National Green Tribunal
Naimuddin vs Mangalam Cement Limited on 27 March, 2025
Item No. 01
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No. 101/2024(CZ)
IN THE MATTER OF :
Naimuddin S/o Kamruddin
R/o 3180, Mohalla Mahawtan,
Chowkdi Topkhana Hujuri, Ghat Gate,
Jaipur-302003
Applicant(s)
Vs
1 The President (Operations)
M/s Mangalam Cement Limited
P.O. Aditya Nagar, Village-Morak,
Tehsil Ramganj Mandi, District
Kota-326520 (Rajasthan)
Respondent No. 1
2 Chief Medical & Health Officer,
Svasthya Bhawan,
Purana Bus Stand, Aklera,
Jhalawar, Rajasthan-326033
Respondent No. 2
3 Assistant Mining Engineer,
Jhalwar 156, Ground Floor,
Mini Secretariat, Jhalawar,
Rajasthan-326001
Respondent No. 3
4 Member Secretary,
Rajasthan State Pollution Control Board,
4, Jhalana Institutional Area,
Jhalana Doongri, Jaipur,
Rajasthan 302004
Respondent No. 4
COUNSELS FOR APPLICANT(S):
Mr. Rohit Kumar Tuteja, Adv.
Mr. Anoop Agarwal, Adv.
COUNSELS FOR RESPONDENT(S):
Mr. Vaibhav Thakuria, Adv.
Mr. Kshitij Mittal, Adv.
Mr. Rachit Soni, Adv.
(for Mr. Shoeb Hasan Khan, Adv.)
1
OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
CORAM:
HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Date of completion of hearing and reserving of order : 24.03.2025
Date of uploading of order on website : 27.03.2025
JUDGMENT
1. Issue raised in this application is operation of cement unit of Respondent No. 1 along with mining lease in Village-Morak, Tehsil- Ramganj, Mandi, District-Kota, Rajasthan causing pollution by the dust containing heavy metals like Nickel, Cobalt, Lead, Chromium adversely affecting the vegetation, human and animal health and the eco-system.
2. It is further submitted that most of the population of the area has been exposed to the cement dust including the workers and managers in cement plants and the family members of the workers causing chronic impairment of lung function and respiratory system in the human population. It is further alleged that no proper method of control of pollution by the dust have been taken by the respondents.
3. The matter was taken up by this Tribunal and notices were issued to the respondent to submit the reply. The respondent had submitted the reply, which is on record. During the course of hearing a joint committee was constituted to submit the factual and action taken report.
4. The report of the committee with objection are on record. Heard the learned counsel for the parties and peruse the record. The contention of the applicant is based on a newspaper article which stated that on 30.03.2024 a newspaper article was published in the Rajasthan Patrika daily newspaper where it has been categorically stated that the pollution done by the factory of Mangalam Cement has severely affected the local 2 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors. resident and their crops. The Block Medical Officer in the news article has stated as follows:-
'The number of asthma and TB patients is very high in all the hospitals of Modak area. There are a large number of such patients in outdoor area every day.'
5. That the pollution from the factory of respondent no. 1 has not only affected the health of local residents or its workers but also affected the crops i.e. livelihood of local farmers. Surprisingly, none of the departments have taken any action against the polluter. The cement dust contains heavy metals like nickel. Cobalt, lead, chromium pollutants hazardous to the biotic environment, with adverse impact for vegetation, human and animal health and ecosystems.
6. The population most exposed to cement dust pollution includes workers and managers in cement plants and factories, families of workers and managers living in staff houses of factories, and other neighbourhood habitations. Children studying in the schools situated in proximity to factories are particularly prone to cement dust exposure. It is pertinent to mention here that the respondent no. 1 has to ensure health surveillance of its workers.
7. As the cement dust comes in contact with water, hydroxides are formed that impair natural water alkalinity. A fine layer of cement covers the surface of wells and ponds. The addition of slats of Ca, Na, K, Mg as hydroxides, sulphates and silicates affect the hardness of the water that subsequently are responsible for the respiratory and gastro-intestinal disease in the area.
8. The submission of the learned counsel for the respondent no. 3 are that the respondent/project proponent was granted mining lease through the 3 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
agreement dated 18.11.1976 which was executed in favour of respondent no. 1 and was registered on 21.04.1977 and the mining is operational since then after environmental clearance, consent to operate and other legal permissions which was required under the law.
9. A joint committee was constituted to submit the factual and action taken report and in compliance of the order the joint committee visited the site and submitted the report as follows :-
1. "In order to scrutinize the contentions presented by the applicant, the committee members conducted site visit of M/s Mangalam Cement Ltd. on 12/06/2024. During visit the committee members visited all the plants of industry, conducted ambient air and stack sampling. Also, information regarding operation of plant was obtained and the committee also reviewed the documents/details related to the matter. In addition to above, health examination of workers/laborers/residents/employees of M/s Mangalam Cement Ltd. was carried out by the team of doctors under the supervision of Medical Officer In-charge, CHC Ramganjmandi.
2. Details of industry with air & water pollution sources and pollution control measures adopted:
The main product of M/s Mangalam Cement Ltd. is Ordinary Portland Cement (OPC) and Pozzolana Portland Cement (PPC). Limestone, gypsum, red ochre, Kota stone slurry and laterite are main raw materials for manufacturing of cement. M/s Mangalam Cement Ltd. has following units operational inside the complex:
(i) Cement Plant (Unit-1, 2 and 3)
(ii) Captive Power Plant (Unit-1 and 2)
(iii) Captive limestone mine 4 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
(i) Cement Plant (Unit - 1, 2 and 3) Cement production in the industry is carried out across three units: Unit 1, Unit 2, and Unit 3. The Unit 1 and Unit 2 of the industry have their respective rotary kilns, clinker coolers, coal mills & cement mills, therefore, production of clinker and cement is carried out in Unit 1 and Unit 2. However, the Unit 3 of the industry has only a cement mill, therefore, only crushing of clinker is carried out in Unit 3.
The primary raw material for cement manufacturing is limestone, which is sourced from the industry's captive limestone mines. The limestone procured from this captive limestone mine is crushed in the stone crusher and is sent to stacker reclaimer of Unit 1 and Unit 2. Here it is pertinent to mention that the stacker reclaimer of Unit 1 is under a covered shed, however, industry has provided only temporary covering using tarpaulin sheet with the stacker reclaimer of Unit 2. It was also observed that due to gust of winds in the area, tarpaulin sheets could not contain the fugitive emissions and crushed limestone dust from the stacker reclaimer of Unit 2 was getting airborne. Since the limestone from these mines is of marginal grade, additional high-grade limestone is procured externally. In addition to above, limestone slurry waste is also utilized as a raw material.
The limestone, along with other raw materials such as laterite and bauxite is stored in curved gantries and stockpiles. However, large quantities of the raw material viz. Gypsum, limestone slurry waste etc. was found stored in the open and were temporally covered using tarpaulin sheets. It was observed that due to gust of winds in the area, tarpaulin sheets could not contain the fugitive emissions and raw materials viz. Gypsum, limestone slurry waste was getting airborne. In order to arrest the fugitive emission, the industry needs to provide additional covered storage or some other arrangements like water sprinkling system.
These raw materials are then transferred from the gantries and stockpiles to their respective hoppers via belt conveyors. From 5 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
the hoppers, the raw materials are measured in the required proportions and quantities before being fed into the raw mill for grinding. The ground mixture, known as raw meal, is then transported to the raw meal silo through air slides and elevators.
The raw meal is drawn from the silo in the necessary quantities and fed into the pre- heater via a bucket elevator. After pre-calcination, the material reaches the rotary kiln. Petcoke and coal are used as fuels to maintain the required temperatures within the kiln. These fuels are transferred through conveyor belts and stored in the coal hopper. Coal is finely ground in the coal mill and then fired in the main kiln. The rotary kiln produces clinker at temperatures ranging from 1300°C to 1400°C, which is subsequently cooled in the clinker cooler. The cooled clinker is transported and stored in the curved clinker stockpile via bucket conveyors.
To produce Ordinary Portland Cement (OPC), clinker is mixed with gypsum in specific proportions and finely ground in a cement mill. For Portland Pozzolana Cement (PPC), fly ash sourced from thermal power plants is also mixed with clinker and gypsum in the cement mill. The finished OPC and PPC cement is transported to their respective silos through air slides and stored until needed. The cement is then packaged into bags by packers according to market demand.
In addition to above unit has also provided waste heat recovery plant with the cement plant. Waste Heat Recovery Power Plant, as also clear by its nomenclature, utilizes waste heat (from hot flue/hot gases which were being discharged into atmosphere through respective stack) of the process for generation of steam (through 4 nos. of boilers viz. 11.8 TPH, 11 TPH, 14 TPH and 16.8 TPH steam generating capacity) and in turn produces 11 MW electricity (through 11 MW turbine). No additional source of air emission has been installed under this project.
