National Green Tribunal
Lawyers Environmental Awareness Forum ... vs Government Of Kerala, Represented By ... on 14 July, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No.5 to 7:-
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No. 76 of 2017 (SZ)
With
Original Application No.259 of 2017 (SZ) &
M.A. No. 209 to 214 of 2017 (SZ)
With
Original Application No. 260 of 2017 (SZ)
IN THE MATTER OF:
Original Application No. 76 of 2017 (SZ)
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(s)
Versus
1) The Chief Secretary,
Government of Kerala, Kerala.
2) The Secretary to Government,
Environment & Forests, Kerala.
3) The Secretary to Government,
Transport Department, Trivandrum.
4) The Chairman,
State Pollution Control Board, Trivandrum.
5) The Commissioner,
Cohin Corporation, Kochi.
6) The District Collector, Ernakulam.
...Respondent(s)
With
Page 1 of 64
Original Application No.259 of 2017 (SZ)
Lawyers Environmental Awareness Forum (LEAF)
Kerala High Court Advocate Association,
High Court Complex, Ernakulam - 682 031.
Represented by its Secretary Smt. Keerthi Solomon,
Aged 35 years, D/o. G. Solomon,
Residing at H.No.31, St. Benedict Road,
Ernakulam, Kochi - 682 018.
...Applicant(s)
Versus
1) Government of Kerala
Represented by its Chief Secretary,
Secretariat, Thiruvananthapuram - 695 001.
2) The Kerala Pollution Control Board
Represented by its Secretary,
Thiruvananthapuram - 695 001.
3) The Secretary, Transport Department,
Secretariat, Thiruvananthapuram - 695 001.
4) The Commissioner,
Kerala Motor Vehicles Department,
Thiruvananthapuram - 695 014.
5) Volkswagen Group Sales India Private Limited,
4th Floor, Silver Utopia,
Cardinal Gracious Road, Chakala,
Andheri East, Mumbai - 400 099.
6) National Environmental Engineering Research Institute
Represented by its Director,
Nehru Marg, Nagpur - 440 020.
7) The Senior Director,
Society for Indian Automobile Manufactures,
Lodhi Road, New Delhi - 110 003.
8) The General Secretary,
All Kerala Bus Operators Organisation,
Bus Bhavan, Palakkad - 678 003.
9) The Managing Director,
Kerala State Road Transport Corporation,
Transport Bhavan, Thiruvananthapuram.
10) The President, Travel Operators Association,
Suburban Complex, Mamangalam, Ernakulam.
Page 2 of 64
11) The President,
Contract Carriage Operators Federation,
Statue Road, Mattancherry, Kochi - 2.
12) The General Secretary,
Kerala State Private Bus Operators Federation,
Ananthavalleeswaram, Kollam - 691 009.
13) The General Secretary,
Kerala State Private Bus Operators Federation,
M.B.Sathyan Mulloor House, ESI Road, Kochi - 18.
(R7 to R13 are impleaded as per Order in
M.A. No.707, 767 & 786 of 2016 dt.05.08.2016.)
14) Lorry Owner's Welfare Federation Kerala State,
A.M. Complex, Lorry Stand, Cherrooty Road,
Kozhikode - 673 001.
Represented by its General Secretary, K. Balachandran
S/o. Late A.V. Kunhambu, A.V. House, Karivalloor P.O.,
Kannur District.
15) All Kerala Federation of Petroliam Traders,
Providence Road, Maruthi Building, Kochi - 18
Represented by its General Secretary, M. Radhkrishnan.
16) Cochin Container Carrier Owners Welfare Association,
Cochin - 3, Represented by its Secretary, Tomy Thomas
S/o. Varghese Thomas, Chettiamparambil, Palarivattam,
Ernakulam.
17) P. Sadasivan, S/o. Parameswaran Nair,
Residing at 18/329, Binny Road, Palluruthy, Cochin - 6.
18) N. Manoharan, S/o. E. Nagarajan,
Residing at 18/2345, Thoppumpady, Cochin - 6.
19) K.M. Nazrudeen, S/o. Abdul Majeed,
Residing at Pallikkunel House, Nettoor P.O.,
Cochin - 40.
20) K.J. Jose, S/o. K.V. Joseph,
Residing at Kavumkal House,
Aroor P.O., Alappuzha.
21) J.H. Hatheef, S/o. J.A. Hamza,
Residing at H.No.14/1473, F, Arjumin House,
Karuvelipaddy, Cochin - 5.
22) Mary Josey, D/o. K. David,
Residing at Kadthous Dale,
Chullikkal P.O., Cochin - 5.
Page 3 of 64
23) T. Narayanan, S/o. M.G. Menon,
Residing at Ayilliyam, Paliyam Road,
Cochin - 16.
24) Jaya Mammen, Proprietor, Express Container Serve
At 1619/1620, Kareem Buildings, INTUC Junction,
Nettoor, Cochin - 40.
(R14 to R24 are impleaded as per Order in
M.A. No.1004/2016 dt.29.09.2016.)
....Respondent(s)
With
Original Application No. 260 of 2017 (SZ)
Lawyers Environmental Awareness Forum (LEAF)
Represented by its Secretary Adv. Keerthi Solomon,
High Court of Kerala, Ernakulam, Kochi - 31.
...Applicant(s)
Versus
1) Government of Kerala
Represented by its Chief Secretary,
Secretariat, Thiruvananthapuram - 695 001.
2) The Kerala Pollution Control Board
Represented by its Secretary,
Thiruvananthapuram - 695 001.
3) The Secretary, Transport Department,
Secretariat, Thiruvananthapuram - 695 001.
4) The Commissioner,
Kerala Motor Vehicles Department,
Thiruvananthapuram - 695 014.
5) The Managing Director,
Kerala State Road Transport Corporation,
Thiruvananthapuram
....Respondent(s)
O.A. No. 76 of 2017 (SZ):
For Applicant(s): Suo Motu by Court.
For Respondent(s): Mr. Arun represented
Mr. E.K. Kumaresan for R1 to R3 & R6.
Mrs. V.K.Rema Smrithi for R4.
Page 4 of 64
O.A. No. 259 of 2017 (SZ) &
M.A. No. 209 to 214/2017 (SZ)
For Applicant(s): None.
For Respondent(s): Mr. Arun represented
Mr. E.K. Kumaresan for R1, R3 & R4.
Mrs. V.K.Rema Smrithi for R2.
Mr. D.S. Ekambaram through
Mrs. P. Jayalakshmi for CPCB.
O.A. No. 260 of 2017 (SZ)
For Applicant(s): None.
For Respondent(s): Mr. Arun represented
Mr. E.K. Kumaresan for R1, R3 & R4.
Mrs. V.K. Rema Smrithi for R2.
Date of Judgment: 14th July, 2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. Dr. K. SATYAGOPAL, EXPERT MEMBER
COMMON JUDGMENT
Original Application No. 76 of 2017 (SZ):-
1. The above case [O.A. No.76/2017] has been Suo Motu registered by this Tribunal on the basis of News item published in Malayala Manorama newspaper dated, 25.03.2017 under the caption "BLACK CITY".
2. It was alleged in the newspaper report that the Black Carbon in the atmosphere in Kochi is atleast five times higher than the rate prescribed by the World Health Organization revealed in the study undertaken by Dr. Biju Thomas, Senior Consultant in Paediatric Respiratory Medicine, Singapore.Page 5 of 64
3. It was further alleged in the newspaper report that the rate of Black Carbon in the atmosphere in Kochi is 95,040 Ng/C3 and if the rate exceeds 20,000 Ng/C3, it is catastrophic to human health, but unfortunately, the rate of the Black Carbon at different traffic junctions in Kochi was more than a lakh Ng/C3. This conclusion was drawn by conducting studies at various locations in Kochi by travelling in the car for about 52 hours with both glass doors opened and closed. The time chosen for the studies was the busiest hours of the day i.e., 8 AM to 10 AM. Inhaling the air with higher Black Carbon content on a regular basis will lead to respiratory diseases like Cancer, Heart Attack etc. and the emissions from the vehicles play an important role in increasing the black carbon content in the atmosphere. The fact that the higher content of black carbon near the main roads showed that there was a direct linkage to the fact that higher the emissions from vehicles, higher the rate of black carbon in the atmosphere.
4. After considering the allegations raised in the newspaper report, this Tribunal had admitted the matter and ordered notice to the respondents therein.
5. The 4th respondent in O.A. No.76/2017 had filed their reply statement contending that the study was carried out using air monitoring equipment mounted on a car by Dr. Biju Thomas, a doctor specialized in paediatric respiratory medicines. The report was self explanatory that the said person had taken samples in different mode viz., sitting in a car while its window glasses were opened, window glasses were closed, glasses closed and its air recirculation button switched on, at junctions, along side roads etc. He had made some findings also which were as follows:
a. Maximum concentration of black carbon obtained while window glass of the car in open position was 95040 Page 6 of 64 nanogram/m3 whereas the concentration limit as per WHO guidelines in 20000 nanogram/m3.
b. Maximum concentration of black carbon obtained while window glass of the car is closed position and recirculation button switched on was 8485 nanongram/m3.
c. Maximum concentration of black carbon obtained at junctions was 100000 nanongram/m3.
6. The 4th respondent further contended that Dr. Biju Thomas had used Aethalometer for the monitoring and it had to be noted that the main uses of Aethalometer relate to air quality measurements, with the data being used for studies of the impact of air pollution on public health, climate change and visibility. Other uses include measurements of the emission of black carbon from combustion sources such as vehicles, industrial processes and biomass burning, both in wild fires and in domestic and industrial settings. The Board is using High Volume/ Respirable Dust Samplers for particulate matter monitoring and never used Aethalometer in the State. Some data with respect to particulate matter concentration in Kochi city environment also were being presented in the said newspaper.
The report shows that the PM2.5 concentration of Kochi city is 38 micro grams/m2 whereas, the concentration in Newyork City is only 9 micro grams/m2. Actually, the concentration of particulate matter is usually specified in micro grams/m3 and not in m2. Also the standard fixed is for 24 Hour/Annual Average. The report is silent as to whether the reading shown was a 24 Hour average or for a particular time interval at all stations. In 1971, the United States Environmental Protection Agency (EPA) established the first National Ambient Air Quality Standard for Particulate Matter. The original Particulate Matter standard was Total Page 7 of 64 Suspended Particulate (TSP). This standard was replaced in 1987 with particulate matter less than 10µm in aerodynamic diameter (PM10) and standard specified as annual average concentration of 50 µg/m 3 and a 24-h maximum of 150 µg/m3, based on the highest value over 3 year period. In 1997, after reviewing scientific studies, the EPA concluded that particles with aerodynamic diameter less than 2.5 µm (PM2.5) had a greater association with mortality and morbidity rates than PM10. On these bases, the EPA established an annual PM2.5 standard level of 15 µg/m3 and a 24-h PM2.5 standard level of 65 µg/m3. In the year 2009, National Ambient standards for Particulate Matter have been notified as follows:
Sl. No. Pollutant Time Concentration
Weighted in Ambient
Average Air
1 Particulate Annual 60
Matter (Size microgram/m3
less than 10
micrometer) 24 hours 100
microgram/m3
2 Particulate Annual 40
Matter (Size microgram/m3
less than 2.5
micrometer) 24 hours 60
microgram/m3
7. It is further contended that the World Health Organization limit for Black Carbon mentioned in the newspaper report is a guideline for exposure limit consistent with the protection of public health and the Board is following National Ambient Air Quality guidelines/ standards for Ambient Air monitoring. The conclusion made in the newspaper report that the black carbon content observed was due to vehicular movement seems to be acceptable as the report under the sub caption "Carbon Hot spots of Kochi" further explains that the maximum obtained concentration Page 8 of 64 of black carbon were at main junctions like Edappilly and Vytilla. Also main roads where traffic was more, higher concentrations levels of black carbon are reached, whereas, in by pass roads the readings revealed low concentration of carbon. Also at traffic junctions, having less traffic congestions viz., Medical trust hospital junction, Kakkanad, Kaloor and Kadavanthra the concentration levels are less in comparison with junctions having more traffic congestion viz., Vytilla and Edappilly. The Motor Vehicle Department and the concerned RTOs were supervising the pollution due to all types of vehicles in the State. It is made mandatory that certificate showing "Pollution under control" shall be obtained by each vehicle owner for using such vehicles and the said certificate is having six months validity only. Heavy penalty is imposed by the motor vehicle department, if such certificate is not obtained by the vehicle owner.
This certificate is issued by authorized testing centres and inspection of such testing centres are done by officers of the motor vehicle department and nowhere in the State, the Board officers interfere in the functioning of such testing centres or in the movement of vehicles on the road. The Board has established five number of monitoring stations in the Kochi City under National Ambient Air Monitoring Programme (NAAMP) viz., (i) South Over Bridge, (ii) KWA (MG Road), (iii) M/s. OEN Connectors (at Vytilla),
(iv) M/s. Traco Cable Company (at Irumbanam) and (v) Industrial Estate (at South Kalamassery). Different parameters viz., PM10, SO2, NOx etc. are being monitored by the Board and the datas are regularly sent to the CPCB under the said programme. Installation of two Continuous Ambient Monitoring Stations at Vytilla Hub and M.G Road near Seematti Junction are already completed and continuous operation of these facilities will be commenced soon. They are planning to have one more CAAQM Station at Page 9 of 64 Kalamassery or Edappilly. They were diligently monitoring this and steps are being taken to control the same as well.
