National Green Tribunal
Ankur Sharma vs State Of West Bengal Through The Chief ... on 20 April, 2023
Item No.05 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
MISCELLANEOUS APPLICATION NO.06/2022/EZ
IN
ORIGINAL APPLICATION NO.58/2021/EZ
IN THE MATTER OF:
Tribunal on its Own Motion,
Re: Ankur Sharma (Applicant-in-Person),
Son of Shri Ambooj Sharma,
Resident of 13/3, Dr. P.K. Banerjee Road,
P.S.- & District-Howrah, West Bengal,
Pin - 711101,
.......Applicant(s)
Versus
1. STATE OF WEST BENGAL,
represented by the Chief Secretary,
Government of West Bengal
having office at NABANNA (13th Floor), 325,
Sarat Chatterjee Raod,
Shibpur, Howrah-711102,
2. MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE,
Government of India through,
its Secretary having office at Paryabaran Bhawan,
Jorbagh Raod, New Delhi-110003,
3. THE CENTRAL POLLUTION CONTROL BOARD,
represented by its Member Secretary,
having office at PARIVESH BHAVAN, East
Arjun Nagar, Delhi-110032,
4. THE PRINCIPAL SECRETARY,
Department of Environment,
Government of West Bengal,
having its office Pranisampad Bhawan,
Block-(5th Floor), LB-II, Salt Lake,
Sector-III, Bidhannagar, Kolkata-700106,
5. THE WEST BENGAL POLLUTION CONTROL BOARD,
represented by its member Secretary having office
at Paribesh Bhavan, 10A, Block-L.A, Sector-III,
Salt lake City, Kolkata-700106,
6. THE DISTRICT MAGISTRATE,
Howrah having office at 6,
Rishi Bankim Chandra road,
Howrah-711101,
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7. HOWRAH MUNICIPAL CORPORATION,
through its Commissioner having office at
4, M.G. road, Howrah-711101,
8. THE COMMISSIONER OF POLICE,
Howrah City Police
Having office at 28, Nitydhan Mukherjee Road,
Howrah-711101,
9. HOWRAH WHOLESALE FISH MARKET
STALL OWNERS CO-OPERATIVE SOCIETY LIMITED,
through its Secretary having office at1, I.C. Bose Road,
Howrah-711101,
.........Respondent(s)
Date of hearing: 20.04.2023
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant(s) : Suo Motu,
For Applicant(s) Mr. Ankur Sharma, in person (in Virtual Mode)
(OA No.58-2021-EZ)
For Respondent(s) : Mr. Sibojyoti Chakraborty, Adv. for R-1,4,6 & 8,
Mr. Surendra Kumar, Adv. for R-3,
Mr. Pritwish Basu, Adv. for R-5,
Ms. Amrita Pandey, Adv. (in Virtual Mode)
ORDER
1. The Original Application No. 58/2021/EZ (Ankur Sharma Vs. State of West Bengal & Ors.) was filed by the Applicant therein, alleging that there was large scale pollution in and around Howrah Wholesale Fish Market (hereinafter referred to as 'the Fish Market') caused due to various shops and makeshift stalls. It was alleged that huge quantities of refuse in the form of rotten fish, fish scales, thermocol/polystyrene etc. were dumped on public thoroughfares by various shops/stalls located in the Howrah Improvement Trust ('HIT' for short) Fish Market situated in I.C. Bose Road, Hari Mohan Bose Road and Maulana Abul Kalam Road, commonly known as 'Howrah Wholesale Fish Market.' 2
2. The Original Application No. 58/2021/EZ was disposed of by this Tribunal vide its judgment and order dated 10.01.2022 with the following directions:-
"27. However, without giving any direction in that regard at this stage, we direct the Respondent No.7, Howrah Municipal Corporation to ensure compliance of the recommendations and remarks contained in the Inspection Report within a period of two months and file a Compliance Report by 15.03.2022.
28. In addition to the recommendations made by the Inspection Committee, we also direct the Howrah Municipal Corporation, Howrah Improvement Trust (HIT) and Kolkata Metropolitan Development Authority (KMDA) to consider the installation of Air Quality Monitoring Station and Noise Monitoring Station. They are also directed to keep the entire area clean and dry particularly the drain pits to be kept free from any solid/plastic waste to enable free flow of waste water. The Committee shall file compliance report by 15.03.2022."
