Buddha nullah pollution ‘No blanket stay given to CETPs, PPCB misinterpreted earlier order:’ activist after attending NGT hearing

Environmentalists protesting under the banner of ‘Kale Pani da Morcha’ are demanding the sealing of outlet points of three CETPs (15 MLD on Bahadur ke Road, and 40 and 50 MLD on Tajpur road) which allegedly dump toxic waste from the dyeing industry into Buddha nullah which discharges into the Sutlej river.

However, the dyeing industry claimed they had obtained a stay from the NGT and no “coercive action” could be taken against them.

When the Kale Pani Da Morcha held a massive protest in Ludhiana on December 3, threatening to stop the flow of toxic waste into the nullah, the Ludhiana district administration intervened and got the protest lifted after assuring action against the 15 MLD Bahadur Ke Road CETP within two days. Ludhiana Deputy Commissioner Jitendra Jorwal in a written assurance to the protesters on December 4 had mentioned that “in case of 50 MLD and 40 MLD CETPs, legal opinion from the government at the highest level is required to address the matter effectively” given the NGT stay order.

The DC had also reproduced the NGT order dated November 4, which was given after the Punjab Dyers Association had moved the green body challenging the PPCB order dated September 26, asking CETPs to immediately stop the effluent discharge into Buddha nullah.

An excerpt from the NGT order applicable for 40 MLD and 50 MLD CETPs, reads: “Pressing the prayer for interim relief, Learned Counsel for the appellant had submitted that impugned orders will result in shutting down all the industries connected with CETPs in question… we direct that till the next date of hearing no coercive steps in pursuant of the impugned order will be taken subject to compliance of environmental and clearance conditions.”

Further on December 5, after the PPCB gave a personal hearing to management representatives of 15 MLD Bahadur Ke Road plant in the presence of GS Majithia, member secretary, PPCB, an order was issued by the body stating that at par with 40 MLD and 50 MLD CETP cases, the 15 MLD CETP on Bahadur Ke Road would “also be given a reasonable period to produce the orders of the Hon’ble NGT… failing which further action by the law will be taken”. Following this, the PPCB order, the action against Bahadur Ke Road CETP was also stayed and it moved the NGT.

Jaskirat Singh said, “The court was informed that their previous orders were being misinterpreted by the PPCB and the action was not being initiated against CETPs which were blatantly violating the environmental norms and causing water pollution in Buddha nullah by discharging dyeing industry effluents.”

“The previous NGT order clearly stated that it was only giving conditional stay and coercive action wouldn’t be taken only if the CETPs would fulfil stringent environmental norms which they failed to, but even then the PPCB and Ludhiana administration kept delaying action against CETPs citing NGT orders and misinterpreting them. The court was offended by how its previous order was misinterpreted and called for a fresh affidavit by the PPCB member secretary. The court also clarified that it never gave any blanket stay to the CETPs. The next hearing has been preponed to December 23,” Singh added.