tank. In this regard, the representative of the industry informed that now the HTDS of unit I is being directly taken to MEE for treatment and as such, there is no requirement for storage of HTDS is the said old tank.
12. The team observed that the industry is generating boiler ash and the same is being disposed off outside the industrial premises. As informed by the representative of the industry, the boiler ash is being given to the brick kiln owners. However, the team found that the industry has also dumped boiler ash in its premises near boiler house. The industry was found covering the already dumped boiler ash with good earth and some area was found to be covered with green mesh sheets. The industry was advised to not to dump any fresh boiler ash in any place inside its premises and cover the earlier boiler ash with good earth, immediately. Further, the industry was also advised not carry out ash quenching with treated trade & domestic effluent. Further, the industry was advised to maintain the records wr.t. generation of boiler ash, storage of boiler ash and its disposal from its industrial premises. The industry shall submit the records to the office of EE, RO, SAS Nagar on monthly basis, so as to monitor the boiler ash generation & its disposal.
13. It is worth to mention here that there is another unit of the industry namely M/s Nectar Lifesciences Ltd., Unit-I, Vill. Saidpur, Tehsil Derabassi and it is engaged in the business of manufacturing of API and bulk drugs. The LTDS effluent (including domestic effluent) and HTDS effluent generated from the process of this unit is being taken for treatment through permanent pipeline to Unit-II.
14. During visit, it was observed that the industry has kept many drums containing raw material and solvents in open area in the premises of M/s Nectar Lifesciences Ltd., Unit-I. The industry has started construction work of shed for storage of drums containing solvents in its premises and the same was under progress during the visit.
Thereafter, the industry was again visited by the joint committee on 14.01.2025 and 21.02.2025 and lastly on 26.03.2025. During the last visit of the joint committee dated 26.03.2025, the team observed as under:
1. The industry was in operation and engaged in the business of manufacturing of bulk drugs. The team sought the production record from the industry for the month of February 2025. Accordingly, the representative of the industry submitted product wise production record of the unit for February. The Team examined the records submitted by the industry and found that the average production was 2.51 MT, i.e.50.9% of the production for which EC has been granted to the industry. The average production made by the industry in tabular form is as under:
Month February 2025
Total API Production EC approved in MT/day
Average MT/day
4.936 2.51
%age 50.9
From the above data, it has been found that the industry is operating its unit below the 75% of the installed production capacity and the capacity for which EC has been granted to the industry. As per the production record submitted by the industry, the unit is currently not manufacturing Menthol Crystals, Menthol Flakes and Menthol liquid/powder.
2. During visit, it was observed that the industry has installed 02 no. tubewells in its premises equipped with EMF meters. The industry is maintaining records of the readings of both these flow meters. The industry has submitted the records February 2025to the team and same has been examined and details are as under:
Tubewell no.
February 2025
1 31
2 844
Total 875
From the data submitted by the industry, it is interpreted that the industry has abstracted groundwater on an average of 875 KLD in the month of February 2025 corresponding to a production of 50.9%.
3. The industry has installed 02 no. Multi Effect Evaporators (MEEs) of capacity 350 KLD and 90 KLD in its premises for treatment of High TDS (HTDS) effluent being generated from Unit I & II. Presently, the industry is operating only one MEE of capacity 350 KLD and second MEE of capacity 90 KLD was found not in operation. The industry has installed flow meters at various lines of MEE and maintaining record of the readings of these flow meters. The industry has submitted the records to the team for February 2025& same has been examined and the details are is as under:
Particulars February 2025
MEE feed 230
MEE condensate 217
MEE concentrate 13
From the data submitted by the industry, it is interpreted that the quantity of HDTS effluent taken in MEE of capacity 350 KLD for the month of February 2025is 230 KLD corresponding to a production capacity 2.51 MT, i.e. 50.9%. Thus, the team felt that the generation of HTDS effluent is within the consented discharge of HTDS (combined for unit 1 & unit 2).
