BEFORE THE HON’BLE NATIONAL GREEN TRIBUNAL

CENTRAL ZONAL BENCH AT BHOPAL (M. P.)

Appeal No. ______________/2022

APPELLANT: Jayshri Gayatri Food Products Pvt. Ltd.

//Versus//

RESPONDENT: Madhya Pradesh Pollution Control Board

INDEX

Sr. Particulars Annexure Page

No. No. No.
1. Index

2. Synopsis

3. Chronology of events

4. Appeal with Affidavit

5. List of Documents

6. Copy of impugned order dated 19-01- A/1

2022 passed by Respondent MPPCB

7. Copy of Board Resolution dated 15- A/2

02-2021

8. Copy of Purchase Order (PO) dated A/3

23-08-2019 of ETP of 500 KLD

9. Copies of flowchart of the anaerobic A/4

(Colly)
ETP and the site plan

10. Copy of work completion certificate A/5

dated 01-02-2022 of 500 KLD ETP

11. Latest pictures of the newly installed A/6

(Colly)
ETP of 500 KLD
 12. The copy of notice dated 20-01-2022 A/7
issued to the Appellant by the
Madhya Pradesh Madhya Kshetra
Vidyut Company Ltd., Sehore

13. The copy of reply dated 20-01-2022 A/8

furnished by the Appellant to
MPMKVCL

14. Copy of online application dated 18- A/9

02-2022 filed before MPPCB

15. Application for interim relief with

affidavit

16. Vakalatnama

Bhopal (M. P.) Milind Sharma

Date: 26-02-2022 Counsel for Appellant
 BEFORE THE HON’BLE NATIONAL GREEN TRIBUNAL
CENTRAL ZONAL BENCH AT BHOPAL (M. P.)

Appeal No. ______________/2022

APPELLANT: Jayshri Gayatri Food Products Pvt. Ltd.

//Versus//

RESPONDENT: Madhya Pradesh Pollution Control Board

SYNOPSIS

That, the present appeal has been filed against impugned order dated

19-01-2022, whereby the Respondent has directed the Appellant to

close the industrial operation along with stoppage of water and

electricity supply to the Appellant industry. The impugned order dated

19-01-2022 is arbitrary and illegal, which has failed to consider the

reply of the Appellant. The Appellant industry has already installed an

Effluent Treatment Plan (ETP) of the capacity of 500 KLD, which is

much more than the required capacity of the industry. The industry

operated by the Appellant is a zero-discharge unit. Hence, the

impugned order is void and illegal, thus the same is being challenged

by way of present appeal.

Bhopal (M. P.) Milind Sharma

Date: 26-02-2022 Counsel for Appellant
 BEFORE THE HON’BLE NATIONAL GREEN TRIBUNAL
CENTRAL ZONAL BENCH AT BHOPAL (M. P.)

Appeal No. ______________/2022

APPELLANT: Jayshri Gayatri Food Products Pvt. Ltd.

//Versus//

RESPONDENT: Madhya Pradesh Pollution Control Board

CHRONOLOGY OF EVENTS

Date Event
23-08-2019 Purchase Order (PO) for the installation of Effluent

Treatment Plant (ETP) of 500 KLD and Ultra

Filtration (UF) and Reverse Osmosis (RO) system

with a capacity of 450 KLD.

08-12-2021 Inspection done by MPPCB at the Appellant’s

industry. But no Show Cause Notice has been served

upon the Appellant.

19-01-2022 Impugned Order issued without serving any Show

Cause Notice and without any inspection on 19-01-

2022.

Hence the present appeal.

Bhopal (M. P.) Milind Sharma

Date: 26-02-2022 Counsel for Appellant
 BEFORE THE HON’BLE NATIONAL GREEN TRIBUNAL
CENTRAL ZONAL BENCH AT BHOPAL (M. P.)

Appeal No. ______________/2022

APPELLANT: Jayshri Gayatri Food Products Pvt.

Ltd.
A company through Director:
Kishan Modi, s/o Shri Rajendra Prasad
Modi, aged about 40 years
Occupation: Business
Address: JGF House, E-4/108, Arera
Colony, Bhopal (M. P.)

//Versus//

RESPONDENT: Madhya Pradesh Pollution Control

Board
Through Regional Officer,
Bhopal (M. P.)
Address: Paryavaran Parisar, E-5, Arera
Colony, Bhopal (M. P.) – 462016

APPEAL UNDER SECTION 33-B OF THE WATER

(PREVENTION AND CONTROL OF POLLUTION) ACT, 1974,
READ WITH SECTION 16(c) OF THE NATIONAL GREEN
TRIBUNAL ACT, 2010

1. PARTICULARS OF THE APPELLANT:

The details of the Appellant have been given in the cause title of
the Appeal for the service of notice.

