National Green Tribunal
Raja Singh vs Union Of India on 19 April, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item Nos. 11&12 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application 143/2016 (WZ)
(M.A. No. 377/2017)
Dileep Nevatia Applicant
Versus
Union of India, Secretary MoEF& CC & Anr. Respondent(s)
WITH
Original Application 206/2022
Raja Singh Applicant
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 19.04.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Mr. Dileep Nevatia, Applicant in Person in OA 143/2016
Mr. C P Mittal, Advocate for Applicant in OA 206/2022
Respondent(s): Mr. Siddhesh Paranjape, Advocate for Mr. Rahul Garg, Advocate
for MoEF& CC (in OA 143/2016
Mr. Aniruddha S Kulkarni, Advocate for CPCB (in OA 143/2016)
ORDER
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1. This order will deal with O.A. No. 143 of 2016 and O.A. No. 206 of 2022 as both the matters have common prayer for direction to evolve standards for Indoor Air Quality (IAQ).
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2. In O.A. No. 143/2016, case set out by the applicant is Indoor Air Pollution (IAP) is as serious as Outdoor Air Pollution (OAP). IAP has potential of affecting public health. IAP causes large number of premature deaths due to pneumonia, chronic obstructive pulmonary disease (COPD), and lung cancer. Most affected groups are women and young children. Morbidities associated with IAP are respiratory illnesses, viz., acute respiratory tract infection and COPD, poor perinatal outcomes like low birth weight and still birth, cancer of nasopharynx, larynx, lung and leukemia. Sulphur dioxide and nitrogen dioxide cause wheezing and exacerbation of asthma. Nitrogen dioxide causes respiratory infections and deteriorates lung functions. Sulphur dioxide has an additional etiological role in exacerbation of COPD and cardiovascular disease. Risk of poor perinatal outcomes, viz., low birth weight and perinatal death increases from exposure to carbon monoxide. People disturbed by excessive levels of indoor noise have increased levels of stress hormones that raise their blood pressure and other risk factors, leading to disease and death. In terms of environmental burden on health, noise is second only to air pollution, according to the WHO. In spite of this factual position, no standards have been laid down for IAP by the MoEF&CC or the CPCB.
3. The application was first heard on 04.10.2016. The Tribunal issued notice to the Respondents - MoEF&CC and CPCB. Replies have been filed by the MoEF&CC and CPCB. Stand of the MoEF&CC is that indoor air quality norms have been developed by Bureau of Indian Standards (BIS) incorporated in National Building Code (2005) of India, applicable to the mega malls where large confined conditions exist. General household buildings do not have air handling system installed with them and as such are largely unregulated. Besides, noise Standards 2 for household tools, appliances, etc. have already been developed by BIS. MoEF&CC has notified the source specific standards for emission or discharge of environmental pollutants from certain categories of industries, operations or processes, besides the national ambient air quality standards. Guidelines may be proposed in respect of indoor air quality, instead of new standards as the control, monitoring, regulation and compliance of indoor air quality is not feasible at individual household level. Stand of the CPCB is identical. The applicant has referred to an earlier judgment of this Tribunal dated 30.08.2016 in O.A. No. 81 of 2015, Dileep B. Nivetia v. UOI & Ors., as follows:-
"30. In the present application as noted above, the applicant is seeking directions to the Authorities to take measures to notify sulphur standards for kerosene. Needles s to say, that such measures are to be taken in accordance with law upon exercising the rule making power envisaged in the Environment (Protection) Act, 1986. Once such power is duly exercised, the issue arising out of other enactments like BIS Act become subservient to the cause of environment on account of overriding effect of Environment (Protection) Act. 1986 by virtue of Section 24 of the said Act which read as follows:-
"24...xxxxxxxxxx.................................xxxxxxxx Pertinently, we are dealing with the environmental issue in the present case as per the provisions of the National Green Tribunal Act, 2010. Provisions of BIS Act can also not eclipse the provisions of National Green Tribunal Act, 2010 by virtue of Section 33 of the National Green Tribunal Act, 2010 which read as under."
4. The matter was last considered on 05.07.2018 as follows:-
"It is submitted by Mr. Rahul Garg, learned counsel on behalf of Respondent - MoEF, that the matter relating to indoor air pollution is under consideration of the "Committee for Indoor Air Pollution Management" constituted by office order dated 02.04.2018 and had last met on 12.04.2018. Learned counsel for the MoEF has referred to an affidavit of the MoEF filed on 02.07.2018 setting out the various aspects for the MoEF to supply a copy of the affidavit to the Applicant.
The matter pertaining to indoor pollution though on the face of it appears trivial, is quite serious that calls for urgent attention as it has serious consequences on the health of the people living indoor, more particularly, the infants, children 3 and the aged persons. Concededly, there are various standards prescribed for indoor air pollution by the WHO, US and other advanced countries. We therefore, expect the Ministry to pursue with this matter vigorously to ensure that the standards prescribed are at the earliest.
