National Green Tribunal
Syed Arshad Nasar Social Activist vs Union Of India Through Secretary ... on 15 March, 2023
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item Nos. 07 to 09 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(BY VIDEO CONFERENCING)
Original Application No. 23/2017 (EZ)
(With reports dated 30.01.2023 and 14.03.2023)
Syed Arshad Nasar Applicant(s)
Versus
Union of India & Ors. Respondent(s)
WITH
Original Application No. 776/2018
Ramchandra Chaurasia Applicant
Versus
State of Jharkhand Respondent
WITH
Original Application No. 373/2019
Pradeep Kumar Singh Applicant
Versus
State of Jharkhand Respondent
Date of hearing: 15.03.2023
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Ms. Paushali Banerjee, Advocate for Applicant in OA 23/2017 (EZ)
Respondent(s): Mr. L. Khiangte, ACS, Forest with Mr. Kumar Anurag Singh,
Advocate for the State of Jharkhand
Mr. Mukesh Kumar, Advocate for CPCB
ORDER
The issue
1. These matters relate to enforcement of environmental norms in the operation of quarrying and crushing units in Rajmahal hills of the Vindhya 1 Mountains, District Sahebganj, Jharkhand. Case of the applicants is that the area is rich in mineral resources. The stone crushing and mining companies are indulging in indiscriminate mining without due regard to the environmental norms. In this process, the hills are blown up, huge dust is generated and air and water pollution caused to the detriment of environment and public health.
2. Considering the above, the Tribunal passed several orders in the last five years, including prohibiting illegal mining and non-compliant stone crushing activities vide order dated 06.07.2017, followed by order dated 17.04.2018 but due to collusion of the authorities in the State or their inaction the situation continues to remain unsatisfactory.
3. Even in today's hearing, after interaction with the Additional Chief Secretary, Environment, who is present by VC, we don't see much improvement. Question is whether such lawlessness can continue in a system governed by Constitution and rule of law when doctrine of public trust requires and the Constitution assigns inalienable responsibility to the State to protect environment. We hope situation improves but we regret to record serious failure of the State of Jharkhand till now to prevent continuing environmental lawlessness.
Procedural History
4. The matter has been considered on several occasions in the last about six years. Main orders of the Tribunal are dated 6.7.2017, 17.4.2018, 22.1.2019, 7.5.2019, 11.9.2019, 5.12.2019, 23.9.2020, 22.12.2021, 23.8.2022 and 30.11.2022.
5. We may refer to last eight orders of the Tribunal starting from 22.1.2019.
26. By order dated 22.1.2019, the Tribunal constituted a Committee comprising (a) Senior Scientist/ Engineer form CPCB; (b) Regional Office, EZ, MoEF&CC, Bhubneswar and, (c) Experts from SEIAA and Jharkhand State PCB to: -
"i) Undertake Carrying Capacity Assessment of the area viz-a-viz stone mines and stone crushing units.
ii) Undertake Ambient Air Quality Assessment in atleast 10 representative locations of the area.
iii) Assess (a) the pollution control devices of the stone mining and stone crushing units in the area and the environmental damage caused and (b) the cost of restoration of such damage.
iv) Any other relevant studies cognate to the above.
In undertaking the task, the Committee may co-opt expert/experts from any institution identified by it."
7. Second order is dated 07.05.2019 by which the report of the above Committee was considered. It was found that inspite there being large scale violations, no adequate remedial action had been taken. Member Secretary, State PCB was required to appear in person and explain the position.
8. By third order dated 11.09.2019, the Member Secretary, State PCB appeared in person and provided data to the effect a statement that there are 407 stone crushers and 300 stone mines. Direction was issued to give specific information.
9. By fourth order dated 05.12.2019, information given by the PCB was noted to the effect that 508 units had applied for Consent to Operate out of which 445 had been granted and the case of 24 had been rejected.