2. PARTICULARS OF THE RESPONDENT:

The details of the Respondent have been given in the cause title
of the Appeal for service of notice.

3. The Appellant above named begs to present the Memorandum of

Appeal against the order dated 19-01-2022 passed by the
Respondent on the grounds set out hereunder. The copy of
 impugned order dated 19-01-2022 passed by the Respondent is
annexed herewith and marked as Annexure A/1.

4. FACTS IN BRIEF:

4.1. That, the Appellant is a Company registered under the

Companies Act, 2013. The Director Shri Kishan Modi has been

authorized by the Board of Directors to file and pursue the

present appeal before the Hon’ble Tribunal. The copy of board

resolution dated 15-02-2022 authorizing Shri Kishan Modi,

Director, is annexed herewith and marked as Annexure A/2.

4.2. That, the Appellant Company runs an agricultural based

industry established in Village Pipaliya Meera, Tehsil and

District Sehore (M. P.). The Appellant’s industry is a

manufacturer of dairy products, which provides employment to

approximately 1500 persons.

4.3. That, the Appellant’s industry purchases milk from almost 1

lakh farmers / milkmen and provides them the source of

livelihood. Such farmers / milkmen produce their milk from

almost two lakh buffalos and cows. The existence of all these

domestic animals (buffalos and cows) depends upon the sale of

milk by their owner farmer / milkman to the Appellant’s dairy.

4.4. That, the livelihood of families of all these 1500 employees,

around families of 1 lakh farmers / milkmen, and also life of

around 2 lakh buffalos and cows is completely dependent upon

 the Appellant’s industry. Thus, it is important for these lakhs of

families that the operation of the Appellant’s industry continue

on daily basis, failing which a serious issue of bread and butter

of all these families and cattle would arise.

4.5. That, the Appellant Company undertakes a lot of charitable

works under the Corporate Social Responsibility. The appellant

company also has adopted a school for the underprivileged

children to ensure free and quality education to the

underprivileged. The Appellant Company has even got the

boundary wall works of government schools carried on under

the CSR activity to ensure safety of the children and

particularly for girl students. In addition to above, the

Appellant Company is running a ‘gaushala’ for abandoned old

age cows, which are in dire need of shelter and medical care

and are abandoned by their owners for their inability to fetch

milk.

4.6. That, the Appellant’s industry is also engaged in export of

various dairy products to various foreign countries, which

brings foreign exchange in the form of hard currency, i.e., US

Dollars. Thus, the Appellant’s industry is economically

supporting the country by bringing in foreign exchange within

the country.
4.7. That, the dairy industry of the Appellant Company does not use

any harmful chemicals for the production of dairy products,

therefore the discharge from the dairy industry does not have

such chemicals. The effluent generated from the dairy industry

of the Appellant Company only has microbial load within it,

which is not harmful to the environment.

4.8. That, the dairy industry of the Appellant Company has one

fully functional effluent treatment plant with a capacity of 200

KLD since years. Though the ETP of 200 KLD was sufficient

to treat the effluent generated by Appellant’s dairy industry, the

Appellant Company took a conscious decision to install another

ETP with a capacity of 500 KLD in the year 2019, looking to

the business projections in coming years. Copy of Purchase

Order (PO) dated 23-08-2019 of ETP of the capacity of 500

KLD is annexed herewith and marked as Annexure A/3. Along

with the ETP of a capacity of 500 KLD, the Appellant

Company also placed an order to purchase water purification

system including Ultra Filtration (UF) and Reverse Osmosis

(RO) with a capacity of 450 KLD.

4.9. That, the Appellant Company is also installing an online

monitoring system for the MPPCB to monitor real time data of

COD / BOD load and the functioning of the newly installed

ETP. Thus, the Appellant Company is not shying away from

 operating the newly installed ETP and its real time monitoring

by the Respondent.

4.10. That, the Appellant Company purchased 8 acres of land for the

installation of aforementioned ETP. Thus, the total capacity of

the Appellant’s industry to treat the effluent has been increased

from 200 KLD to 700 KLD. The Appellant Company has

installed the anaerobic ETP based on the kind of effluent

generated from the dairy industry. The anaerobic ETP uses

anaerobic bacteria (biomass) which eats up harmful microbial

load to treat the effluent and convert it into good quality treated

water, which after filtration through UF and RO becomes

potable drinking water. Copies of flowchart of the anaerobic

ETP and the site plan are collectively annexed herewith and

marked as Annexure A/4 (Colly).