List the matter on 30th August, 2018 before which the MoEF shall file a report on the progress made in the matter by way of an affidavit."
5. The matter has been taken up today after almost four years but no progress report has been filed by the MoEF&CC, as directed.
6. In O.A. No. 206 of 2022, case of the applicant is that large public buildings where people gather in large number need to maintain safe and healthy air quality by appropriate regulation under provisions of the Air Act, 1981, to safeguard against air borne infection. The applicant earlier filed a writ petition before the Delhi High Court being the W.P. (C) No. 7810/2021 which was disposed of vide order dated 05.07.2021 with a direction that the same be treated as representation to the authorities - MoEF&CC, Ministry of Housing, DPCC and Commission for Air Quality Management. The DPCC rejected the representation by stating that the Air Act, 1981 is not applicable to indoor pollution. Other authorities have not taken any decision. According to the applicant, the view taken by the DPCC is erroneous as air pollution in large public buildings needs regulation in the interest of public health. The applicant has relied upon articles annexed to the petition as Annexures D to G. It is submitted that it is permissible to lay down standards under the Environment (Protection) Act, 1986 (EP Act), Environment (Protection) Rules, 1986(EP Rules) as also the Air (Prevention and Control of Pollution) Act, 1981 (Air Act). The applicant has also referred to statement of objects and reasons of the Air Act, 1981 as follows:-
"2. The presence in air, beyond certain limits, of various pollutants discharged through industrial emissions and from certain human activities connected with the traffic, heating, 4 use of domestic fuel, refuse, incinerations, etc. has a detrimental effect on the health of the people as also the animal life, vegetation and property."
7. We have heard learned counsel for the parties. During the hearing, apart from the pleadings referred to above, some further material has been relied upon to which reference will be made.
8. Question for consideration is whether a substantial question of environment arises under section 14 of the NGT Act and whether a case is made out for a direction under section 15(1) of the NGT Act.
9. We have duly considered the averments in the application, earlier order of the Tribunal dated 5.7.2018, stand of the respondents, relevant statutory provisions and the material produced during the hearing.
10. As per an article on the subject1, toxic gases and particulate matter may be generated indoor which may adversely affect the employees working in such places and also general public visiting such places. The sources of indoor air pollutants can include building material, formaldehyde, volatile organic carbon, radon, asbestos, particulate matter, gaseous pollutants, biological pollutants. Conclusion in the article is as follows:-
"In above review made, it is evident that the indoor air quality is poorly maintained in many Indian buildings because of various reasons. Poor ventilation, reduced per capita floor space, usage of solid fuels for cooking and household products releasing toxic gases and particulate matter are the more depending factors for indoor air pollution. Polluted ambient air is also responsible for indoor air pollution as there is high circulation of air between indoor and ambient air. Therefore, maintaining good ambient condition with natural trees, maximum reduction in usage of indoor polluting household products can help in reducing the indoor pollution to the maximum."1
Retraction: Review on indoor air quality in Indianbuildings (IOP Conf. Ser.: Mater. Sci. Eng. 1145 012037) - https://iopscience.iop.org/article/10.1088/1757-899X/1145/1/012156 5
11. In WHO Guidelines for indoor air quality2, reference is made to sources of pollutants in indoor buildings including benzene, carbon monoxide, formaldehyde, naphthalene, nitrogen dioxide, polycyclic aromatic hydrocarbons, radon, trichloroethylene and tetrachloroethylene. Having regard to such pollutants, WHO has suggested guidelines as follows:-
" Table A. Summary of indoor air quality guidelines for selected pollutants Pollutant Critical outcome(s) for guideline definition Benzene Acute myeloid leukemia (sufficient evidence on causality) Genotoxicity Carbon monoxide Acute exposure-related reduction of exercise tolerance and increase in symptoms of ischaemic heart disease (e.g. ST-segment changes) Formaldehyde Sensory irritation Naphthalene Respiratory tract lesions leading to inflammation and malignancy in animal studies Nitrogen dioxide Respiratory symptoms, bronchoconstriction, increase bronchial reactivity, airway inflammation and decreases in immune defence, leading to increased susceptibility to respiratory infection Polycyclic aromatic Lung cancer hydrocarbons Radon Lung cancer Suggestive evidence of an association with other cancers, in particular leukemia and cancers of the extrathoracic airways.
Trichloroethylene Carcinogenicity (liver, kidney, bile duct and
non-Hodgkin's lymphoma), with the
assumption of genotoxicity
Tetrachloroethylene Effects in the kidney indicative of early renal disease and impaired performance.
Guidelines Comments No safe level of exposure can be recommended.