4. The industry has installed an Effluent Treatment Plant (ETP) consisting of physio-chemical treatment followed by biological treatment for treatment of LTDS effluent being generated from unit-1 & 2 (including MEE condensate). The said ETPwas found operational during visit of the team. The industry has installed flow meters at different lines of ETP. The industry is maintaining records of the readings of these flow meters and submitted the same to the visiting team during visit. The team examined the data submitted by the industry and the details for the month of’ February 2025is as under:
Particulars February 2025
ETP inlet 932
RO feed 814
RO Permeate 727
RO Reject 87
From the data submitted by the industry, it is interpreted that the quantity of LDTS effluent taken in ETP for the period of February 2025 is 932 KLD for corresponding to a production capacity of 2.51 MT, i.e. 50.9%. Thus, the team felt that the generation of LTDS effluent is within the consented discharge of LTDS (combined for unit 1 & unit 2).
5. The industry has installed STP of capacity 100 KLD at site for treatment of domestic effluent being generated from the unit-2. The industry is using treated domestic effluent after STP onto land for plantation developed within premises. The industry is maintaining record of the flow meters installed with the STP and the details of February 2025 is as under:
Particulars February 2025
STP inlet(KLD) 39
STP outlet (KLD) 38
6. Team collected samples from various components like ETP Inlet, RO Permeate, MEE Feed, MEE Condensate, MEE Concentrate and same were sent to Head Office Lab, Patiala for analysis of various parameters. The samples for MEE feed were composite samples collected over a period of 4 hours. The results are also tabulated as under:
Parameters
STP Outlet ETP inlet RO Feed RO Condensate RO Reject MEE Feed MEE condensate MEE Reject Equalization tank After flash mixer Outlet of 1st clarifier
pH 7.6 8.9 6.6 7.1 6.1 1.0 4.5 5.0 7.8 7.7 7.5
Total Suspended Solids mg/l 26 68 146 8 288 67 17 3880 176 156 50
Total Dissolved Solids mg/l 1288 4598 3230 172 5873 23166 363 175000 4370 3976 3523
Chemical Oxygen Demand mg/l 47 3340 - - - - - - 3210 3550 2380
Bio-chemical Oxygen Demand mg/ l 10 760 - - - - - - 610 520 428
Oil & Grease mg/l BDL - - - - - - - - -
From the above said analysis results, it is inferred that:
a) The industry is achieving prescribed effluent standards prescribed by the Board for such discharges.
b) Also, the results shows that there is significant decrease in the concentration of TDS in MEE condensate.
c) From the data of flow rate submitted by the industry and the analysis results, the calculations of MEE concentrate is as under:
• MEE feed Q1 = 230 KLD, TDS + TSS C1 = 23233 mg/l
• MEE condensate Q2 = 217 KLD, TDS + TSS C2 = 380 mg/l
• MEE concentrate Q3 = 13 KLD, TDS + TSS C3 = ............ mg/l
• Applying mass balance in order to find out the quantity of total solids i.e. C3
• Q1 * C1 = Q2 * C2 + Q3 * C3
230 * 23233 = 217* 380+ 13 * C3
C3 = 5343590 – 82460/ 13
C3 = 404702.30 mg/l
As per the above calculations, the concentration of total solids in the MEE concentrate should be 404702.30 mg/l, whereas, the analysis results suggests that the total solids in MEE concentrate are 178880 mg/l, which is not in order.
d) The calculations for generation of MEE condensate is as under:
• The record maintained by the industry reflects that the industry is generating about 5.35 tons/day of sludge from ATFD.
• Considering the fact that the MEE is designed for concentration of 30% solids the mass balance equation considering MEE feed to be 230 KLD is as under:
230 * 23166 =(230-x) * 363+ x * 3,00,000
x = 5328180 – 363 x + x * 3,00,000
x = 17KLD
However, as per the record maintained by the industry, the MEE condensate is having flow of 13 KLD.
e) Further, as per the data of flow rate submitted by the industry and the analysis results, the details for generation of sludge is as under:
230 * 23233 * 1.10/106 = 5.87 Tons/day.
The record maintained by the industry reflects that the industry is generating about 5.35 tons/day of sludge from ATFD. Thus, the records maintained by the industry are in line with the above calculations.
From above, calculations, it is seen that the there is variation in the concentration of total solids in MEE & MEE condensate values w.r.t the analysis results and data maintained by the industry. Thus, the industry is required to get the adequacy and efficacy of MEE checked and verified from an institute of Repute (IoR) and submit the same to the Board.