The unit wise details of product, production capacity, 6 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
consent status and pollution control measures adopted with various sections of the cement plant are tabulated in Table 1 below:-
Table-1 Sr. Unit Stack Stack height Details Probable Product, No. Name attached from GL in m of APCM Pollutant Production to and status of capacity and monitoring consent facility status Cement Mill 30m, adequate Hybrid Particulate Clinker @ (170 TPH) monitoring Bag filter matter 0.99 MTPA, facility Cement @ Coal Mill 53m, adequate Bag Particulate 1.7 MTPA monitoring house matter CTO valid 1 Unit 1 facility upto Clinker 35m, adequate ESP Particulate 31/08/2024 Cooler monitoring matter Clinker 0.36 facility MTPA Rotary kiln 145m, Hybrid Particulate CTO vali upto adequate Bag matter, 28/02/2026 monitoring filter SO2, NOx facility Cement Mill 30m, adequate Hybrid Particulate Clinker @ (200 TPH) monitoring Bag filter matter 1.32 MTPA, facility Cement @ Coal Mill 65m, adequate Bag Particulate 2.3 MTPA 2 Unit 2 monitoring house matter CTO valid facility upto Clinker 39m, adequate ESP Particulate 31/07/2024 Cooler monitoring matter facility Rotary kiln 100m, Hybrid Particulate adequ Bag matter, ate monitoring filter SO2, NOx facility 3 Unit 3 Cement Mill 45m, Hybrid Particulate Cement @ (250 TPH) adequate Bag matter 6000 TPD monitoring filter CTO valid facility upto 31/08/2024 4 Waste heat Not required Not Not Waste Heat recovery plant required applicable Recovery Power Plant @ 11 MW CTO valid upto 31/07/2024 7 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
Stack monitoring of all stacks of the cement plant and captive power plant was carried out during the site visit of the industry. The analysis results of monitoring carried out on various stacks inside the industry are tabulated in Table 2 below:-
Table - 2 Sr. Unit Name Stack Consented Limit for Analyzed No. attached to PM (mg/Nm3) Results for PM (mg/Nm3) 1 Cement Unit Cement Mill 30 20 1 (170 TPH) Coal Mill (30 30 27 TPH) Clinker Cooler 30 24 Rotary kiln 30 22 Cement Mill 30 25 2 Cement Unit (200 TPH) 2 Coal Mill (280 30 23 TPH) Clinker Cooler 30 28 Rotary kiln 30 26 3 Cement Unit Cement Mill 30 23 3 (250 TPH) 4 Captive Boiler of CPP 50 25 Power Plant Unit-1 The analysis results of stack monitoring reveals that the parameter is meeting the prescribed standards laid down in consents for stack emission at all the stacks.
Cement plants require to install online gas analyzers (for PM, SO2 and NOx) with the rotary kiln for Continuous Emission Monitoring Systems. The industry has installed the same on the stacks of 2 nos. of rotary kilns and data for same is also being transmitted to RSPCB Server. In addition to above Cement plants also require to install Particulate Matter (PM) online analyzers with the stacks of cement mill, coal mill and clinker cooler for Continuous Emission Monitoring Systems. The industry has installed the same on the stacks of all 3 nos. of cement mill, 2 nos. of coal mill & 2 nos. of clinker cooler and 8 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
data for same is also being transmitted to RSPCB Server.
(ii) Captive Power Plant (Unit-1 and 2) The power requirement of the industry is met through 2 nos. of coal fired boilers of 80 TPH each which are connected to 2 nos. of turbines having capacity of 17.5 MW each. Out of these 2 nos. of boilers and turbines, only one of boiler and turbine is operational at a time and other is at standby.
The unit had obtained consent to operate for Unit-1 having power generation @ 17.5 MW vide State Board letter dated 10/06/2024 with validity upto 30/04/2029 and consent to operate for Unit-2 having power generation @ 17.5 MW vide State Board letter dated 13/01/2022 with validity upto 28/02/2027. The details of pollution control measures provided with the boilers are tabulated in Table 3 below:-
Table - 3 Stack Fuel Capacity Stack Details ofWhether APCM Sr. attached height in adequate No. to meter & safe its infrastruc adequacy tural Monitorin g Facility Provided or not?
1 Boiler of Coal 80 TPH 77m, ESP Yes
Unit-1 Adequate (4 Fields)
2 Boiler of Coal 80 TPH 77m, ESP Yes
Unit-2 Adequate (4 Fields)
Since the Boiler of Unit-2 was in standby, only the stack monitoring of the Boiler of Unit-1 was conducted. The analysis results of stack monitoring of Boiler of Unit-1 mentioned in Table 2 above reveals that the parameter is meeting the prescribed standards laid down in consents for stack emission.
Coal based power plants require to install online gas analyzers (for PM, SO2 and NOx) with the stack of boiler for Continuous Emission Monitoring Systems. The industry has installed the same on the stacks of 2 nos. of boilers and data for 9 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
same is also being transmitted to RSPCB Server.
As per 1st Revised Guidelines for Real-time Effluent Quality Monitoring System dated July, 2018 issued by CPCB, Power plants require to install online analyzers for pH, TSS and Temperature. The industry has installed online analyzers for the same and data of same is also being transmitting to RSPCB Server.
(iii) Captive limestone mine The main raw material of the cement plant is lime stone which is extracted from the industry's captive limestone mines. The limestone found in this captive limestone mine is of marginal grade.
The industry had obtained consent to operate for this captive limestone mine having M.L. No. 02/76 and lease area of 895.42 Ha for production of limestone @ 4.5 MTPA vide State Board letter dated 22/06/2022 with validity upto 30/06/2027. Mining activity in this captive limestone mine is completely carried out through open cast mechanical method. Limestone and overburden stock is mined by shovel dumper combination by making a bench of 8 meters height. In these benches, holes are made by wet drilling machine and they are broken using controlled blasting technique with the help of explosives. Thereafter, with the help of shovel dumper, limestone is sent to crusher and overburden is sent to reclamation site.
As per information provided by the industry, the pits formed after mining are back filled i.e. recharged, leveled and spread soil and plantation is carried out on the backfilled section. Rainwater collected in the mining pits is used by the industry for industrial as well as domestic consumption. Water is also continuously sprinkled on transportation road within the lease area to control fugitive emission.
In order to crush the limestone coming out of the industry's captive limestone mine, the industry has installed two crushers of 10 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
350 TPH and 550 TPH capacity which are installed in the mine lease area of the industry. The industry had obtained consent to operate for these two crushers of 350 TPH and 550 TPH capacity vide State Board letter dated 27/10/2022 with validity upto 31/10/2032. In order to control the fugitive emissions from the crushers, both of the crushers and screens have been installed in an enclosed housing, pulse jet bag filters have been provided at all transfer points and water is sprinkled on the hopper. The crushed limestone is sent to the stacker reclaimer section of the cement plant through belt conveyor from the limestone crusher. The belt conveyors used for transferring this crushed limestone is covered with tin sheets and suitable bag filters have been installed at each transfer point.
During the site visit of the industry, the ambient air monitoring was carried out at three locations inside the mining lease during day time as well as night time. The analysis results of the ambient air monitoring carried out inside the mining lease are tabulated in Table 4 below:-
Table 4 Time/ Day Night Location PM SOx NOx PM SOx NOx Parameters (µg/m3) (µg/m3) (µg/m3) (µg/m3) (µg/m3) (µg/m3) Permissible 100 80 80 100 80 80 limits Near Mines 121 9.4 31.9 58 7.5 23.1 Office Near Sonekheda 132 9.3 33.3 57 7.4 22.4 mines Near Magazine 127 8.8 32.4 51 7.5 22.8 of mines The analysis results of this ambient air monitoring of mine reveals that the ambient air samples of the unit collected during day time are not complying with the prescribed standards at all the locations. However, ambient air samples of the unit collected during night time are complying with the prescribed standards at all the locations.
11 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
Further, fugitive emission monitoring was carried out during the site visit of the industry at two locations at approx. 9m away from the working pit at the mining lease. In addition to above, fugitive emission monitoring was carried out at approx. 9m away from both of the crushers. The analysis results of the fugitive emission monitoring are tabulated in Table 5 below:-
Table - 5 SPM Location (µg/m3) Permissible limits 600 Near working pit 2 316 Near working pit 3 367 Near crusher 1 586 Near crusher 2 576 The analysis results of fugitive monitoring reveals that the parameter is meeting the prescribed standards at all the locations.
3. Ambient air monitoring carried out within and outside the industry Ambient air monitoring was carried out at 4 locations within the premises and 4 locations outside the premises of the industry during day time as well as night time. The ambient air monitoring locations were chosen so as to cover all the directions of the industry. The analysis results of the ambient air monitoring carried out inside and outside the industry are tabulated in Table 6 & Table 7 below:-
Table - 6 Consolidated Analysis Results of Ambient Air Monitoring conducted inside the industry 12 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
Time/ Day Night
Location
PM SOx NOx PM SOx NOx
Parameters (µg/ m3) (µg/ m3) (µg/ m3) (µg/ m3) (µg/ m3) (µg/ m3)
Permissible 100 80 80 100 80 80
limits
Near 152 10.4 35.4 129 8.2 27
workshop
Near
security 84 10.5 35.7 61 9.5 27.2
gate
Near rack
loading area 143 10.7 36.2 72 8.5 30.6
Near railway
gate 155 10.8 37.8 69 8 29.6
Table - 7
Consolidated Analysis Results of Ambient Air Monitoring conducted outside the industry Time/ Day Night Location Parameters PM SOx NOx PM SOx NOx (µg/m3) (µg/ m3) (µg/ m ) (µg/ m ) (µg/ m ) (µg/ m3) 3 3 3 Permissible 100 80 80 100 80 80 limits Community 142 11.9 35.2 83 8.8 25.6 centre at Sarvodaya colony Roof top of 91 10.3 35.9 71 8.1 24.5 building near guest house at Basant Vihar colony Roof top of house of Sh. 149 11.7 33.4 80 7.7 26.8 Ramji Sharma at Mahaveer Nagar Colony 33/11 KVA 146 11.1 32.8 79 7.5 26.9 Sub-station, JVVNL, Morak The analysis results reveals that ambient air samples from three of the four locations within the premises do not meet the prescribed standards during daytime hours, and one of the four locations fails to meet the standards during nighttime hours. 13
OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
The analysis results also reveals that ambient air samples from three of the four locations outside the premises do not meet the prescribed standards during daytime hours. However, ambient air samples at these locations collected during night time are complying with the prescribed standards at all the locations.