4.11. That, the installation of new ETP of 500 KLD got delayed due

onset and outbreak global pandemic of COVID-19, which

adversely affected the financial condition of one and all,

including the Appellant. The second reason for delay is that the

first lockdown had an impact of almost six months, while the

second lockdown had an impact of almost four months,

whereby the work force and labour were not available to

complete the construction of new ETP.

4.12. That, the construction of the new ETP of 500 KLD has been

completed and the work completion certificate had been issued

by the civil engineer on 01-02-2022. Copy of work completion

certificate dated 01-02-2022 is annexed herewith and marked

as Annexure A/5.

4.13. That, the effluent discharge of the industry has now been

transferred to the newly installed ETP with the capacity of 500

KLD. The bacterial load has been introduced in the new ETP to

treat the effluent discharge. The culture of the bacteria has

already started and their number shall reach to the maximum

capacity in next 20 days. Latest pictures of the newly installed

ETP of 500 KLD are collectively annexed herewith and

marked as Annexure A/6 (Colly).

4.14. That, the Respondent conducted an inspection at the

Appellant’s industry on 18-12-2021. The copy of inspection

report was not served on the Appellant Company by the

Respondent. The Respondent did not issue any notice, much

less show cause notice pointing out any deficiency to the

Appellant Company for rectifications required, if any.

Suddenly, as a bolt from the blue, the Appellant Company

received impugned order dated 19-01-2022 (Annexure A/1)

from the Respondent MPPCB. The impugned order dated 19-

01-2022 has been issued by the Respondent under Section 33-

 A of the Water Act, whereby a false claim has been made by

the Respondent that inspection was done at the Appellant’s

Industry on 19-01-2022. Whereas, the fact of the matter is that

no inspection was carried out at the Appellant’s industry on 19-

01-2022.

4.15. That, thereafter on 20-01-2022, the Madhya Pradesh Madhya

Kshetra Vidyut Company Ltd., Sehore issued a notice to the

Appellant Company. The copy of notice dated 20-01-2022

issued to the Appellant by the Madhya Pradesh Madhya

Kshetra Vidyut Company Ltd., Sehore is annexed hereto and

marked as Annexure A/7. The Appellant Company had, on 20-

01-2022 itself furnished a reply to the said notice issued by

MPMKVCL setting forth the aforementioned facts. The copy

of reply dated 20-01-2022 furnished by the Appellant to

MPMKVCL is annexed herewith and marked as Annexure

A/8.

4.16. That, the Respondent has directed closure of operations of the

Appellant’s industry as well as the stoppage of electricity and

water connection of the Appellant’s industry. The

disconnection of electricity and stoppage of industrial

operations is resulting into exemplary losses on a daily basis to

the Appellant’s Company. The stoppage of industrial

operations of the Appellant Company has created serious threat

 to the livelihood of the families of fifteen hundred employees,

families of one lakh farmers / milkmen, along with a threat to

the life of almost two lakh cows and buffaloes. This threat to

the life of two lakh cows and buffaloes is going to raise a

serious ecological imbalance, which shall result into severe

environmental damage.

4.17. That, the Appellant Company has filed online application dated

18-02-2022 before the MPPCB for inspection of the industry

and ETP. The Respondent MPPCB is acting arbitrarily in not

conducting inspection of the Appellant’s industry and ETP,

which has resulted into stoppage of electricity leading to

exemplary financial losses to the Appellant. Copy of online

application dated 18-02-2022 filed before MPPCB is annexed

herewith and marked as Annexure A/9.

4.18. The impugned order dated 19-01-2022 is void and illegal, thus

the present appeal is being filed on the following grounds.

5. GROUNDS OF APPEAL:

5.1. Because, the impugned order dated 19-01-2022 is void and

illegal, thus the same is liable to be quashed and set-aside.

5.2. Because, the impugned order dated 19-01-2022 has been

passed without issuing any notice or show cause notice served

to the Appellant in pursuance of inspection dated 18-12-2021 /

19-01-2022.
5.3. Because, the impugned order dated 19-01-2022 has been

passed in blatant violation of principles of natural justice.

5.4. Because, the Respondent MPPCB has not issued any directions

or notice to the Appellant Company pointing out the

deficiencies, if any, and directions for remediation of such

deficiencies after the last inspection. Thus, the impugned order

is void and illegal.