3. Since no affidavit of compliance was filed, the present M.A. No.06/2022/EZ was taken up as a suo-motu matter.
4. Affidavit dated 16.03.2022 has been filed by the Howrah Municipal Corporation, stating that the Fish Market area in question is being maintained by the Howrah Improvement Trust ('HIT' for short) and the Kolkata Metropolitan Development Authority ('KMDA' for short) and the KMDA has constructed a Sewage Treatment Plant (STP) for treatment of sewage.
5. Affidavit dated 04.07.2022 has been filed by the West Bengal Pollution Control Board.
6. The affidavit of the West Bengal Pollution Control Board is very scanty in information, in as much as it has been stated that encroachment has been reduced considerably. How much was it earlier and to what extent it has been reduced has not been 3 mentioned in the affidavit. It is also stated that storage of thermocol boxes has been reduced but no measures have been detailed by the Board, which is the Regulatory Body created under the Water (Prevention and Control of Pollution) Act, 1974, to suggest remedial measures for disposal of thermocol boxes. It is also stated that spillage and scattering of thermocol debris, husk, melting-ice water etc. were seen to have been reduced. The photographs appended to the affidavit of the Board show garbage and filth all over the area. Removal of garbage and mechanism for disposal of the same is the duty of the Howrah Municipal Corporation under the Howrah Municipal Corporation Act, 1980.
7. The Howrah Municipal Corporation was, therefore, directed to file Action Taken Report including the remedial measures for disposal of garbage and cleaning of the Howrah Fish Market. The Howrah Municipal Corporation was also directed to take the advisory assistance of the West Bengal Pollution Control Board for removal and disposal of garbage and cleaning the environment in and around the Howrah Fish Market. The help of the Commissioner, Howrah Police Commissionerate may also be taken by Howrah Municipal Corporation with regard to removal of unauthorized parking along the roadside in the vicinity of the Fish Market.
8. Accordingly, the Howrah Municipal Corporation has filed affidavit dated 05.09.2022. Along with this affidavit, an Inspection Report of an inspection carried out on 23.02.2022 has been filed which is extracted herein below:-
Sl. Remarks/Recommendation Compliance status (based on inspection dated (based on inspection dated 16/9/20212) 23/02/2022) 4 1 Ancillary activities (storage Heaps of thermocol boxes were &refurbishing of thermocol boxes seen on the roofs of fish and parking of transportation packing units and under the vehicles) outside the market and in adjacent flyover. Such storage the immediate adjoining areas is a potential fire/accident hazard. However, storage in the understructure of the flyover has reduced than what was seen earlier.
Vehicles were seen parked
adjacent to the market and
beside the main road. From
such parked vehicles, broken
thermocols/thermocol debris,
husk and melting-ice water
were seen to be spilled or
drained into the main road.
The fish market committee
should sensitize the people
involved with such ancillary
activities to refrain from such
deeds.
2 Drain pits within the market to be Drain pits were seen to be free kept free from solid wastes & of any type of solid wastes and clogging with plastics. water was freely passing into the drain through the pits.
There was no water logging inside the market.
It was reported that the fish market committee has given good attention to such issues.
3 A covered area should be A proper covered area is yet to earmarked for stock piling of be provided for stock piling of broken thermocol wastes. broken thermocol wastes.
The market committee has
however, arranged a privately
owned area for stock piling of
thermocol boxes, but such area
is uncovered.
4 Waste-thermocol crushing machine Waste thermocol crushing
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should be equipped with machine is yet to be provided
dust/fume extraction system with dust/fume extraction
system. Market committed
should take initiative to equip
the crushing machine with a
proper dust/fume
extraction/scrubbing system.
5 A log book, for the waste-thermocol Such log book is yet to be crushing machine, indicating daily maintained.
operating hours, energy meter Market committed should take
reading & quantity of waste initiative to maintain such log
handled should be maintained. book.
