NITIN DHIMAN vs

1 Item Nos.

05 to 15 Court No.

1 BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI Original Application No.

225/2022 (IA 379/2025, I.A.

No.

380/2025, IA No 815/2023, IA No.668/2023, IA No 596/2023,IA No 273/2025, IA No 271/2025, IA No 269/2025, IA No 270/2025, IA No 268/2025, IA No 20/2023,IA No 21/2023) Nitin Dhiman Applicant Versus State of Punjab & Ors.

Respondent(s) WITH Original Application No.

546/2024 News item titled "Ludhiana PPCB report flags 54 dyeing units in Buddha Nullah’s catchment" appearing in the Hindustan Times dated 25.04.2024 WITH Appeal No.

40/2024 (IA No 544/2024, IA No 536/2024 & IA No.

115/2025) Panjab Dyers Association Tajpur road Ludhiana Appellant Versus Punjab Pollution Control Board & Ors.

Respondent(s) WITH Appeal No.

41/2024 (IA No 691/2024, IA No 545/2024, IA No 537/2024, IA No 529/2024, IA No 528/2024) M/s Punjab Dyers Association (Focal Point Module) Appellant Versus Punjab Pollution Control Board & Ors.

48/2024 (I.A.

702/2024) Bahadur Ke Textiles & Knitwears Association Appellant Versus 2 Punjab Pollution Control Board & Ors.

51/2024 (IA No 692/2024, IA No 657/2024) M/s Punjab Dyers Association (Focal Point Module) Appellant Versus Punjab Pollution Control Board & Anr.

1325/2024 WITH Original Application No.

1326/2024 (I.A.

129/2025) WITH Original Application No.

1327/2024 Public Action Committee & Ors.

Applicant(s) Versus Union of India & Ors.

18/2025 Punjab Dyers Association Appellant Versus Punjab Pollution Control Board & Ors.

20/2025 (I.A.

151/2025 & I.A.

150/2025) Bahadur Ke Textiles and Knitwears Association Appellant Versus Punjab Pollution Control Board & Anr.

Respondent(s) Date of hearing: 16.05.2025 3 CORAM: HON’BLE MR.

JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE MR.

JUSTICE ARUN KUMAR TYAGI, JUDICAL MEMBER HON’BLE DR.

ON’BLE DR.

AFROZ AHMAD, EXPERT MEMBER Applicant: Mr.

Nitin Dhiman, Applicant in Person in OA 225/2022 Mr.

Sanjay Upadhyay, Senior Advocate with Mr.

Chiranshu Rattan, Ms.

Mansi Bachani, Mr.

Shubham Upadhyay, Ms.

Anukriti Bajpai & Mr.

Mohit Thakur, Advs. for Appellant in Appeal 48/2024 & Appeal 20/2025 Mr.

Gaurav Agarwal, Adv. (Amicus Curiae) in OA 225/2022 Mr.

A.R.

Takkar, Ms.

Shriya Takkar, Mr.

Manan Takkar, Ms.

Aastha Tyagi & Mr.

Prince Sharma, Advs. for Appellant in Appeal No.

41 & 51/2024 and for R - 4 in OA 1326/2024 Mr.

I.K.

Kapila, Adv. for Appellant in Appeal 40/2024 & Appeal 18/2025 and for R - 4 in OA 1325/2024 & for R - 7 in OA 225/2022 Mr.

Zain Haider & Mr.

Manik Gupta, Advs. for Applicant in OA 1325-1327/2024 Respondents: Mr.

Vivek Jain, Addl.

Advocate General with Ms.

Savi Nagpal, Assistant Advocate General for the State of Punjab Mr.

Rahul Mehra, Senior Advocate with Ms.

Richa Kapoor, Mr.

Chaitanya Gosain & Ms.

Atika Singh, Advs. for Punjab PCB Mr.

Asheesh Jain, Senior Advocate with Mr.

Shahrukh Ejaz & Ms.

Devika Samant, Advs. in I.A 268-271/2025 & I.A.

268/2025 Mr.

Prince Sharma, Advs. for R - 9 in OA 225/2022 Ms.

Suhasini Sen & Ms.

Masooma Rizvi, Advs. for MoEF & CC Mr.

Ankit Siwach, Adv. for MC, Ludhiana (Through VC) Mr.

Raj Kumar, Adv. for CPCB in OA 225/2022 & OA 1325-1327/2024 Mr.

Mohit Singhal, Adv. for CPCB in OA 546/2024 Mr.

Abhishek, Adv. in I.A.

379-380/2025 Mr.

Prannv Dhawan, Adv. for R - 10 & 11 in OA 225/2022 (Through VC) ORDER OA No.

225/2022:( Item no.5) 1.

IA No.

379/2025 has been filed in OA No.

225/2022 seeking permission to intervene in the OA.

IA is not opposed by Counsel for the applicant.

Hence, allowed.

2.

380/2025 has been filed by the applicant in IA No.

379/2025 seeking a direction to concerned authorities to take immediate and effective steps to clean, restore and rejuvenate the Buddha Nala. ddha Nala.

Similar is the prayer made in the OA and now OA is at the final hearing stage, therefore, no order in this IA is required to be passed and IA 380/2025 is accordingly disposed of.

4 3.

IA Nos.

268/2025 & 269/2025 are listed today whereas said IAs have already been allowed by order dated 09.04.2025.

20/2023 & 21/2023 are also listed today whereas said IAs have already been allowed by order dated 24.01.2023.

