IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 7668 of 2007 Date of Decision: March 17, 2009 DSM Anti-Infectives India Limited, Bhai Mohan Singh Nagar, Toansa, District Nawanshahr. ....Petitioner Versus Punjab Pollution Control Board and others .....Respondents CORAM: HON'BLE MR. JUSTICE T.S.THAKUR, CHIEF JUSTICE HON'BLE MR. JUSTICE HEMANT GUPTA 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Shri Dhruv Mehta, Advocate, with Shri Deepak Suri and Ms. Shalini Gupta, Advocate, for the petitioner. Shri D.S. Patwalia, Advocate, for respondent No.1. Ms. Madhu Dayal, Additional AG, Punjab, for respondents No. 2 and 3. Shri O.S. Batalvi, Advocate, for respondent No.4. Shri D.S. Nalwa, Advocate, for respondent No.6. Shri Deepak Sibal, Advocate, for respondent No.7. Hemant Gupta, J. Challenge in the present petition is to the order dated 11.5.2007 (Annexure P.21) passed under Section 33-A of the Water (Prevention and Control of Pollution) Act, 1974 (for short `the Water Act'). The petitioner is engaged in manufacturing of life saving bulk drugs and drug intermediates at various locations, including one at Bhai Mohan Singh Nagar, Toansa, District Nawanshahr. The petitioner was CWP No. 7668 of 2007 (2) established in India in the year 1984-85 as a public limited Company to manufacture pharmaceuticals i.e. antibiotic and intermediates at its newly acquired premises at Bhai Mohan Singh Nagar, Village Toansa, District Nawanshahr (Punjab). The petitioner took over from “Max” in the year 2001, its said life-saving bulk drugs manufacturing facility. It was on 17.8.2005, the Union Ministry of Environment and Forests, granted environment clearance to the petitioner for expansion of its bulk drug unit on the basis of the petitioner's Environment Impact Assessment Report. The said clearance recommended, inter-alia, that the effluent should be segregated into high and low TDS streams. The low TDS effluent after primary and secondary treatment and meeting the norms shall be used for green belt development. The high TDS effluent shall be evaporated in Multiple Effect Evaporator. The residues from the Multiple Effect Evaporator shall be incinerated; the treated effluent in the ETP shall be treated in Reverse Osmosis (RO) Plant; permeate from the RO plant shall be recycled and that the domestic effluent shall be treated in septic tanks. Later on 16.1.2007 (Annexure P.11), the petitioner was granted clearance by the Ministry of Environment and Forests, for further expansion of its manufacturing capacity after the petitioner has communicated that it shall change its manufacturing route from synthetic to enzymatic technology. The petitioner was advised, inter-alia, to take following steps:- ➢ The Company shall install solvent recovery system by installation of high efficiency condensers and traces of solvents form the condensers shall be scrubbed and recovery shall not be less than 95 percent. Action shall be taken to reduce the fugitive emissions generated in CWP No. 7668 of 2007 (3) the form of solvent vapours emitted from purification tanks during purification process as far as possible. The recovered solvent shall either be reused in the manufacturing process or spent scrubber solution is sent to the ETP for treatment. Use of toxic solvents like Methylene Chloride (M.C.) etc. shall be minimum and Benzene should be replaced with alternate solvents. All venting equipment shall have vapour recovery system. ➢ Industry shall switch over to aqueous based coating film in place of use of Methylene Chloride in coating operation and to non-halogenated solvents in place of halogenated solvents in a phased manner. Use of toluene shall be stopped. ➢ All the organic waste from mother liquor streams shall be recovered and recycled back after purification. Residue of MEE shall be spray dried and dry powder shall be stored at site till the TSDF at Nimbua, Patiala, Punjab becomes operational. Pending the creation of the common TSDF or alternate mode of disposal, adequate area for storage of hazardous waste shall be provided as per PPCB guidelines. ETP sludge shall be used as bio-fertilizer after drying.” The petitioner was issued a show cause notice under Section 33 of the Water Act on 18.1.2007 by the Board for the reason that the petitioner has failed to install adequate and appropriate effluent treatment CWP No. 7668 of 2007 (4) plant to contain the pollutants in its trade effluent within the standards prescribed by the Board. After considering the objections filed, an order was passed by the Board on 11.5.2007 (Annexure P.21), the order impugned in the present writ petition, whereby the closure of the industry was ordered till the industry takes the following steps:- “1. Provides arrangement of segregation of different waste streams. 2. Provides full-fledged incinerator for disposal of high COD wastes, toxic waste, aqueous waste and solid hazardous waste. 3. Takes adequate steps for installation of R.O. plant for treatment of effluents of effluent treatment plant and operationalisation of spray drier. 4. Dismantles solar evaporation ponds (SEPs). 5. Restores the environmental quality in the area particularly ground water quality in the nearby inhabitants. 6. Complies with the provisions made in Hazardous Waste (Management & Handling) Rules, 1989 for disposal and assessment. 7. Develops rainwater harvesting system and green belt around industry and 8. Demonstrates its commitment towards environmental management and pollution control.” The other facts and the developments from time to time need not be given as the same are not necessary in view of the affidavit filed by the Chairman of the Board dated 14.1.2009. The petitioner has earlier filed an additional affidavit dated 12.1.2009 to the effect that the petitioner has substantially complied with the measures of emptying out Solar Evaporation Ponds (for short `SEP') and has achieved total compliance with respect to the directions of the Punjab Pollution Control Board (for short `the Board'). CWP No. 7668 of 2007 (5) The petitioner is also addressing the common issue of ground water contamination in the area through the Programme Management and Monitoring Group constituted under the aegis of the Board. It has been pointed out in the said affidavit that the petitioner has phased out the use of SEPs for discharge of effluent in the month