4. Non-compliances observed during visit at a glance Industry is not complying with "Environmental Guidelines for Prevention and Control of Fugitive Emissions from Cement Plants" issued by CPCB as:
a. No shed has been provided with the stacker reclaimer section of Unit 2. However, the unit has provided temporary covering using tarpaulin sheet. Nevertheless, it was observed that due to gust of winds in the area, tarpaulin sheets could not contain the fugitive emissions and crushed limestone dust from the stacker reclaimer section of Unit 2 was getting airborne. In order to arrest the fugitive emission, the industry needs to provide additional covered storage or some other arrangement like water sprinkling system. b. Large quantities of the raw material viz. Gypsum, limestone slurry waste etc. was found stored in the open and were temporally covered using tarpaulin sheets. It was observed that due to gust of winds in the area, tarpaulin sheets could not contain the fugitive emissions and raw materials viz. Gypsum, limestone slurry waste was getting airborne. In order to arrest the fugitive emission, the industry needs to provide additional covered storage or some other arrangement like water sprinkling system.
c. Though most of the internal roads are cemented, however, the cemented roads have not been provided for approach to the coal yard.
d. Industry practices manual sweeping for cleaning of 14 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
internal roads even though industry has 3 nos. of automatic road sweeping machines. However, none of these automatic road sweeping machines was found deployed during site visit.
5. Health Examination In order to examine health of workers/laborers/residents/employees of M/s Mangalam Cement Ltd., a team of three doctors was deputed under the supervision of Medical Officer In- charge, CHC Ramganjmandi on 14/06/2024. The observations of the team are as under:
a. The industry M/s Mangalam Cement Ltd. has two residential colonies namely Sarvodaya Vihar and Vasant Vihar, adjacent to the plant, where the workers/laborers/residents/employees of the industry reside. A random health checkup of 220 workers/laborers/residents/employees was carried out, taking into consideration the duration of their employment or service with M/s Mangalam Cement Ltd.
Sr. Duration of the Number of
No. employment/service workers/laborers and
employees
1 0 to 10 years 61
2 11 to 20 years 75
3 21 to 30 years 65
4 31 to 40 years 19
Total 220
b. During the health checkup of above individuals, the team of doctors reviewed their past medical history, consulted them regarding any ongoing health issues (if any), and diagnosed lung-related problems based on blood samples, sputum analysis, and x-ray analysis as needed. c. Among the 220 individuals checked, four were suspected of having tuberculosis based on their x- 15 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
ray reports. Blood and sputum samples were then taken from these four individuals. The analysis results of these samples revealed that they were not suffering from any lung ailments.
d. Thus, the health examination found no individuals suffering from lung ailments. Therefore, it cannot be concluded that lung-related health issues are caused by M/s Mangalam Cement Ltd.
e. Regarding the news article published in Rajasthan Patrika on 30/03/2024 as reffered by the applicant in its application before the Hon'ble NGT, information on number of ongoing cases of tuberculosis patients in the nearby area was sought from CHC Modak, Budhkhan Subcentre of CHC Chechat and PHC Modak Gaon. These health centers reported a total 26 number of ongoing cases of tuberculosis patients in the area (16 cases of CHC Modak, 2 cases of Budhkhan Subcentre of CHC Chechat and 8 cases of PHC Modak Gaon). In addition to above, District Tuberculosis Prevention Centre, Kota reported no cases of silicosis in the vicinity of M/s Mangalam Cement Ltd.
6. Conclusion a. The industry has adopted pollution control measures at all units of the cement plant and captive power plant. Additionally, the stack monitoring results for all stacks, as mentioned in Table 2, comply with the consented parameters, indicating that the pollution control measures for the process stacks are adequate. However, the ambient air monitoring results at some locations did not meet the prescribed standards. This is due to the industry's inadequate arrangements for controlling fugitive emissions.
16 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
b. The population of Modak, Ramganjmandi is approximately 45,000 and with 26 ongoing cases of tuberculosis, the incidence appears to be within normal range. Additionally, health checkups of workers, laborers, and other employees revealed no cases of lung ailments. Therefore, role of M/s Mangalam Cement Ltd. for causing lung- related health issues cannot be established.
7. Action Taken On the basis of non-compliances observed i.e. inadequate arrangements for control of fugitive emission, directions for deposition of interim environmental compensation of Rs.48,10,000/- under section 33A of the Water Act, 1974 and section 31A of the Air Act, 1981 has been issued to the industry vide State Board's letter dated 18/07/2024."
8. The submission of the respondent no. 4 are that on the basis of non-
compliance as reported and observed by the committee environmental compensation was assessed and notices were issued under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974 and Section 31A of the The Air (Prevention and Control of Pollution) Act, 1981 and in compliance of that amount of Rs. 4810000/- has been deposited to the account of RSPCB, and accordingly the compliances of the report submitted by the joint committee has been made.
9. The applicant has filed the objection against that the joint committee report which says that the joint committee has only examined the workers, labourers, residence, employees of respondent no. 1 who might have not disclosed their health issues under the threat of loss of their jobs and further that the non-compliances at point no. 7 shows that raw material, Gypsam, Limestone, slurry, waste were found in open area and 17 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors. this waste were getting air borne. It is further submitted that a report from the medical and revenue department is required to be called on this subject.
10. In reply to the above contention learned counsel for the State PCB and the project proponent has submitted that the Chief Medical and Health Officer, Kota was nominated in the committee and the report of the committee includes expert report of the medical department, thus, contention of the learned counsel for the applicant are not tenable on that point.
11. Learned counsel for the project proponent- respondent no. 1 has argued that the project proponent i.e. the answering respondent -M/s Mangalam Cement Limited is a company incorporated under the Companies Act, 1956 and was incorporated on 27.10.1976. The company being a part of the B. K. Birla Group of companies and established by Sh. B.K. Birla, a colossus, eminent and illustrious industrialist of the country, is engaged in the business of manufacturing cement by extracting limestone and minerals from the area granted on lease by the State of Rajasthan. The company is in the said business from last five decades and had been an instrumental part in the development of the country by not only contributing to the GDP of the country but also uplifting the marginal sections of the society by providing them employment and developing the area around where the industry operates.
12. There is nothing on record to show that the applicant had approached the authorities in regards to allegations of violation of environmental laws levelled against the answering respondent. Had there been any inaction on the part of the authorities or the answering respondent to address the grievance of the applicant then only the applicant ought to 18 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors. have approached the Hon'ble Tribunal. That the Hon'ble Supreme Court of India in State of U.P. v. Uday Education & Welfare Trust, 2022 SCC OnLine SC 1469 with regards to the bonafide of the litigant observed that -
"99. We find that before a litigant is permitted to knock the doors of justice and seek orders which have far reaching effects of affecting the employment of thousands of persons, stopping investment in the State, prejudicing the interests of the farmers; the credentials and bonafides of the applicants must be tested......"
13. That the Hon'ble Supreme Court in Holicow Pictures (P) Ltd. v. Prem Chandra Mishra, (2007) 14 SCC 281 which is also followed by this Hon'ble Tribunal has held that great circumspection is required in the cases of the petitions styled as public interest litigations. The relevant paragraph from the said judgment is :
"13. Public interest litigation is a weapon which has to be used with great care and circumspection and the judiciary has to be extremely careful to see that behind the beautiful veil of public interest an ugly private malice, vested interest and/or publicity-seeking is not lurking. It is to be used as an effective weapon in the armoury of law for delivering social justice to the citizens. The attractive brand name of public interest litigation should not be used for suspicious products of mischief. It should be aimed at redressal of genuine public wrong or public injury and not publicity-oriented or founded on personal vendetta. As indicated above, the court must be 19 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors. careful to see that a body of persons or member of public, who approaches the court is acting bona fide and not for personal gain or private motive or political motivation or other oblique considerations. The court must not allow its process to be abused for oblique considerations by masked phantoms who monitor at times from behind. Some persons with vested interest indulge in the pastime of meddling with judicial process either by force of habit or from improper motives, and try to bargain for a good deal as well to enrich themselves. Often they are actuated by a desire to win notoriety or cheap popularity. The petitions of such busybodies deserve to be thrown out by rejection at the threshold, and in appropriate cases with exemplary costs.
15. The court has to be satisfied about (a) the credentials of the applicant; (b) the prima facie correctness or nature of information given by him; (c) the information being not vague and indefinite. The information should show gravity and seriousness involved. The court has to strike a balance between two conflicting interests : (i) nobody should be allowed to indulge in wild and reckless allegations besmirching the character of others; and (ii) avoidance of public mischief and to avoid mischievous petitions seeking to assail, for oblique motives, justifiable executive actions. In such case, however, the court cannot afford to be liberal. It has to be extremely careful to see that under the guise of redressing a public grievance, it does not encroach upon the sphere reserved by the Constitution to the executive and the 20 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
legislature. The court has to act ruthlessly while dealing with imposters and busybodies or meddlesome interlopers impersonating as publicspirited holy men. They masquerade as crusaders of justice. They pretend to act in the name of pro bono publico, though they have no interest of the public or even of their own to protect.
and that in compliance of the report submitted by the committee the project proponent has adopted air pollution control measures at all units of the cement plant and captive power plant and they complied with the concerned parameters.
14. It is further submitted that the after the health checkup, the team of doctors found that lung related ailments are not attributed to the operation of the plant by the answering respondent herein. Therefore, it is submitted that the contents of the newspaper article which alleged that nearby people are getting lung related disease due the industry of the answering respondent being operated is false and levelled with political vendetta and hence, the allegations levelled by the applicant based on this report deserves to be dismissed as the same has been completely rejected by the Expert Joint Committee.