8. The respondents 1 & 2 in O.A. No.76/2017 have filed their reply statement wherein, they have reiterated the contentions raised by the Kerala State Pollution Control Board in their counter statement and further mentioned that they are taking all necessary steps to curtail the air pollution in Kochi.
9. The 6th respondent/District Collector in O.A. No.76/2017 had filed their counter statement which is more or less similar to the counter statement filed by the Kerala State Pollution Control Board.
Original Application No.259 of 2017 (SZ):-
10. The above application (O.A. No.259/2017) has been filed by applicant, where they have stated that it is an organisation constituted with members of Lawyer community and were pro-active in raising host of environmental issues, either through public awareness campaigns or approaching Hon'ble High Court. They were also assisting the Hon'ble High court in environmental issues.
11. The issue that was raised in the case was regarding the anticipated pollution that is likely to be caused in the State of Kerala due to vehicular emission and other emissions. They have further mentioned in the application that if the same situation continues, then the situation will worsen than in Delhi in respect of air pollution. Further, the city is also termed as one of the critically polluted cities which requires serious attention.
12. It was further alleged in the application that pursuant to the directions issued by the Hon'ble Supreme Court as well as the National Green Page 10 of 64 Tribunal, Principal Bench, use and sale of diesel vehicles of particular category in the State of Delhi have been restricted. Due to uncontrolled use of diesel vehicles, especially large trucks, auto rickshaws and taxies etc. Delhi has become the most polluted city in the world today.
13. That prompted the applicant organization to file this application as O.A. No.259/2017 (SZ) seeking the following reliefs:-
―(i) To issue an order or direction to the respondents to ban all diesel operated trucks, lorries, autos, taxis etc from plying for more than 10 years in Kerala;
(ii) To issue an order or direction directing that vehicles manufactured by the 5th respondent are banned from selling any vehicle till their manufacturing units are inspected and approved by the 4th respondent;
(iii) To issue an order or direction directing the Kerala Motor Vehicles Department to strictly insist for the pollution free certificates from buses, lorries, autos and taxis in Kerala with immediate effect.‖
14. The 3rd respondent in O.A. No.259/2017 filed counter on their behalf and on behalf of the respondents 1 & 4 contending that the application is not maintainable since neither the Motor Vehicles Act nor the Environment (Protection) Act, 1986 and Environment (Protection) Rules and Air (Prevention and Control of Pollution) Act, 1981 does not provide for banning of vehicles and as such, the Tribunal cannot direct banning of vehicles as sought for in the application. They have reiterated the provisions of Section 39, 45, 46, 53, 54, 55, 56, 57, 59, 84, 190 of the Motor Vehicles Act, 1988 and Rule 62, 115 of the Central Motor Vehicles Rules in respect of regulation of issuing permit and /or refusing registration etc. of the motor vehicles and beyond that, the State Government could not act and as such, most of the reliefs claimed in the application could not be granted. Further, the decision of the Principal Bench in Vardhaman Kaushik case and also M.C. Mehta cases relied on by the applicant are Page 11 of 64 relating to the pollution issues within the jurisdiction of NCR and NCT of Delhi and the same is not the condition in Kerala. As per the data available with the Transport Commissioner, 61,355 transport vehicles and 40,536 non-transport vehicles will be out from the roads, if the order of the Principal Bench is implemented. They have provided several methods of curbing pollution and also necessary steps are being taken to protect the environment and also to regulate the pollution control mechanism to curb pollution on account of vehicle transport. So, they prayed for dismissal of the application.
15. The Central Pollution Control Board had produced certain documents showing the Ambient Air Quality in different places which they prepared in the National Ambient Air Quality Programme, showing the picture regarding the Ambient Air Quality in the State of Kerala in different districts.
16. The 7th respondent in O.A. No.259/2017 had filed their counter statement more or less relying on the contentions raised by the State departments.
They have also contended that the application is not maintainable and most of the reliefs claimed are against the provisions of the Motor Vehicles Act, 1988 which cannot be granted. So, they prayed for dismissal of the application.
Original Application No.260 of 2017 (SZ):-
17. The above application (O.A. No.260/2017) was another case filed by the same applicant namely, Lawyers' Environmental Awareness Forum (LEAF) raising the issue regarding pollution caused to air due to Page 12 of 64 uncontrolled use of vehicles especially large Trucks, Bus, Auto rickshaw, taxi etc., emitting the smoke in the State of Kerala.
18. According to the applicant, as per the report on health study made by some organisation about 6,20,000 premature deaths occurred in India due to air pollution related diseases. Air Pollution is one of the top killers in the world, and the sixth most dangerous killer in South Asia. Outdoor air pollution has become fifth largest killer in India. ICCT (International Council on Clean transportation) study shows that vehicular emissions can be controlled substantially by early introduction of stricter standards of Bharat Stage adopted in Auto Fuel Policy 2002. It has laid down a road map for introduction of clean fuels and vehicles in the country upto 2010.
The Auto Fuel Emission Committee set up in 2013 has recommended the introduction of BS IV and BS VI norms across the country.
19. It was further alleged in the application that the Lorries and trucks that are more than 10 years old are the main source for the rising air pollution level in Kerala. Government vehicles are the most notorious and Kerala Road Transport Corporation Vehicles are also using older vehicles without making proper maintenance, emitting deadly gases in to the atmosphere.
The Motor Vehicle Department takes special interest only to penalise the bike owners or car owners, but are reluctant to ensure that the buses and trucks in Kerala are complying with the pollution norms.
20. It was also alleged in application that as per the report dated, 21.03.2016 seen in Malayala Manorama News, Respondents 3 and 5 have hurriedly taken steps to purchase 1500 new buses before 1st April 2016. After 1st April, 2016 in Kerala, registration is permitted only for BS IV Buses as part of Fuel Control Policy. Since the price of BS Standard buses is too high, the respondents have taken steps to purchase these buses prior March 2016. It Page 13 of 64 is further alleged that 1350 Ordinary buses, 150 suspension buses and 18 Scannia buses would run on Kerala roads and the action of the respondents will cause more air pollution and defeat the purpose of Auto Fuel Policy.
21. So, the applicant as an organisation interested in environment, filed this application as O.A. No.260/2017 (SZ) seeking the following reliefs:
―(i) To issue an order or direction to the respondents to stop all new operated KSRTC buses purchased in March 2016 without BS IV from plying in Kerala.
(ii) To issue an order or direction directing the 4th respondent Kerala Motor Vehicles Department to comply with Auto Fuel Policy standard for Registration of government Buses also and pollution fee certificates from 2nd respondent with immediate effect.‖
22. The 2nd respondent / Kerala State Pollution Control Board (KSPCB) in O.A. No.260/2017 had filed their reply in the form of report contending that Kerala State Pollution Control Board is monitoring ambient air quality at 30 locations in the District of Thiruvananthappuram, Kollam, Pathanamthitta, Alapuzha, Kottayam, Idukki, Ernakulam, Thrissur, Palakkad, Malappuram, Kozhikode, Vayanad, Kannur and Kasaragod. The locations fall under the categories of industrial, commercial, residential and sensitive. Out of the 30 stations, 24 stations come under National Ambient Air Quality Monitoring Programme (NAMP) and 6 under State Ambient Air Quality Monitoring Programme (SAMP). Parameters such as Sulphur dioxide, Nitrogen Oxides and Respirable Suspended Particulate Matter (below 10 micron size) (RSPM) are monitored regularly. Ambient air monitoring is conducted 24 hours a day for 2 days every week at each station. Sulphur dioxide (SO 2) and Nitrogen Oxides (NOx) are monitored at four hour interval and Respirable Suspended Particulate Matter (RSPM) at eight hour interval. Monitoring of remaining parameters under (NAAQS) is in the implementation level. The Page 14 of 64 monitoring and method of analysis are according to the National Ambient Air Quality Standards (NAAQS) specified by the Central Pollution Board.
The compiled data is being published as an annual directory in the State and published nationally by Central Pollution Control Board. One of the reasons for high value is its proximity to the main road and having high level soil dust. In the air quality monitoring done by the Board during 2009 to 2013, the annual average concentrations of Sulphur dioxide and Oxides of Nitrogen were never found exceeding the limit values whereas, the RSPM values exceeded the limit value (60µg/m3) many times. The RSPM value exceeds the limit at 7 stations during 2012 and in 9 stations during 2013. Ernakulum was shown as one of the place where the RSPM values exceeded the limit.
23. They further contended that they are monitoring the air pollution in industrial sector and also other sectors. The source of pollution is vehicle emission, garbage disposal and dust due to construction activities. The National Ambient Air Quality is being monitored as per the directions of the Central Pollution Control Board. Necessary instructions have been given to control the same by the Kerala State Pollution Control Board. It is also mentioned that the Ambient Air Quality in the State at present is not alarming. So, they prayed for dismissal of the application.
24. The 5th Respondent/Kerala Road Transport Corporation in O.A. No.260/2017 had filed a statement contending that the application is not maintainable, as it will not fall under any of the statute mentioned under the National Green Tribunal Act, 2010 and it will not fall under Section 14 (1), 15 (1), 17 (1) and (2) of the National Green Tribunal Act, 2010 as well.
25. The 5th respondent had further contended that all the vehicles of the respondents have got fitness certificate, as provided under Section 56 of the Motor Vehicles Act and the fitness certificates were issued by the authority, Page 15 of 64 after satisfying that all the Vehicles of the respondent complied all the requirements of the Motor Vehicles Act. Rule 115 of the Central Motor Vehicle Rules, 1989 prescribes emission level of smoke, vapour etc. from Motor Vehicles and Rule 115 (9) prescribes mass emission standard for diesel vehicles and this respondent's vehicles are satisfying those standards prescribed under Rule 115 (9) of the Central Motor Vehicle Rules and after complying with all the formalities, the authority had issued fitness certificate and emission certificate to the vehicle of the respondent.
26. It is further contended that the Motor Vehicles Act is a self contained code and Section 94 of the Motor Vehicles Act is a bar of jurisdiction of all Courts.
They have relied on the decision reported in O.P.899 and W.A. 186 of 1995 dated 07.03.1995 A.M.S. Mannadiar Vs. State of Kerala in 1991 (1) KLT 606 and also reported in AIR 1954 Supreme Court 340 in Civil Appeal No.14 of 1953 Kiran Singh Vs. Chaman Paswan & Ors. Dated 14.04.1954, in support of this contention. In public interest, the Government of Kerala issued a draft notification Under Section 99 (1) of the Motor Vehicles Act on 02.08.2012 by which monopoly was granted to the 5th respondent to conduct the Fast Passenger and other Super Class service in the State of Kerala. Subsequently, the Government of Kerala approved the scheme and final notification has been issued on 16.07.2013. For the purpose of implementing the above scheme and to replace some old stage carriages, the Board of Directors of the 5th respondent Corporation took a decision on 13.12.2013 to purchase 1500 chassis for the bus by inviting tenders. Accordingly, 2 separate notifications have been issued by the 5th respondent for purchasing 1350 conventional chassis and 150 Air suspension chassis.
27. Further, the 5th respondent contended that pursuant to the above notifications, tenders had been called for and tenders were submitted by Page 16 of 64 various persons and one of the tenders had been rejected due to technical grounds. The bidder approached the Hon'ble High Court of Kerala and the Hon'ble Court directed to conduct re-tender. Accordingly, re-tender notification was issued on 20.08.2014 for this purpose. Purchase order had been issued to M/s. Ashok Leyland for supply of 1080 chassis on 28.10.2014 and supply schedule of the above purchase order was before March 2015.
Similarly, purchase order had been issued to M/s. Tata Motors Limited for supply of 135 chassis on 28.10.2014 and supply schedule of the above purchased order was before March 2015. Another purchase order had been issued to M/s V.E. Commercial Limited, for supply of 20 chassis on 28.10.2014 and supply schedule of the above purchase order was before December 2014. Another purchase order had been issued to M/s. Tata Motors limited, for supply of 75 chassis on 26.08.2015 and supply schedule of the above purchase order was during September 2015. Another purchase order had been issued to M/s. V.E. Commercial limited, for supply of 10 chassis on 22.09.2015 and supply of the above purchase order was during October 2015. Another purchase order has been issued to M/s. Ashok Leyland Limited, for supply of 37 chassis on 14.01.2016 and supply schedule of the above purchase order was during February and March 2016. Another purchase order had been issued to M/s. V.E. Commercial schedule for supply of the above purchase order was during February and March 2016. Again purchase order had been issued to M/s Ashok Leyland Limited for supply of 9 chassis on 15.03.2016 and supply schedule of the above purchase order was during March 2016. Another purchase order had been issued to M/s. Tata Motors Limited for the supply of 19 chassis on 15.03.2016 and supply of schedule of the above purchase order was during March 2016. The Government notification referred to by the applicant is only applicable to the Page 17 of 64 purchase of vehicles after 01.04.2016. As a matter of fact, all the proceedings for purchase of 1500 chassis had been completed by the 5th respondent before 31.03.2016. Therefore, they prayed for dismissal of the application.