Also, the industry is required to maintain proper daily record of generation of MEE salt viz-a-viz flow rate, MEE feed, MEE condensate & MEE concentrate and submit the same to the Regional Office on fortnightly basis.
7. There is a natural drain namely Haibatpur drain passing adjoining to the boundary wall of the unit. No discharge of industrial was found in the said drain during visit of the team.
8. The team carried out groundwater sampling from inside the premises of the unit and the same was sent to Head Office Lab, Patiala for analysis of various parameters. The analysis results have been received on 24.04.2025. The results are also tabulated as under:
S. No. Parameter Piezometer 1 Piezometer 2
1 pH 7.2 7.5
2 TSS (mg/l) <5 <5
3 TDS (mg/l) 556 384
4 Sulphate (mg/l) 27 23
5 Total chrome (T.Cr) (mg/l) <0.1 <0.1
6 Zinc (mg/l) <0.1 <0.1
7 Copper (mg/l) <0.1 <0.1
8 COD (mg/l) BDL BDL
9 BOD (mg/l) BDL BDL
10 Ammonical Nitrogen (mg/l) BDL BDL
11 Phenolic compound (mg/l) BDL BDL
12 Cyanide (mg/l) BDL BDL
13 Hexa chrome (mg/l) BDL BDL
14 Arsenic (mg/l) BDL BDL
15 Mercury (mg/l) BDL BDL
16 Lead (mg/l) BDL BDL
17 Oil & grease (mg/l) BDL BDL
From the above-mentioned results, it can be concluded that there is no adverse effect on groundwater quality for operation of the unit.
9. The weir of secondary clarifier was found to be not uniform along its circumference. The industry is required to get the same uniform throughout for even settling of solid.
10. The industry is generating hazardous waste of category 35.3 i.e. ETP sludge and MEE salt of schedule-I of Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016. The industry has provided 02 no. screw press and one no. sludge drying bed near the ETP area for drying of sludge. As mentioned in the previous visit, the sludge handling arrangements made by the industry are not upto the mark and require immediate upgradation, especially keeping in view of the rainy season, when the moisture content is going to increase and drying of sludge will take more time. The industry is required to upgrade & add adequate & appropriate mechanism/ machinery to increase the efficiency for removal of moisture content from the sludge.
11. The industry is lifting this sludge to M/s Nimbua Greenfield Pvt. Ltd. the industry has provided common hazardous waste storage room, wherein partitions have been made for storage of different categories of hazardous waste. The industry is maintaining the record w.r.t generation of sludge, lifting and lying stored. Industry is also maintaining the records of manifests vide which the sludge had been got lifted to Nimbua. During visit, it was observed that around 10 Tonnes of ETP sludge was lying stored in the hazardous waste room.
The team sought the records from the industry in above regard for February 2025. Accordingly, the industry has supplied the records and same has been examined and the details of the sludge are as under:
Monthly Average
February 2025
Hazardous waste of category 35.3 (ETP sludge & MEE salt in MT) generation 150.040MT
12. It was seen during the visit that the industry has kept hazardous waste of category 33.1, i.e. empty containers in a dedicated area near the tubewell no.1. However, the said area is open to sky and the industry has still not provided closed shed with lock & key arrangement in the said area. The industry is required to provide proper covered shed with lock & key facility to store hazardous waste of category 33.1, i.e. empty containers.
13. It is mentioned here that earlier the industry had stored HTDS and LTDS effluent generated from Unit-1 in two no. tanks inside the premises of unit II. During the visit, it was observed that no effluent was found stored in both of these tanks. The industry is now taking the effluent directly to the collection tanks of ETP & MEE.
14. The team observed that the industry is generating boiler ash and the industry was not found dumping the boiler ash within its industrial premises. As informed by the representative of the industry, the boiler ash is being given to the brick kiln owners.
From the above, the joint committee in its conclusion of the above visit has mentioned as under:
1. The industry is required to get the adequacy and efficacy of MEE checked and verified from an institute of Repute (IoR) and submit the same to the Board.
2. The industry is required to maintain proper daily record of generation of MEE salt viz-a-viz flow rate, MEE feed, MEE condensate & MEE concentrate and submit the same to the Regional Office on fortnightly basis.