In the case of 39, applications for grant of Consent to Operate were under consideration. 293 stone crusher units and stone mining units were found to be non-compliant during the inspections between 11.11.2019 to 3 17.11.2019 and show cause notices were issued. Interim environmental compensation was levied on 106 units. Total environmental compensation amount was ₹6,33,57,000/- imposed by the State PCB cumulatively on the stone mines and stone crusher units, out of which ₹2,36,25,000/- was upon 55 stone mines and ₹3,97,32,000/- against 141 stone crushing units. The District Task Force demolished 34 illegal crusher units and sealed and demolished another 107 where illegal storage, processing and dispatch of minerals were being indulged in. 70 such illegal processing units (stone crushers) were sealed and demolished. Apart from lodging FIRs, 47 illegal stone crushers were sealed and demolished, as per the inspection undertaken in January, 2019.
10. The Tribunal observed that the State machinery failed to control illegal mining and illegal crusher units resulting in large scale damage to the environment. The Tribunal inferred collusion of the State authorities, including the Member Secretary, State PCB with the violators. The Tribunal inter-alia issued following directions:
"26. We direct the Committee constituted vide order dated 22.01.2019 to place before us a table giving the details of the stone mines and the stone crushers separately containing the following particulars:
a) Name of the mines and crusher units and its locational depiction on the map of appropriate scale.
b) Dates of grant of Consent to Establish, Consent to Operate and, also Environmental Clearance (EC) in respect of stone mines. The area of stone mines and distance with adjoining mine(s) may clearly be stated.
c) Adequacy of pollution control devices of stone cruising units.
d) Details of individual violations of conditions of EC/Consent to Operate w.r.t. mining units and details of violation of Consent to Operate w.r.t. Stone Crushing units.
e) Action taken against those which do not have EC and Consent to Operate and against those which have violated the conditions of EC/Consent to Operate w.r.t. mining units.4
f) The amount of environmental compensation assessed and recovered along with the individual computation sheets indicating period of default."
11. Fifth order is dated 23.09.2020 on consideration of report of the joint Committee dated 21.09.2020. The Tribunal noted continuing violations and replaced the earlier Committee with a four-member joint Committee to be headed by an officer of the rank of Joint Secretary in the MoEF&CC, Government of India. The other three members were to be the nominees of Indian Institute of Technology (IIT), Dhanbad, a Senior Officer of CPCB and Secretary Environment, Government of Jharkhand. The said Committee gave its report dated 29.01.2021
12. By sixth order dated 22.12.2021, the said report was commented upon as follows:
"xxx .........................................xxx.................................xxx
18. The Committee failed to extrapolate PM2.5 data to PM10 data as was done in matter of OA 1016/2019 by CPCB. PM2.5 data shows clearly that there is no supportive carrying capacity and this data needs to be used for carrying capacity computations. NCF (Non-Compliance Factor) in formula has been designed in such a way that the units with most serious non-compliance will have to pay no or least environmental compensation e.g. unit found to be set up without meeting siting criteria will have to pay no environmental compensation or unit consistently not complying with prescribed norms can escape the environmental compensation by using the proposed formula. Further, units complying with 80% of listed pollution control techniques will have to pay no EC as 20% rebate is with any logic.
19. For the reasons already given, the recommendations are unacceptable being based against law and science and is unprofessional and hence rejected. However, to the extent stone crushers and mines are non-compliant even according to the Committee need to be forthwith closed, if not already closed.
20. In view of failure of the joint Committee to provide sound basis for assistance of the Tribunal, we have no option except to reject the report of the Committee CPCB may assign the task to the Committee which undertook study and submitted report dated 6.10.2020 in OA No. 1016/2019, Utkarsh Panwar vs. Central Pollution Control Board & Ors. The Committee may be steered by Member Secretary, CPCB, who will be free to take assistance from any other expert. The Committee may give its report within 5 three months by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. The report may also be uploaded on the website of CPCB for any response by any stakeholder before the next date.