28. On 06.01.2020, after considering the pleadings in O.A. No.259/2017, this Tribunal had appointed a Joint Committee comprising 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 long term and short term steps to be evolved for the purpose of reducing pollution index and improve ambient air quality in the State of Kerala and also frame necessary time line for 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 and submit a report to this Tribunal by e-mail within a period of three months and the Kerala State Pollution Control Board was designated as the nodal agency for this purpose and posted the case to 06.05.2020.
29. On 07.01.2020, after considering the pleadings in O.A. No.260/2017, this Tribunal had directed the Chief Secretary, State of Kerala and Managing Director of Kerala State Road Transport Corporation and the Commissioner of Transport, State of Kerala to submit a report as to the action plan, both Page 18 of 64 long term and short term with specific guideline to implement the phasing out old vehicles and replacing the same with alternate green and clean fuel efficiency vehicles and posted the case to 19.03.2020 for that purpose.
30. While considering the matter (O.A. No.76/2017) on 05.03.2020, this Tribunal found that another case is pending before this Tribunal in respect of controlling air pollution in State of Kerala which was filed by an organization namely, Lawyers' Environmental Awareness Forum (LEAF) as O.A. No.259/2017 (SZ) and this case (O.A. No.76/2017) was also posted along with that case for considering together.
31. Similarly, the case (O.A. No.260/2017) was taken up on 19.03.2020 and this Tribunal had considered the submission made by the learned counsel appearing for the Kerala State Pollution Control Board (KSPCB) that there is another matter dealing with the Ambient Air Quality in Kerala State on account of the vehicular pollution as well and this Tribunal posted this case also along with Original Application No.259 of 2017 and Original Application No.76/2017 on 06.05.2020 for consideration.
32. Thereafter, all these matters were adjourned by successive notifications and again all these cases were taken up on 12.06.2020 and this Tribunal had noted that since all these cases are relating to air pollution caused in State of Kerala and the remedial measures to be taken to remedy the same, this Tribunal felt that all these cases can be considered together and disposed of by a common judgement. So, all the cases were tagged together.
33. On that day, this Tribunal had also considered the additional report filed by the Kerala State Pollution Control Board in O.A. No.76/2017 extracted in Para 8 of the order which reads as follows:-
Page 19 of 64―ADDITIONAL REPORT FILED BY THE SENIOR ENVIRONMENTAL ENGINEER, LEGAL CELL, REGIONAL
OFFICE, ERNAKULAM, ON BEHALF OF THE 4TH RESPONDENT I. Vinaya K.S. 48 years, w/o Sri. K.R. Manoj, Senior Environmental Engineer, Regional Office, Kerala State pollution Control Board, Ernakulam do hereby submit as follows:
1. It is humbly submitted that, as per the provisions of the Air (Prevention and Control of Pollution) Act 1981, the Government of Indian in the Ministry of Environment and forest have notified the National Ambient Air Quality Standards (NAAQS) in 2009. This revised national standards aim to provide uniform air quality standards across the country irrespective of the land use pattern. 12 health based parameters are identified in the NAAQS which are to be measured at national level with a view to have data comparison. The parameters specified as per the NAAQS are SO2, NO2, PM10, PM2.5, Ozone, Lead, Carbon Monoxide, Ammonia, Benzene, Benzopyrene, Arsenic and Nickel as per the National Air Quality Standards. Copy of the notification is produced here with as Annexure R4(a).
2. It is respectfully submitted that, Particulate Matter (PM) is a term used to describe the combined presence of solid particles and liquid droplets in air. PM is emitted during the combustion of solid and liquid fuels for power generation, domestic heating and in vehicle engines. PM2.5 denotes particles with a diameter less than 2.5 metres µm PM2.5 is also known as fine particular matter. Exhaust gases are a main source of PM2.5. Consequently levels of PM2.5 close to roadsides are often much higher than those in background locations.
The main contributors that increase the levels of particulate matter are vehicles, power generators, industrial and agricultural emissions, residential heating and cooking, manufacture of chemicals, forest fires and construction activities.
3. It is submitted that the main contention in the O.A. is that the concentration of carbon black in Kochi City is very high. Carbon Black is not included as a parameter in the NAAQS. Hence the concentration of carbon black in the atmosphere is not directly measured by the Board. Carbon Black occurs in solid form in the atmosphere and hence would naturally form a part of the particulate matter in the atmosphere. The Board is regularly measuring concentration of Particulate Matter in the ambient air cross the State including in Kochi city. The carbon black if any present, will form a part of this particulate matter. PM2.5 include the particle of size less than 2.5 µm which also include carbon content in the atmosphere.
Page 20 of 644. In the newspaper item forming the basis of this O.A. the concentration of carbon black is said to have been measured using Aethelo meter. Since carbon black is not a parameter in NAAQS the Board is measuring only the particulate matter. The measurement methods prescribed in the notification parameters include gravimetric. TOEM Beta ray Attenuation. Use of Aethelo meter is not specified in NAAQS.
5. It is respectfully submitted that, in view of the air quality improvement effort, CPCB took initiative for developing a Air Quality Index (AQI) for Indian cities. Air Quality index is defined as a tool that transforms the weighed values of individual air pollution related parameters into a single number or set of numbers. AQI can be used to disseminate information on air quality in qualitative terms (eg. Good, satisfactory, poor) as well as its associated likely health impacts. There are six AQI categories namely Good, Satisfactory, Moderate polluted, poor, very poor and severe. AQI considers eight pollutants for which short term (upto 24 hourly average) standards are prescribed. AQI can be calculated if monitoring data are available for minimum three pollutants of which one should necessarily be PM2.5 or PM10. Break points for AQI scale 0-500 is enclosed herewith as Annexure R4(b).
6. I humbly submit that the Board has established five number of Manual Air Quality Monitoring stations in the Kochi City under NAMP (National Ambient air Quality Monitoring Programme) and these are working satisfactorily. Different parameters PM10, SO2, NH3, NOx etc., are being monitored by the Board. Copy of the tabulated data on annual average of Ambient Air Quality at five stations of Kochi City for the past three years are produced herewith and marked as Annexure R4(c). Annual average concentration of PM10, So2 and Nox measured at 5 stations in Kochi City was seen well within the standards prescribed except PM10 at Kalamassery in 2018. Monitoring of PM2.5 concentration under NAMP, was started in the middle of the year 2019.
7. It is respectfully submitted that, the Board had established two Continuous Ambient Air Quality Monitoring Stations (CAAQMS) in Kochi, at Vytila Hub and MG Road in Ernakulam District. These are functioning from 2018 onwards and it is continuously operating. In this facility, the concentration of PM2.5, PM10, So2, NH3, NO2, NOx, CO, O3, NO, H2S in ambient air are being measured continuously. The monthly average of the Continuous Ambient Air Quality data and monthly AQI values for the year 2017, 2018, 2019 is produced herewith as Annexure R4 (d). As per the records in Vytila Hub almost all the values are in between 51-200 (satisfactory and Page 21 of 64 moderately polluted) except June 2018, December 2018 and January 2019. Pollution Control Board is the statutory authority for monitoring and publishing data on air quality in the State and it is done as per method approved by the Central Pollution Control Board. Since the carbon black also a part of the concentration of particulate matters, which is monitored by the Board and if the concentration of particulate matter is exceeding the limit, then only the matter has to be viewed seriously. Till then there is no relevant in the measurement of carbon black only.
8. Dated this the 14th day of May 2020.
Annexure - R4 (a):
NATIONAL AMBIENT AIR QUALITY STANDARDS CENTRAL POLLUTION CONTROL BOARD NOTIFICATION New Delhi, the 18th November, 2009 No.B-29016/20/90/PCI-L - In execise of the powers conferred by Sub- section (2) (h) of section 16 of the Air (Prevention and Control of Pollution) Act, 1981 (Act No.14 of 1981), and in super session of the Notification No(s). S.O. 384 (E), dated 11th April, 1994 and S.O. 935 (E), Ambient Air Quality Standards with immediate effect, namely:-
NATIONAL AMBIENT AIR QUALITY STANDARDS Concentration in Ambient Air Industri Ecological al, ly Time Resident sensitive Methods of S. No. Pollutant Weighted ial, area Measurement average Rural (notified and by Other Central Area Govt.) (1) (2) (3) (4) (5) (6) 1 Sulphur Annual * 50 20 Improved West and Dioxide Geake (SO2), Ultraviolet µg/m3 24 hours ** 80 80 flourescence 2 Nitrogen Annual * 40 30 Modified Jacob & Dixode Hochheiser (Na-
(NO2), Arsenite)
µg/m3 24 hours ** 80 80
Chemiluminescence
3 Particulate Annual * 60 60 Gravimetric
Matter 24 hours ** 100 100 TOEM
Page 22 of 64
(size less Beta attenuation
that 10 µm)
or PM10
µg/m 3
4 Particulate Annual * 40 40 Gravimetric
Matter 24 hours ** 60 60 TOEM
(size less Beta attenuation
than 2.5
microns) or
PM2.5
µg/m3
5 Ozone (O3) 8 hours ** 100 100 UV photometric
µg/m3 1 hour** 180 180 Chemiluminescence
Chemical method
6 Lead (Pb) Annual * 0.5 0.5 ASS/ICP method after
µg/m3 24 hours ** 1.0 1.0 sampling on EPM
2000 or equivalent
filter paper
ED - XRF using
Teflon filter
7 Carbon 8 hours ** 2 2 Non Dispersive Infra
Monoxide 1 hour** 4 4 RED (NDIR)
(CO) Spectroscopy
mg/m3
8 Ammonia Annual * 100 100 Chemiluniescence
(NH3) 24 hours ** 400 400 Indophenol blue
µg/m3 method
9 Benzene Annual * 5 5 Gas chromatography
(C6H6) based continuous
µg/m3 analyser
Adsorption and
desorption followed
by GC analysis
10 Benzo (a) Annual * 1 1 Solvent extraction
Pyrene followed by HPLC/GC
(BaP) - analysis
particulate
phase only
ng/m3
11 Arsenic Annual * 6 6 AAS/ICP method after
(As) ng/m 3 stampling on EPM
2000 or equivalent
filter paper
12 Nickel (Ni) Annual * 20 20 AAS/ICP method after
ng/m3 stampling on EPM
2000 or equivalent
filter paper
* Annual arithmetic mean of minimum 104 measurements in a year at a particular site taken twice a week 24 hourly at uniform intervals.
** 24 hourly or 8 hourly or 1 hourly monitored values, as applicable, shall be complied with 98% of the time in a year. 2% of the time, they may exceed the limits but not on two consecutive days of monitoring.
Page 23 of 64Note: Whenever and wherever monitoring results on two consecutive days of monitoring exceed the limits specified above for the respective category, it shall be considered adequate reason to institute regular or continuous monitoring and further investigation.
Annexure R4(b):
It is described in Chapter 2 that the aggregation function, F of combining sub-indices of individual pollutants is delicate as most indicies suffer from ambiguity and eclipsing. For the proposed AQI, a maximum operator system has been adopted which is free from ambiguity and eclipsing, as shown below:
AQI = Max ( I1, I2, I3, ... In) Figure 3.1 shows the operational scheme of AQI system based of maximum operator (i.e. maximum sub-index being the overal index). To present status of the air quality and its effects on human health, the following description categories have been adopted for IND-AQI (Table 3.2):
Table 3.2: IND-AQI Category and Range
AQI Category AQI Range
Good 0 - 50
Satisfactory 51 - 100
Moderately - polluted 101 - 200
Poor 201 - 300
Very Poor 301 - 400
Severe 401 - 500
These categories / AQI ranges should map to key reference (breakpoints) of concentration of each pollutants though a segmented linear or a non-linear function.