15. That on the day of visit and inspection i.e. 12.06.2024, the month of June being the month of heavy and gusty winds due to the upcoming/ongoing monsoon, the winds were more than usual which is apparent from the wind report which suggests that at 2:30 PM, 5:30 PM and 11:30 PM winds were blowing at twice the speed than usual or other time period of the day which resulted in the marginally higher ambient air quality at rack loading area and railway gate area as stated in Table 6 of the Joint Committee Report. It is pertinent to mention that these are 21 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors. open spaces and therefore, the speed of wind assumes important characteristic in determining the air/dust quality of the particulate matter in the air and therefore, due to gusty winds, the parameters were recorded marginally high. It is further submitted that the parameters are marginally/nominally high and there is no such huge or abrupt variation from the prescribed limits and therefore, speed of the winds is a contributing factor which should also be taken into consideration which the Joint Committee has failed to take note of. Further, it is supported by the fact the security gate which is a closed area and therefore, around it, the results are within the prescribed limit.
16. That the plant is nearby the PWD road and at the time of the inspection, construction work of the PWD road was going on which led to the passing of the heavy vehicles which generated fugitive dust. Further, as enumerated above, there was heavy thunderstorms on 12.06.2024, occurred during monitoring period. Due to the said factor, the air quality standard for PM10 particles may have exceeded the prescribed norms.
17. The Joint Committee has not found presence of any metals such as Calcium, Magnesium, Sodium etc. as mentioned by the applicant which suggests that the answering respondent has not been found to be polluting the air and water as described by the applicant in its application. Further, the reference to other metals such as Nickle, Cobalt etc. in the order dated 30.04.2024 of this Hon'ble Tribunal is based on the study annexed by the applicant. It is submitted that the said study is a general study conducted in the year 2011. The said study is not directed towards the answering respondent but to the cement industry as a whole and provides for the remedial measures to avoid the complications due to cement dust. It is pertinent to mention that pursuant to the said study, the relevant authorities have already been 22 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors. framing the guidelines to operate from time to time and granting consent to operate on the basis of such guidelines. The measures enumerated in the said guidelines adequately take care of the concerns raised in the study and guidelines provides for the strict compliance so that pollution from the cement dust is minimized or regularized, and under such circumstances, the answering respondent has been regularly and in letter & spirit had been following and complying with the guidelines issued by the pollution control board and other authorities. It is humbly submitted that Joint Committee did not find any of such metal or other concerns raised in the study which itself suggests that answering respondent is complying worth the prescribed guidelines and therefore, have been found not to be polluting the environment.
18. It is also submitted that bag filters have been installed at all the transfer points and conveyor belts used for material transport are fully covered. Additionally, all the raw materials and final products are stored in silos and covered sheds. In compliance with the conditions of EC, the Unit has installed adequate mechanisms for dealing with fugitive emissions in the plant vicinity and same is being uploaded online through the website of the pollution control board.
19. That the Gypsum and Limestone slurry has been covered with the shed.
At the time of inspection Rainy Stock material was found stored in the open. Pursuant to it, the same has been consumed and is covered with the sheds and sheets. Pursuant to the inspection, the answering respondent have not only consumed the excess gypsum but has also ensured that gypsum stock is commensurate with the required quantity and the same has been covered also with shed. Furthermore, the answering respondent has installed water spray system so as to ensure that the particles do not get airborne. It is also pertinent to mention that 23 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors. gypsum inherently contains 10% moisture content in it, due to which it does not have the tendency to fly or escape in the environment causing air pollution. Nevertheless, the answering respondent has installed the additional water spray system to address the concerns of the Joint Committee.
20. Further, monitoring of the gypsum yard and emissions from it is carried out by laboratory accredited by MoEF&CC and National Accreditation Board for Testing and Calibration Laboratory (NABL) and the data of which is sent to the Regional Office of the MoEF&CC, SPCB and CPCB on a regular basis-quarterly as a part of compliance of the conditions enumerated in the Environmental Clearance granted to the unit.
21. The unit was already having a partially cemented road leading to the coal yard at the time of submitting the reply on 10.07.2024 and committed that the fully cemented road will be completed by 25.11.2024. It is submitted that the answering unit in its obligation to fulfill the commitment has already completed and constructed the road to the coal yard which can be seen from the picture.
22. It is submitted that the answering respondent has put in place adequate infrastructure and measures to address all the concerns that have been raised by the Joint Committee in its Report dated 29.07.2024. Furthermore, as discernible from the report, the unit has complied with most of the terms of the consent to operate and EC and there were some minor violations, particularly marginally high air ambient quality which the unit has addressed pursuant to the reply dated 10.07.2024 by constructing wind breaking wall, cemented road and installing water spraying system thereby incurring a total expenditure around Rs One crores and that the air quality of the answering respondent's plant and mining unit have always been within the permissible limits prescribed by 24 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors. law. The online monitoring system monitors the emissions from the unit of the answering respondent 24 x7 and no violations can go unaddressed on the server. In case the server collects data and finds that the emissions are beyond the prescribed limits, then alerts are popped up and the Unit has to provide satisfactory replies to the Pollution Control Board for the said violation.
23. The Answering respondent has also consciously invested in a robust Corporate Social Responsibility (CSR) Programme, which interalia includes measures & support extend by way of :
(a) Promotion of Education through Scholarships and assistance in kind;
(b) Health programmes
(c) Sustainable livelihood programmes
(d) Schemes for Infrastructural Development
(e) Measures for Social Empowerment and welfare
(f) Distribution of Healthcare products and Covid 19 Relief and assistance
(g) Assistance to nearby villages and rural development
(h) Women Empowerment and Vocational Skill
(i) Promoting Education and Rural Development projects.
(j) Answering Respondent has opened the school for the children of the workers and employees working in the unit.
Further, the school is also accessible for the children of the villagers.
It is further submitted that answering respondent's obligation towards the CSR expenditure for the Financial Year 2023-2024 was Rs 200.17 lacs, and against the same, the answering respondent has 25 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors. surpassed the said obligation and incurred a total expenditure of Rs 216.60 lacs towards the CSR obligation during the Financial Year 2023- 2024.
24. That the unit apart from the terms mentioned in the EC or the consent to operate has suo moto taken following steps to reduce its carbon footprint and promote sustainable development while preserving the environment :
I. Twelve (12) number of electric vehicles have been procured which has replaced the diesel vehicles to operate in and around the industry to reduce the carbon footprint and built an eco-friendly zone. II. The unit is trying to use and run on renewable energy as much as possible. The unit has installed a Windmill with the capacity of 13.65 MW and Waste Heat Recovery Power Plant having capacity of 11 MW plant. III. Further, renewable Solar Energy plants have been installed at answering respondent's Aligarh Plant with capacity of 55,000/- unit per month and outsourcing about 30,00,000/- unit per month at Morak Plant in Rajasthan.
IV. Bag Filters have been installed at all the transfer points. All conveyor belts used for material transports are covered.
V. Fly Ash is stored in silos. All the roads inside the plant have been cemented to control emissions from vehicles and dust. Sweeping machines are continuously used to clean the roads and other places in the plant. 26 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
VI. All types of raw materials and final products are kept in suitable covered sheds.
25. An another report has been called from the State PCB with regard to the compliance of the conditions and the State PCB constituted a committee of two members who submitted the report as follows :-
"The unit M/s Mangalam Cement Ltd. was inspected by undersigned official on 20/11/2024 in order to verify the rectification of non-compliances observed during site visit dated 12/06/2024 by the members of joint committee (formed by Hon'ble National Green Tribunal in the matter of O.A. No. 101/2024(CZ), Naimuddin v/s State of Rajasthan & Ors.). The pointwise status of non-compliances are as under:
Sr. No. Non-compliances observed during site Non-compliances visit dated 12/06/2024 observed during site visit dated 12/06/2024 1 No shed has been provided with the Now the industry has stacker reclaimer section of Unit 2. provided wind However, the unit has provided breaking walls of 300 temporary covering using tarpaulin m length on both sides sheet. Nevertheless, it was observed of the stacker reclaimer that due to gust of winds in the area, section of Unit 2 having tarpaulin sheets could not contain the height of approx. 11 fugitive emissions and crushed feet. Moreover, the limestone dust from the stacker industry has provided reclaimer section of Unit 2 was getting 8 nos. of rain gun airborne. In order to arrest the fugitive nozzles on both sides emission, the industry needs to provide of the stacker reclaimer 27 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
additional covered storage or some section of Unit 2 for other arrangement like water water sprinkling sprinkling system. (photograph enclosed).
It was observed that.
crushed limestone dust
was not getting
airborne due
arrangement.
2 Large quantities of the raw material Industry has now
viz. Gypsum, limestone slurry waste stored most of the raw etc. was found stored in the open and materials under were temporally covered using covered shed. Some of tarpaulin sheets. It was observed that raw materials stored due to gust of winds in the area, outside the shed is tarpaulin sheets could not contain the now covered with fugitive emissions and raw materials better arrangements of viz. Gypsum, limestone slurry waste tarpaulin with caging was getting airborne. In order to arrest system of bamboos the fugitive emission. the industry (photograph enclosed). needs to provide additional covered It was observed that, storage or some other arrangement like raw material was not water sprinkling system. getting airborne due to this arrangement.
3 Though most of the internal roads are Industry has now cemented, however, the cemented constructed 360 m of roads have not been provided for cement concrete road approach to the coal yard. for approach to the coal yard 4 Industry practices manual sweeping Industry practices for cleaning of internal roads even manual sweeping for though industry has 3 nos. of cleaning of internal automatic road sweeping machines. roads even though However, none of these automatic road industry has 3 nos. of sweeping machines was found automatic road deployed during site visit. sweeping machines. 28 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
However, none of these
automatic road
sweeping machines
was found deployed
during site visit.