3. The industry is required to get the weir of secondary clarifier uniform throughout for even settling of solid.
4. The industry is required to provide proper mechanism for removal of solvents in form of oil & grease from the ETP.
5. The industry is required to install adequate & appropriate mechanism for removal of moisture content from the ETP sludge at site.
6. The industry shall not dump/ store any boiler ash in open area within its premises. The industry is required to maintain the records w.r.t, generation, storage and disposal of boiler ash from its industrial premises.
7. The industry is required to provide proper covered shed with lock & key facility to store hazardous waste of category 33.1, i.e. empty containers.
Present Status
Now, the project proponent namely M/s CEPH Lifesciences Private Limited had applied fresh authorization under the provisions of Hazardous Waste Management Rules, 2016 at its name i.e M/s CEPH Lifesciences Private Limited (Unit-1) through PBIP and the same was returned due to following observations.
“The application filed by the industry as well as the record file was examined and it was observed that M/s Nectar Life Sciences had submitted various Bank Guarantees to the Board for compliance of Environmental Laws. Further, the Hon’ble NGT while disposing OA no. 173 of 2023 has passed order dated 21.11.2024, as per which M/s Nectar Lifesciences Limited was directed to submit interim Environmental Compensation of Rs. 5.0 Crores to the Board and the Board was directed to calculate the final Environmental Compensation to be imposed on the violating industry on the basis of annual turnover of last five years. Beside this, the court has also directed the Board to initiate criminal proceedings against the proponent for past violations and if any future violation is found, for the same also, in accordance with law, without any further delay. Subsequently, M/s Nectar Life Sciences Limited filed Civil Appeal No. 334 of 2025 before the Hon’ble Supreme Court challenging the aforesaid order of the Hon’ble NGT, and the operation of the said order has been stayed by the Hon’ble Supreme Court vide order dated 09.06.2025. However, as per the documents submitted by the industry, including the Business Transfer Agreement, it is not clear which of the two parties—M/s Nectar Life Sciences Limited or M/s CEPH Lifesciences Private Limited—shall bear the liability for past violations and shall be responsible for compliance with the directions issued by the Hon’ble NGT and the subsequent orders of the Hon’ble Supreme Court in Civil Appeal No. 334 of 2025. In view of the above mentioned facts, the current applications is being returned to the applicant for want of clarity regarding the liability for past violations and the responsibility for making compliance of the directions of the Hon’ble Courts. Further, since the matter is sub judice before the Hon’ble Supreme Court, the Regional Office has been directed to obtain a legal opinion in the matter and then process the consent applications accordingly.”
Thereafter, Nectar Lifescience has undertaken that in case the Hon'ble Supreme Court of India decide the appeal against the company, oncourse the company agrees to
1. Abide by the decision of Hon'ble Supreme Court of India and
2. Bear the Environmental Compensation referred to in the Hon'ble NGT Judgement dated 21.11.2024 in OA no. 173 of 2023 as may be levied, if any by the Supreme Court of India.
Further, M/s CEPH Lifescience Pvt. Ltd. vide letter dated 07.11.2025 has submitted that the post grant/ transfer of consent to operate, any liability which arises on account of omission and commission or non-compliance or violation by CLPL, in relation to the business of another which has been provide by CLPL under the business transfer agreement dated 07.07.2025 shall be the responsibility of the CLPL. (Copy of above said undertakings attached)
Now, the project proponent has applied fresh authorization under the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 in the name of M/s CEPH Lifesciences Pvt. Ltd. for following categories:
a. Category- 28.1- @ 1.42 T/Annum.
b. Category- 28.3- @ 10.95 T/Annum.
c. Category- 28.4- @ 0.365 T/Annum.
d. Category- 33.1- @ 1460 Number/ Annum.
e. Category- 36.1- @ 18.25 T/Annum
f. Category- 36.2- 4.38 T/Annum.
g. Category- 5.2- @ 0.002 T/Annum.
h. Category- 5.1- @ 1 T/Annum.
The project proponent has submitted agreement with TSDF Nimbua for lifting of hazardous waste of category 5.2 @ 0.002 TPA vide no. 1372 dated 06.10.2025. The project proponent has submitted agreement executed on 25.09.2025 with Vamika Enterprises for lifting of hazardous waste of category 33.1. The project proponent has submitted agreement executed on 01.04.2025 with B.N Concast Pvt. Ltd. for lifting of hazardous waste of category 5.1.
