National Green Tribunal
Suo Motu vs The Chief Secretary, Government Of ... on 24 August, 2022
Bench: Adarsh Kumar Goel, K. Ramakrishnan, Satyagopal Korlapati
Item No. 02 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
SPECIAL BENCH
(By Video Conferencing)
Original Application No. 76/2017(SZ)
Suo Motu-Proceedings initiated based
on the news item Published in "Malayala
Manorama News Paper" - Malayalam Edition
dated 25.03.2017 on the caption "BLACK CITY" Applicant
Versus
The Chief Secretary Government of Kerala,
Kerala and Ors. Respondent(s)
WITH
Original Application No. 259/2017(SZ)
&
M.A No. 209 to 214/2017(SZ)
Lawyers Environmental Awareness Forum (LEAF) Applicant
Versus
State of Kerala and Ors. Respondent(s)
WITH
Original Application No. 260/2017(SZ)
Lawyers Environmental Awareness Forum (LEAF) Applicant
Versus
State of Kerala and Ors. Respondent(s)
Date of hearing: 24.08.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
HON'BLE PROF. A SENTHIL VEL, EXPERT MEMBER
1
O.A. No.76 of 2017
Respondent(s): Mr. G. Prabhu represented Mr. E.K. Kumaresan for R1 to R3 &
R6.
Mrs. V.K. Rema Smrithi for R4.
O.A. No.259 of 2017
Respondent(s): Mr. G. Prabhu represented
Mr. E.K. Kumaresan for R1, R3 & R4.
Mrs. V.K. Rema Smrithi for R2.
Mr. D.S. Ekambaram for CPCB.
O.A. No.260 of 2017
Respondent(s): Mr. G. Prabhu represented
Mr. E.K. Kumaresan for R1, R3 & R4.
Mrs. V.K. Rema Smrithi for R2.
ORDER
1. The matter has been put up at the post judgement stage. It was disposed of vide judgement dated 14.07.2021 dealing with the issue of air pollution in Kochi, Kerala in proceedings taken up suo moto based on media report followed by two applications of NGO - Lawyers Environmental Awareness Forum (LEAF). The said applications mentioned that the air in kochi had higher black carbon content leading to respiratory diseases. Prayer was to direct phasing out of old vehicles to control air pollution and taking other necessary measures.
2. The Tribunal appointed a joint Committee of (1) Central Pollution Control Board (CPCB), (2) Ministry of Environment, Forests & Climate Change (MoEF&CC) Regional Office, Chennai, (3) Motor Vehicles Department, Kerala, (4) Kerala State Pollution Control Board, (5) Indian Institute of Technology (IIT), Chennai and (6) National Environmental Engineering Research Institute (NEERI), Chennai to consider the question of ambient air quality in the State of Kerala, especially in the cities viz., Thiruvananthapuram, Kollam, Kochi, Alapuzha, Kozhikode, Thrissur, Calicut, Kasarkode and Kannur and sources of pollution and also plan long 2 term and short term steps for the purpose of reducing pollution index and improving ambient air quality in the State of Kerala. Measures could include implementing the directions given in VARDHMAN KAUSHIK case in respect of banning of old vehicles and switching over to alternate clean fuel vehicles, including CNG and electric vehicles. The Tribunal also found it necessary to direct source apportionment study in two major cities of Kerala - Thiruvananthapuram and Kochi and to develop model guidelines for control of pollution. Considering the report received, the matter was disposed of.
3. Final directions of the Tribunal are reproduced below:-
"58. ....
(i) The Environment Department, Government of Kerala is directed to conduct the study. The committee appointed by this Tribunal is directed to provide necessary guidance for the study as envisaged by them in the reports primarily in Thiruvananthapuram and Kochi and submit a periodical reports to this Tribunal at an interval of once in 3 (Three) months regarding the progress of the work, so that, if there is any gap found or any lethargic attitude is noticed in conducting the study, this Tribunal can give necessary direction to expedite the study and submit reports. The study shall also cover the directions issued by the Principal Bench of National Green Tribunal, New Delhi in O.A. No.681 of 2018 and connected cases in respect of 102 critically air polluted cities in India and incorporate necessary recommendations to implement the same as well.
(ii) The respective State departments namely, Public Works Department (PWD) and Transport Department are also directed to carry out their plan of action for phasing out the old diesel vehicles replaced with new model/new generation vehicles like, gas, electricity and green and clean fuel vehicles and submit the progress of the implementation of all those schemes on quarterly basis for assessment of progress to be considered by this Tribunal.
(iii) After completion of study in respect of the two major cities namely, Thiruvananthapuram and Kochi, model guidelines may be framed to resolve the issue and then the same guidelines can be adopted to be implemented in other cities as well, so as to solve the problem permanently. The committee members may 3 be actively involved in evaluation of the study report and in formulation of model guidelines.
(iv) The Principal Secretary for Department of Environment, State of Kerala will act as nodal agency for co-ordination of all the committee members to supervise the study and also for co-
ordinating with the different departments to implement the recommendations and the respective departments are also directed to submit their periodical reports once in 3 (Three) months to this Tribunal for evaluating the progress of the work done by them.
(v) The Chief Secretary, State of Kerala is also directed to supervise the implementation of the schemes envisaged by each department to resolve this issue and provide necessary logistics including funding and technical for the concerned departments to quicken the process of implementing the schemes, (if any) required from the Government side and that should not be a hindrance for the concerned department to implement the scheme.