26. The project proponent has submitted the additional reply with the facts that all the compliance have been strictly observed and that green belt area has been developed which is approximately 33 % of the total plant area under the consultation and DFO and that the answering respondent has installed 4 ESPs and 7 Bag Filters across various stages of the plant. The combination of these two systems ensures a high level of dust collection with an efficiency of approximately 99.90%. As a result, the dust emission level is maintained below 30 mg/Nm³, which is well within the prescribed limits. The following is the table of stages where ESP and bag filters are installed -
Sr. Unit Stack Stack height Details of
No. Name attached from GL in m APCM
to and status of
monitoring
facility
Cement Mill 30m, adequate Hybrid
(170 TPH) monitoring facility Bag filter
Coal Mill 53m, adequate Bag house
monitoring facility
1 Unit 1 Clinker Cooler 35m adequate ESP
monitoring facility
Rotary kiln 145m, adequate Hybrid Bag
monitoring facility filter
Cement Mill 30m, adequate Hybrid
(200 TPH) monitoring facility Bag filter
Coal Mill 65m, adequate Bag house
monitoring facility
2 Unit 2 Clinker Cooler 39m, adequate ESP
monitoring facility
Rotary kiln 100m, adequate Hybrid Bag
monitoring facility filter
29
OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
3 Unit 3 Cement Mill 45m, adequate Hybrid Bag
(250 TPH) monitoring facility filter
4 Waste heat recovery Not required Not required
plant
27. That the uses of ESP and Bag Filters are different as per their function and accordingly they are deployed at the stage for which it is best suitable. Their efficacy is also different. The ESP uses an electrostatic charge to capture dust particles, making it highly effective for high- temperature gas emissions, which are common in industrial plants. ESPs are particularly useful for controlling particulate matter in gases that are too hot for other types of equipment.
The Bag Filter/Bag House act as physical barriers to dust, allowing air to pass through while trapping the particulate matter. The bag filters are installed at all material transfer points within the plant. This helps ensure that dust is effectively contained and controlled before being released into the environment. As per the study conducted regarding the cement plant dust emissions, it was observed that Bag Filter system can reduce significantly dust emission from 30 to 6 mg/m³ and in the same time reducing CO2 emission by 0.24 ton/year from the electricity consumption saving.
28. The Learned Counsel for the applicant has relied a research paper and report submitted by Mr. Vijay Sankar Singh, the then Principal Secretary Environment and Forest, Government of Rajasthan and Chairperson Rajasthan State Pollution Control Board, Jaipur, on the topic Human Health Risk Due To Cement Dust Disposal, Policy Brief and key facts have been enumerated as follows:-
30
OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors. • "Some of the initial studies have shown that the incremental individual risk due to emissions of the cement plant is very low not only with regard to health effects, but also in relation to toxicological and cancer risks produced by pollutants emitted by the cement kiln (see, for example, Schuhmacher et al. 2004), but that conclusion has been challenged. Similarly, earlier conclusion that long-term exposure to cement dust does not lead to higher morbidity of severe respiratory disease than other types of blue collar work (Vestbo and Rasmussen 1990) has also been challenged.
• Studies have shown that adverse respiratory health effects seen in the people exposed to cement dust, exemplified in increased frequency of respiratory symptoms and decreased ventilatory function, observed among cement workers could not be explained by age, BMI and smoking, thus are likely to be caused by exposure to cement dust (Al‐Neaimi et al 2001).
• Cement dust contains heavy metals like nickel, cobalt, lead, chromium, pollutants hazardous to the biotic environment, with adverse impact for vegetation, human and animal health and ecosystems (Baby et al. 2008). • The population most exposed to cement dust pollution includes workers and managers in cement plants and factories, families of workers and managers living in staff houses of factories, and other neighbourhood habitations. Children studying in the schools situated in proximity to factories are particularly prone to cement dust exposure. 31 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
• Several studies have demonstrated linkages between cement dust exposure, chronic impairment of lung function and respiratory symptoms in human population. Cement dust irritates the skin, the mucous membrane of the eyes and the respiratory system. Its deposition in the respiratory tract causes a basic reaction leading to increased pH values that irritates the exposed mucous membranes (see, Zeleke et al. 2010, and references cited therein).
• Occupational cement dust exposure has been associated with an increased risk of liver abnormalities, pulmonary disorders, and carcinogenesis. Decreased antioxidant capacity and increased plasma lipid peroxidation have been posed as possible causal mechanisms of disease (Aydin et al. 2010).
• Total cement dust exposure has been found to be related to acute respiratory symptoms and acute ventilatory effects. Implementing measures to control dust and providing adequate personal respiratory protective equipment for the production workers are highly recommended (Zeleke et al. 2010).
• Chronic exposure to Portland cement dust has been reported to lead to a greater prevalence of chronic respiratory symptoms and a reduction of ventilatory capacity. The seriousness of pulmonary function impairment and respiratory disease has not been consistently associated with the degree of exposure (Al‐Neaimi et al 2001).
32 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
• Inhalable dust concentrations in cement production plants, especially during cleaning tasks, are usually considerably higher than at the construction site (Peters et al. 2009). • People of cement dust zone area badly affected by respiratory problems, gastrointestinal diseases etc (Adak et al. 2007).
• The observed acute respiratory health effects among the workers are most likely due to exposure to high concentrations of irritant cement dust. The results also highlight the usefulness of the questionnaire for health surveillance of the acute respiratory health effect (Mwaiselage et al. 2006).
• Diseases such as chest pain, cough, and eye problems in the villages affected by cement dust are likely to be derived due to cement dust. Indeed, the higher percentage of related diseases occurs near the source of pollutant. A relative risk ratio assessment indicates that the exposed subjects are 7.5 and 22.5 times as likely to develop the disease during the follow-up period compared to the unexposed subjects (Yhdego 1992).
• A study to evaluate the mutagenic effects of occupational exposure to cement dust in such workers concludes that the chromosomal damage was more pronounced in the workers who are also smokers when compared with the non-smokers both in control and exposed groups. A significant increase in the frequency of chromosomal aberrations was also observed with increase in age in both control and exposed subjects (Fatima et al. 2001). 33 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
• There is good evidence for cement dust exposure acting as a tobacco, alcohol and asbestos independent risk factor for laryngeal carcinoma (Dietz et al. 2004).
• As the cement dust comes in contact with water, hydroxides are formed that impair natural water alkalinity. A fine layer of cement covers the surface of wells and ponds. The addition of salts of Ca, Na, K, Mg and Al as hydroxides, sulfates and silicates affect the hardness of the water that subsequently are responsible for the respiratory and gastro-intestinal diseases in the area (Mishra 1991).
• The results obtained from the analysis of the production process and of the exposure levels determined by the cement workers showed that it is possible to reconstruct the history of exposure to cement dust during each worker's occupational history. The results also showed that estimated exposure is related to respiratory damage; higher exposure resulted in more serious diseases (Alvear- Galindo et al. 1999).
Key Recommendations in Brief • In order to minimize the human health risk due to cement dust exposure the factory managers are necessarily required to put in place the latest technology, management systems and continuous online monitoring, and routinely implement the activities that facilitate adherence to the 34 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
emission norms prescribed under the pollution control legislation. In addition to implementing the technological and managerial measures to control dust and other emissions, it is also necessary to provide adequate personal respiratory protective equipment for the chronically exposed people.
• In doing business, it pays to be transparent. Companies that practice proactive disclosure of status of emissions are perceived to be more ethical and environmentally responsible. The state agencies responsible for enforcement of pollution control norms such as RSPCB, governments, social activists, and the media have become increasingly capable at holding business houses accountable for the social, economic and environmental consequences of their industrial operations. Thus, for the benefit of workers and family members living in staff houses located in the factory premises or in close proximity, companies must install both continuous real- time online emission monitoring systems in the factory as well as provide continuous electronic display boards for that data in prominent places of factory premises including at the factory gate, schools and staff housing colonies. • While deciding on the location of staff dwelling houses and schools new and upcoming cement plants should keep in mind the prevailing wind direction in the region. For example, as the predominant wind direction in Rajasthan is South West to North East, hence placement of schools and staff colonies ideally need to be located either in South 35 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
West, South or South East of the cement plant. It should never ever be located in the North East direction. In addition, the staff houses and schools located in proximity to cement plants should be designed with the aim to achieve zero in-house dust exposure. As children studying in the schools situated in proximity to factories are particularly prone to cement dust exposure, the school buildings and rooms are required to be equipped with efficient and perpetually functioning dust capture devices. • Staff colonies and schools in factory premises are also required to be isolated from the industrial production plants with robust green-belts, plantation strips and shelterbelts. The species with high pollution tolerance index can be planted in several rows. Among the trees, some of these species include Azadirachta indica, Albizzia lebbek, Aegle marmelos, Annona squamosa, Bambusa bambos, Butea frondosa, Cassia fistula, Cordia myxa, Delonix regia, Ficus religiosa, Ficus bengalensis, Ficus glomerata, Ficus infectoria, Feronia elephantum, Holoptelea integrifolia, Mangifera indica, Moringa oleifera, Pithecolobium dulce, Phyllanthus emblica, Psidium guajava, Putranjiva roxburghii, Saraca asoka, Tamarindus indica, Terminalia arjuna, Zizyphus mauritiana, and Zizyphus jujube. Among the shrubs, some of the species are Bougainvillea spectabilis, Calotropis gigantia, Calotropis procera, Capparis zeylanica, Croton bomplandianum, Duranta plumieri, Hibiscus rosasinensis, Ricinus communis, and Nerium odorum. Among the 36 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
herbaceous plants Achyranthus aspera has a very high air pollution tolerance index.
