National Green Tribunal
Mr Rajiv Sinha vs The State Of Maharashtra Through ... on 27 November, 2024
Item No.5 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)
Original Application No.70/2023 (WZ)
[Earlier Original Application No.229/2023(LP)]
Rajiv Sinha
.....Applicant
Versus
Maharashtra Pollution Control Board & Anr.
....Respondents
Date of hearing: 27.11.2024
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant : None present.
Respondents : Mr. Vilas Jadhav, Advocate along-with
Dr. Bhalerao, SRO, Taloja, MPCB, for R-1/MPCB
Mr. Prashant Chawan, Advocate along-with
Ms. Shraddha Chheda, Advocate i/b.
M/s. Navdeep Vora & Associates, for R-2/MIDC
ORDER
1. None has appeared from the applicant despite repeated calls.
2. In compliance with our previous order dated 09.09.2024, respondent No.1- MPCB has filed additional affidavit dated 21.11.2024 giving clarification therein that the CPCB issued only guidelines and not standard on odour pollution and its control in the year May 2008. A copy of the said guidelines is annexed as Annexure-I, wherein following recommendations have been made:-
"10.0 RECOMMENDATIONS Major recommendations of the Expert Committee on Odour Pollution and its Control include the following:
i). The report of the Expert Committee may be adopted as a guideline for odour pollution and its control.Page 1 of 4
ii). In order to develop and implement effective control programme on odour pollution, it is necessary to measure odour in a manner that is accurate, precise and acceptable.
The instrumental method may be adopted for known compounds and for mixtures of unknown substances, sensory method is preferred. The currently accepted method EN 13725: 2003, Forced-Choice presentation, may be standardized and adopted in India also.
iii). There is a need for generation of data based information on the magnitude of the odorous gases/chemicals at point source as well as in the ambient environment around these sources.
iv). Ambient standards for odour pollution should be evolved after adequate becomes available to formulate them.
v). Source specific (point source as well as diffused source) standard for odour emission should be evolved for odourous industries such as Pulp & Paper, Fertilizer, Pesticides, Tanneries, Sugar & Distillery, Chemical, Dye & Dye Intermediates, Bulk Drugs & Pharmaceuticals, Landfill and Waste Water Treatment Plant etc,.
vi). Human resource may be developed with international exposure and assistance to work in the field of odour pollution control.
vii). All out efforts should be made to operate and maintain treatment plants, air pollution control devices, dump sites, TSDF etc. to achieve optimal reduction in odour pollution.
viii). Hot spot of odour pollution may be tackled with knowledge and technology presently available in the country.
ix). Pilot plants / Best Management Practices to control odour pollution may be installed / demonstrated sector wise to display the technology. Such installation may be sponsored and financial assistance provided, if required.
x). Green belts with suitable species of plants / trees and other physical methods may be adopted for control of odour pollution especially near odour producing industrial processes and waste disposal sites."
3. From the side of respondent No.2-MIDC, an additional affidavit dated 26.11.2024 has been filed in compliance with our previous order dated 09.09.2024, wherein we had directed to fix a time limit for the measures which are to be taken by the MIDC and member industries. In the said affidavit, it is submitted that the time limit for industries to Page 2 of 4 install the Lock & Key system and SCADA Server can be fixed only by the MPCB, being the authority responsible for implementation of legislation.
4. With the above averment of respondent No.2-MIDC, we are not in agreement because it is apprised by the SRO, Taloja, MPCB that the Lock & Key system can be implemented only by the authority, which has control over the operation of the water supply, which lies with the MIDC only and not with the MPCB. Therefore, it is the responsibility of the MIDC for the same. In view of this, we direct the MIDC to comply the same within six months and submit a compliance report in this regard.
5. It is further submitted in the above-mentioned affidavit of respondent No.2-MIDC that the tender for Multi Stage Screening Mechanism & Aerators has been opened and work order will be issued shortly. But again we find that there is no timeline fixed as to when that will be issued and finally concluded, for which learned counsel for respondent No.2- MIDC has prayed that at least 18 months' time may be allowed for completion of the said work, which is accepted and allowed.
6. Regarding the process of installing flow meter for effluent outlet pipeline for flow measurement, it is submitted in the above-mentioned affidavit of respondent No.2-MIDC that 3 months' time would be taken to complete the same, which is accepted and allowed.
7. Regarding CIDCO Dumping Ground, it is submitted in the above- mentioned affidavit of respondent No.2-MIDC that Mumbai Waste Management Ltd. is responsible for solid hazardous waste treatment, which has their facilities in the adjoining areas and it might also be responsible for the odour. In this regard, learned counsel for respondent No.1- MPCB submits that they are already pursuing the said matter with Page 3 of 4 the CIDCO and Mumbai Waste Management Ltd. to take care of the said problem.
8. Here, we would like to make it clear that the recommendations, which are made and cited above by us, need to be implemented at the earliest. Since implementation of the said recommendations would be requiring framing of rules and research work also, which are under the domain of CPCB, we direct the CPCB to frame the rules accordingly at the earliest within a period of one year. In the meantime, above-mentioned recommendations shall be continued to be followed.
9. With the above directions, we dispose of this application accordingly.
10. Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM November 27, 2024 Original Application No.70/2023 (WZ) [Earlier Original Application No.229/2023(LP)] P.Kr Page 4 of 4