National Green Tribunal
Dharmesh Shah vs Union Of India on 27 April, 2022
Author: Satyagopal Korlapati
Bench: Satyagopal Korlapati
Item No.02: Court No.2
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 82 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF
Dharmesh Shah
...Applicant(s)
Versus
Union of India and Ors.
...Respondent(s)
Date of hearing: 27.04.2022
CORAM:
HON'BLE SMT. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): Mr. Rahul Choudhary
For Respondent(s): Ms. Me. Saraswathy for R1
Ms. N. Nathami for R2
Ms. Madhuri Donti Reddy for R3 and R4
Mr. Rajat Jonathan Shaw for Mr. Darpan for R5
Mr. Mahuvaneswaran for Mr. Gokul Krishnan for R6
Ms. Yasmeen Ali for R7
Ms. Dayana for Mr. Sai Krishnan forR8
Mrs. Sathya Bhama for R10
Mr. G. Vignesh for Mr. E.K. Kumaraesan for R11.
Ms. Nivedita for Ms. V.K. Rema Smrithi for R12
1
Dr. D. Shanmuganathan for R13
Mr. Sai Sathya Jith for R14.
ORDER
1. The above original application is an offshoot of the decision of the Hon‟ble Supreme Court in (2017) 5 SCC 236- Paryavaran Suraksha Samiti vs. Union of India & Ors.
2. The reliefs sought for in the application is verbatim similar to the direction given by the Hon‟ble Supreme Court i.e. directing the State Governments and Union Territory to install and upload on their websites proper and effective Online Continuous Emissions Monitoring System which is easily accessible to the public and other reliefs.
3. Mrs. Sathya Bhama, Learned Counsel for the Puducherry Government filed a report contending that they have fully complied with the directions of the Hon‟ble Supreme Court and their data is accessible by the public. The Learned Counsel for the applicant also agreed with the same.
4. The State of Telengana Pollution Control Board also filed a report wherein, in Para 5, it is specifically mentioned that "the public can also access the system and can keep themselves informed of the present status of pollution levels of the day. The reason for reason for showing the gaps in the recorded emissions or effluent levels on the portal for industries is due to internet/data transmission issues at the industry site location". The Learned Counsel for the applicant also mentioned that there are certain glitches in 2 accessing the data by the State of Telengana in accessing the same in public domain. The State of Telengana is directed to look into the said issues complained by the applicant and address the same.
5. The State of Kerala also filed a reply in this regard stating that presently 43 sites are connected to the Online Continuous Emission Monitoring System (OCEMS) in the State. Out of which six are Continuous Ambient Air Quality Monitoring System and the rest are industries.
6. It is further stated that the public can access the system and avail the data of the current status and the historical data upto past 30 days. Excepting the power outage or internet problems, the data posted in the web are available to the public which is also admitted by the Learned Counsel for the applicant.
7. The 4th respondent, Andhra Pradesh Pollution Control Board has also filed a counter affidavit dated 22.04.2021 giving out the status of the industries which have provided online data transmission to the Andhra Pradesh Pollution Control Board. The tabular column furnished therein mentions about the various categories of industries as has been enlisted by the Central Pollution Control Board. In addition to this, the Andhra Pradesh Pollution Control Board also had developed a mobile application, namely, „Paryavaran‟ to disseminate air quality information across the State.
8. The Learned Counsel for the applicant has not got the copy of the report of the Andhra Pradesh Pollution Control Board and is unable to comment on 3 the same. Therefore, he is directed to give a rejoinder to the counter, if any, before the date of next hearing.
9. It is only the State of Tamil Nadu which has not so far furnished any reply or response in this regard. The Learned Counsel represents that it is a huge exercise for them and they would furnish a report qua the industries and the places for their attainment and non-attainment.
10. The Learned Counsel for the Tamil Nadu Pollution Control Board as well as State of Tamil Nadu are directed to file their reports in this regard without fail within a period of 4 weeks and serve a copy in advance to all the Learned Counsel.
11. The State of Karnataka has also not filed any report in this regard and a last and final opportunity is granted to the State of Karnataka to file their report within 4 weeks and serve the copy well in advance.
12. The Learned Counsel for the applicant is also directed to file a comprehensive reply covering the compliance report filed by all the States mentioned above.
13. Post the matter for disposal on 06.07.2022.
............................................................J.M. (Smt. Justice Pushpa Sathyanarayana) .......................................E.M. (Dr. Satyagopal Korlapati) O.A. No. 82/2021(SZ) 27th April, 2022. (AM) 4