• Creating green-belts takes time. However, some innovations in planting technology can generate instant green cover within a time span of six to 12 months. The good idea is to use 2.5 to 3 meters tall saplings for planting. In addition, stake planting for some species that are able to regenerate from stem cuttings can provide quick results. Experience in Rajasthan has shown that 2 to 3 meters tall stem cuttings of Ficus species (species such as Bargad and Peepal) can provide excellent results. Stem cuttings also develop more rapidly both above and belowground biomass than seedlings.
Annotated References ▪ Adak, M. D., S. Adak and K. M. Purohit (2007). "Ambient air quality and health hazards near mini cement plants." Pollution Research 26(3): 361- 364.
Mandiakudar is a rural area near Rourkela, the steel city of Orissa. A large number of mini cement plants are in operation in and around Rourkela. The particulate matters of the dust exhausted from the cement plants are released to the air and it creates considerable environmental pollution. In order to monitor the ambient air quality of Mandiakudar based on suspended particulate, sulphur dioxide (SO2) and oxides of nitrogen (NOx) a fact-finding survey was conducted for a period of three years from 2001 to 2003. The amount of different 37 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
pollutants are compared with the standard limits recommended by Central Pollution Control Board (CPCB) and air quality parameters and/or air quality indices (AQI) are also worked out on that basis. It is also found that the people of this area badly affected by respiratory problems, gastrointestinal diseases etc. ▪ Al‐Neaimi, Y. I., J. Gomes and O. L. Lloyd (2001). "Respiratory illnesses and ventilatory function among workers at a cement factory in a rapidly developing country." Occupational Medicine 51(6): 367-373.
Chronic exposure to Portland cement dust has been reported to lead to a greater prevalence of chronic respiratory symptoms and a reduction of ventilatory capacity. The seriousness of pulmonary function impairment and respiratory disease has not been consistently associated with the degree of exposure. Regular use of appropriate personal protective equipment, if available at the worksite, could protect cement workers from adverse respiratory health effects. For a variety of reasons, industrial workers in rapidly developing countries do not adequately protect themselves through personal protective equipment. This study explores the prevalence of chronic respiratory symptoms and ventilatory function among cement workers and the practice of use of personal protective equipment at work. An interviewer‐administered 38 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
questionnaire was used to collect information on sociodemographic characteristics, smoking profile and history of respiratory health among workers at a Portland cement plant (exposed) and workers occupationally unexposed to dust, fumes and gases (unexposed). Pulmonary function was assessed and pulmonary function impairment was calculated for the exposed and the unexposed workers. A higher percentage of the exposed workers reported recurrent and prolonged cough (30%), phlegm (25%), wheeze (8%), dyspnoea (21%), bronchitis (13%), sinusitis (27%), shortness of breath (8%) and bronchial asthma (6%). Among the unexposed, prevalences of these symptoms were 10, 5, 3, 5, 4, 11, 4 and 3%, respectively.
Ventilatory function (VC, FVC, FEV1, FEV1/VC, FEV1/FVC and PEF) was significantly lower in the exposed workers compared with unexposed workers. These differences could not be explained by age, body mass index (BMI) or pack‐years smoked. Ventilatory function impairment, as measured by FEV1/FVC, showed that 36% of the exposed workers had some ventilatory function impairment compared with 10% of those unexposed. Certain jobs with greater exposure to cement dust had lower ventilatory function compared with others among the exposed workers. It was concluded that adverse respiratory health effects (increased frequency of respiratory symptoms and decreased ventilatory function) observed among cement 39 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
workers could not be explained by age, BMI and smoking, and were probably caused by exposure to cement dust.
▪ Alvear-Galindo, M.-G., I. Mendez-Ramirez, J.-A. Villegas- Rodriguez, R. Chapela-Mendoza, C.-A. Eslava-Campos and A.- C. Laurell (1999). "Risk Indicator of Dust Exposure and Health Effects in Cement Plant Workers." Journal of Occupational and Environmental Medicine 41(8): 654-661.
A frequent practical problem of research in developing countries is the lack of reliable records on occupational hazards. To improve this situation, this article suggests and evaluates a two-phase method for estimating particle exposure. The first phase uses the focal group, or homogeneous group, technique to reconstruct the production process and estimate the level of dust exposure. The second phase applies the technique of individual history of exposure to hazards at work, an index that accumulates current and previous exposure. This method was introduced in a Portland cement plant to assess the dust-exposure levels of workers and to evaluate its usefulness in the association between estimated exposure levels and the frequency of health effectsparticularly respiratory effects-that occurred as a result of such exposures. The results obtained from the analysis of the production process and of the exposure levels determined by the cement workers showed that it is possible to reconstruct the history of exposure to cement dust during each worker's 40 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
occupational history. The results also showed that estimated exposure is related to respiratory damage; higher exposure resulted in more serious diseases. This supports the usefulness of the suggested methodology.
▪ Aydin, S., S. Aydin, G. Croteau, Í. Sahin and C. Citil (2010).
"Ghrelin, Nitrite and Paraoxonase/Arylesterase Concentrations in Cement Plant Workers." Journal of Medical Biochemistry 29(2): 78-83.
Occupational cement dust exposure has been associated with an increased risk of liver abnormalities, pulmonary disorders, and carcinogenesis. Decreased antioxidant capacity and increased plasma lipid peroxidation have been posed as possible causal mechanisms of disease. Accordingly, this study examined the serum paraoxonase (PON1) arylesterase (AE), ghrelin, HDL-C, LDL-C and serum nitrite (NOx) levels in cement dust exposed workers. Twenty-eight volunteer male cement plant workers and 30 volunteer control male workers, aged 29-54 years, participated. The concentrations of serum PON1, AE, NOx, ghrelin, and HDL-cholesterol were lower in the cement plant workers than in controls. Serum nitrite (NOx), and LDL-C levels in cement plant workers were higher (p<0.05) than in the control group workers. No correlation was observed between the serum levels of HDL-cholesterol and PON1 41 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
and between HDL-cholesterol and ghrelin. A weak negative correlation was detected between the serum ghrelin and NOx. The study results strongly suggest that HDL-paraoxonase, AE, ghrelin, HDL-C, and high NOx, and LDL-C levels may have a role in disease involving oxidative damage. However, some studies are necessary to address the association between occupational dust exposure and respiratory symptoms. ▪ Baby, S., N. A. Singh, P. Shrivastava, S. R. Nath, S. S. Kumar, D. Singh and K. Vivek (2008). "Impact of dust emission on plant vegetation of vicinity of cement plant." Environmental Engineering and Management Journal 7(1): 31-35.
Environment is a major issue which confronts industry and business in today's world on daily basis. Different industrial activities are degrading various environmental components like water, air, soil and plant vegetation. Cement industry is one of the 17 most polluting industries listed by the Central Pollution Control Board (CPCB). The Jaypee Rewa Cement industry, Rewa, Madhaya Pradesh is located between 24° 33' North longitude and 81° 10' east latitude and is situated at Jay Prakash Nagar 20 km from Rewa Town of Madhya Pradesh, India. The Jaypee Rewa Cement industry is the major source of particulate matters, SO, NO, and CO2, emissions. Cement dust contains heavy metals like nickel, cobalt, lead, chromium, pollutants hazardous to the biotic environment, with impact for vegetation, human and animal health and ecosystems. Present paper 42 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
attempts to focus on impact of cement emission on plant vegetation.
▪ Dietz, A., H. Ramroth, T. Urban, W. Ahrens and H. Becher (2004).
"Exposure to cement dust, related occupational groups and laryngeal cancer risk: Results of a population based case-control study." International Journal of Cancer 108(6): 907-911.
A population-based case-control study was performed in the RheinNeckar region, Germany, to evaluate occupational risk factors for the development of laryngeal cancer ("Rhein- Neckar-Larynx Study"). Between May 1998 and December 2000, 257 patients (236 males, 21 females), aged 37-80, with histologically confirmed laryngeal cancer, as well as 769 population control persons (702 males, 67 females), were included (1:3 frequency matched by age and sex). History of occupational exposures, as well as other risk factors (tobacco, alcohol), was obtained with face-to-face interviews using a detailed standardized questionnaire. The complete individual work history was assessed. A detailed assessment of work conditions was obtained by job-specific questionnaires (JSQs) for selected jobs known to be associated with exposure to potential laryngeal carcinogens. Estimates for total exposure hours by substance were calculated based on JSQs. Published occupational hygiene data were used to infer semiquantitative scores of exposure intensity for specific job tasks. After adjustment for tobacco and alcohol intake, a significant elevated odds ratios (OR) could be demonstrated 43 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
for persons that were exposed to cement during their work as building and construction workers. An OR of 2.42 was calculated for workers of the high exposed subgroup (95% confidence interval: 1.14-5.15; p < 0.001). Smoking was the main confounding factor because the unadjusted cement OR of 3.20 dropped down to 2.42 after adjustment for tobacco intake. Authors conclude that there is good evidence for cement dust exposure acting as a tobacco, alcohol and asbestos independent risk factor for laryngeal carcinoma. ▪ Fatima, S. K., P. A. Prabhavathi, P. Padmavathi and P. P. Reddy (2001). "Analysis of chromosomal aberrations in men occupationally exposed to cement dust." Mutation Research/Genetic Toxicology and Environmental Mutagenesis 490(2): 179-186.
Cement industry is considered as a major pollution problem on account of dust and particulate matter emitted at various steps of cement manufacture. Cement dust consists of many toxic constituents. The workers who are employed in cement industries are exposed to cement dust for long periods. Therefore, it is mandatory to evaluate the mutagenic effects of occupational exposure to cement dust in such workers. In the present study, authors analyzed the samples of 124 male workers including 59 smokers and 65 non-smokers who were employed in cement industry for a period of 1-17 years. For comparison, 106 controls (including 47 smokers and 59 non-smokers) of the same age group 44 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
and socio-economic status were also studied. Controls had no exposure to cement dust or any known physical or chemical agent. A significant increase in the incidence of chromosomal aberrations was observed in the exposed group when compared to the control group. The results were analyzed separately for non-smokers and smokers. The chromosomal damage was more pronounced in the smokers when compared with the non-smokers both in control and exposed groups. A significant increase in the frequency of chromosomal aberrations was also observed with increase in age in both control and exposed subjects.