6 Thermocol, which is expanded Market committee is yet to
polystyrene, should be handed maintain such list of vendors.
over only to registered recyclers of
plastic wastes and the list of
vendors collecting such wastes
should be recorded with dates &
quantities.
7 Stock piles of hoarded thermocol Hoarding of thermocol boxes on boxes on the road sides & flyover the road sides & flyover understructure should be removed. understructure was seen to have reduced.
The market committee should continue to sensitize people and prevent the ancillary units from engaging in such illegal hoarding acts. Local Police should also be sensitized to prevent such illegal hoarding.
8 Outside the market, especially the Broken thermocol& husk/saw- area on the western side, the area dust, wet with water of the was filthy & smelly due to molten, ice, were seen dumped dumping of wet, broken and the area had a filthy smell. thermocol& saw-dust. These areas Market committee should take should be cleaned immediately immediate steps to alleviate and the market committee should this condition. ensure that no such dumping of wastes take place.
9 Market committee should ensure Some progress was noticeable 6 that no encroachment of public as regards removing roads, flyovers, pavements & encroachments on public adjoining areas take place due to spaces. However, Market the ongoing wholesale market Committee should take steps to related activities. prevent such encroachment of roads & flyovers. Local Police should also be sensitized to prevent such encroachments.
10 Regular awareness & sensitization Regular awareness & may be carried out by the market sensitization program is yet to committee to ensure clean & be carried out by the market hygienic surroundings. committee. However,the Market Committee has assured that it will carry out such programs shortly to ensure clean & hygienic surroundings.
Further, in compliance with the direction dated 10/01/2022 of the Hon'ble NGT, the HMC representative confirmed that the Deputy Commissioner of Police (Traffic), Howrah Police Commissionerate has been requested to take necessary action regarding removal of unauthorized parking around the roadside in the vicinity of the Fish Market. Also, the CEO, KMDA ahs been requested by the HMC to consider installation of Air Quality Monitoring Station and Noise Monitoring Station in the Fish Market. The Fish Market Committee has also been directed by HMC to clean the market premises in compliance with the Hon'ble NGT's order."
9. Another Inspection Report of an inspection carried out on 26.07.2022 has been filed along with the affidavit. The Observations of the Committee read as under:-
"Inspection Report of Howrah Wholesale Fish Market Inspection carried out on 26/07/2022 at about 4-45 PM by a team comprising the following officials of HMC:
i) Sri SamiranMullick, Engg. Advisor, HMC
ii) Sri Mrinmoy Chanda, AE & OSD (Conservancy), HMC and
iii) Sri Tarak Kumar Dutta, AE Survey, HMC 7 Syed Anwar Maqsood, Secretary, Howrah Wholesale Fish Market Committee was also present during our inspection.
The purpose of the inspection was to check the veracity of the claims made by the Howrah Wholesale Fish Market Committee in their reply dated 02/07/2022 to a Show Cause Notice by Commissioner, HMC (vide No.008/Gen(S.C.Cell)/NGT/Commr./2022) issued dur to non- compliance of direction dated 10/01/2022 of the Hon'ble NGT, EZ passed in connection with the OA 58/2021/EZ-Ankur Sharma vs. State of West Bengal & Ors.
Observations:
1) It was gathered that usually at that time i.e. at about 4-45 PM the market activities cease and almost all stalls become inactive. It was observed that most of the stalls had ceased to operate and the passageway in from of them were clean of any waste material such as broken thermocol boxes, sealing tapes, etc. Thermocol boxes and fibersheet crates were neatly stacked in from of the inactive stalls. The floor itself was wet but no standing water was observed due to clogged drain-pits.
Cleaning activities were continuing in front of some stalls and nominal fish scales were noticed but water used to clean the front of those stalls was draining out easily.
2) Two considerably large heaps of broken pieces of thermocol were lying on both sides of the entrance to the housing of the recycling unit of thermocol. One was covered with a waterproof cover but the other heap was without any proper cover. The recycle unit itself was not being operated due to the lack of dry thermocol which is the reason of the afore-mentioned heaps. However, neither the operators of the thermocol-recycle unit nor the Secretary of the Committee could provide any list of buyers of the recycled product. The Secretary assured the Inspection Team that he will ensure that in future the necessary list is incorporated in the log-book of the recycle unit.