21. We also direct the State PCB to close the illegally operating stone crushers/mines - those not having valid consents, those not following valid siting criteria and those not maintaining laid down safeguards noted in paragraphs 5.3.1 and 5.3.3 in the above report. This may be ensured by a joint Committee of CPCB, State PCB and the District Magistrate and compliance report filed before the next date. The affected parties are at liberty to move this Tribunal, if they are aggrieved."
13. Seventh order is dated 23.08.2022 in light of report of the authorities dated 18.08.2022 about the status of compliance of environmental norms by the stone crushers in question. Considering the same, the Tribunal observed:-
"10. Thus, there is huge and unchecked pollution load by the reckless and unregulated mining and stone crusher activities. There is need for any serious and sincere authority to ascertain how such serious violation of the Air Act, 1981 and norms laid down under the EP Act, 1986 and Rules are continuing, contrary to the mandate of law and to the detriment of environment and public health. Effective appraisal of impact of mining activity appears to be missing before granting EC by SEIAA, as required in terms of Deepak Kumar vs State, (2012) 4 SCC 629. In the light of Goa Foundation v. Union of India & Ors. (2014) 6 SCC 590, there has to be proper appraisal by the State PCB before granting consents which also does not appear to have been done. It is not clear how blowing of naturally occurring hills for mining purpose is being allowed. How mining is being allowed to the detriment of hills, which have to be protected. Further, carrying capacity of the area in terms of air quality has been ignored. 'Precautionary' principle of environmental law has been compromised. This calls for high level inquiry and fixing of accountability of concerned government officers responsible for such large scale damage to the environment and motives/reasons for which this has happened. ECs/consents for mining activities and stone crusher activities need to be reviewed to give effect to 'Sustainable Development' principle. Violators need to be brought to justice. There also appears to be no monitoring of compliance of the ECs/consent conditions. The stone crushers have been found to be operating without necessary safeguards, particularly the Air Pollution Control Devices (APDC), to the detriment of environment and public health. The recommendations in the report include safeguards in operation of stone crushing activities, stopping operation of stone crushers till pollution control measures are adopted, management of the railway sidings which are generating pollution, surveillance and monitoring measures and recovery of environmental compensation followed by restoration 6 measures by preparing an appropriate comprehensive Environment Management Plan for the areas where stone mines and crushers are located.
11. Further, the second report by CPCB and State PCB also shows huge air pollution and generation of dust on account of running of the stone crushers without requisite safeguards and without any display boards. Many of the stone crushers do not have legal documents. It is surprising that the Committee has mentioned that responsibility for the illegal operations of crushers could not be fixed as the same were being run benami. Even the earlier demolished illegally operating units were found to have started working which shows lack of continuous vigilance and failure of the monitoring mechanism. Further, CTO mechanism also seems to be faulty as how consent to operate can be granted unless, owner/occupier is known with its location for operation.
12. In absence of any reason not to accept the observations and recommendations in the above reports, we accept the same and direct remedial action in terms thereof. However, statutory bodies need not to wait further and must forthwith proceed against violating miners and crushers on polluter pays principle for past violations in terms of degradation of ambient air, changes in ground water quality and associated environmental aspects and closing violating activities.
13. We also regretfully note that in matter such magnitude, none has cared to appear for the State of Jharkhand or its authorities particularly when appearance in virtual mode is permitted in the Tribunal and it is not difficult for the officers of the State to log in and participate in the matter.