▪ Fatima, S. K., C. V. Ramana Devi, P. A. Prabhavathi and P. P. Reddy (1997). "Blood serum protein and calcium levels in Portland cement factory workers." Indian Journal of Environment and Toxicology 7(2): 56-57 Serum, specimens from 78 workers exposed to cement dust were analysed for the level of total protein and compared with the levels of albumin and globulin. In addition the calcium levels were also monitoried. The total exposed population were categorized into 2 groups based on the duration of exposure (duration of service in cement factory). There was a significant increase in total protein and calcium levels in the exposed subjects when compared to the controls. The data also revealed that the maximum changes in 45 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
serum proteins and calcium occurred within an exposure time limit of total eight years. Further exposure to seventeen years did not reveal any additional significant changes than exposed for eight years.
▪ Kumar, S. S., N. A. Singh, V. Kumar, B. Sunisha, S. Preeti, S. Deepali and S. R. Nath (2008). "Impact of dust emission on plant vegetation in the vicinity of cement plant." Environmental Engineering and Management Journal 7(1): 31-35. Environment is a major issue which confronts industry and business in today's world on daily basis. Different industrial activities are degrading various environmental components like water, air, soil and plant vegetation. Cement industry is one of the 17 most polluting industries listed by the Central Pollution Control Board (CPCB). The Jaypee Rewa Cement Cement industry, Rewa, Madhaya Pradesh is located between 24° 33′ North longitude and 81° 10′ east latitude and is situated at Jay Prakash Nagar 20 km from Rewa Town of Madhya Pradesh, India. The Jaypee Rewa Cement industry is the major source of particulate matters, SOx, NOx and CO2, emissions. Cement dust contains heavy metals like nickel, cobalt, lead, chromium, pollutants hazardous to the biotic environment, with impact for vegetation, human and animal health and ecosystems. Present paper attempts to focus on impact of cement emission on plant vegetation.
46 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors. ▪ Lal, B. and R. S. Ambasht (1982). "Impact of cement dust on the mineral and energy concentration of Psidium guayava." Environmental Pollution Series A, Ecological and Biological 29(4):
241-247.
The impact of cement dust deposition on mineral and energy concentration of leaves of guava Psidium guayava growing in the vicinity of Churk Cement Factory situated at Churk, District-Mirzapur (India) was studied. Concentrations of calcium (Ca), potassium (K), sodium (Na) and phosphorus (P) were increased while energy content (cal g-1 dry weight) was reduced (12·3%) more in cement- dust-covered leaves than in dust-free leaves of Psidium guayava. Statistically it was found that the difference in the concentration of Ca, K, and P in dusty and dust-free leaves was highly correlated and significant with the amount of cement dust deposited (gm-2 leaf surface) on the leaf surface of P. guayava while the difference in the concentration of Na-- although positively correlated--is not significant. Maximum values of concentrations of Ca, K, Na, P and energy were 5·20%, 0·48%, 0·25%, 0·15% and 4936·7 cal g-1 dry weight in dust-covered leaves and 3·50%, 0·30%, 0·018%, 0·12% and 5301·4 cal g-1 dry weight in dust-free leaves, respectively. 47 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors. ▪ Mishra, G. P. (1991). "Impact of industrial pollution from a cement factory on water quality parameters at Kymore." Environment & Ecology 9(4): 876-880.
When cement dust comes in contact with water hydroxides are formed which impare natural water alkalinity. A fine layer of cement covers the surface of wells and ponds. The addition of salts of Ca, Na, K, Mg and Al as hydroxides, sulfates and silicates affected the hardness of the water. These are responsible for the respiratory and gastro-intestinal diseases in the area. ▪ Murugesan, M., A. Sivakumar, N. Jayanthi and K. Manonmani (2004). "Effect of cement dust pollution on physiological and biochemical activities of certain plants." Pollution Research 23(2):
375-378.
Pollution has been a serious environmental threat for decades and various efforts are being undertaken to control it in various aspects. This paper discusses about air pollution and its effect on the physiological and biochemical characteristics of plants particularly in the near by areas of a cement factory. The cement factory chosen for study is 'Malabar Cement Factory', it is located at Walayar, the foothills of Western ghats, Kerala. The cement kiln exhaust of the cement factory deposits at the rate of 2.43 g/m2 /day on the vegetation around the factory and the dust contains large amount of particulate and gaseous pollutants, which can cause some 48 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
physiological and biochemical changes in the leaves of the plants. The continuous deposition of cement dust on the surface of the leaves of the plants reduces the chlorophyll content of the leaves and also acts as a barrier for the photosynthesis process to take place. The deposition also shows a subsequent reduction of starch, carbohydrates, proteins and aminoacids in those leaves when compared to that of with normal leaves. Since the physiological and biochemical characteristics are affected, the plant productivity gets badly affected and it results in collapsing the ecological food chain. ▪ Mwaiselage, J., B. Moen and M. Bråtveit (2006). "Acute respiratory health effects among cement factory workers in Tanzania: an evaluation of a simple health surveillance tool." International Archives of Occupational and Environmental Health 79(1): 49-56.
Objectives: The effects of cement dust exposure on acute respiratory health were assessed among 51 high exposed and 33 low exposed male cement workers. The ability of the questionnaire to diagnose acute decrease in ventilatory function was also assessed. Methods: Acute respiratory symptoms were recorded by interview using a structured optimal symptom score questionnaire. Peak expiratory flow (PEF) was measured preshift and postshift for each worker with a Mini-Wright PEF meter. Personal respirable dust (n=30) and total dust (n=15) 49 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
were measured with 37-mm Cyclone and 37-mm closed- faced Millipore cassette. Twenty-nine workers had concurrent respirable dust, PEF and questionnaire on the same day. Results: The geometric means of personal respirable dust and total dust among high exposed were 4.0 and 13.2 mg/m3, respectively, and 0.7 and 1.0 mg/m3 among low exposed. High exposed workers had more acute cough, shortness of breath and stuffy nose than the low exposed. Mean percentage crossshift decrease in PEF was significantly more pronounced among high exposed workers than low exposed (95% CI 1.1, 6.1%). For workers with concurrent respirable dust, PEF and questionnaire assessment, an exposure-
response relationship was found between log- transformed respirable dust and percentage cross-shift decrease in PEF (4.5% per unit of log-respirable dust in mg/m3 ; 95% CI 3.3, 5.6%). Respirable dust exposure ≥2.0 mg/m3 versus <2.0 mg/m3 was associated with increased prevalence ratio for cough (7.9) and shortness of breath (4.2). Shortness of breath was associated with the highest sensitivity (0.87) and specificity (0.83) for diagnosing a percentage cross-shift decrease in PEF of ≥10%. Conclusion: The observed acute respiratory health effects among the workers are most likely due to exposure to high concentrations of irritant cement dust. The results also highlight the usefulness of the questionnaire for health surveillance of the acute respiratory health effect.
50 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors. ▪ Peters, S., Y. Thomassen, E. Fechter-Rink and H. Kromhout (2009). "Personal exposure to inhalable cement dust among construction workers." Journal of Environmental Monitoring 11(1): 174-180.
A case study was carried out to assess cement dust exposure and its determinants among construction workers and for comparison among workers in cement and concrete production. - Full-shift personal exposure measurements were performed and samples were analysed for inhalable dust and its cement content. Exposure variability was modelled with linear mixed models. - Inhalable dust concentrations at the construction site ranged from 0.05 to 34 mg/m, with a mean of 1.0 mg/m. Average concentration for inhalable cement dust was 0.3 mg/m (GM; range 0.02-17 mg/m). Levels in the ready-mix and precast concrete plants were on average 0.5 mg/m (GM) for inhalable dust and 0.2 mg/m (GM) for inhalable cement dust. Highest concentrations were measured in cement production, particularly during cleaning tasks (inhalable dust GM = 55 mg/m; inhalable cement dust GM = 33 mg/m) at which point the workers wore personal protective equipment. Elemental measurements showed highest but very variable cement percentages in the cement plant and very low percentages during reinforcement work and pouring. Most likely other sources were 51 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
contributing to dust concentrations, particularly at the construction site. Within job groups, temporal variability in exposure concentrations generally outweighed differences in average concentrations between workers. 'Using a broom', 'outdoor wind speed' and 'presence of rain' were overall the most influential factors affecting inhalable (cement) dust exposure. - Job type appeared to be the main predictor of exposure to inhalable (cement) dust at the construction site. Inhalable dust concentrations in cement production plants, especially during cleaning tasks, are usually considerably higher than at the construction site.
▪ Prakash, J. and R. M. Mishra (2003). "Effect of cement dust pollution on Calotropis procera species." Indian Journal of Environmental Protection 23(7): 764-767.