5.5. Because, the Respondent MPPCB has acted arbitrarily and

illegally in issuing the impugned order.

5.6. Because, the Respondent MPPCB is not conducting fresh

inspection of the Appellant industry and its ETP even after the

online application dated 18-02-2022. Thus, the industry cannot

be kept under closure for unlimited period.

5.7. Because, the stoppage of electricity connection is resulting into

losses of perishable raw material to the tune of Rs. 1 crore, as

the cold storage is not functional without electricity.

5.8. Because, the stoppage of electricity connection is going to

result into catastrophic losses of perishable finished dairy

products to the tune of Rs. 10 crores, as the cold storage is not

functional without electricity.

5.9. Because, the Appellant industry as well as whole nation is

going to lose foreign exchange to the tune of almost 1 million

 US Dollars, as the Appellant industry already has export orders

of dairy products to the tune of 1 million US Dollars. Due to

closure and stoppage of electricity, the Appellant shall not be

able to fulfill its contractual obligations towards foreign clients,

which shall result into exemplary losses of millions of US

Dollars.

5.10. Because, the Appellant Company already has contractual

orders of approximately Rupees 45 crores from domestic

market, which the Appellant Company may not be able to

fulfill due to closure and stoppage of electricity. This would

further result into an approximate loss of Rupees 5.40 crores of

to the Government of India, in the form of GST.

5.11. Because, the newly installed ETP with a capacity of 500 KLD

has become functional and now the Appellant’s industry is a

zero-discharge unit. The treated water is being reused by the

industry in its industrial operations. Thus, there is zero-

discharge of any effluent or water by the Appellant outside its

premises.

5.12. Because, the Appellant Company has an enhanced total

capacity of treating 700 KLD of effluent per day.

5.13. Because, no harmful chemicals are used in the industrial

operations of the dairy industry of the Appellant as the same is

agro-based industry.
5.14. Because, the principle of sustainable development is applicable

in the present case and the Appellant’s industry cannot be

stopped entirely for unlimited period, as the life of lakhs of

people is dependent upon the industrial operations of the

Appellant’s industry.

5.15. Because, the Appellant craves leave to add or alter grounds at

the time of arguments.

6. LIMITATION:

That, the present appeal has been filed within the limitation in the

light of the judgment dated 10-01-2022 of Hon’ble Supreme Court

of India is Sue Motto Writ Petition (Civil) No. 3 of 2020, whereby

the limitations have been extended up to 28-02-2022.

7. INTERIM RELIEF(S)

The Hon’ble Tribunal may kindly be pleased to stay the effect and

operation of impugned order dated 19-01-2022 (Annexure A/1) and

direct the Respondent MPPCB to permit the operations of

Appellant’s industry along with restoration of electricity and water

supply, till the pendency of present appeal, in the interest of justice.

8. PRAYER

It is therefore most respectfully prayed that the Hon’ble Tribunal

may kindly be pleased:

 i. to quash and set-aside the impugned order dated 19-01-2022

(Annexure A/1) passed by Respondent MPPCB, for being

void and illegal;

ii. to direct the Respondent MPPCB to withdraw the direction of

closure and to restore the electricity and water supply of the

Appellant’s industry;

iii. to pass any other order, in favor of the Appellant, in the

interest of justice.

Bhopal (M. P.) Milind Sharma

Date: 26-02-2022 Counsel for Appellant
 BEFORE THE HON’BLE NATIONAL GREEN TRIBUNAL
CENTRAL ZONAL BENCH AT BHOPAL (M. P.)

Appeal No. ______________/2022

APPELLANT: Jayshri Gayatri Food Products Pvt. Ltd.

//Versus//

RESPONDENT: Madhya Pradesh Pollution Control Board

AFFIDAVIT

I, Kishan Modi, s/o Shri Rajendra Prasad Modi, aged about 40 years,
having office at JGF House, E-4/108, Arera Colony, Bhopal (M. P.) –
462016, do hereby solemnly affirm and state on oath as under:

1. That, I am the Director of the Appellant Company in the instant

Appeal and am well conversant with the facts of the case, thus
competent to swear this Affidavit.

2. That, the accompanying Appeal has been drafted under my

instructions and the contents from paragraphs 1 to end of the
accompanying Appeal have been explained to me in English and
Hindi, I have understood the same. The contents of Appeal
along with Annexures are true and correct to the best of my
personal knowledge and belief, based on the records of the
Company.

Deponent

VERIFICATION

I, the above named deponent, do hereby verify that the contents of

paragraph no. 1 and 2 of this Affidavit are true and correct to the best
of my personal knowledge and belief.