Annexure - R4 (c):
AMBIENT AIR QUALITY ANNUAL AVERAGE OF FIVE NAMP STATIONS IN ERNAKULAM DISTRICT 2017 - 2019 Year - 2017 Sl. Station Station RSPM So2 µg/m3 Nox µg/m3 No. Code µg/m3 Annual Annual Annual Average Average Average 1 M.G. Road 147 52 2.55 12.31 2 South 338 49 2.42 12.52 3 Vytila 562 50 2.71 19.55 4 Irumpanam 30 54 2.44 13.79 Page 24 of 64 5 Kalamassery 346 49 2.43 9.21 Year - 2018 Sl. Station Station RSPM So2 µg/m3 Nox µg/m3 No. Code µg/m3 Annual Annual Annual Average Average Average 1 M.G. Road 147 53 3.12 13.34 2 South 338 49 2.42 12.53 3 Vytila 562 50 2.71 19.53 4 Irumpanam 30 51 2.44 13.79 5 Kalamassery 346 61 9.21 49 Year - 2019 Sl. Station Station RSPM So2 µg/m3 Nox µg/m3 No. Code µg/m3 Annual Annual Annual Average Average Average 1 M.G. Road 147 39 2 11.86 2 South 338 48 2 12.46 3 Vytila 562 42 2 13.16 4 Irumpanam 30 41 2.02 11.05 5 Kalamassery 346 48 2.02 9.97 RSPM µg/m3 60 Annual Average, max Standard RSPM µg/m3 50 Air Quality Annual Average, max Values RSPM µg/m3 40 Annual Average, max Station: CAAQMS _ MG ROAD Periodically: October 2017 - December 2019 Type: AVG Monthly [1 Hr.] Page 25 of 64 Date & H2S SO2 CO NH3 NO NO2 Nox PM 10 PM 2.5 Time µg/m3 µg/m3 mg/m3 µg/m3 µg/m3 µg/m3 µg/m3 µg/m3 µg/m3 October No No Data No No No Data No Data No Data No Data No Data 2017 Data Data Data Novembe 3.4 1.2 1.9 1.6 13.6 29.2 42.9 87.1 55.3 r 2017 Decembe 54.5 79.5 1.7 1.9 14.4 31.9 44.5 93.1 57.4 r 2017 January 0.4 2.4 1.2 2.2 9.2 30.2 39.4 114.3 73.9 2018 February 0 3.5 1.4 1.4 10.9 21.9 32.8 100 63.3 2018 March 95 140.7 1.3 0 29.2 7.4 36.6 80.1 45.6 2018 April 10 25.4 1.5 0 28.5 8 36.5 67.4 33.8 2018 May 0 11.7 1.4 0 23.4 7.7 31.1 66.6 23.9 2018 June 0 11.8 2 0 24.1 9.2 33.3 56.8 18.8 2018 July 0.5 14 2 4.8 36 10.9 46.9 75 54 2018 August 2.1 3.2 1 0 36.7 12.8 47.7 44.8 21 2018 Septembe 0.6 2.3 1.7 0 37.5 16.1 53.6 56.3 25 r 2018 October 0.4 5.7 2 0 43.7 5.3 47.6 55.3 32.1 2018 Novembe 3.6 5.9 2.3 0 67.4 0 64.3 70.3 46 r 2018 Decembe 5.1 5.6 1.9 0 95.8 0 92 98 66 r 2018 January 5.4 5 1.8 0 51.4 0 48.6 110.4 70.1 2019 February 5.2 3.4 1.8 0.8 95 3.5 90 84.4 46.4 2019 March 7.4 7.9 2 2.1 50.6 9.6 48 87 38.2 2019 April 14.2 21.2 2.3 1.9 53.6 9.5 50.9 58.1 29 2019 Page 26 of 64 May 13.5 20.3 2.5 2.6 78.2 14 74 57.8 24.1 2019 June 10.8 15.2 0.8 2.4 104.1 19.2 98.4 40.2 14.4 2019 July 10 14.8 0.9 2.7 84.5 11.3 83.6 35 14.9 2019 August 6.2 10.7 1.1 12.5 69.1 6.7 76.7 30.2 12.6 2019 Septembe 2.7 8.9 1.3 17 64.2 7 72.5 31.8 12.4 r 2019 October 1.8 6.2 1.4 24.5 85.4 9.2 96.5 34.3 18.2 2019 Novembe 0.8 9.9 1.6 4.1 77.2 2 73.6 62.1 35.6 r 2019 Decembe 1.9 6.5 2 11.1 70.8 0.3 68.1 80.4 43.1 r 2019 Minimu 0 1.2 0.8 0 9.2 0 31.1 30.2 12.4 m Min Febraur Novemb June March January Novemb May August Septemb Date y 2018 er 2017 2019 2018 2018 er 2018 2018 2019 er 2019 Maximu 95 140.7 2.5 24.5 104.1 31.9 98.4 114.3 73.9 m Max March March May Octobe June Decemb June January January Date 2018 2018 2019 r 2019 2019 er 2017 2019 2018 2018 Avg 9.8 17 1.6 3.6 52.1 10.9 58.8 68.3 37.5 Num 26 26 26 26 26 26 26 26 26 Data [%] 96.3 96.3 96.3 96.3 96.3 96.3 96.3 96.3 96.3 STD 20 28.8 0.4 5.9 28.3 9 20.9 23.8 18.6 Station: CAAQMS _ VYTTILA Periodically: May 2017 - December 2019 Type: AVG Monthly [1 Hr.] Date & PM10 PM2.5 SO2 NH3 NO NO2 Nox CO O3 Time µg/m3 µg/m3 µg/m3 µg/m µg/m3 µg/m3 µg/m3 mg/m3 µg/m 3 3 May 80 32 26.56 27.39 62.77 4.83 67.6 1.82 2 2017 June 50 18 51.29 20.3 49.62 9.88 59.32 1.34 6 2017 July 53 20 8.16 0.31 27.39 8.87 35.62 0.77 13 2017 Page 27 of 64 August 48 16 56.78 0.63 32.64 7.29 39.34 1.02 10 2017 Septembe 51 19 19.08 0.27 40.36 13.89 54.23 1.68 4 r 2017 October 74 29 29.19 0.28 58.32 12.15 70.43 1.07 5 2017 Novembe 108 51 4.12 0.34 61.5 15.03 76.52 1.22 5 r 2017 Decembe 126 61 4.77 0.39 69.82 19.44 89.25 1.21 4 r 2017 January 147 80 214.71 0.41 59.04 31.6 90.64 0.77 6 2018 February No Data No Data No No No Data No Data No Data No Data No 2018 Data Data Data March 115 59 15.79 0 16.7 0.24 16.94 0.95 2 2018 April 107 38 16.98 0 27.27 0.23 27.49 4.24 1 2018 May 85 32 16.08 0 36.04 0.29 36.33 6.27 1 2018 June 96 93 18.67 3.93 76.53 10.43 86.96 4.77 1 2018 July 63 17 10.79 3.03 43.62 6.84 50.47 2.36 0 2018 August 64 15 0.95 0 19.33 0.07 20.08 0.73 1 2018 Septembe No Data No Data No No No Data No Data No Data No Data No r 2018 Data Data Data October 95 60 4.36 6.27 32.2 30.84 62.73 0.1 1 2018 Novembe 117 84 8.57 4.11 38.43 40.36 78.69 69.41 1 r 2018 Decembe 158 99 10.81 2.55 35.77 25.37 60.76 0 1 r 2018 January 137 95 12.78 6.5 29.1 39.71 68.76 0 1 2019 February 125 77 13.01 6.02 37.5 26.65 64.09 0 1 2019 March 114 66 17.37 7.7 65.51 8.94 74.45 0 1 2019 April 96 56 19.02 8.19 77.67 7.38 85.04 0 1 2019 Page 28 of 64 May 104 63 16.46 6.22 80.68 5.88 86.56 0.01 4 2019 June 69 35 13.66 15.21 82.13 4.96 87.08 0.73 2 2019 July 66 15 2.96 21.68 88.37 3.94 92.31 0.94 2 2019 August 60 22 2.92 26.68 115.04 3.84 118.87 0.97 2 2019 Septembe 66 24 3.52 19.55 108.15 4.2 112.34 1.12 2 r 2019 October 66 24 1.06 16.14 137.83 6.32 144.14 1.18 2 2019 Novembe 108 47 1.13 13.22 146.87 9.33 156.19 1.43 4 r 2019 Decembe 115 65 1.35 13.73 136.16 19.1 155.24 1.52 8 r 2019 Minimu 48 15 0.95 0 16.7 0.07 16.94 0 0 m Min August August Augus Marc March August March Decembe July Date 2017 2018 t 2018 h 2018 2018 2018 r 2018 2018 2018 Maximu 158 99 214.71 27.39 146.87 40.36 156.19 69.41 13 m Max Decembe Decembe Januar May Novembe Novembe Novembe Novembe July Date r 2018 r 2018 y 2018 2017 r 2019 r 2018 r 2019 r 2018 2017 Avg 92 47 20.76 7.7 63.08 12.6 75.62 3.59 3 Num 30 30 30 30 30 30 30 30 30 Data [%] 93.8 93.8 93.8 93.8 93.8 93.8 93.8 93.8 93.8 STD 30.2 26.4 38.3 8.4 35.6 11.3 35.2 12.3 3 Annexure R4 (d):
AQI values for the year 2017, 2018, 2019 at Vytila and M.G. Road Stations Station: Vytila AQI Values Year Month 2017 2018 2019 January 167 217 February 157 March 110 120 April 128 105 May 91 153 110 June 74 210 107 Page 29 of 64 July 53 105 112 August 71 64 139 September 84 132 October 88 100 134 November 105 180 176 December 117 230 175 Station: M.G. Road AQI Values Year Month 2017 2018 2019 January 146 134 February 111 110 March 120 100 April 75 104 May 70 106 June 100 118 July 100 104 August 60 96 September 85 91 October 100 117 November 95 104 92 December 99 120 100 Showing the air quality in Cochin city.‖
34. After considering the facts of the cases and the report mentioned supra, this Tribunal had passed the following order:-
―9. In Original Application No.259 of 2017, the State Pollution Control Board had filed an interim report stating that the committee has been constituted and wanted some more time for filing the report for conducting studies relating to the sources of air pollution and also regarding the contribution of each source for the pollution and they wanted further time.
10. In Original Application No. 260 of 2017 is concerned, no report has been filed.
11. When these matters were taken up today for consideration through Video Conference, Sri. E.K. Kumaresan represented the State authorities. Smt. Rema Smrithi represented the Kerala State Pollution Control Board and Sri. K.R. Harin represented Cochin Municipality, Ms. Surabhi Khattar who is appearing for M/s. Volkswagen Group in Original Application No. Page 30 of 64 259 of 2017, Sri. D.S. Ekambaram represented through M/s.
Jayalakshmi for Central Pollution Control Board in Original Application No. 259 of 2017. There was no representation for the applicants in Original Application No. 259 of 2017 and Original Application No. 260 of 2017.
12. We feel it appropriate to direct the Central Pollution Control Board to evolve a procedure for measuring the carbon particles namely, Carbon Monoxide (Co) and Carbon Di-oxide (Co2) and black carbon in the air which also will plays a greater role in affecting the air quality.
13. Considering the fact that the consolidated report has been called for in Original Application No. 259 of 2017 and Original Application No. 260 of 2017, this Tribunal feels that without getting that report, it is not possible for us to dispose of the case effectively.
14. So, the committee constituted is directed to complete the study and submit the consolidated report considering all the allegations and directions given in all these cases and submit an action plan for remedying the situation including phasing out of the old diesel vehicles in the State and also the remedial measures for converting the same with green and clean fuel technology.
15. In Original application No. 260 of 2017, this Tribunal had directed the Government of Kerala to submit the status report of the number of old vehicles that are plying in the State and the action taken by the Motor Vehicles Department to phase out those old vehicles as per the provisions of the Motor Vehicles Act, 1988 and to convert the same to green and clean fuel technology, so as to improve the air quality in the state. Till date, no report has been filed by the State of Kerala.
16. So, considering the facts we are granting three months time to the committee as well as the State of Kerala to come with a proper action plan for resolving the issue permanently and improve the status of pollution and make State of Kerala air pollution free.
17. The committee as well as the State Government are directed to file the report as well as the status report to this Tribunal on or before 07.10.2020 through e-mail or e-filing @ [email protected].
18. The Registry is directed to communicate this order to the committee members and the State Government Departments immediately through e-mail so as to enable them to comply with the direction of this Tribunal.‖ Page 31 of 64
35. Again, all these matters were taken up on 20.01.2021. This Tribunal had considered the Joint Committee report, extracted in Para 4 of the order which reads as follows:-
―Report of the committee constituted in the matter of OA No. 259 of 2017, Lawyers' Environmental Awareness Forum (LEAF) Vs the State of Kerala & others submitted before the Hon'ble National Green Tribunal, South Zone, Chennai, as per order dated 06/01/2020 The Committee constituted as per the order dated 06/01/2020 in the matter of O.A No. 259 of 2017, Lawyers' Environmental Awareness Forum (LEAF) Versus the State of Kerala & Others before The Hon'ble National Green Tribunal, South Zone, Chennai, as per order dated 19/03/2020 hereby submit the following:
1. The petitioner in the O. A. No. 259/2017 (SZ) is an organisation constituted with members of Lawyer community known as Lawyers Environmental Awareness Forum (LEAF). The issue raised by the petitioner, in this case, is regarding the anticipated air pollution that would likely to be caused in the State of Kerala due to vehicular emission and other air emissions.
It is further mentioned that if the same situation continues, then it will be worse than Delhi in respect of air pollution. Based on the grievances made by the petitioner, the Hon'ble NGT vide order dated January 6, 2020, directed to Constitute a Committee consisting Central Pollution Control Board (CPCB), MoEFCC, Regional Office, Chennai Motor Vehicle Department of Kerala, Kerala State Pollution Control Board (KSPCB). IIT - Chennai and NEERI, Chennai for the consideration of the following Terms of References:
a. The question of ambient air quality in the State of Kerala, especially in the cities viz., Thiruvananthapuram, Kollam, Kochi, Alappuzha, Kozhikode, Thrissur, Calicut, Kasarkode and Kannur and sources of pollution and also long term and short term steps to be evolved for the purpose of reducing pollution index and improve ambient air quality in the State of Kerala.
b. Frame necessary timeline for implementing the directions given in VARDHMAN KAUSHIK case in respect of banning of old vehicles and switch over to alternate clean fuel vehicles, including CNG and electric vehicles and c. Submit a report to this Tribunal within a period of three months. The Kerala State Pollution Control Board was engaged as the nodal agency for this purpose.