14. Accordingly, we direct the Chief Secretary, Jharkhand to constitute a Monitoring Committee under an Additional Chief Secretary with heads of concerned departments. The Committee may take stock of the situation and prepare an action plan to remedy the air pollution in the area as well as restoring the degraded areas by closing polluting activities (mining and crushing) and fixing accountability for past violations in terms of 'Polluter Pays' principle so that the compensation recovered is utilized for restoration of the environment. The Committee may be constituted within two weeks and hold its first meeting within one month and thereafter prepare its monitoring plan within one month. Further monitoring may be held atleast once in a fortnight. The Committee will be free to take assistance from any other Expert/Agency but not to delay the proceedings on that ground. The Committee will also be free to undertake visit to the site and interact with the stakeholders. The restoration plan should endeavor to complete restoration measures including restoration of mined areas within three months, including measures to stop the polluting activities with the assistance of the State PCB, State Police and any other regulatory authorities. The Monitoring Committee will take into consideration the findings, observations and recommendations in the reports of the Committees referred to above. The Additional Chief Secretary chairing the Monitoring Committee may remain present in person 7 on the next date. The Committee may also consider interim compensation to begin with in the light of the reports, pending finalisation of such compensation after following requisite procedure speedily. The Tribunal may consider liability of the State later. The Chief Secretary may also file criminal case against violators, after necessary scrutiny, including against erring officers. Since violation of environmental laws involve offences under PMLA Act, 20021, Director ED may also look into the matter. Action taken report may be filed within four months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.
15. It is made clear that affected stone crushers/mining units will be at liberty to move this Tribunal, if they are aggrieved by this order or by orders passed in pursuance of order of this Tribunal."
14. Eighth order is dated 30.11.2022 on I.A. Nos. 233/2022 and 234/2022 filed by one of the affected stone crushers, M/s Vikas Stone Works, Sahibganj District, Jharkhand which was disposed of in view of the fact that there was intolerable air pollution in terms of report dated 18.08.2022 based on which the Tribunal passed order 23.08.2022. The observations in the order are as follows:-
"7. The report has studied the air quality of the area and its assimilative capacity to take the pollution load of the stone crushers. It has divided the area in grids as per air quality level and found negative capacity to take pollution load of stone crushers in view of already critical level of the air. Thus, any further pollution results in damage to public health which has to be prevented to enforce right of the citizens area to life which means pollution free and safe environment. We may briefly refer to the said report. Applicant stone crusher at Serial No. 1 in the list of stone crushers in Grid 7 at page 1364 of the paper-book. Estimated PM10 concentration in Grid 7 has been found to be 111 (page 1352 of the paper-book) as against laid down permissible PM10 concentration of 100 µg/m3 as per National Ambient Air Quality Standard (NAAQS) of PM10 (24-hour average). The finding in the report is:-
"4 grids were found to have negative supporting capacity, thereby reduction in stone crushing capacity is required in these 4 grids, i.e. Grids 1, 3, 4 and 7. It may also be noted that 58% of the stone crushers in Sahibganj district, considered in the analysis, are located in these four grids. According to the assessment, a total of 42 number of stone crushers, i.e. 24 stone crushers in Grid 1, 4 stone crushers in Grid 3, 1 stone crusher in Grid 4 and 13 stone crushers in Grid 7, may not be permitted to operate."1
Scheduled offence as defined under Section 2(y) read with paras 25 to 27 of the Schedule.
88. Critical air quality corresponds to severe which results in respiratory impact even in healthy people and serious health impact on people with diseases. Table of adverse impact of the air pollution as noted in the judgment of the Hon'ble Supreme Court in Arjun Gopal & Ors. v. UOI & Ors.2 is quoted below for ready reference:-
Table 1 AQI Associated Health Impacts Good Minimal impact.
(0-50) Satisfactory May cause minor breathing discomfort to sensitive (51-100) people.
Moderately May cause breathing discomfort to people with lung polluted disease such as asthma, and discomfort to people with (101-200) heart disease, children and older adults. Poor May cause breathing discomfort to people on prolonged (201-300) exposure, and discomfort to people with heart disease. Very Poor May cause respiratory illness to the people on prolonged (301-400) exposure. Effect may be more pronounced in people with lung and heart diseases.
Severe May cause respiratory impact even on healthy people, and May serious health impacts on people with lung/heart disease. (401-500) The health impacts may be experienced even during light physical activity.