of June, 2008, pursuant to the installation and commissioning of additional equipment, namely, Multi Effective Evaporator and a drier. Out of five SEPs, the petitioner has emptied out three SEPs and the sludge at the these three SEPs has also been scrapped out and transported to the common Treatment Storage and Disposal Facility (for short `TSDF') at Nimbua, District Mohali. The work of emptying out the fourth SEP is near completion and the work of scraping the sludge from the bottom of this SEP shall also commence in January, 2009, whereas the work of emptying out the last SEP shall commence and would be achieved by the April, 2009. The petitioner has also placed an order with Tetra Tech India Limited for providing consultancy for recapping of the SEPs and for containment of contamination below the SEPs. It is averred that no hazardous waste is lying, stored or otherwise at the petitioner-industry. All such waste has already been transported for disposal and treatment to the TSDF at Nimbua. The Multi Effective Evaporation residue generated presently at the petitioner's facility is simultaneously transported to the TSDF Nimbua and the sludge scrapped from the SEPs is also transported regularly to the TSDF, Nimbua. The petitioner has also sought consent to operate under the Air (Prevention and Control of Pollution) Act, 1981 and Water Act as the petitioner has achieved total compliance of the order dated 29.11.2007 passed by the Appellate Authority as well. CWP No. 7668 of 2007 (6) The petitioner has also filed an affidavit dated 15.1.2009 of its Site Manager undertaking to dismantle all the SEPs by April 15, 2009. It has also been approved by the Board vide the Minutes of the PMMG (Programme Monitoring and Management Group) dated 24.12.2008. In view of the said minutes and the undertaking given by the petitioner, we grant time to the petitioner to dismantle all the SEPs on or before April 15, 2009. Shri D.S. Patwalia, learned counsel appearing for the Board has pointed out that the effluent discharged by the petitioner has high COD waste, which is required to be treated by RO plant only. On the other hand, it is the stand of the petitioner that such RO plant was a condition, while granting permission to the petitioner to expand its manufacturing capacity on 17.8.2005 by the Ministry of Environment and Forests. However, there was no such condition when the petitioner was granted permission to further expand its capacity on 16.1.2007. It is contended that earlier the industry was using synthetic process, but now the manufacturing process has been shifted to enzymatic technology. With the change of technology and installation of ETP, there is no necessity of installation of RO plant. The petitioner has also undertaken in the affidavit that the treated water discharged from its ETP shall continue to meet the prescribed norms and standards consistently. Learned counsel for the petitioner has also stated that the synthetic manufacturing route shall be stopped in all the plants of the petitioner by the end of January, 2009 and on account of use of enzymatic technology and ETP erected by the petitioner, the COD discharge shall be within the permissible limits. The Ministry of Environment and Forests while considering the CWP No. 7668 of 2007 (7) proposal of the petitioner to expand its bulk drugs Unit, has not imposed any condition of RO plant in the said permission dated 16.1.2007. It is also admitted in the affidavit dated 14.1.2009 filed by the Board that the petitioner is in the process of complete shifting of manufacturing route from synthetic to enzymatic for manufacturing of Ampi/Amoxicillin. In view of the above, we are of the opinion that the petitioner has complied with the conditions imposed in the order impugned in the present writ petition. The said order dated 11.5.2007 (Annexure P.21) directing the closure of the petitioner Unit no longer survives and is, thus, set aside. However, the setting aside of the said order will not absolve the petitioner of keeping the COD waste within the permissible limits and it shall be open to the Board to test the effluent discharged by the petitioner after complete cessation of synthetic manufacturing route so as to ensure that the effluent discharged by the petitioner does not violate any statutory provisions. It shall be open to the Board at that stage to arrive at an independent opinion in respect of requirement of RO Plant. Annexure P.48 (collectively) are the proceedings in respect of re-charge of ground water in village Toansa, District Nawanshahr. On 9.1.2008, respondents No. 6 and 7 and the petitioner were directed by this Court to sit together under the Chairmanship of the Chairman of the Board to sort out the problem of shifting of hazardous waste/hazardous chemicals so as to improve the quality of ground water and to take effective steps to solve the position resulting into the ground water to be polluted. In pursuance of said directions, the representative of respondent No.6 has undertaken to remove 200 drums lying in the premises of the Company to TSDF. However, the same were not removed. But now an affidavit dated CWP No. 7668 of 2007 (8) 16.1.2009 of Bhai Manjit Singh, Chairman cum Managing Director, M/s Montari Industries Limited, has been filed undertaking to remove 200 drums to TSDF within three months' time. In view of the said undertaking, respondent No. 6 – M/s Montari Industries Limited, is granted three months' time i.e. on or before April 15, 2009, to remove the said drums to TSDF. It shall be open to the Board to take such other steps against respondents No. 6 and 7, for discharging pollutants, if any, and for contamination of the ground water level or its re-charge. It also came to the notice of this Court during the course of hearing that TSDF is not fully functional as the incineration facility is yet to be made operational. The hazardous waste is being stored at TSDF at Nimbua, waiting incineration plant to be operational. Therefore, we deem it appropriate to direct the Chairman of the Board to ensure that incineration facility is made operational at the earliest so that hazardous waste does not remain stored in the said premises for a long time. With the said direction and liberty, the writ petition stands disposed of. (T.S. THAKUR) (HEMANT GUPTA) CHIEF JUSTICE JUDGE March 17, 2009 ds