Hence, Registry is directed not to list the IAs which are already allowed or disposed of.

4.

273/2025 has been filed by the original applicant seeking permission to place on record additional documents.

On due consideration IA is allowed.

5.

IA 270/2025:-has been filed by Industrial Area-A Dyers Association seeking a direction to the authorities to collect fresh samples of the effluents from ETPs of the Associate Units to test the same for compliance with the prescribed pollution norms and till such time test results in terms of the prayer are received, permit the Associate Unit to operate.

A perusal of the IA reveals that applicant is mainly aggrieved with the insistence of the PPCB on the deployment of ZLD system.

Plea of the Counsel for the applicant is that it is not viable and feasible to deploy the ZLD system.

For such an issue, the applicant has a separate cause of action.

Applicant being an intervener in this case can either support the case of the applicant or oppose it but he cannot be permitted to bringing an issue which is based upon an separate cause of action for which the applicant has a separate remedy.

Permitting such an issue to be raised in this matter will unnecessarily complicate and will alter its scope.

Thus, we do not find any ground to issue any direction in this IA.

Hence, IA No.

270/2025 is disposed of, permitting the applicant to take such other remedies as available in law to raise the grievance indicated in this IA.

5 6. s IA.

5 6.

IA 596/2023:-has been filed by the original applicant seeking permission to place on record additional facts and documents.

IA is not opposed by any of the parties.

7.

IA 815/2023:- has been filed by the applicant – M/s.

Dhawan Processors and M/s.

Raghav Industries seeking intervention in OA No.

225/2022.

No one is present to press this IA.

Hence, IA is dismissed as not pressed.

8.

668/2023:- has been filed by the original applicant seeking permission to place on record additional facts and documents.

9.

IA 271/2025:- this is an application for exemption from filing the certified and legible copies of the annexures.

IA is allowed subject to the condition that appellant will place on record certified and legible copies of the documents on which he wants to rely upon during the arguments.

Appeal No.

40/2024: (Item no.7) 10.

I.A.

544/2024:- has been filed by one Nitin Dhiman seeking intervention in this appeal.

The said applicant has already filed a separate connected OA, therefore, we do not find any justification to permit him to intervene in the appeal.

IA 544/2024 is accordingly dismissed.

11.

536/2024:-has been filed by one Public Action Committee seeking impleadment in this appeal.

Learned Counsel for the applicant in this IA submits that he is not pressing this IA.

IA 536/2024 is accordingly dismissed as not pressed.

12.

115/2025:-has been filed by one Nitin Dhiman for listing.

The said application has already been filed as separate OA.

Hence, no 6 justification is found to allow such a prayer in this appeal which has a different scope.

IA 115/2025 is accordingly dismissed.

41/2024: (Item no.8) 13.

IA No.691/2024: has been filed in Appeal No.

41/2024 for placing on record additional facts and documents.

14.

IA No.545/2024: has been filed by one Nitin Dhiman with the prayer seeking intervention in this appeal.

For the reasons recorded, rejecting the similar IA as above, this IA 545/2024 is also rejected.

15.

IA No.537/2024: has been filed by Public Action Committee & others seeking impeadment and Counsel for the applicant in IA submits that he is not pressing the IA.

16.

IA No.529/2024: has been filed by the appellant under Section 151 of CPC seeking interim relief.

Tribunal has already passed the interim order dated 04.11.2024.

The said interim order is made absolutenand IA 529/2024 is accordingly disposed of.

17.

IA No.528/2024: has been filed by the appellant seeking exemption from filing legible/translated/typed copies of the illegible documents.

IA is allowed subject to the condition that appellant will place on record legible typed copies of the documents on which he want to rely upon during the arguments.

48/2024: (Item no.9) 18.

IA No.702/2024: has been filed by one Nitin Dhiman with the prayer seeking intervention in this appeal.

For the reasons recorded, rejecting the similar IA as above, IA 702/2024 is also rejected.

7 Appeal No.

51/2024: (Item no.10) 19.

IA No.692/2024: has been filed by the appellant seeking permission to place on record additional facts and documents.

20.

IA No.657/2024: this is an application for stay.

In the connected appeal Tribunal has passed the interim order dated 04.11.2024.

The said interim order will be applicable in the present appeal.

With the aforesaid IA 657/2024 is disposed of.

Original Application No.

1326/2024: (Item no.12) 21.

129/2025: has been filed by respondent no.4 seeking exemption from filing legible/translated/typed copies of the illegible documents.

IA is allowed subject to the condition that respondent no.4 will place on record legible typed copies of the documents on which he wants to rely upon during the arguments. arguments.

20/2025: (Item no.15) 22.

150/2025: has been filed by the appellant seeking condonation of delay in filing the appeal.

There is a delay of about 25 days in filing this appeal.

For the reason stated in the application, we find that delay has been properly explained and sufficient reason exists for not filing the appeal within time.

IA is allowed.

Delay in filing the appeal is condoned.

23.

151/2025: this is an application for exemption from filing the certified and legible copies of the annexures.

IA is allowed subject to the condition that appellant will place on record certified and legible 8 copies of the documents on which he wants to rely upon during the arguments.

Common Order: 24.

As of last opportunity, parties are permitted to complete the pleadings within three weeks.

25.

List for final hearing on 22.07.2025.

Prakash Shrivastava, CP Arun Kumar Tyagi, JM Dr.

Afroz Ahmad, EM May 16, 2025 Original Application No.

225/2022 & Connected matters JG..