2. It is respectfully submitted that, in compliance with the above directives, a committee was constituted consisting of the following officials
1. Dr. M.T Karuppiah Scientist ‗D', MoEF& CC, Regional Office, Chennai
2. Dr. S Prabhu Scientist ‗C' Regional Office (South Zone) MoEF & CC Regional Office, Bengaluru
3. Smt. Poornima B M Scientist ‗D' Page 32 of 64 Regional Directorate -South (Bengaluru) Central Pollution Control Board
4. Dr. Deepesh. V Scientist ‗C' Regional Directorate -South (Bengaluru) Central Pollution Control Board
5. Dr. R. Sivacoumar, Sr. Principal Scientist CSIR- NEERI Zonal Centre CSIR Complex, TTTI, Chennai.
6. Sri. Bijumon K Regional Transport Officer Enforcement Division, Thiruvananthapuram
7. Smt. Bindhu Radhakrishnan Senior Environmental Engineer Kerala State Pollution Control Board Thiruvananthapuram
3. It is submitted that a member from IIT -- Chennai was to be nominated, as per the NGT order but it was informed that their experts are currently engaged in the other committees formed by NGT in some other cases and they are unable to nominate the experts and requested to be excused till the experts complete the work in connection with other committees constituted.
The communication in this regard is enclosed as Annexure R2(A).
4. It is respectfully submitted that the first meeting of the Committee was held at the Head Office of the KSPCB, Thiruvananthapuram on February 27, 2020. The minutes of the meeting is provided herewith and marked as Annexure R2(B). The second meeting of the committee was proposed to be conducted in the 3% week of March 2020. But soon after, lockdown due to Covid-19 was declared and hence the meeting could not be conducted and the report could not be prepared. As the case was posted on 04/06/2020, a time extension was sought for filing the report and was granted by the Hon'ble NGT.
5. It is submitted the O.A No. 76 of 2017(SZ), O.A No.260 of 2017 were heard along with O.A no. 259 of 2017. The Hon'ble NGT has observed that since the consolidated report has been called for in O.A no. 259 of 2017 and 260 of 2017, it is not possible to dispose of case effectively. The court has directed the Committee to conduct the study and submit the consolidated report considering all the allegations and directions given in all these cases and submit an action plan for remedying the situation including phasing out of the old diesel vehicles in the State and also the remedial measures for converting the same with green and clean fuel technology. The committee, as well as the State Government, are directed to file the report as well as the status report to the Tribunal on or before 07.10.2020.
6. It is submitted that in the present situation Covid-19 pandemic, the second meeting of the committee could be held only on 08.09.2020 through Google meet. In the joint committee meetings, CPCB representative have insisted for source apportionment study and emission inventory studies as per Page 33 of 64 the conceptual guidelines prepared by CPCB. All other members were of the opinion to submit a report based on the present ambient air quality data and not to commit on source apportionment as modelling studies are not being preffered as it has many constraints to defend. All these comments are recorded in the minutes of 2nd joint committee meeting and the minutes of the meeting is produced herewith and marked as Annexure R2(C).
7. It is submitted that the committee decided to file a report before the Hon'ble NGT based on the data available with the KSPCB from the existing manual ambient monitoring stations under National Air Monitoring Programme, State Air Monitoring Programme and Continuous Ambient Air Quality Monitoring Stations collected immediately before, after, and during the lockdown. Accordingly, the report was prepared on the present air quality status and then circulated among all the committee members. Copy of the report is produced herewith and marked as Annexure R2(D)
8. It is respectfully submitted that Board had established 35 manual air quality monitoring stations and 9 CAAQMS across the State. The parameters SPM, RSPM, SO2, NOx are being monitored in all manual monitoring stations and monitoring of PM2.5 is started in certain stations. In CAAQMS SO2, NH3, CO, O3, PM10, PM2.5, etc are being monitored. In this study air quality data from 23 manual stations and 8 CAAQMS in the 8 cities (Thiruvananthapuram, Kollam, Alappuzha, Kochi, Thrissur, Kozhikkode, Kannur, and Kasaragod) in Kerala during the pre lockdown (1st March 2020 to 23 March 2020 ), lockdown (234 March 2020 to 31st May 2020) and post lockdown (1st June 2020 to 30 June 2020) periods were analysed. It may kindly be noted that the districts named Calicut and Kozhikkode are one and the same.
9. It is respectfully submitted that the State Pollution Control Board issue consents to industrial units only after implementing adequate pollution control measures & compliance with the prevailing Rules. Periodical inspections are being conducted by the Board in industries and the pollution control measures adopted by them are being verified. The Board ensures connectivity of the Online Continuous Emission Monitoring System (OCEMS) of industries with the Board's portal. Adequate actions are also being taken to rectify the same, Non-compliance, if any, noticed by Board.
10. The district wise ambient air quality status as per the study is depicted as below:
a. In Thiruvananthapuram, the data from two CAAQMS and four manual ambient air quality monitoring stations were analysed. the concentration of SO2 and NOx are found to be below the prescribed standard limit as of 80 ug/m3. The 24 hours concentration of RSPM and SPM are found to be within the prescribed standard limit of 100ug/m 3 and 60ug/m3 respectively in the district.
b. In Kollam, data from one CAAQMS and two manual ambient air quality monitoring stations were analysed. It is observed that all the measured Page 34 of 64 parameters in the manual and continuous monitoring stations are well within the prescribed limits c. In Alappuzha, data from two manual ambient air quality monitoring stations were analysed and observed that all the parameters are well within the prescribed limits.
d. In Kochi, data from seven manual ambient air quality monitoring stations and three CAAQMS and have been analysed and parameters are well within the prescribed limit for manual ambient air quality monitoring stations. In the case of the Vytilla CAAQM Station some exceedance in NOx, PM, and CO is noticed. Even then the monthly average value of NOx and PM is within the prescribed limit and only CO exceeded the limit.
e. In Thrissur, data from two manual ambient air quality monitoring stations have been analysed and observed that all the measured parameters in the manual monitoring stations are well within the prescribed limits.
f. In Kozhikode (Calicut), data from one CAAQMS and two manual ambient air quality monitoring stations have been analysed and all the measured parameters in the manual and continuous monitoring stations are well within the prescribed limits.
g. In Kannur, data from one CAAQMS and one manual ambient air quality monitoring stations were analysed and observed that all the measured parameters in the manual and monitoring stations were well within the prescribed limit.
h. In Kasaragod, data from two manual ambient air quality monitoring stations were analysed and observed that all the parameters are well within the prescribed limits.
11. It is respectfully submitted that the overall result of the analysis reveals that in all the eight cities the concentration of RSPM, SPM, SOz2, and NOx were found to be within the prescribed standard limit in all the 22 manual monitoring stations. In the case of seven numbers of CAAQM stations, all parameters are within the prescribed standards and in the case of CAAQMS at Vytilla the parameters namely NOx, CO, and PM showed exceedance for a few days
12. It is respectfully submitted that the data analysis it is noted that, as a result of stringent restrictions on travelling, industry functioning, and shutting down of non-essential activities air quality improvement is noted during lockdown period all over the State. The air quality parameters have not risen beyond the standard rates and an increase is seen for particulate matter but that too falls within limits and hence the situation is not alarming and Hon'ble NGT may kindly be noted that none of the cities in Kerala are included in non-attainment cities.
13. It is humbly submitted that the guidelines to implement the phasing out of the old vehicles and replacing the same with alternate greener and clean fuel efficiency vehicles are policy decisions of the State Govt the State Page 35 of 64 Govt is also respondent, in this case, these policy decisions have to come up from the State Govt itself.
14. It is respectfully submitted that, in view of the result as shown in the report, the air quality of the mentioned district in Kerala is well within the prescribed limits. However, this may be shifted/varied due to Vehicular Emissions, Burning of biomass, crop residues, and Solid waste, Dust emission from roods, Construction and Demolition Waste, Industrial Emission, etc. But the air quality can be maintained well by adopting the following short term and long term measures.
Short term steps suggested for improving Air Quality Sl. Action Implementing Agency NO.
1 Launching extensive awareness drive Motor Vehicle Department against polluting vehicles 2 Ensuring strict action against visibly Motor Vehicle Department polluting vehicles 3 Steps to prevent parking of vehicles in Motor Vehicle Department / non designated areas. State Police Traffic 4 Introducing Wet / Mechanized vacuum Local Self Government sweeping of roads. Department 5 Controlling dust pollution at Local Self Government construction sites by providing an Department appropriate covering system 6 Ensuring carriage of construction Police Department material in closed/ covered vessels.
Long term steps suggested for improving Air Quality Sl. Action Implementing Agency No. 1 Retrofitting of diesel vehicles with Motor Vehicle Department particulate filters 2 Installation of the vapour recovery system Petroleum and Explosives in fuelling stations Safety Organization (PESO)/ Pollution Control Board 3 Promoting battery operated vehicles Motor Vehicle Department 4 Banning of old diesel vehicles in a phased Motor Vehicle Department manner 5 Undertaking Green of open areas Local Self-Government Department/Public Works Department 6 Creation of green buffers along the traffic Local Self-Government corridors. Department/Public Works Department 7 Development of a proper system for Local Self Government ensuring garbage/ municipal solid waste/ Department bio mass/ leaves connection and disposal and to avoid open burning.
8 Promoting the use of LPG only and to Local Self Government avoid the use of kerosene/ firewood in Department restaurants/ dhabas/ roadside eateries.
9 Introduce water foundations at major State Highway Authority of
traffic intersection, wherever feasible Kerala (SHAK)/ National
Highway Authority of India/
Public Works Department
(PWD)
10 Take steps for blacktopping / pavement of Public Works Department
road shoulders to avoid road dust (PWD)
11 Prepare an action plan for public transport Motor Vehicle Department
Page 36 of 64
on CNG mode
12 Ensure the proper collection of solid waste Local Self Government
(biomass) Department (LSGD)
13 Ensure strict enforcement of the ban on Agricultural Department
burning of agricultural waste and crop
residues
14 Ensure strict action against industrial Pollution Control Board.
units not complying with standards.
15 Ensure DG sets meeting the standards Department of Electrical
only be allowed to operate. Inspectorate/ Pollution Control
Board (KSPCB)
16 Undertake road widening and Public works Department
improvement of infrastructure for (PWD)
decongestion of road
15. It is respectfully submitted that the concentration of all the pollutant parameters measured in 29 stations out of 30 stations in eight cities during the period 1st March 2020 to 30% June 2020 is well within the limit with low-level concentration of pollutants. Only in one CAAQMS at Vyttila exceedance of the pollutant CO was observed for a short period. In view of in Air Quality status prevailing in these districts, the State Government shall co- ordinate all the concerned departments to-implement the above suggested short term and long term measures in order to maintain the good air quality of the State. The Hon'ble NGT may be pleased to issue a favourable order accordingly.‖
36. On that day, this Tribunal had also considered the status report submitted on behalf of the 1st respondent, extracted in Para 5 of the order which reads as follows:-
―Status Report submitted on behalf of 1st respondent/State Government The 1st respondent submits its report as follows:
1. It is submitted that the Hon'ble Tribunal in its order dated 19.03.2020 and 12.06.2020 in the above said O.A. No.260/2017, directed to 1st respondent to file a status report of number old vehicles that are plying the state and the action taken by the Motor Vehicle Department to face out those old vehicles as per the provisions of Motor Vehicle Act, 1988 and to convert the same to green and clean fuel technology so as to improve the air quality in the State.
2. It is submitted that in order to ensure the environmental sustainability and to reduce pollution, the 1st respondent herein envisaged the Electric Vehicle Policy as part of this Government are encouraging the use of electric vehicles and planning to switch over Page 37 of 64 from diesel to CNG/LNG/ Electricity as fuel for public transport buses including KSRTC.
3. It is submitted that as per the G.O. (RT) No.346/2020/Trans, dated 22.10.2020 permission has been granted for purchase of 310 CNG buses to KSRTC with a loan of 259 Crore from KIIFB and 50 Electric buses on Wet Lease basis under frame II scheme of the Central Government.
4. It is submitted that in addition 50 Diesel buses is to be converted into LNG buses tested and approved by various authorities including the Petroleum and Explosive Safety Organization, on the condition that after they star running the remaining buses can be converted to LNG. It is submitted that vide G.O. (RT) No.339/2020/Trans, dated 20.10.2020 administrative sanction has been given for a project to convert 400 Diesel Buses into LNG Buses with KIIFB Loan and also issued the administrative sanction for Project and Establishment for Hydrogen Generator and Dispensing Unit to study the performance, operation issues and safety to cater to the e-mobility section at an estimated amount of Rs.9.66 Crores‖ It is therefore prayed that this Hon'ble Tribunal consider the detailed report and pass such further or other suitable orders and thus render justice.
Dated at Chennai on this the 19th day of January, 2021.‖
37. Further, this Tribunal had also considered the notification submitted by the 1st respondent regarding the amendment made in the Kerala Motor Vehicle Rules, 1989 by incorporating Rule 292 A and commented that as per this Rules, they have only prohibited operation of auto-rickshaws of more than 15 years using diesel as fuel from 01.01.2021 and then, passed the following order:-
―8. It is not known as to how many vehicles are there under the custody of the KSRTC which are more than 15 years old and using BS IV model fuel as even as per the directions of the NGT in Vardhman Kaushik case as approved by the Hon'ble Apex Court, there is nothing mentioned about phasing out the old public carrying vehicles including the buses owned by the Government as well as the private operators which are more than 15 years old which is permitted as per the Motor Vehicles Rules.Page 38 of 64
9. Further as per the direction in Vardhman Kaushik case, after 01.04.2020 no diesel vehicles can use BS IV fuel, but they will have to convert into BS VI. It is not known as to whether any such steps have been taken to implement that in the State of Kerala and if so, what is the number of vehicles which have been phased out to the new form of fuel.