Unit risk of leukemia per 1µg/m3 air concentration is 6 x 10-6 2 World Health Organization-Selected Pollutant - https://www.euro.who.int/__data/assets/pdf_file/0009/128169/e94535.pdf 6 The concentration of airborne benzene associated with an excess lifetime risk of 1/10000, 1/100000 are 17, 17 and 0.17 µg/m3, respectively.
15 minutes-100mg/m3.
1 hour-35 mg/m3.
8 hours-10 mg/m3.
24 hour-7 mg/m3.
0.1 mg/m3-30 minutes average The guideline (valid for any 30- minute period) will also prevent effects on lung function as well as nasopharyngeal cancer and myeloid leukemia 0.1 mg/m3-annual average The long-term guideline is also assumed to prevent potential malignant effect in the airways 200 µg/m3-1 hour average No evidence of exposure 40 µg/m -annual average 3 threshold from epidemiological studies No threshold can be B[a]P is taken as a marker of determined and all indoor the PAH mixture exposures are considered relevant to health Unit risk for lung cancer for PAH mixtures is estimated to be 8.7 x 10-5 per ng/m3 of B[a]P The corresponding concentrations for lifetime exposure to B[a]P producing excess lifetime cancer risks of 1/10000, 1/100000 are approximately 1.2, 0.12 and 0.012 ng/m3, respectively.
The excess lifetime risk of WHO guidelines provide a death from radon-induced lung comprehensive approach to the cancer (by the age of 75 years) management of health risk is estimated to be 0.6 x 10-5 related to radon. per Bq/m3 for lifelong non-
smokers and 15 x 10-5 per Bq/m3 for current smokers (15-
24 cigarettes per day); among ex-smokers, the risk is intermediate, depending on time since smoking cessation.
The randon concentrations associated with an excess lifetime risk of 1/100 and 1/1000 are 67 and 6.7 Bq/m3 for current smokers and 1670 and 167 Bq/m3 for lifelong non-smokers, respectively.
Unit risk estimate of 4.3 x 10-7 7 per µg/m3 The concentrations of airborne trichloroethylene associated with an excess lifetime cancer risk of 1:10000, 1:100000 are 230, 23 and 2.3 µg/m3, respectively.
0.25 mg/m3-annual average Carcinogenicity is not used as an endpoint as there are no indications that tetrachloroethylene is genotoxic and there is uncertainty about the epidemiological evidence and the relevance to humans of the animal carcinogenicity data "
12. Our attention has also been drawn to Council of Scientific & Industrial Research (CSIR), Guidelines on ventilation of residential and office buildings3 and a documentary film on Indoor Air Quality Concerns and Action4.
13. We may now refer to some of the statutory provisions. Noise Pollution (Regulation and Control) Rules, 2000 have been framed under section 6 read with Section 25 of the EP Act, 1986 read Rule 5 of the EP Rules, 1986. 'Public place' is defined as follows:-
""public place" means any place to which the public have access, whether as of right or not, and includes auditorium, hotels, public waiting rooms, convention centres, public offices, shopping malls, cinema halls, educational institutions, libraries, open grounds and the like which are visited by general public; and."
14. Thus, on that pattern indoor air quality can be regulated in respect of public places, as defined with such changes in the definition as may be required. Regulation need not be for domestic building as rightly pointed out by the MoEF&CC. There is no statutory bar to regulation of 3 CSIR Guidelines on ventilation of Residential and office building - https://www.niti.gov.in/sites/default/files/2022-01/VentilationGuidelines-and-VU-C-Disinfection- Technology-for-mitigation-ofSARS-CoV-2.pdf 4 https://www.youtube.com/watch?v=kBie_sq7eRc 8 indoor air quality under the Air Act or the EP Act and the Rules. Need for such regulation is certainly shown by the studies referred to above. Thus, substantial question of environment arises and is answered to the effect that there is need for regulation of indoor air quality at public places. A case is made out for a direction to evolve an appropriate mechanism by the MoEF and CPCB in coordination with other concerned Ministries particularly the Ministry of Urban Affairs and Ministry of Health, with CPCB being nodal agency. Joint Committee may hold its first meeting within one month and after deliberations work out appropriate standards and protocols for indoor air quality for safeguarding public health at Public places under the EP Act, EP Rules or the Air Act within three months. It will be open to the applicants to make their respective representations before the Committee. Based on report of the Committee, MoEF/CPCB may issue appropriate orders under the relevant statutory provisions.
The applications are disposed of.
A copy of this order be forwarded to the MoEF&CC, CPCB, Ministry of Urban Affairs and Ministry of Health, GoI, by e-mail for compliance.
M.A. No. 377/2017 also stands disposed of.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Dinesh Kumar Singh, JM Prof. A. Senthil Vel, EM 9 Dr. Vijay Kulkarni, EM Dr. Afroz Ahmad, EM April 19, 2022 Original Application No. 143/2016 & Original Application No. 206/2022 A 10