Table 2 AQI Category, Pollutants and Health Breakpoints AQI PM10 2 PM2.5 2 NO2 2 O3 8- CO 8- SO2 2 NH3 Pb category 4-hr 4-hr 4-hr hr hr 4-hr 24- 24-
(Range) (mg/m hr hr
3)
Good (0-50) 0-50 0-30 0-40 0-50 0-1.0 0-40 0- 0-
200 0.5
Satisfactor 51-100 31-60 41-80 51- 1.1- 41-80 201- 0.5-
y (51-100) 100 2.0 400 1.0
Moderately 101- 61-90 81- 101- 2.1-10 81- 401- 1.1-
polluted 250 180 168 380 800 2.0
(101-200)
Poor (201- 251- 91-120 181- 169- 10-17 381- 801- 2.1-
300) 350 280 208 800 120 3.0
0
Very poor 351- 121- 281- 209- 17-34 801- 120 3.1-
(301-400) 430 250 400 748* 1600 0- 3.5
180
0
Severe (401- 430+ 250+ 400+ 748 34+ 1600 180 3.5+
500) +* + 0+
2
(2017) 1 SCC 412
9
9. It is not the case of the applicant that the above findings are erroneous. Only plea of the applicant is that it has the 'consent to operate' granted by the State PCB on 15.03.2021 which is still operative. Even so, if the stone crusher falls in Grid 7 where supporting capacity of the ambient air will be negative, its activity cannot be allowed.
Admittedly, no impact assessment had been done for granting consent to the unit nor EC granted. Thus, mere grant of consent when such activity is hazardous and violative of right of citizens to clean environment as found by this Tribunal, can be of consequence. The Tribunal has already recorded its findings against serious violation of environment by negligent working of the authorities in permitting rampant violations to the detriment of environment and public health, defeating right to life guaranteed to the citizens and principle of sustainable development to be enforced by this Tribunal under the NGT Act, overriding any order defeating such rights and principles."
Today's consideration
15. In pursuance to order dated 23.08.2022, action taken report dated 30.01.2023 has been filed by the joint Committee followed by supplementary report dated 14.03.2023.
16. Report dated 30.01.2023 deals with compliance status of 357 stone crushers/mines. It is stated that directions have been issued to all the 357 units - 214 stone crushers, 123 stone mines and 20 stone mines with crushers in Sahibganj District for compliance of the consent conditions.
The report states that the District Administration has published Notice dated 03.09.2022 for information of stone mines/crushers for compliance.
Action has also been taken against illegal mining, transportation, storage of stone chips, boulders etc. Compliance position has been given in tabular form as follows:-
" S. N. Recommendations of the Action Taken Expert Committee I. In the case of stone 1. 178 Units has covered the conveyor belt crushers, the crushing units and Screen.
(both primary &
secondary) should be
placed in a covered section
and the crushing units
having capacity more than
10
100 TPH, shall be provided 2. 36 Stone Crusher Units are having with bag house as emission capacity more than 100 TPH, out of which 12 control system. Units have ordered for Bag house.
(The copy of Detailed Report is enclosed as Annexure -M)
3. JSPCB has given time till 318 (March, 2023 to the stone crusher units to install Bag House.
(The copy of decision by the JSPCB (MoM) is enclosed as Annexure - 'N') II. The Crushers shall install 112 Units have installed fixed type water scientifically designed sprinklers.
adequate number of
sprinklers with requisite (The copy of Detailed Report is enclosed as
hydraulic pressure and Annexure - 'M')
shall ensure that the
sprinklers remained in
operation during crushing
period.
III. JSPCB along with district I. In total 73 applications of Consent to
administration shall ensure Operate (CTO) has been rejected by the
that crushers are not in JSPCB due to non-compliance of the
operation without having conditions of CTO.
requisite pollution control
measures through strict 2. Three stone crusher units were
vigilance. Priority may be demolished by the District Administration.
given for the grids where
(The copy of Detailed Report is enclosed as negative supporting Annexure - 'M') carrying capacity has been observed.