3) The parking lots outside the market area but within the boundary wall of the Committee's jurisdiction, the vehicles were parked in a orderly manner and the floor of the parking lot was clean. The roofs of the ancillary units were clear of any sort of stacks of thermocol boxes. However on one or two roofs a few fiber sheet crates as well as some thermocol boxes could still be observed.
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4) Existing the premises of the Howrah Wholesale Fish Market and onto Ishwar Chandra Bose Road, it was observed that the flank opposite to the Market, a lot of activities with stacks of thermocol boxes, plastic and stell drums, etc. were ongoing. These activities were obviously related to the fish market. When asked, the Secretary did not deny that the activities were fish market oriented, but denied any responsibility in controlling the nuisance caused dur to such activity.
5) That flank adjacent to the boundary wall of the Market, along Ishwar Chandra Bose Road, is properly paved with paver blocks on which various types of goods vehicles were parked on it. The entire stretch is thoroughly clean. The portions underneath the parked vehicles were observed to be clean. Moving south along the same flank, a portion remains unpaved. The surface of the unpaved portion is littered with pieces of plastic, debris, saw-dust, etc. and there is every possibility of dust being air-borne by strong wind and/or vehicular movement over it. The Secretary proposed to convert the unpaved portion into a green verge if approved by competent authority."
10. The Howrah Municipal Corporation was , therefore, directed to file a fresh affidavit bringing on record the Action Plan/Guidelines framed by it to be followed by the Howrah Wholesale Fish Market in the process of carrying on its operations in an environmentally clean atmosphere.
11. The Tribunal also constituted a Committee to assist the Howrah Municipal Corporation in preparation of its Action Plan/Guidelines, comprising of the following Members:-
1) Scientist from West Bengal Pollution Control Board;
2) Two officials from the Howrah Municipal Corporation;
3) Representative of the Howrah Wholesale Fish Market; and
4) Assistant Commissioner of Police (Traffic-II).
12. Affidavit dated 12.10.2022 has been filed by the Howrah Municipal Corporation, stating that the Howrah Wholesale Fish Market vide 9 its letter dated 11.10.2022 had submitted certain corrective measures which they would be undertaking, namely, (a) cleaning the Fish Market from stockpiles of thermocol and parking bay from stockpiles of thermocol and free it from husk dumping. (b) It is also indicated that the thermocol waste recycling machine is working and the melted product is then sold to some supplies in Kolkata and Delhi. (c) They have also mentioned that since there is a ban on thermocol usage, therefore, the Market has apprised its suppliers in Andhra Pradesh etc. to stop using thermocol boxes for packing fish and instead baskets may be used vide its letter dated 10.10.2022. Copy of the letter dated 11.10.2022 has been filed as Annexure-C (page no. 122) to the affidavit and copy of the letter dated 10.10.2022 has been filed at page no. 152 of the paper book, addressed to the Secretary, Andhra Pradesh Fish Traders & Packer's Association.
13. The Applicant has filed affidavit dated 18.11.2022, giving his suggestions for keeping the Howrah Wholesale Fish Market area clean which are extracted herein below:-
a) "The most effective measure is to shift the market from its current place to a distant location outside city limit since the market mainly caters only to wholesale customers. There is hardly any space in the vicinity of the market to facilitate hygienic and environment friendly trade activity.
b) An organic waste composter may be set up immediately in the vicinity of the said market to deal with biodegradable waste.
The civic body must ensure collection of wastes in to two different bins viz. one for bio degradable wastes other for non- biodegradable wastes.
The biodegradable wastes should be disposed of in to organic waste composters while the non-biodegradable wastes should be recycled as far as practicable.
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c) The police authorities ought to declare I.C. Bose Road, Hari Mohan Bose Road, Maulana Abul Kalam Road as No Parking Zones and install CCTV cameras to monitor the menace of illegal parking besides inspecting the roads thrice daily.
d) Usage and stacking/storing of thermocol boxes should be banned immediately. The civic authority should carry on a drive to remove all such boxes lying in and around the said market.
e) The stall owners may kindly be directed to keep fishes strictly in covered boxes to avoid spread of foul smell of fish. The civic body should create a list of all legal stall owners/shopkeepers and initiate a drive to shut down/remove all illegal stalls/shops."
