Pranav B Prem

The National Green Tribunal (NGT) has taken up an application concerning the implementation of the “Framework on Identification of Materials Generated from Industrial Processes as Wastes or By-Products,” issued by the Central Pollution Control Board (CPCB) in September 2019. The matter came before the Tribunal on an original application filed by the Society for Protection of Environment and Biodiversity (SPENBIO), which alleged large-scale misuse of the by-product classification by industries to evade environmental norms and hazardous waste regulations.

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The Bench, while hearing the matter, granted time to SPENBIO to examine the issue and put forth specific suggestions for the effective implementation of the CPCB framework, the directions issued under Section 5 of the Environment (Protection) Act, 1986, and the provisions of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016.

Senior Advocate Sanjay Upadhyay, appearing for the applicant organization, submitted that hazardous wastes were often being passed off as industrial by-products in violation of statutory provisions, creating serious environmental hazards. He argued that though both the MoEF&CC and the CPCB had issued directions under Section 5 of the Environment (Protection) Act in 2024 to ensure compliance, these directions had not been effectively implemented at the ground level. He sought the Tribunal’s intervention to ensure uniform implementation of the framework across all States and Union Territories.

The Ministry of Environment, Forest and Climate Change (MoEF&CC) filed an additional affidavit detailing the status of implementation of the CPCB framework. It informed the Tribunal that 29 States and Union Territories, including Andhra Pradesh, Assam, Bihar, Chhattisgarh, Delhi, Goa, Gujarat, Haryana, Himachal Pradesh, Jammu & Kashmir, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Odisha, Punjab, Rajasthan, Tamil Nadu, Telangana, Tripura, Uttarakhand, Uttar Pradesh, and West Bengal, had constituted Technical Evaluation Committees (TECs) for assessing whether materials generated from industrial processes are to be classified as waste or by-products. The Ministry further stated that six States and Union Territories—namely Andaman & Nicobar Islands, Ladakh, Lakshadweep, Manipur, Mizoram, and Nagaland—had informed that they had no hazardous waste generating industries or only had recyclable hazardous waste processing units.

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The Tribunal took note of these submissions and emphasized that the effective enforcement of the CPCB framework is essential for preventing misuse of the by-product classification and ensuring compliance with the Hazardous and Other Wastes Rules. Observing that environmental compliance mechanisms must be uniformly implemented across States, the NGT directed SPENBIO to submit its suggestions to strengthen the monitoring and enforcement of the CPCB framework. The matter has been listed for further hearing on November 14, 2025, when the Tribunal is expected to review the status of implementation and the recommendations made by SPENBIO and other authorities.

Appearance

Applicant:Mr. Sanjay Upadhyay, Senior Advocate with Ms. Gitanjali Sanyal & Mr. Surya Gupta, Advs. for Applicant

Respondent: Mr. Balendu Shekhar & Ms. Tanisha Samanta, Advs. for CPCB Ms. Sakshi Popli, Adv. for MoEF & CC (Through VC) Mr. Pradeep Misra & Mr. Daleep Dhyani, Advs. for UPPCB (Through VC)

Cause Title: Society for Protection of Environment and Biodiversity (SPENBIO) vs. Union of India & Ors.

Case No: Original Application No. 502/2023

Coram: Chairperson Prakash Shrivastava with Expert Members Dr. A. Senthil Vel and Ishwar Singh