Verified at Bhopal, Madhya Pradesh, on this 26th Day of

February, 2022.

Deponent
 BEFORE THE HON’BLE NATIONAL GREEN TRIBUNAL
CENTRAL ZONAL BENCH AT BHOPAL (M. P.)

Appeal No. ______________/2022

APPELLANT: Jayshri Gayatri Food Products Pvt. Ltd.

//Versus//

RESPONDENT: Madhya Pradesh Pollution Control Board

LIST OF DOCUMENTS

S.NO DESCRIPTION OF ANNEXURE NO. OF

DOCUMENTS NO. PAGES
1. Copy of impugned order dated A/1

19-01-2022 passed by

Respondent MPPCB

2. Copy of Board Resolution A/2

dated 15-02-2021

3. Copy of Purchase Order (PO) A/3

dated 23-08-2019 of ETP of

500 KLD

4. Copies of flowchart of the A/4

(Colly)
anaerobic ETP and the site plan

5. Copy of work completion A/5

certificate dated 01-02-2022 of

500 KLD ETP

 6. Latest pictures of the newly A/6
(Colly)
installed ETP of 500 KLD

7. The copy of notice dated 20-01- A/7

2022 issued to the Appellant by

the Madhya Pradesh Madhya

Kshetra Vidyut Company Ltd.,

Sehore

8. The copy of reply dated 20-01- A/8

2022 furnished by the

Appellant to MPMKVCL

9. Copy of online application A/9

dated 18-02-2022 filed before

MPPCB

Bhopal (M. P.) Milind Sharma

Date: 26-02-2022 Counsel for Appellant
 BEFORE THE HON’BLE NATIONAL GREEN TRIBUNAL
CENTRAL ZONAL BENCH AT BHOPAL (M. P.)

Appeal No. ______________/2022

APPELLANT: Jayshri Gayatri Food Products Pvt. Ltd.

//Versus//

RESPONDENT: Madhya Pradesh Pollution Control Board

APPLICATION FOR INTERIM RELIEF

It is humbly submitted on behalf of the Appellant as under:-

1. That, the Appellant is challenging the impugned order dated 19-01-

2022, passed by the Respondent MPPCB whereby the Respondent

has directed the Appellant to close the industrial operation along

with stoppage of water and electricity supply to the Appellant

industry.

2. That, the Appellant has elaborately stated the relevant facts and

grounds of appeal in the memo of appeal. Therefore, for the sake of

brevity, the same has not been repeated in the present application.

3. That, in the light of the aforementioned, the Hon’ble Tribunal may

kindly be pleased to stay the effect and operation of impugned order

dated 19-01-2022 and direct the Respondent MPPCB to permit the

operations of Appellant’s industry along with restoration of

electricity and water supply, till the pendency of present appeal, in

the interest of justice.

 PRAYER

It is therefore most respectfully prayed that the Hon’ble Tribunal may

kindly be pleased to stay the effect and operation of impugned order

dated 19-01-2022 and direct the Respondent MPPCB to permit the

operations of Appellant’s industry along with restoration of electricity

and water supply, till the pendency of present appeal, in the interest of

justice.

Bhopal (M. P.) Milind Sharma

Date: 26-02-2022 Counsel for Appellant
 BEFORE THE HON’BLE NATIONAL GREEN TRIBUNAL
CENTRAL ZONAL BENCH AT BHOPAL (M. P.)

Appeal No. ______________/2022

APPELLANT: Jayshri Gayatri Food Products Pvt. Ltd.

//Versus//

RESPONDENT: Madhya Pradesh Pollution Control Board

AFFIDAVIT

I, Kishan Modi, s/o Shri Rajendra Prasad Modi, aged about 40 years,
having office at JGF House, E-4/108, Arera Colony, Bhopal (M. P.) –
462016, do hereby solemnly affirm and state on oath as under:

1. That, I am the Director of the Appellant Company and am well

conversant with the facts of the case, thus competent to swear
this Affidavit.

2. That, the accompanying application has been drafted under my

instructions and the contents from paragraphs 1 to 3 of the
accompanying application have been explained to me in English
and Hindi, I have understood the same. The contents of
application are true and correct to the best of my personal
knowledge and belief, based on the records of the Company.

Deponent

VERIFICATION

I, the above named deponent, do hereby verify that the contents of

paragraph no. 1 and 2 of this Affidavit are true and correct to the best
of my personal knowledge and belief.

Verified at Bhopal, Madhya Pradesh, on this 26th Day of

February, 2022.

Deponent