Gujarat High Court
Babaubhai Noor Muhammad Shaikh vs State Of Gujarat & on 14 July, 2017
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
C/SCA/17829/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 17829 of 2016
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BABAUBHAI NOOR MUHAMMAD SHAIKH....Petitioner(s)
Versus
STATE OF GUJARAT & 10....Respondent(s)
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Appearance:
MR VA MANSURI, ADVOCATE for the Petitioner(s) No. 1
MS. THAKORE, ASST. GOVERNMENT PLEADER for the RESPONDENT(s)
No. 1-2
NOTICE SERVED BY DS for the RESPONDENT(s) No. 2-5
MR VAIBHAV A VYAS, ADVOCATE for the Respondent(s) No. 5
NOTICE SERVED for the RESPONDENT(s) No. 6
MR JEET J BHATT, ADVOCATE for the Respondent(s) No. 7
MR JAYANT P BHATT, ADVOCATE for the Respondent(s) No. 7
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 14/07/2017
ORAL ORDER
1. Today, in the course of the hearing of this matter, Mr. Vyas, the learned counsel appearing for the G.P.C.B drew my attention to the consent order issued by the Gujarat Pollution Control Board under section 25 of the Water Act, 1974, Section 21 of the Air Act, 1981 and EPA-1986. In the consent order, four specific conditions have been imposed. Those are as under;
"(1) Crasher of china clay shall be in close shed (2) Bag filters shall be install in dehydration unit (3) Classifier shall be placed in close shed. (4) You shall follow guideline issued for coal based gasifier."
2. So far as the conditions under the Water Act, 1974 is Page 1 of 7 HC-NIC Page 1 of 7 Created On Sun Jul 23 16:08:24 IST 2017 C/SCA/17829/2016 ORDER concerned, the following conditions have been imposed;
"(1) The generation of industrial effluent from the manufacturing process and other ancillary industrial operation shall be NIL.
(2) The quantity of the domestic waster water (sewage) shall not exceed 0.4 KLPD.
(3) Sewage shall be disposed off through septic tank/soak pit system or it shall be treated separately to conform to the following standards"
3. I am informed by Mr. Vyas that the G.P.C.B has yet to issue the Consolidated Consent & Authorization to commence with the manufacturing of the product. Mr. Vyas gave a fair idea about the procedure, which has to be adopted by the G.P.C.B before granting the C.C.A. According to Mr. Vyas, before the C.C.A is granted, a team of G.P.C.B would visit the unit and carry out the necessary inspections periodically and if, ultimately, satisfied with the compliance of all the conditions, would, thereafter, proceed to issue the C.C.A. On one such inspection, the following was noted by the G.P.C.B. "This unit is inspected w.r.t H.O instructions. Unit has installed plant and machineries to manufacture Kaolin, Metakolin (China clay powder)-500 MT/month from Kaolin (China clay). They have obtained CTE-Fresh for the same and applied for CCA-Fresh. Unit is noticed not in operation. Manufacturing process have following steps (1) Feeding and crushing of China clay lumps (2) Grinding of China Clay lumps (3) Heating of China Clay powder in flash drier at @ 1000 C (4) Colling of China Clay powder (5) Fine screening (through classifier) of China clay powder and (6) Packing of China Clay powder. They have taken trials of production and machineries are in final stage of modification for the smooth operation of the plat. Some welding work ins going on near feeding mechanism to flash drier. Photographs showing the plant conditions as on date 28.06.2017 are uploaded herewith.
Page 2 of 7HC-NIC Page 2 of 7 Created On Sun Jul 23 16:08:24 IST 2017 C/SCA/17829/2016 ORDER There will be no generation of any industrial waste water from manufacturing process. There will be requirement of fresh water 1.5 KLPD for cooling and 0.5 KLPD for domestic purpose. Domestic wastewater shall be dispose off through septic tank soak pit system. Unit will be zero discharge unit. Unit has installed Gasifier and Coal @ 600 Kg/hr shall be used as fuel. The gases from the gasifier will be used as fuel in flash dryer. Unit has installed bag house (bag filter) with cyclone separator as part of their process part as well as APCM. Unit has installed bag house (bag filter) single cone cyclone and bag house (bag filter) to stack attached to flash dryer and classification system . There shall be no generation of Hazardous waster from this unit. Small residential area of Kabhai Na Muvada is about 225 meters away from this unit. Two storage godowns are noticed at about 300 meters away from this unit. There is no person available to contact at the closed storage godown. Construction work of new unit M/s Bhagyoday Agro Industries is going on at about 1 km distance from this unit. "
4. I take notice of the fact that the unit is likely to utilize about 1500 to 2000 liters of fresh water per day. This water will be utilized for the purpose of cooling the unit as well as for the domestic purpose. The domestic waste water will be disposed of through the septic tank/soak pit system. The report further indicates that there is a residential area by the name Kabhai Na Muvada at a distance of 225 meters. I inquired with Mr. Vyas about the position so far as the groundwater level in the area is concerned keeping in mind the fact that there are agricultural fields of different individuals surrounding the unit. If the unit is going to consume about 1500 to 2000 liters of the groundwater per day, whether it will have any impact on the groundwater level and whether it is likely to prove detrimental to the interest of the farmers. I inquired with Mr. Vyas that if this 2000 liters of water has to be disposed of through septic tank/soak pit system, whether the fertility of the soil is likely to be affected.