10. Further, the Joint Committee report shows that except Vyttila in Ernakulam District, in all other areas the Ambient Air Quality is within the permissible level ‗Category Good'. It may be mentioned here that the Ambient Air Quality analysis was done at the time when the Covid restrictions were there.
11. Further, the report suggested certain short term and long term measures to be taken by each department, but it is not given any timeline for carrying out such long term and short term measures provided. Further, it is for the individual department also to come with their proper action plan as to how they are going to implement these recommendations in an effective manner to control pollution in the State of Kerala.
12. Further, there was a direction given by this Tribunal to conduct Source Apportionment study and Emission Inventory study as per CPCB guidelines, but no such study was seen conducted by the committee.
13. So under such circumstances, we direct the committee to consider the observation made and conduct further Ambient Air Quality test when the activities in the State are in peak operation and then submit a further detailed report to this Tribunal regarding the result of the study that has been conducted and the remedial measures, if any, to be given for that purpose.
14. Further, the independent departments who have directed to carry out certain recommendations are also directed to file their independent status report regarding the action plan with shorter timeline as to how they are going to implement the recommendations made by the committee to check the air pollution in the State of Kerala.
15. It is true that in the study conducted by the Central Pollution Control Board, the State of Kerala is not shown as critically polluted State but that doesn't mean that the city can be allowed to be critically polluted and thereafter, take measures to prevent the same. The general rule is ―To treat the cause, not the disease‖ so as to make the environment clean, for which due scientific approach must be adopted by the state instrumentalist so as to curb the source of pollution and make the environment free from pollution by providing clean air for the people in the State Page 39 of 64 which is part of their obligation to protect the Right to Life as enshrined under Article 21 of the Constitution of India.
16. The committee as well as the independent State respondents are directed to submit their reports as well as the status report and action plan to this Tribunal on or before 09.03.2021 by e-
filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with the necessary hardcopies to be produced as per Rules.
17. The Registry is directed to communicate this order to the members of the committee, officers mentioned in the Joint Committee report and also to the Chief Secretary, State of Kerala, Principal Secretaries of Motor Vehicle Department and Environment, Local Administration, Public Works Department by e-mail immediately so as to enable them to comply with the direction.‖
38. The case was posted to 09.03.2021 for consideration of further report and independent status report to be filed by the state machineries. Thereafter, on 09.03.2021, this Tribunal had considered the Joint Committee report dated Nil, e-filed and received on 09.03.2021, extracted in Para 3 of the order which reads as follows:-
―STATUS REPORT FILED BY THE COMMITTEE CONSTITUTED IN THE MATTER OF O.A. NO. 259/2017 IN ACCORDANCE WITH THE ORDER DATED 20.01.2021 OF HON'BLE NGT IN Original Application No. 76 of 2017 (SZ) Original Application No. 259 of 2017 (SZ) & M.A. No. 209 to 214 of 2017 (SZ)With Original Application No. 260 of 2017 (SZ) The committee constituted as per the order dated 06.01.2020 in the matter of O.A. No. 259 of 2017, Lawyer‟s Environmental Awareness Forum (LEAF) versus the State of Kerala & Others, hereby submit the following as per order dated 20.01.2021:
It is respectfully submitted that the Committee had already conducted an air quality status study and submitted report of the eight cities mentioned in the application. As per the study report the air quality of all other areas except Vyttila in Eranakulam District were found to be within the permissible level. But that study was conducted soon after the covid-19 pandemic induced lock down and based on the data available with the Kerala State Pollution Control Board from the existing manual ambient monitoring stations under national Air Monitoring Programme, State Air Monitoring Programme and Continuous Ambient Air Quality Page 40 of 64 Monitoring Stations collected immediately before, after and during the lockdown. Hence Hon‟ble NGT vide order dated 20.01.2021 in the aforementioned applications 259 of 2017 directed the Committee to consider the observation made and conduct further Ambient Air Quality test when the activities in the State are in peak operation and then submit a further detailed report along with suggestions on remedial measures, if any.
Further, it was also directed that the independent departments who were directed to carry out certain recommendations to file their independent status report regarding the action plan with the shorter timeline as t how they are going to implement the recommendations made by the committee to check the air pollution in the State of Kerala.
The action plan comprising of the short term and long term steps already prepared and submitted by the committee before the Hon‟ble NGTis reproduced below:
Short term steps suggested for improving Air Quality S.No. Action Implementing Agency
1. Launching extensive awareness dire Motor Vehicle Department against polluting vehicles
2. Ensuring strict action against visibly Motor Vehicle Department polluting vehicles
3. Steps to prevent parking of vehicles in Motor Vehicle non designated areas Department /State police-Traffic
4. Introducing wet/Mechanized vacuum Local self-
sweeping of roads Government
Department
5. Controlling dust pollution at Local Self-
construction sites by providing an GovernmentDepartment
appropriate covering system
6. Ensuring carriage of construction Police Department
material in closed/covered vessels
Long term steps suggested for improving Air Quality S.No. Action Implementing Agency
1. Retrofitting of diesel vehicles with Motor Vehicle Department particulate filters
2. Installation of the vapour recoverysystem in Petroleum and Explosives fuelling stations Safety organisatio n (PESO) /Pollution Control Board
3. Promoting battery operated vehicles Motor Vehicle Department
4. Banning of old diesel vehicles in a Motor Vehicle Department phased manner
5. Undertaking greening of open areas Local Self-
Government Department/ Public works Department Page 41 of 64
6. Creation of green buffers open areas Local Self-
GovernmentDepartment/ Public works Department
7. Development of a proper system for ensuring Local Self-
garbage/municipal solid waste/biomass/leaves GovernmentDepartment connection and disposal and to avoid open burning
8. Promoting the use of LPG only and toavoid the Local Self-
use of kerosene/firewood in GovernmentDepartment restaurants/dhabas/roadside eateries
9. Introduce water fountains at majortraffic State Highway Authority intersection, wherever feasible of Kerala (SHAK)/National Highways Authority of India/Public Wor ks Department (PWD)
10. Take steps for black topping/pavement Public Works Department of road shoulders to avoid road dust (PWD)
11. Prepare an action plan for public Motor Vehicle Department transport on CNG mode.
12. Ensure the proper collection of solid Local Self-
waste (biomass) Government
Department (LSGD)
13. Ensure strict enforcement of the ban Agriculture Department
on burning of agricultural waste andcrop
residues
14. Ensure strict action against industrial Pollution Control Board
units not complying with standards
15. Ensure DG sets meeting the standardsonly be Department of Electrical allowed to operate Inspectorate/ Pollutio nControl Board (KSPCB)
16. Undertake road widening and Public works Department improvement of infrastructure for (PWD) decongestion of road It is respectfully submitted that the Chief Secretary, Government of Kerala vide letter No. 46/EM Cell/SCO/2021(1) dated 02/02/2021 directed all concerned department mentioned in the action plan to submit their individual status report to Hon' ble NGT on or before 09.03.2021 mentioning how they are going to implement the recommendations in an effective manner. Copy of the letter isproduced herewith and marked as Annexure R(2)A. In the action plan already submitted by the committee the following are the steps tobe taken by the Pollution Control Board 2 Installation of the Petroleum and ExplosivesSafety vapour recovery system organization (PESO)/ Pollution infuelling stations Control Board Page 42 of 64 14 Ensure strict action Pollution Control Board against industrial units not complying with standards.
15 Ensure DG sets meeting Department of Electrical
the standards only be Inspectorate/ Pollution
allowed to operate Control Board (KSPCB)
Petrol refuelling stations are a major source of benzene emissions, volatile organic compounds and particulate matter 2.5 concentration. Therefore installation of vapour recovery system is an important step in improving air quality. This is to be implemented in coordination with Petroleum and Explosive Safety Organisation (PESO) shortly.
Periodical inspections are being conducted by the Board in industries and the pollution control measures adopted by them are being verified. The Board ensures connectivity of the Online Continuous Emission Monitoring System (OCEMS) of industries with the Board‟s portal. Adequate actions are also being taken t rectify the same if any, Non-compliance is noticed by the Board.
In connection with the National Clean Air programme (NCAP), with an intention to reduce the PM2.5 and PM10 concentration from DG sets, retro fitting of emission control devices of generators already in use was suggested or shift to gas based DG sets. Circular regarding the above was already issued by Kerala State Pollution Control Board on 09.12.2020. Copy of the same is produced herewithand marked as Annexure. R(2) B It is submitted that the objectives of the previous report, the air quality which was routinely monitored by the Kerala State Pollution Control Board as the part of the Ambient Air Quality Monitoring program was analyzed with reference to the COVID-19 pandemic induced lockdowns.
Vide the order dated 20.01.2021 in O.A No. 259/2017, the Hon'ble NGT had directed the committee to conduct further Ambient Air Quality test when the activities in the State are in peak operation. It may kindly be noted that in the previous report the air quality status of eight districts with peak operation prior to Covid 19 was also incorporated in which all the parameters were within prescribed limit for all stations except Vyttila in Ernakulam District. As the Hon‟ble NGT has direct to conduct study again with peak operation, it is brought to the kind attention that even though the restrictions of lockdown have been lifted, the educational institutions still remain closed except some higher degree level classes. Public conveyance services though started are yet to be fully functional. In the industrial sector, only large scale unit have Page 43 of 64 resumed full scale production, some are working only intermittently and some still remain closed. Activities related to construction sector are also to come up in full fledged functioning. The entire activities of state are expected to be in peak operation by June 2021 when the educational institutions and public conveyance restart completely.
Hence it is respectfully submitted that such ambient air quality study will be conducted thereafter.
Hence, the Hon'ble NGT may be pleased to allow sufficient time to conduct air quality analysis after resuming the peak operational stage.‖
39. On that day, this Tribunal had also considered the report submitted by the 3rd respondent/ Kerala State Road Transport Corporation which was extracted in Para 4 of the order which reads as follows:-
―Report filed by the KSRTC/3rd Respondent The report submitted by the KSRTC sincerely states as follows:-
1. It is submitted that KSRTC has floated tender for the procurement of 310 CNG buses to replace its upper class busses like Deluxe, Express, Super Fast & Fast Passenger which attain the age of 7 years and hence needed to be converted as ordinary class as per KMVR. The new CNG buses will be put on road in a year time.
2. Government of Kerala accorded sanction for KSRTC to convert 400 Nos of HSD buses to LNG. After converting 50 Nos in the inital phase for evaluating its merits and conversion of 400 HSI buses to LNG in tendering. Three firms participated in tender and 1st stage of pre-qualification evaluation by each successful bidder under proof of concept and those will be got approved at ARAI/CAT etc. thereafter massive conversion of buses will be started. The project is expected to be completed in a year time.
3. Conversion of 1-ISD buses to CNG-KSRTC has floated tenders for the conversion of 5 Nos of I-JSD buses to CNG with a view to survive with CNG conversion if there is any uncertainty in the conversion of buses to LNG since it being a novel venture in the country itself and hence a lot of hurdles to overcome.
4. Promoting battery operated vehicle Government of India had sanctioned 250 e-buses to KSRTC under FAME-II scheme to operate on wet lease. But the per kilometre hiring rate obtained in tender was Rs. 75.90 where the revenue/KM is Rs.40/- Revenue, expenditure gap was round 70 crores every year. As such it is planned to go for procurement of 50 e-buses, for Thiruvanthapuram Page 44 of 64 zone instead of hiring to obtaining soft loans from KIIFB. The process is fast progressing. It is expected that the project can be completed in a year time. These are the steps taken by KSRTC to contribute to the steps taken by the State to reduce air pollution.
Therefore, it is most humbly prayed that this Hon'ble Tribunal may be pleased to take the said Report filed by the Mechanical Engineer incharge of Executive Director (M&W) on record and thus render justice.
Date at Chennai on this on the 8th day of March 2021.‖
40. After considering the reports mentioned supra, this Tribunal had directed the Committee to ascertain the probable peak period and conduct the ambient air quality test and suggest remedial measures after identifying the source and apportioning the liability of the person who will have to carry out the remedial measures in an effective manner to curb the air pollution in Kochi. Further, they were also directed to conduct Emission Inventory study in these areas so as to ascertain the nature of pollution for a long time and ascertain the source of pollution and then suggest remedial measures to curb the same and thereafter, posted to case to 14.07.2021 for that purpose.
41. When the matter came up for hearing today through Video Conference, there is no representation for the applicant in O.A. No.259/2017 and O.A. No.260/2017. Mr. M. Arun represented Mr. E.K. Kumaresan for respondents 1, 2, 3 & 6 in O.A. No.76/2017, respondents 1, 3 & 4 in O.A. No.259/2017 and O.A. No.260/2017, Mrs. V.K. Rema Smrithi represented 4th respondent in O.A. No.76/2017, 2nd respondent in O.A. No.259/2017 and O.A. No.260/2017 and Mr. D.S. Ekambaram through Mrs. P. Jayalakshmi represented Central Pollution Control Board (CPCB).
42. We have received a report submitted by the 3rd respondent Principal Secretary for Transport dated 17.06.2021 e-filed on 17.06.2021 and received Page 45 of 64 on 18.06.2021 along with the letter to the standing counsel which reads as follows:-
―Report on behalf of the Respondent (Principal Secretary:
Transport Department) in OA No.76 / 2017 and related cases before the Hon'ble National Green Tribunal, South Zone, Chennai.