14. The Howrah Municipal Corporation has filed further affidavit dated 31.01.2023, stating therein that vide order dated 06.09.2022, the Expert Committee has issued Action Plan with Guidelines to the Market Committee. Para 4 of the affidavit is extracted herein below:-
"4. That in terms of the order dated 6th September, 2022, the Expert Committee has issued action plan and guidelines to the Market Committee inter alia as follows:-
a. Spilling of insolation material, broken pieces of thermocol, fish scales etc. while unloading operations should beminimized. While unloading operations takes place a team of sweepers shall be kept close at hand by the Market Committee, so that any spillages that occur shall be swept away immediately and collected in large community bins.
b. Boxes made of thermocol should be phased out as early as possible. Boxes made of a suitable and environment friendly material should be brought in. The Market Committee should chalk out a plan of such activities and circulate to all concerned.
c. Clogging of all drain pits should be kept clear at all times so that standing of waste water within the Market floor is avoided. Bathing booths, toilets, etc. shall be kept in hygienic condition and 11 the Market Committee shall ensure that they are put to their proper uses.
d. Broken thermocol pieces which are put through the Processing Unit maintained by Market Committee shall be stacked in a covered placed earmarked for such stacking. The Market Committee should ensure that the end product of the Processing Unit is sold to vendors with proper credentials.
e. The Market Committee shall take initiative to sensitize all stakeholders regarding their duties and responsibilities so that the Market may be operated in clean and hygienic manner, its surroundings are kept free of garbage and waste products arising from the Market and encroachment of any type as well as illegal stacking of thermocol boxes, etc, and illegal parking is totally avoided. Any type of untoward happening regarding the above shall be brought to the notice of the proper authorities for remedial action.
f. As directed by the Hon'ble National Green Tribunal, Eastern Zone in an earlier directive, KMDA shall immediately take initiative to set up an Air Quality Monitoring Station in the vicinity of the Fish Market.
g. The Police Authority is requested to keep a regular vigil in and around the Fish Market particularly against illegal stacking of thermocol boxes, etc. on roofs of ancillary unit of the Fish Market, on unused portions of flyover, encroachments of packers employed by wholesale buyers of fish, illegal parking, etc. h. The Howrah Municipal Corporation shall ensure that the Compactor machine installed near the Fish Market is kept in operable condition on a regular basis. Regular conservancy activities around the Fish Market, particularly in areas of parking where loading/unloading takes place shall be ensured by the Market Committee together with the Conservancy Department of Howrah Municipal Corporation."
15. The Commissioner of Police, Howrah Police Commissionerate, has filed affidavit dated 17.03.2023, stating therein that with regard to the area in and around Howrah Wholesale Fish Market remaining 12 cramped with three lane illegal parking throughout the day and night, the matter was enquired and necessary action was taken and continuous monitoring and special drive has also been taken by the Howrah Railway Station Traffic and Golabari Police Station. It is also stated that one earmarked parking zone exists since long near the Fish Market beside Ishwar Chandra Bose Road (IC Bose Road) with approx parking zone area of 14000 sq.ft. and in this premises approx 60 small goods vehicles and 20 big goods vehicles may be parked. The said area falls under the jurisdiction of KMDA and the parking zone area has been maintained by the Howrah Wholesale Fish Sellers Association.
16. It is also stated that the right side of the Ishwar Chandra Bose Road from Howrah Hotel crossing to fish market signal point (approx stretch 200 meters) is the notified parking zone by the order of the Howrah Municipal Corporation where 30 big goods vehicles may be parked. The entire stretch of Ishwar Chandra Bose Road in front of Howrah Wholesale Market is allotted for 'Free Parking Zone' and a notification dated 16.07.2022 has also been published by the Howrah Municipal Corporation which is duly maintained by the Howrah Wholesale Fish Sellers Associations.