The project proponent has submitted annual report with the application. The project proponent has last lifted of hazardous was of category 33.1 @ 119 no. drums vide manifest no. 086 dated 07.06.2025, @ 113 no. drums vide manifest no. 087 dated 07.06.2025 and @ 91 no. drums vide manifest no. 088 dated 07.06.2025 from unit 1.
The project proponent has last lifted of hazardous waste of category 35.3 @ MT vide manifest no. 57606 dated 21.09.2025 and category 37.3 @ 12.690 MT vide manifest no. 57860 dated 16.10.2025 in name of CEPH Lifesciences from unit 2.
As per record of the Board following bank guarantee imposed on the Nectar Unit-1 & Unit -2 which were already been expired and M/s CEPH Lifesciences Unit-1 has submitted fresh bank guarantees in lieu to the bank guarantees earlier imposed on the Nectar Lifesciences Unit-1 and the details are as under:
Amount Bearing no. Valid till
Rs. 10 lakh 0910325BG0B00984 dated 14.11.2025 13.11.2026
Rs. 10 lakh 0910325BG0B00985 dated 14.11.2025 13.11.2026
Legal Opinion from SLO of the Board
Thereafter, the legal opinion was taken from the SLO of the Board and the same was reproduced as under:
M/s Nectar life Sciences Limited has transferred its business to M/s CEPH Lifesciences Private Limited, which has applied for consent to operate of the Board and authorization under the new name and style. Upon examination of the case, it is observed that Nectar life Sciences Limited and CEPH Lifesciences Private Limited have given separate undertakings dated 06.11.2025 and 08.11.2025 respectively to Environmental Engineer, Punjab Pollution Control Board, Regional Office, Mohali with regard to the compliance of past and future violations of environmental laws. The undertakings given by the above-named industries which are self-explanatory are summarized below:
A. Nectar life Sciences Limited
i. The company agrees to abide by the decision of the Hon'ble Supreme Court of India in Civil Appeal No. 334 of 2024 titled as Nectar life Sciences Limited v/s Shalbjit Singh and Others.
ii. The company further agrees to bear the Environmental Compensation referred to in the judgment dated 21.11.2024 of the Hon'ble National Green Tribunal in OA No. 173 of 2023 as may be levied, if any, by the Hon'ble Supreme Court of India.
B. CEPH Lifesciences Private Limited
i. All the legal liabilities of the past environmental violations and liabilities arising out of National Green Tribunal order dated 21.11.2024, the enforcement / execution of which has been put on stay by the Hon'ble Supreme Court of India shall remain the responsibilities of NLL.
ii. Any liability which may arise out of the Hon'ble Supreme Court of India judgment shall be borne by, in entirety and will continue to be the responsibility of NLL.
iii. Post grant / transfer of consent to operate may liability which arises on account of non-compliance or violation by CLPL, shall be the responsibility of CLPL.
2) The Nectar life Sciences Limited previous owner of the industry has undertaken to abide by the decision of the Hon'ble Supreme Court of India in Civil Appeal No. 334 of 2024 which was filed to challenge the judgment dated 21.11.2024 of the Hon'ble National Green Tribunal passed in OA No. 173 of 2023. Environmental Compensation amounting to Rs. 2.5 crore has already been deposited by the industry with the Hon'ble Supreme Court of India. The industry has undertaken to comply with the further orders of the Hon'ble Supreme Court of India.
3) M/s CEPH Lifesciences Private Limited has agreed to responsibility of the violations / non-compliances which may occur after the grant of consent to operate and authorization.
4) When the previous and present owners of the industry have agreed to undertake their liabilities and responsibilities, I do not find any restriction in grant of consents to operate and authorization under the relevant laws to M/s CEPH Lifesciences Private Limited with suitable conditions subject to the final decision of the Hon'ble Supreme Court of India in Civil Appeal no. 334 of 2024.
5) Further action may be taken after approval of the competent authority.