As per the suggestions filed by the Joint Committee, the Hon'ble National - Green Tribunal has ordered for submitting the report on the compliance of the programs on short term and long term basis. A report on steps taken by the Motor Vehicles Department as per the orders of the Hon'ble National Green Tribunal, South Zone, Chennai is furnished below:
The short term steps suggested for improving Air quality and the steps taken are summarized as follows:
1. Launching extensive awareness drive against polluting vehicles.
The Regional Transport Officers have given instructions to launch a one month drive from April 15 to May 15 on creating awareness on the subject through various programs in association with stake holders and also the Second week of every month for awareness building.
The Motor Vehicles Department is conducting pre-learners road safety awareness classes for the Driving License aspirants, in all Regional Transport Offices / Joint Regional Transport Offices in the State of Kerala. One of the major areas covered in such classes include Air Quality Control, its importance and measures to be adopted for controlling air pollution due to vehicle emission etc. Questions related to the pollution control due to vehicle emission are included in the questionnaire for learner's tests also. Operation Green Awareness is planned from April 15 - 30th, 2021.
2. Ensuring strict action against visibly polluting vehicles All the officers, especially officers of the enforcement wing of the Motor Vehicles Department have given strict direction to launch special drive for checking all the polluting vehicles. 6488 vehicles were checked so far and e - chellan issued. A total amount of Rs.1,16,88,979 / - (One Crore Sixteen Lakhs Eighty eight Thousand Nine Hundred and seventy nine only) has been collected towards fine against visibly polluting vehicles during the period from 01/04/2020 to 31/03/2021. Computerized pollution testing centers are launched in the state. All pollution testing centers were networked and linked with Parivahan site. The quality of testing centers have been improved. Web based Vahan PUCC module was implemented from 01/11/2020. A total number of 27,44,987 PUCC's were issued using this module. While Page 46 of 64 conducting pollution tests, using the computerized testing module. 46,367 cases are recorded as failed.
3. Steps to prevent packing of vehicles in non - designated areas:
As regards unauthorized parking of vehicles in non designated areas, effective enforcement activities are being carried out to prevent parking of vehicles in non - designated areas. 10,862 cases were detected and an amount of Rs.29,39,600 / - was collected towards fine for the period from 01/04/2020 to 31/03/2021. The vehicle owners were given strict instructions to park the vehicles only in designated areas. The local bodies are requested to provide sufficient space in public places in their jurisdiction, for vehicle parking as per the provisions of the Kerala Panchayat Raj (Landing place, Halting place, Car stands and other vehicle stands) Rules 1995 and Section 472 of the Kerala Municipality Act, 1994.
Long term Steps
1. Retrofitting of diesel vehicles with particulate filters:
The retro fitment kits of particulate filters of approved standards are currently not available in the State. We hope that it can be imposed after ensuring its availability in the State.
2. Promoting Battery Operated Vehicles.
As per the c - vehicle policy, Government as per notification issued as GO (P) No.12 / 2021 / Trans dated, 23/02/2021 and published as SRO No.231 / 2021 in the Kerala Gazette Extra Ordinary No 917 dated , 23/02/2021 have granted a reduction of 50% for a period of 5 years with effect from 01/04/2021 on the rate of tax levied u / s. 3 of the KMVT Act to new electric vehicles and exempt the tax on new electric auto-rickshaws for a period of first 5 years on and from the date of their registration.
As part of electric vehicles policy, Government as per GO (Rt) No.240 / 2020 / Tran dated 15/07/2020 has accorded sanction for hiring electric vehicles from EESL through ANERT. Accordingly 66 electric vehicles were hired by the department for the SAFE KERALA project.
In the view of e - vehicle policy, a subsidy of Rs.30,000 / - has been granted to the owners of the e - auto-rickshaws. A total number of 258 applications were received for c - subsidy. Out of the said 258 applications payment for 82 cases amounts to Rs.24,60,000 / - were effected. The payment for remaining cases will be met with in the current years budget provision. Charging stations are established at 32 centers in major cites with the help of Kerala State Electricity Board. An amount of Rs. 5 Crores has been given to Kerala State Electricity Board for the installation of the charging Stations.
3. Banning of Old Diesel Vehicles Page 47 of 64 In view of the directions of the Hon'ble National Green Tribunal und in order to ensure environmental sustainability and to reduce pollution as envisaged in the Electric Vehicle Policy of the Government of Kerala, the Government have decided to bring Air Pollution under control by implementing alternative fuels like Electrical Energy, Liquefied Petroleum Gas (LPG), Compressed Natural Gas (CNG), Liquefied Natural Gas (LNG) in Auto-rickshaws older than 15 years, from 18 January, 2021. For the purpose the Government have amended the Kerala Motor Vehicles Rules, 1989, by inserting a new rule namely Rule 292 A, as per notification issued under GO (P) No.59 / 2020 / Trans dated, 05/11/2020 and published as S.R.O No.779 / 2020 in the Kerala Gazette Extra Ordinary No.2652 dated, 05/11/2020. As per GO (P) No.41 / 2018 / Tran dated 22/11/2018 Government of Kerala have directed the Regional Transport authorities to fix the limit for auto LPG / LNG / CNG / Electric Auto-rickshaws in each of the cities of Thiruvananthapuram, Kochi and Kozhikode as 3000 numbers in which 2000 permits will be allotted only for electric autos and a separate quota of 1000 permits will be allotted to other fuels like CNG / LNG / LPG apart from the auto-rickshaw permits already fixed.
4. Prepare an action plan for public transport on CNG mode A special team under Joint Transport Commissioner (Enforcement) has been formed for proposing a detailed action plan for public transport on CNG mode. Oil Companies have been directed to set up CNG & LNG stations across the state. Land has been allotted at Anayara. KSRTC in tie up with IOC is trying to introduce CNG / LNG / electric buses. Private vehicles are also being converted to CNG.
Tax rate on CNG / LNG has been reduced to 5% from 14.5%. We are promoting cleaner fuel, i.e. Hydrogen through a pilot program with fuel cell vehicles.‖
43. We have also received the report of the Joint Committee appointed by this Tribunal in O.A. No.259/2017 dated Nil, e-filed on 13.07.2021 received today (i.e., 14.07.2021) which reads as follows:-
―REPORT FILED BY THE COMMITTEE CONSTITUTED IN THE MATTER OF O.A NO.259/2017 IN ACCORDANCE WITH THE ORDER DATED 09.03.2021 OF HON'BLE NGT The committee constituted as per the order dated 06.01.2020 in the matter of O.A No. 259 of 2017, Lawyer's Environmental Awareness Forum (LEAF) Versus the State of Kerala & Page 48 of 64 Others, hereby submit the following, subsequent to the order dated 09.03.2021.
The Hon'ble NGT Southern Zone, Chennai vide order dated 09.03.2021 in the matter of O.A. No. 259/2017 (SZ) directed the committee to ascertain the probable peak period and conduct the ambient air quality study and suggest remedial measure after identifying the source and apportioning the liability of the person who will carry out the remedial measures in an effective manner to curb the air pollution in Cochin. It was also directed to conduct Emission inventory and source apportioning studies in these areas (Thiruvananthapuram, Kollam, Kochi, Alappuzha, Kozhikode, Thrissur, Kasaragod, and Kannur districts ) so as to ascertain the nature of pollution for a long time and ascertain the source of pollution and then suggest remedial measures to curb the same. The committee met via google meet on 16.04.2021 and 03.05.2021. Copy of the minutes of the meeting are produced herewith and marked as Annexure R2 (1) and R2 (2) respectively.
In the committee meeting conducted on 16.04.2021, the committee members discussed about the possibilities of conducting and completing the air quality monitoring studies before 14.07.2021. The convenor pointed out the difficulties in conducting the air quality monitoring studies before July 14th as peak status is not expected to achieve and as it's a time consuming process which requires proper planning, execution, financial aid which may take minimum one year duration. The Committee discussed about the time duration likely to be required for carrying out the study and about the cost of carrying out the source apportionment study per city and the source of funding for the same. The committee observed that the source apportionment study will take a minimum of fifteen months' time as it includes monitoring as well as air quality modelling and the cost of study may vary from one to two crore per city which depends upon the factors like size of the city, rate of development in the city etc. The Committee members then discussed about the points to be considered in finalizing the agencies to conduct the air quality monitoring and modelling. CPCB member informed that CPCB has already framed a conceptual methodology and framework for carrying out emission inventory/ source apportionment studies. The committee members opined that the agency should have sufficient equipment and sufficient expertise in the field for carrying out the work and should do air quality monitoring covering all major seasons round the year. It was finally decided to incorporate at least four agencies and request them to suggest their methodologies.Page 49 of 64
The next committee meeting was conducted via google meet on 03.05.2021. Discussions were held on the proposal shared by the member from NEERI and on the agencies (Viz. IIT madras, NIT Calicut, ARAI, CSIR-NEERI, TERI) suggested by the CPCB member to carry out the source apportionment and emission inventory studies as per CPCB guidelines. The Committee also discussed the criteria to be followed for the selection of agencies with prior experience in the field to carry out the study. NEERI Nagpur, IIT Mumbai, IIT Delhi, IIT Kanpur, ARAI (Automotive Research Association Of India) Pune and TERI (The Energy And Resources Institute) Delhi are some of the organizations having expertise in the field with experience for conducting the study as per the CPCB methodology. As per the suggestions, actions were initiated to get the LoE and project proposals/ project estimate from the above organizations for conducting source apportionment and emission inventory studies for the eight cities.
It is humbly submitted that, source apportionment and emission inventory studies need a lot of resources in terms of funds, manpower, infrastructure and time to cover all seasons for the study. As there is a large financial implication of an approximate amount of minimum sixteen crores with these studies, Kerala Board/ Govt. of Kerala has to make provisions for the funds and once the funds are earmarked, the source apportionment / emission inventory studies in eight cities/ town can be carried out as detailed project activities. Considering the paucity of funds to undertake the source apportionment studies in eight cities together Kerala State Board is of the opinion to conduct the study in one city only (i.e. In Cochin area) rather than conducting the study in all the eight cities together. The committee suggested to include one more city i.e. Thiruvananthapuram, considering the importance of being the capital city. Also opined that time requirement and fund requirement needs to be conveyed to Hon'ble NGT and suggested to explore the possibility of securing funds from NGT Environmental Compensation fund maintained by CPCB or KSPCB.‖
44. We have also received the report in the form of letter dated 07.07.2021 addressed by the Secretary, Public Works Department (PWD) which reads as follows:-
―GOVERNMENT OF KERALA Public Works (H) Department Page 50 of 64 07/07/2021, Thiruvananthapuram No.H1/36/2021-PWD From The Secretary to Government.
To The Registrar General, National Green Tribunal, South Zone, Chennai.
Sir, Sub: PWD - National Green Tribunal - O.A. No.76/2017, 259/2017 & M.A. No.209 to 214/2017 and O.A. No.260/2017 - Reg.
Ref: Order of the Hon'ble National Green Tribunal dated 20.01.2021.
I am to invite your attention to the reference cited and to report herewith the action plan for the items 5, 6, 9, 10 and 16 (Long term steps suggested for improving Air quality) in the NGT order pertaining to the Public Works Department, Kerala as follows:
Action Plan: Item (5) & (6) - Undertaking Green of open areas and creation of green buffers along the traffic corridors.
The proposal for providing green open area and green buffer under the Govt. land under this Department may be possible by identifying the land available locations considering the safety aspects mentioned with the Highway Protection Act. The periodic maintenance and upkeep by the Department will be difficult. Hence, the construction and maintenance of this area may be implemented under CSR Scheme or through running contracts, without causing additional financial burden to Government.
Action Plan: Item (9) - Introduce water fountains at major traffic intersections, wherever feasible.
May be implemented in intersections with sufficient space under CSR Scheme considering safety features of identified locations.
Action Plan: Item (10) - Take steps for black topping/ pavement of road shoulders to avoid road dust.
For most of the road improvement projects and resurfacing works, pavement by black topping or concreting of road shoulders are included in the estimates under this Department depending upon fund and land availability.
Action Plan: Item (16) - Undertake road widening and improvement of infrastructure for de-congestion of road.
The proposal for road widening may be considered upon land availability. Infrastructure like construction of median for separate traffic lanes, fly over, under passages, provision for over head bridges for pedestrian crossing etc. are already considered for the new/improvement projects under this Department upon the fund availability which will reduce the road congestion at prime areas.
Yours Faithfully, Sd-
Preetha B Joint Secretary For Secretary to Government Page 51 of 64 Copy to: Environment Monitoring Cell, O/o. Chief Secretary.‖
45. We have also received the report submitted by the Senior Environmental Engineer, Kerala State Pollution Control Board wrongly noted as 14th July, 2021 but, in fact, e-filed on 13.07.2021 and received today (i.e., 14.07.2021) which reads as follows:-
―AFFIDAVIT FILED BY SMT. BINDHU RADHAKRISHNAN, SENIOR ENVIRONMENTAL ENGINEER OF KERALA STATE POLLUTION CONTROL BOARD IN THE MATTER OF O.A NO.259/2017 IN ACCORDANCE WITH THE ORDER DATED 09.03.2021 OF HON'BLE NGT I, Bindhu Radhakrishnan, D/o. M.P Krishnan kutty (Late), aged 52 years, am the Senior Environmental Engineer of Kerala State Pollution Control Board and I am duly authorised to file this affidavit. Copy of the letter of authorisation issued by the Chairman of the Board is produced herewith and marked as annexure R2 (1) and submit the following, subsequent to the order dated 09.03.2021.