17. It is further stated that specified parking zones to the left side of the Ishwar Chandra Bose Road has been declared as 'No Parking Zone' by the Howrah Police Commissionerate vide Notification dated 14.09.2021 and to monitor and control the traffic movement along the Ishwar Chandra Bose Road, the Traffic Police Department and Golabari Police Station of Howrah Police Commissionerate is always keeping sharp vigil and taking regular drive against unauthorised parking on this road and during the period from January, 2022, to 13 March, 2023, total 459 vehicles have been prosecuted for unauthorized parking.
18. It is also stated that a big Wholesale Vegetable Market exists along the Ishwar Chandra Bose Road and everyday large number of different types of goods vehicles carrying vegetables used to come in and remain parked along with right side of Ishwar Chandra Bose Road for long time. There is no designated parking place for Wholesale Vegetable Market. It is also stated that there is a 15-18 feet wide unused area along the right side of Ishwar Chandra Bose Road and this area may be used for parking of goods vehicles after necessary development by the concerned authority.
19. It is also stated that sharp vigil is being maintained by the Howrah Traffic Police and Golabari Police Station so that no unauthorized parking is taking place and the Ishwar Chandra Bose Road is already under coverage of CCTV Cameras.
20. In the affidavit of the Commissioner, Howrah, it is suggested that existing 'Pay and Use Toilet' may be shifted from left side of Ishwar Chandra Bose Road to Howrah Wholesale Vegetable Market premises for better utilization of the road.
21. We find that an identical controversy came up before this Tribunal in Original Application No. 152/2022/EZ (Ankur Sharma Vs. State of West Bengal & Ors.), relating to 'Patipukur Fish Market Owner's Association' and the said Original Application was disposed of by this Tribunal vide its judgment and order dated 13.04.2023 and it has been directed that there shall be a complete ban on use of thermocol in the Fish Market area. In place of thermocol bags, as suggested by the learned Counsel for the parties, in the alternative, jute baskets covered with leaves be used. It was also directed that 14 organic waste composter shall be set-up immediately in the vicinity of the Market to deal with biodegradable waste and the Fish Market shall provide adequate number of cleaning staff inside and outside of the market regularly.
22. We, therefore, direct that in order to maintain uniformity in operations in fish markets, in the present case also, jute or other baskets, other than plastic, may be used for carrying fish to and from the Howrah Wholesale Fish Market and the fish wastes shall be collected by the Market in; (a) jute or other natural organic fibre baskets, and (b) use sal and other leaves as the case may be. Solid waste generated be reused by the Market through recycling as far as possible.
23. The Howrah Wholesale Fish Market shall also provide adequate ventilation, lighting, water supply and drainage system and fish should be sold on platforms and not kept directly on the floors.
24. The Howrah Municipal Corporation shall immediately set-up an organic waste composter in the vicinity of the Fish Market to deal with biodegradable waste. The civic body shall ensure collection of wastes in two different bins viz., one for biodegradable waste and one for non-biodegradable waste. The biodegradable waste should be disposed of in organic composter while the non-biodegradable waste should be recycled as far as possible.
25. The Howrah Municipal Corporation shall ensure that proper drains are constructed with adequate slopes to ensure that there is no concentration or clogging of fish wastes in the drains. Adequate arrangements shall be made for water supply so that fish platforms as well as floors can be cleaned from time to time everyday. 15
26. The Howrah Municipal Corporation shall also provide a waste disposal site for dealing with municipal waste as per Municipal Solid Waste Management Rules, 2016.
27. So far as the allegation of the Applicant with regard to haphazard parking of vehicles is concerned, the same is already being taken care of by the Commissioner of Police, Howrah, as already noted by us hereinabove, which shall be continued to be regularly monitored by the Commissioner.
28. With the aforesaid directions, the M.A. No.06/2022/EZ is accordingly disposed of.
29. I.As. if any, stand disposed of accordingly.
30. There shall be no order as to costs.
.....................................
B. Amit Sthalekar, JM ...................................
Dr. Afroz Ahmad, EM April 20, 2023, Miscellaneous Application No.06/2022/EZ In Original Application No.58/2021/EZ AK 16