New Delhi [India], November 14 : The National Green Tribunal (NGT) has allowed Mother Dairy's Pilkhuwa unit to resume operations, treating the closure order issued by the Commission for Air Quality Management (CAQM) as interim, and directing the authority to take a final decision after hearing the company.
A Bench of Justice Prakash Shrivastava (Chairperson) and A Senthil Vel (Expert Member) passed the order on November 11 in an appeal filed by Mother Dairy Fruit and Vegetable Pvt. Ltd, which had challenged the CAQM's October 28 directive mandating the immediate shutdown of all industrial activities.
Bench said, the order under challenge will be treated as interim in nature and will be subject to the order passed by the CAQM after giving an opportunity of hearing to Mother Dairy. Till the fresh order is passed by the CAQM in terms of the above direction, the Appellant is permitted to operate the plant by complying with all the environmental norms and instructions issued by the CAQM from time to time".
Mother Dairy argued that the closure direction was issued without a show-cause notice or opportunity of hearing, despite the plant's scale and the potential impact on farmers and milk supply.
The company informed the Tribunal that the unit processes approximately 9 lakh litres of milk daily, sourced from 70,000-90,000 farmers, and that nearly one million litres of milk stored in silos were at risk of spoilage after PVVNL disconnected the electricity on November 10.
The Bench noted that the CAQM's order was passed in violation of principles of natural justice and highlighted the adverse consequences of an immediate shutdown. It also recorded the company's statement that it would keep its third boiler non-operational and comply with all emission norms.
The CAQM had alleged that the unit was operating three boilers, though its consent mentioned only two. OCEMS stack emission readings on September 19 exceeded the prescribed limit of 80 mg/Nm³. Given the "apparent and explicit" violations, a show-cause notice would be "an empty formality".
The Commission consequently ordered a shutdown and directed PVVNL to cut power and UPPCB to initiate prosecution under Section 14 of the CAQM Act.
Taking note of similar cases such as Ekdant Structure Pvt. Ltd. and Om Prakash Khetan, the Tribunal directed the CAQM to give the company a hearing. Consider its supplementary reply (to be filed within 3 days). Pass a final order within 10 days.
Till then, the CAQM order will remain interim in nature, and the plant is permitted to operate subject to full compliance with environmental norms. The Tribunal also ordered PVVNL to immediately restore electricity to the Mother Dairy plant.