(vi) The Registry is directed to communicate this order to the Chief Secretary, State of Kerala, Principal Secretary for Environment, State of Kerala, Public Works Department (PWD), Revenue Department, Transport Department, members of the committee and also to the other official respondents who are expected to implement the directions of this Tribunal for their information and compliance of the direction.
(vii) The Office is directed to place the reports, as and when received from the authorities including the committee before this Bench for consideration and also for giving further directions (if any) required."
4. Since periodical reports were required to be filed by the State Authorities, the proceedings have continued post-judgment.
5. Vide order dated 01.02.2022, the Tribunal considered the report of the Transport Department dated 27.01.2022 mentioning the steps proposed for control of pollution and deferred the matter for considering reports of other Departments.
6. We have considered further reports dated 07.07.2022 filed by the Additional Chief Secretary, Environment, Kerala and report dated 10.08.2022 filed by the State PCB. Report filed by the Environment Department mentions the action plan for controlling vehicular, dust, 4 construction, DG sets, industrial wastes and other pollution. The action plan also provides for monitoring mechanism. It is further mentioned that steps were being taken for source apportionment study.
7. The State PCB has also submitted an action plan involving awareness programs, strict action against polluting vehicles, preventing dust pollution, greening of open areas, waste management, sprinkling of pavements, preventing burning of waste, control of industrial pollution, compliance by DG sets and installing vapor recovery systems.
8. We have considered the reports. Air pollution control requires continuous planning and action by the statutory regulators in accordance with the environmental laws including the Air (Prevention and Control of Pollution) Act, 1981, the Environment (Protection) Act, 1986 and Rules. The issue has also been dealt with by this Tribunal in the context of 124 non-attainment cities vide final judgement dated 08.04.2021 in O.A No. 681/2018, In Re: News item published in "The Times of India" Authored by Shri Vishwa Mohan Titled "NCAP with multiple timelines to clean air in 102 cities to be released around August 15" with following operative directions:-
"60. Our directions are summed up as follows:
i. We direct constitution of an eight-member National Task Force (NTF) to be headed and coordinated by the Secretary MoEF&CC with nominees (not below the rank of Joint Secretaries) of Ministries from Housing and Urban Development, Road Transport, Petroleum, Power, Agriculture, Health and Chairman, CPCB with a view to monitor remedial steps to improve the status of air quality in NACs consistent with the action plans already prepared and approved by the Expert Committee and directions of this Tribunal, referred to above, including the last order dated 21.08.2020 and also to monitor compliance of noise control norms. NTF may also monitor enforcement of laid down air quality standards beyond NACs in other identified air polluted areas where air quality is poor and above.
ii. The NTF may hold its first meeting within one month and thereafter evolve mechanism for monitoring by quarterly 5 meetings with Chief Secretaries of concerned States/UTs. The NTF may coordinate and work in tandem with the Committees already constituted under NCAP at National and State levels. iii. Monitoring by NTF may be with reference to the action plans of 124 NACs. The components include installation of monitoring stations, completion of CC and SA studies, shifting, prohibiting and regulating activities beyond carrying capacity (such as shifting to cleaner fuel and declaring regulated/no vehicle zones so as to ensure that the air quality does not go beyond 'poor' for protection of health of the citizens), effectiveness of PGRPs, timelines for execution of the action plans and recovery of compensation for delay, addressing gap in control of noise pollution, afforestation drives utilizing CAMPA funds, effective implementation of ERS, revamping of PCBs/PCCs and other monitoring mechanism, remediation of legacy waste sites and effectives steps for management of other waste, including biomedical, plastic and e-waste, dust control, public awareness and community involvement programmes and setting up of data grids on all levels. NTF may also evolve and oversee parameters for interse ranking of success of remedial action for 124 NACs and other air polluted areas where air quality is poor and above. Further, accountability for failures and incentives for success also needs to be monitored. NTF is free to take up any other incidental issues.
iv. Consistent with Digital India initiatives, MoEF&CC/ CPCB may consider setting up and periodically updating National Environment Data Grid (NEDG) linked to the State Environment Data Grids (SEDGs) and District Environment Data Grids (DEDGs) and further linked to available portals like online air quality, Sameer and other monitoring stations to facilitate analysis, research and planning on the subject. It may be further interlinked to National Air Quality Monitoring Programme (NAMP). Based on above data, the MoEF&CC may lay down guidelines for classifying cities/districts in terms of air quality in different categories such as 'red', 'orange' and 'green'. On that basis, a National Air Quality Atlas may be compiled and published on the websites of MoEF&CC, CPCB and State PCBs/PCCs annually.
v. The Chief Secretaries of all States/UTs may continue to monitor progress in execution of action plans at State level with the assistance of monitoring cells in their offices and the AQMCs. The State level monitoring must include action at the ground as per directions to be implemented by the District Magistrates or other concerned departments. The monitoring may include all associated issues, including road dust control by appropriate sprinkling of water (utilizing treated water, instead of potable water), planting herbs and shrubs, and all sources of pollution, including fire crackers. The issue of noise pollution also needs to be addressed, as earlier directed." 6
9. Since the matter already stands disposed of and steps have been taken in terms of directions of this Tribunal, we close the proceedings with the direction that the Authorities may continue to take necessary preventive and remedial measures for control of air pollution in the area so as to meet laid down standards for ambient air quality, as reflected in the AQI.
If any further grievance survives, aggrieved party may take remedy in future making out a case in accordance with law.
Adarsh Kumar Goel, CP K. Ramakrishnan, JM Sudhir Agarwal, JM Dr. Satyagopal Korlapati, EM Prof. A. Senthil Vel, EM August 24, 2022 Original Application No. 76/2017(SZ) and other connected matters AB 7