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5. According to Mr. Vyas, the G.P.C.B has yet to issue the C.C.A, and it is only after the issue of C.C.A that the actual manufacturing of the product will commence.
6. Mr. Hakim, the learned counsel appearing for the petitioner invited my attention to an order passed by the Collector, granting the N.A. Permission dated 12th August, 2016. Mr. Hakim, thereafter, invited my attention to the statement of the respondent No.7 recorded on 20th August, 2016 by the local Gram Panchayat. The statement reads as under;
"I, the undersigned, Nareshbhai Gelot, 44 years old, Residing at Ahmedabad, is personally present today before the Talati, Antarsumba, as well as the Circle Inspector, Antarsumba, and dictates that the permission for non-agriculture of the land in question has been granted under Section 65B for industrial purpose on 12.8.2016. The land bearing Survey No.263 paiki admeasuring runs in the name of Patel Pashabhai Maganbhai.
The following conditions mentioned therein have been breached :
1. In condition no.5, the permission from the Gram Panchayat is not sought for.
2. In condition no.12, the compound wall is shown as 3.5 feet, however there is a construction of 7 feet.
3. As per condition no.15, the applicant shall have to obtain commencement certificate before starting construction for the purpose other than agriculture.
4. The construction upto the ground level has been done in the land in question. Moreover, one room has also been constructed for the watchman.
5. The construction on the land in question has been Page 4 of 7 HC-NIC Page 4 of 7 Created On Sun Jul 23 16:08:24 IST 2017 C/SCA/17829/2016 ORDER stopped since 20.08.2016 and it would not commence without the prior permission of the Panchayat.
What is stated above is true and correct to the best of my knowledge. Moreover, I am working as the administrator of Patel Pashabhai Maganbhai, and for which I have signed below."
7. Indisputably, as on date, the respondent No.7 has not been able to obtain any permission from the Gram Panchayat to put up the unit. Obtaining of the permission from the Gram Panchayat is one of the conditions imposed in the N.A. order. In the statement of the respondent No.7, an undertaking was given that he would not proceed further with the construction of the unit in the absence of the requisite permission of the Gram Panchayat. However, it seems that the construction has been completed and the G.P.C.B has also proceeded to grant the consent order referred to above.
8. Mr. Bhatt, the learned counsel appearing for the respondent No.7 submits that the unit is not going to cause any problems for the villagers as apprehended. According to Mr. Bhatt, the unit is not likely to cause any air or water pollution. According to Mr. Bhatt, the unit is not going to generate any industrial waste water from the manufacturing process. Mr. Bhatt would submit that the apprehension expressed by the villagers about dusting in the air will also be taken care of as the bag house (bag filter) with cyclone separator has been installed. Mr. Bhatt pointed out that in the inspection report of the G.P.C.B, it has been stated that the unit has installed single cone cyclone and bag house (bag filter) attached to the fresh dryer and classification system.
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9. Having heard the learned counsel appearing for the parties and having considered the materials on record, I am of the view that the picture is very hazy. The G.P.C.B will have to take due care and ensure about the apprehension expressed by the villagers as regards the dusting and groundwater level. Before granting the C.C.A, all the relevant aspects will have to be kept in mind by the G.P.C.B. What is important for me, as on date to consider, is the breach of the conditions imposed in the N.A. order.
10. Ms. Thakore, the learned AGP appearing for the State- respondents submitted that indisputably there is no permission or consent letter from the local Gram Panchayat for the purpose of putting up the industrial unit. The obtaining of the requisite permission from the Gram Panchayat is one of the conditions imposed in the N.A order and appears to have been breached. If that be so, then the Collector owes an explanation why no steps were taken to stop the construction of the unit and why it permitted the respondent No.7 to complete the construction. A more detailed inquiry is necessary on all the relevant aspects of the matter referred to above. I expect the State to file a detailed reply in this regard and I also expect the G.P.C.B and the respondent No.7 to clarify the issues further in details.
11. Post the matter on 28.07.2017 on top of the board. Till then, the G.P.C.B shall not proceed to issue the C.C.A in favour of the respondent No.7. Let there be one more inspection at the end of the team of the G.P.C.B so far as the dusting part is concerned. A copy of this order be provided to Ms. Thakore, the learned AGP appearing for the State for its onward communication.
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