Legal Opinion from Diwan Advocates dated 18.11.2025
It is clear that the transfer of business from M/s Nectar Life Sciences Ltd. to M/s CEPH Lifesciences Pvt. Ltd. does not alter or extinguish the liabilities arising from past violations committed by NLS. Environmental compensation imposed by the Hon'ble NGT, as well as any other judicial or civil liabilities relating to past non-compliances, remain solely with NLS, as the transferee company has neither contractually assumed such liabilities nor does any statute mandate successor liability in this context. Criminal proceedings, being personal in nature, must likewise be initiated only against NLS and its responsible officers who were in charge at the time of commission of the offences, and not against CEPH. As regards bank guarantees, CEPH, being the current operator and applicant for CTO, is legally required to furnish fresh BGs to secure future compliance, whereas NLS's earlier BGs retain their enforceability only for past violations. Accordingly, both entities remain independently liable for their respective periods of operation, and PPCB is empowered to proceed against each company strictly in accordance with its own acts, omissions, and statutory obligations.
In light of the above stated facts, it is imperative to note herein that Hon'ble NGT vide its order dated 21.11.2024 imposed a penalty of Rs.5 Crores on M/s Nectar Life Sciences Ltd. (NLS), against which the NLS preferred Civil Appeal No. 334/2025, before Hon'ble Supreme Court challenging the validity of the Hon'ble NGT's order 21.11.2024. It is stated that by order dated 09.06.2025, the Hon'ble Supreme Court granted a stay on the NGT order, subject to NLS depositing 50% of the penalty (l.e., 2.5 crores) before the Hon'ble Court. Subsequently, pursuant to the Business Transfer Agreement dated 04.08.2025, the transferee entity, M/s CEPH Lifesciences Pvt. Ltd. ("CEPH"), has assumed operational control of the industrial unit which was earlier under the control of NLS and subsequently, now, CEPH requires a fresh Consent to Operate (CTO) from PPCB in its own name.
In light of the pending appeal, we are of the opinion that the querist i.e. PPCB may grant a conditional Consent to Operate (CTO) to CEPH on special condition that CEPH will submit a bank guarantee amounting to Rs.2.5 Crores in favour of the PPCB. It is further said that the said bank guarantee would act as security while the aforementioned appeal is sub-judice before the Hon'ble Supreme Court. Further, if the Hon'ble Supreme Court decides the fate of pending appeal in favour of NLS, the aforementioned bank guarantee would be released back to CEPH and if the appeal is dismissed and as a consequence, the original order of Hon'ble NGT is upheld then the PPCB shall be eligible to encash the said bank guarantee Accordingly, as it has already been opined in the above Paras, both the entities remain liable for their own actions and further, PPCB has the right to proceed against either of the corporate entities for their own statutory obligation, while issuing CTO to CEPH subject to aforementioned bank guarantee. Further, we are of the opinion that in event if CEPH refuses to comply with the demand of submitting bank guarantee as mentioned above, the CTO may be refused to the CEPΗ. (Copy of the legal opinion is attached)
Legal Opinion Advocate Vivek Jain dated 05.12.2025
1. Board may quantify the total environmental compensation payable as directed by NGT and NLL may be directed to furnish the corresponding bank guarantee and undertake it to keep it alive till the Hon’ble Supreme Court finally decides the matter. The Bank Guarantee can be appropriated finally as per the decision of the Hon’ble Supreme Court.
2. However, in the event of NLL’s refusal or failure to comply with such direction, the said obligation shall, by necessary implication and operation of law, devolve upon CEPH Lifesciences Pvt. Ltd., which, having acquired the undertaking as a going concern through slump sale, is deemed under Section 21(7) of the Air (Prevention and Control of Pollution) Act, 1981 to be bound to fulfil all attendant regulatory conditions and compliance obligations, including the furnishing of such bank guarantee.
3. Criminal liability for past violations is non-transferable and remains with the seller, NLL and its responsible officers who were in control at the time of the alleged offences. (Copy of the legal opinion is attached)
In view of the above, it is recommended that authorization under the provisions of the Hazardous Waste Management Rules, 2016 may be considered for grant after taking final comments from the SLO of the Board based on the legal opinion provided by Diwan Advocate and Advocate Vivek Jain with the conditions that the industry shall also comply with the recommendations of the Joint Committee made during its visit of the industry on 26.03.2025 and additional condition that the industry shall also submit Environmental Clearance in the name of M/s CEPH Lifesciences Private Limited within 15 days.
*Competency – Worthy Chairperson of the Board
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