In affidavit before NGT, Punjab admits severe pollution by Zira distillery, recommends permanent closure

The affidavit, submitted in compliance with the NGT’s order dated September 9, makes a series of damning admissions that echo the concerns long raised by Zira Sanjha Morcha and the Public Action Committee (PAC). The next date of hearing is on November 24.

Among the key statements made by the Punjab government are:

* This is a fit case for permanent closure of the Project Proponent and it should not be permitted to use the unit or a plant within the same premises for production of ethanol or otherwise.

* The Appellant/Proponent has a documented history of violating environmental norms and evasion.

* The record of this case reveals that the Proponent industry has a history of flouting environmental norms over extended periods, including hoodwinking the consultation or enforcement mechanisms.

* Causing serious pollution affecting air, water, soil, and public health.

* The Project Proponent’s industrial operations violate the fundamental right to life and healthy environment.

* The final product of a distillery and an ethanol plant are chemically the same (ethyl alcohol).

* The State of Punjab is absolutely committed to preventing such industries from initiating or resuming operations that pose any threat of environmental harm.

* There is zero tolerance for those who prioritize profit over the health of our air, water, and soil.

* There is a direct and necessary application of the ‘Polluter Pays’ Principle, which requires not only the assessment but also the effective recovery of costs for environmental restoration and remediation.

The affidavit concludes that allowing operations to continue “would be contrary to law and public policy” and affirms that the Punjab government “stands resolute in its mission to protect the State’s environment”.

The Public Action Committee (PAC), a civil rights organisation in Punjab that has supported the people’s movement led by Zira Sanjha Morcha for
over three years, stated that the affidavit represents a major institutional shift in Punjab’s environmental governance.

Jaskirat Singh of PAC said, “It is a landmark moment for environmental activism in Punjab. For the first time, the government has turned around and acknowledged, in clear words, that an industry is polluting, rogue, and must be permanently shut down. It shows that persistence and truth can compel institutions — even governments — to accept reality.”

Roman Brar of Zira Sanjha Morcha said, “Finally, the Punjab government has turned around and accepted in toto what we have been saying from day one — that this is a polluting and rogue industry and must be shut down. It took three long years of a painstaking battle, but it is now paying off.”

Dr Amandeep Bains from PAC added, “The affidavit itself admits serious public health risks. The next step must be medical screening, soil testing, and groundwater restoration.”

Kapil Arora, another PAC member, emphasised, “Polluters must now pay for the cleanup under the Polluter Pays Principle, as the State has clearly invoked.”

Kuldeep Khaira, from PAC, noted, “This is a moral and institutional victory. The affidavit shows that citizens’ movements can make governments face uncomfortable truths.”

The Zira distillery protest against Malbros International Pvt Ltd in Ferozepur district began in July 2022 after residents of Mansurwal Kalan and adjoining Maiyanwala alleged that the distillery’s effluent had contaminated groundwater, damaged crops, and caused health problems in nearby villages.

The residents of Maiyanwala claimed that they had seen contaminated water while digging the ground to make a sarovar inside the gurdwara premises of this village. In August 2022, the PAC moved to NGT in this case.

Initially, the Punjab government supported the industry and even arrested protesters during a sit-in in December 2022. A permanent protest has been ongoing near the distillery location since July 24, 2022, although the number of protesters has diminished recently.