Original application No. 76 of 2017 was taken up Suo Motu by this Tribunal on the basis of News item published in Malayala Manorama newspaper dated, 25.03.2017 under the caption "BLACK CITY'. The Suo-Motu case was in respect of black fumes spews in the air in the city of Cochin alone which causes air pollution. In this, this Tribunal considered the aspect and passed the following orders:
NGT (SZ) directed the Central Pollution Control Board to evolve a procedure for measuring the carbon particles namely, Carbon Monoxide (CO) and Carbon Di-oxide (CO2) and black carbon in the air which also will plays a greater role in affecting the air quality.
Original Application No. 259 of 2017, is another case filed by Lawyers Environmental Awareness Forum (LEAF), an organization formed by Lawyers of High Court of Kerala who are dealing with the environmental issues arising in the State. In that case they have alleged that on account of plying of old vehicles, air pollution is being caused.
In Original Application No. 259 of 2017, this Tribunal considered the aspect and passed the following orders:
1. The question of ambient air quality in the State of Kerala, especially in the cities viz., Thiruvananthapuram, Kollam, Kochi, Alappuzha, Kozhikode, Thrissur, Calicut, Kasaragod and Kannur and sources of pollution and also long term and short-term Page 52 of 64 steps to be evolved for the purpose of reducing pollution index and improve ambient air quality in the State of Kerala
2. Frame necessary time line for implementing the directions given in VARDHMAN KAUSHIK case in respect of banning of old vehicles and switch over to alternate clean fuel vehicles, including CNG and electric vehicles and
3. Submit a report to this Tribunal within a period of three months. The Kerala State Pollution Control Board will be nodal agency for this purpose.
Original Application No. 260 of 2017, is also a case filed by Lawyers Environmental Awareness Forum (LEAF) in respect of air pollution caused especially due to plying of large trucks, bus, Auto rickshaws, Taxi, etc., emitting smoke causing air pollution. So, all these cases are relating to the issue regarding the air pollution caused on account of the various reasons, particularly vehicular emissions and how to control the same in State of Kerala.
Since all these 3 cases are relating to the same issue, all three cases were taken up together and the Hon'ble NGT Southern Zone, Chennai vide order dated 09.03.2021 directed the committee constituted as per the order dated 06.01.2020 of the Tribunal in application number 259/2017 to ascertain the probable peak period and conduct the ambient air quality study and suggest remedial measure after identifying the source and apportioning the liability of the person who will carry out the remedial measures in an effective manner to curb the air pollution in Cochin. It was also directed to conduct Emission inventory and source apportioning studies in these areas (Thiruvananthapuram, Kollam, Kochi, Alappuzha, Kozhikode, Thrissur, Kasargode, and Kannur districts ) so as to ascertain the nature of pollution for a long time and ascertain the source of pollution and then suggest remedial measures to curb the same. The committee met via google meet on 16.04.2021 and 03.05.2021. Copy of the minutes of the meeting are produced herewith and marked as Annexure R2 (2) and R2 (3) respectively.
In the committee meeting conducted on 16.04.2021, the committee members discussed about the possibilities of conducting and completing the air quality monitoring studies before 14.07.2021. The convenor pointed out the difficulties in conducting the air quality monitoring studies before July 14th as peak status is not expected to achieve and as it's a time consuming process which requires proper planning, execution, financial aid which may take minimum one year duration. The Committee discussed about the time duration likely to be required for carrying out the study and about the cost of carrying out the source apportionment study per city and the source of funding for the same. The committee observed that the source apportionment study Page 53 of 64 will take a minimum of fifteen months' time as it includes monitoring as well as air quality modelling and the cost of study may vary from one to two crore per city which depends upon the factors like size of the city, rate of development in the city etc. The Committee members then discussed about the points to be considered in finalizing the agencies to conduct the air quality monitoring and modelling. CPCB member, informed that CPCB has already framed a conceptual methodology and framework for carrying out emission inventory/ source apportionment studies. The committee members opined that the agency should have sufficient equipment and sufficient expertise in the field for carrying out the work and should do air quality monitoring covering all major seasons round the year. It was finally decided to incorporate at least four agencies and request them to suggest their methodologies.
The next committee meeting was conducted via google meet on 03.05.2021. Discussions were held on the proposal shared by the member from NEERI and on the agencies (Viz. IIT madras, NIT Calicut, ARAI, CSIR-NEERI, TERI) suggested by the CPCB member to carry out the source apportionment and emission inventory studies as per CPCB guidelines. The Committee also discussed the criteria to be followed for the selection of agencies with prior experience in the field to carry out the study. NEERI Nagpur, IIT Mumbai, IIT Delhi, IIT Kanpur, ARAI (Automotive Research Association Of India) Pune and TERI (The Energy And Resources Institute ) Delhi are some of the organizations having expertise in the field with experience for conducting the study as per the CPCB methodology. As per the suggestions, actions were initiated to get the LoE and project proposals/ project estimate from the above organizations for conducting source apportionment and emission inventory studies for the eight cities.
It is humbly submitted that, source apportionment and emission inventory studies need a lot of resources in terms of funds, manpower, infrastructure and time to cover all seasons for the study. As there is a large financial implication of an approximate amount of minimum sixteen crores with these studies, Kerala State Pollution Control Board/ Govt. of Kerala has to make provisions for the funds and once the funds are earmarked, the source apportionment/ emission inventory studies in eight cities/ town can be carried out as detailed project activities. Considering the paucity of funds to undertake the source apportionment studies in eight cities together and as none of the cities in the State of Kerala is coming under non-attainment, Kerala State Pollution Control Board is of the opinion to conduct the study in one city in Kochi area in first phase. The committee suggested to include one more city i.e.; Thiruvananthapuram, considering the importance of Page 54 of 64 being the capital city. Also suggested that time requirement and fund requirement needs to be conveyed to Hon'ble NGT. Also opined that since the study is expensive, the State PCB may not have enough funds for the same and hence may be allowed to seek funds from the CPCB/ State Govt. or any other agency to take the project forward.
In view of the above, the Hon'ble NGT may be pleased to issue direction to carry out the study in one city initially when peak operation is resumed and with CPCB funding which they can make available from any of the fund maintained by them so that the studies can be conducted.
Dated this the 14th day of July 2021.‖
46. It is seen from the reports submitted by the Joint Committee as well as the Kerala State Pollution Control Board and the State Departments that they are taking steps to address the issue and that can be possible only by taking a long term measure, as it involves certain studies to be conducted to ascertain the source and remedial measures depending upon the remedial measures suggested by the committee.
47. The Public Works Department (PWD) as well as the Motor Vehicles Department had taken steps to address the issue. The Motor Vehicles Department had taken steps to convert the vehicles to alternate energy vehicles like electricity vehicles and also converting the same to gas and other Green and Clean fuel methods, for which, some incentives have been announced by the State Government to enable the public to convert their vehicles to green and clean fuel vehicles and the same is also in process.
They are also trying to change the old diesel vehicles into the new model vehicles, for which, steps have been taken by them.
48. The Public Works Department (PWD) also mentioned in their report that in order to avoid traffic congestion at the road junctions, which is one of the major source for air pollution caused due to stoppage of the vehicles Page 55 of 64 with engines running at the traffic junctions, they are working on projects to provide over bridges.
49. It is mentioned in the report submitted by the Joint Committee as well as the Kerala State Pollution Control Board that the real nature of pollution and its source can be identified only if the study is conducted at peak hours of vehicular movement. Due to lockdown, number of vehicles have come down on roads and studies at this juncture will not reflect the real nature of pollution caused at the particular locations where the study has to be conducted.
50. They also suggested that they intend to take Thiruvananthapuram and Kochi as two model cities to conduct study and provide measure to minimize the pollution being caused, for which, they have intended to intensify the study with the involvement of several agencies like anyone of established IITs and NEERI. They also anticipate that the expenditure for conducting studies will be to the tune of Rs.16 Crores in all the cities identified by this Tribunal and they want this amount to be given from the National Green Tribunal Environment Fund with the Central Pollution Control Board (CPCB).
51. It may be mentioned here that the damage caused to the human health due to air pollution has been addressed in the several studies done by various organizations and these studies came to the conclusion that large scale mortality is caused every year globally due to air pollution, apart from causing health problems and it has to be addressed immediately, so as to save the community. This aspect has been considered by the Hon'ble Apex Court in several cases of this nature and some of them are detailed below:
Page 56 of 64"On control of vehicular pollution (See) M.C. Mehta Vs. Union of India1, M.C. Mehta Vs. Union of India2, M.C. Mehta Vs. Union of India3.
On industrial and construction sector pollution (See) M.C. Mehta Vs. Union of India4, M.C. Mehta Vs. Union of India and Shriram Food and Fertilizer Industries & Anr.5, Rural Litigation and Entitlement Kendra Dehradun Vs. State of Uttar Pradesh6, Mohammed Haroon Ansari Vs. District Collector 7 , Union Carbide Corporation Vs. Union of India 8 , Sterlite Industries (India) Private Ltd. Vs. Union of India and Ors.9, M.C. Mehta Vs. Union of India10, M.C. Mehta Vs. Kamalnath11.
On power sector pollution (See) Consumer Education and Research Centre Vs. Union of India 12 , Dahanu Taluka Environment Protection Group & Anr. Vs. Bombay Suburban Electricity Supply Company Limited & Ors.13.
On agricultural pollution (See) Arjun Gopal & Ors. Vs. Union of India & Ors.14, Dr. B.L. Wadhera Vs. Union of India & Ors.15 1 (2001) 3 SCC 756 2 (1998) 6 SCC 63 3 (1998) 6 SCC 60 4 (1997) 2 SCC 353 5 (1986) Supp (1) SCC 562 6 (1985) 2 SCC 431 7 (2004) 1 SCC 491 8 (1989) 1 SCC 674 9 (2013) 4 SCC 575 10 (2004) 6 SCC 588 11 (2000) 6 SCC 213 12 (1995) 3 SCC 42 13 (1991) 2 SCC 539 14 (2017) 16 SCC 280 15 (1996) 2 SCC 594 Page 57 of 64 And various directions from the Principal Bench of National Green Tribunal in O.A. No.681 of 2018 (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") in the Orders dated 15.03.2019, 06.08.2019, 15.11.2019, 20.11.2018, 21.08.2020 and 08.04.2021.
52. Air pollution and noise pollution caused by vehicular movement has become a major cause of concern and it will have to be addressed at once.
Providing clean environment includes right to breathe clean air as part of Right to Life as enshrined under Article 21 of the Constitution of India.
Protecting environment is the responsibility of the State as mandated under Article 48 A of the Constitution of India. ―Prevention is better than cure‖ must be the mantra on precautionary principle than waiting for the disaster to strike and treat the problems caused by finding out the modalities for the same. The State cannot run away from the responsibility on the ground of want of fund for these purposes and it is their primary duty to provide clean environment as part of the Right to Life for the people.
53. So, the Central Pollution Control Board (CPCB) is permitted to utilize the environment compensation fund with them for the purpose of conducting the study, as the fund itself is intend for the purpose of using the same for restoring the damage caused to the environment and to provide mechanism to minimize the pollution being caused, after identifying the source.
54. The State Government is also having the responsibility to provide necessary fund from their side as well for this purpose and they cannot Page 58 of 64 shirk their responsibility of not providing any financial support for conducting such study as well.
55. In view of the observation made above, we direct the committee to undertake study in two major cities namely, Thiruvananthapuram and Kochi and after completing the study, they can develop a model guidelines as to how air pollution can be resolved, which in turn can be extended to other cities depending upon the nature of source identified. The proportionate amount required for this purpose can be provided by the State Government, Central Pollution Control Board (CPCB) and the Kerala State Pollution Control Board at the ratio of 50:30:20 (Fifty : Thirty:
Twenty) respectively for conducting model study in respect of two major cities in Kerala namely, Thiruvananthapuram and Kochi.
56. The committee is at liberty to choose any one of the short listed expert agency, after following the due process to conduct a study and submit a report to this Tribunal as well as to the State Government in this regard.
57. Instead of keeping these cases perpetually for a longer period to ascertain as to how the different departments are taking steps to implement the scheme, we feel it appropriate to dispose of all these cases by giving following directions:-
(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 Page 59 of 64 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 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 Page 60 of 64 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.
58. So, all these applications are disposed of as follows:-
(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 Page 61 of 64 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 be actively involved in evaluation of the study report and in formulation of model guidelines.
Page 62 of 64(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.
Page 63 of 64(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.
59. With the above observations and directions, all these applications are disposed of.
60. Since all these original applications are disposed of, pending miscellaneous/interlocutory application(s), if any, shall stand(s) disposed of.
Sd/-
.......................................J.M. (Justice K. Ramakrishnan) Sd/-
.................................E.M. (Dr. K. Satyagopal) O.A. No.76/2017, O.A. No.259/2017 & M.A. No.209 to 214/2017, O.A. No.260/2017 , 14th July, 2021. Mn.
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