The effect of cement dust pollution on Calotripis procera have been assessed in Sarla Nagar Maihar Cement Plant, Madhya Pradesh. Results indicated the increasing trend of the deposition (mg/cm2) on plant leave surface with increasing distance from the emission source. Results indicate that there was considerable loss of total chlorophyll content 18.22% in the leaves of Calotropis procera growing in the polluted zone 54.77 and 20.33 leaves of the species growing in the polluted zone were found chlorotic and necrotic, respectively. However, only 13.00% and 6.20% leaves 52 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
of the species, growing in the pollution zone were found to be chlorotic and necrotic, respectively. Significant deduction in pollinators visit was also observed in the trees of polluted zone, and as a result total fruit output was found to be 35.14% less than in comparison to the trees of the pollution free zone. ▪ Prasad, M. S. V. and J. A. Inamdar (1990). "Effect of cement kiln dust pollution on black gram (Vigna mungo (L.) Hepper)." Proceedings: Plant Sciences 100(6): 435-443. Effect of cement kiln dust pollution on black gram (Vigna mungo) has been studied by comparing plants of polluted as well as from nonpolluted areas. Due to cement kiln dust accumulation on exposed parts of the plant, there was a decrease in height, phytomass, net primary productivity and chlorophyll content. Quantitative estimations and histo-chemical localization indicate lowering of metabolites in dusted plants as compared to control one. In polluted plants, damaged leaves show increase in stomatal index and trichome frequency and decrease in stomatal frequency. Cement kiln dust accumulation on plant surface showed decrease in the number and size of flowers which finally affected the yield to a great extent in the dusted plants.
53 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors. ▪ Ramanathan, R., T. Jeyakavitha and M. Jeganathan (2006).
"Impact of cement dust on Azadirachta indica leaves - A measure of air pollution in and around Ariyalur." Journal of Industrial Pollution Control 22(2): 273- 276.
Ariyalur, situated in Tamilnadu is rich in limestone and there are many cement-factories in and around Ariyalur. Six lakes in and around Ariyalur was considered for the study and Azadirachta indica leaves commonly known as neem leaves from neem trees were collected for estimation of total chlorophyll content, chlorophyll 'a', chlorophyll 'b' and moisture content. The estimated chlorophyll and moisture contents were compared with control. It was found that both the chlorophyll and moisture levels in the leaves were less in all the six locations in and around Ariyalur. The reason is attributed to the accumulation of cement dust on the leaves resulting in retarded growth of the trees. Hence, the estimation of chlorophyll content and moisture content can be taken as a measure of air pollution. Water has to be sprinkled, if grown, on the leaves of trees or plants for removal of cement dust for the healthy growth of the plants.
▪ Sai, V. S., M. P. Mishra and G. P. Mishra (1987). "Effect of cement dust pollution on trees and agricultural crops." Asian Environment 9(1): 11-14.
54 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
Measurements of cement dust deposits and chlorophyll content on leaves of Ficus bengalensis and Mangifera indica showed negative but nonsignificant correlation along the penalization gradient (downwind direction) from Kymore Cement Works, India. The crop yields of Cajanus cajan, Triticum aestivum and Linum usitatissimum, among others, were significantly affected along the gradient with crop measurements as height of plant and earhead length seen strongly correlated with crop yield.
▪ Schuhmacher, M., J. L. J. L. Domingo and J. Garreta (2004). "Pollutants emitted by a cement plant: health risks for the population living in the neighborhood." Environmental Research 95(2): 198-206.
The aim of this study was to investigate the health risks due to combustor emissions in the manufacturing of Portland cement for the population living in the neighborhood of a cement kiln in Catalonia, Spain. Pollutants emitted to the atmosphere in the course of cement production were modeled. The ISC3-ST model was applied to estimate air dispersion of the contaminants emitted by the cement plant. Air concentrations of NO2, SO2, PM10, metals, and polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/Fs), as well as the potential exposure in the vicinity of the facility, were assessed via models based 55 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
on US EPA guidance documents. PCDD/F and metal concentrations were also modeled for soil and vegetation. Based on these concentrations, the levels of human exposure were calculated. Individual cancer and noncancer risks for the emissions of the cement kiln were assessed. Health effects due to NO2, SO2, and PM10 emissions were also evaluated. Risk assessment was performed as a deterministic analysis. The main individual risk in the population was evaluated in a central-tendency and a high-end approach. The results show that the incremental individual risk due to emissions of the cement plant is very low not only with regard to health effects, but also in relation to toxicological and cancer risks produced by pollutants such as metals and PCDD/Fs emitted by the cement kiln.
▪ Vestbo, J. and F. V. Rasmussen (1990). "Long-term exposure to cement dust and later hospitalization due to respiratory disease." International Archives of Occupational and Environmental Health 62(3): 217-220. The relationship between exposure to cement dust in a Portland cement factory and later hospitalization due to respiratory disease and in particular chronic obstructive lung disease (COLD) was examined in a cohort initially examined in 1974. A total of 546 men 56 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
with different lengths of employment in the cement factory were compared with 857 randomly sampled men of the same age from the same geographical area. Information on hospitalization was obtained from a nationwide register administered by the Danish National Board of Health. During a 9-year, 8-month period, 7.8% of the total population studied had been admitted to hospital at least once because of respiratory disease and 4.3% had been admitted because of COLD. Cement workers had no increased rates of hospitalization when compared with other blue collar workers from the random sample or the whole random sample. A vague tendency towards increasing rates of hospitalization due to COLD with increasing duration of exposure to cement dust up to 30 years was found. Given at least one hospitalization, exposure to cement dust was not related to the accumulated number of days in hospital in the observation period. Authors conclude that long-term exposure to cement dust does not lead to higher morbidity of severe respiratory disease than other types of blue collar work.
▪ Yhdego, M. (1992). "Epidemiology of industrial environmental health in Tanzania." Environment International 18(4): 381-387.
In this paper, environmental epidemiology data have been used in order to correlate air pollutants emitted 57 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
from the Wazo Hill Cement Factory with the health of human communities. Tegeta and Boko villages, which surround the factory. In this study, descriptive routing data and retrospective and cross- sectional studies of environmental epidemiological approaches are used. Data are collected from three dispensaries and two hospitals. The cross-sectional studies were then applied to compare the diseases in selected places with predicted ground level air pollution concentration and the measured exposure. Diseases such as PUO, chest pain, cough, RTI, and eye problems in the two- case study villages have shown that they may be environmentally derived due to cement dust. Moreover, the higher percentage of related diseases occurs near the source of pollutant. A relative risk ratio assessment indicates that in the two villages, the exposed subjects are 7.5 and 22.5 times in the two villages as likely to develop the disease during the follow-up period than the unexposed subjects. ▪ Zeleke, Z., B. Moen and M. Bratveit (2010). "Cement dust exposure and acute lung function: A cross shift study." BMC Pulmonary Medicine 10(1): 19.
Few studies have been carried out on acute effects of cement dust exposure. This study is conducted to investigate the associations between current "total" dust exposure and acute respiratory symptoms and respiratory function among cement factory workers. A 58 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.
combined cross-sectional and cross-shift study was conducted in Dire Dawa cement factory in Ethiopia. 40 exposed production workers from the crusher and packing sections and 20 controls from the guards were included. Personal "total" dust was measured in the workers' breathing zone and peak expiratory flow (PEF) was measured for all selected workers before and after the shift. When the day shift ended, the acute respiratory symptoms experienced were scored and recorded on a fivepoint Likert scale using a modified respiratory symptom score questionnaire. The highest geometric mean dust exposure was found in the crusher section (38.6 mg/m3) followed by the packing section (18.5 mg/m3) and the guards (0.4 mg/m3). The highest prevalence of respiratory symptoms for the high exposed workers was stuffy nose (85%) followed by shortness of breath (47%) and "sneezing" (45%). PEF decreased significantly across the shift in the high exposed group. Multiple linear regression showed a significant negative association between the percentage cross-shift change in PEF and total dust exposure. The number of years of work in high-exposure sections and current smoking were also associated with cross-shift decrease in PEF. Total cement dust exposure was related to acute respiratory symptoms and acute ventilatory effects. Implementing measures to control dust and providing adequate personal respiratory protective equipment for the production workers are highly recommended." 59
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29. In view of the above parameters and precautions, if we examine the measures which have been taken by the project proponent and the report submitted by the joint committee and the action taken and compliances examined by the State Pollution Control Board, there are nothing on record going to prove that the conditions of environmental clearance has ever been violated by the project proponent and further on the record it has been shown that every precaution has been taken not to mitigate the effects of the cement industry and that precautions have been taken by the project proponent to control the air pollution in the area.
30. In accordance with the report submitted by the joint committee, the State Pollution Control Board has imposed the environmental compensation to the tune of more than Rs. 48 lakhs which has been deposited by the project proponent in the account of the State PCB. We direct that this amount which has been deposited by the project proponent must be utilised for purpose of restitution of environment within the area around the industry by plantation or development of the park to be scrutinised by the Principal Secretary, Environment and Member Secretary, State Pollution Control Board. There must be a deep plantation around the industry, outside the area and inside the area and this amount should be utilised for that purpose.
31. Maintenance of the road, provision of medical facilities to the local, aid to the education must be included in that list. Nothing has been shown on the record by the applicant or by the State PCB violating the norms. However, we direct the project proponent that the Ambient Air Monitoring should be done periodically at the different locations and in case it does not meet the prescribed standard, immediate adequate 60 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors. arrangement must be made for controlling the fugitive emissions. Deep plantation and its maintenance for survival must be taken into account by the project proponent in consultation and cooperation with the Forest Department. This amount of environmental compensation which is to the tune of more than Rs. 48 lakhs should also be utilised for the plantation and maintenance under the supervision of the Forest Department. State Pollution Control Board is directed to periodically monitor the compliances and regular examination of ambient air monitoring and to take remedial measures in accordance with the rules in consultation with the project proponent and the experts.
32. The copy of the research report named Human Health Risk Due To Cement Dust Exposure should be taken into account and copy of the same be provided to the project proponent to take necessary action in accordance with the research paper.
33. With these observations, the Original Application No. 101/2024 stands disposed of.
Sheo Kumar Singh, JM Dr. Afroz Ahmad, EM 27th March, 2025 O.A No. 101/2024 (CZ) PN 61 OA No. 101/2024(CZ) Naimuddin Vs State of Rajasthan & Ors.