IV. Conveyor belts should be 178 Units has covered the conveyor belt covered /enclosed to avoid and Screen.
fugitive emission, without side gaps, in enclosure and belts.
(The copy of Detailed Report is enclosed as Annexure - M) V. The crushed stones or 1. 131 Units have kept the height of the finished products should crusher less than the height of the wind be stored in a silo, or breaking wall.
the finished goods should be kept lower than the 2. 112 Units have installed fixed type height of wind-breaking water sprinklers.
walls. Strong structural
base and framing should
be provided for wind- (The copy of Detailed Report is enclosed as
breaking walls to Annexure - M)
withstand strong
wind conditions. The
height of the stockpile
11
should always be kept
lower than the height of
the wind-breaking wall.
The wall can be
erected radially with a
screen as center point. In
addition, proper
sprinkling arrangement
should be provided all
around the stockpiles.
VI. The haul roads/roads 1. 93 stone crusher units have made their, within the mines /industry internal road pucca.
premises used for the transportation of the 2. 112 Units have installed fixed type water products from the stone sprinklers.
crushers or mines shall be
paved and sufficient
number of sprinklers be in (The copy of Detailed Report is enclosed as
operation. The concerned Annexure - M)
crushers shall be
responsible for installation
and O&M.
VII. Cleaning of crushing units 1. All the Crusher Units have been issued and railway goods shed directions for keeping their premises shall be performed with clean.
only mechanical means on 2. The Sr. DCM, Malda in the meeting dated regular basis. 25/01/2023 informed that all the 10 goods shed are cleaned manually at present and they will initiate the process for making it mechanical.
VIII. JSPCB shall direct the 1. The Regional Officer, NHAI, Ranchi vide email dated 27/01/2023 has submitted the Concerned agencies to Action Taken Report, the details of which is maintain the national as follows: -
highways and other
metalled roads to reduce
fugitive emission.
a) Regular sprinkling of water Is being tarried by the contractors with the help of truck / tractor mounted sprinklers.
b) Mixing of bitumen is carried out in closed chambers in the Contractor's Camp which is located far away from the habituated area and the existing road.
c) Projects of NHA1 namely 4 Laning of Mirzachowki-Farakka section of NH-80(Pkg-
1) and 4 Laning of Gangs bridge is under construction.
(The copy of email dated 27/01/2023 is enclosed as Annexure -- O)
2. The Road Construction Department (RCD), Government of Jharkhand has 12 submitted its report dated 27/01/2023, the details of which is as follows:
a) A stretch of 423.927 Ian of Major and Other District Roads lies with the RCO out of which:
Single Lane - 7.9 km Intermediate Lane - 221.652 km Doubk cane! - 94.375 km IRQP done - 53.6.5 km Tender invited for reconstruction - 26.7 km S/R done - 6.5 km Under process of tender under IRQP - 19.43 km, Ordinary repairing being done -
72.355 km Under good condition -34.65 km Proposal submitted for IRQP - 16.13 km Newly constructed road - 48.527 km Reconstruction being done - 34.33 km stretch has been Transferred from REO and under tender process - 51.155 km IRQP being done - 60.50 Ian The copy of Detailed Report is enclosed as Annexure-P) IX The stone dusts from the The Regional Officer, NHAI, Ranchi vide email stone crushing/ mines are dated 27/01/2023 has informed that dumped in the nearby area causing may be utilized for Projects of NHAI namely 4 Laning of Mirzachowki Farakka section of NH-80(Pkg- I) construction activities and 4 Laning of Ganga bridge is under of the 4-lane highway and construction. In these projects fly ash from Gangs Bridge in the area NTPC Kahalgaon has been used around 3.16 and filling up the lakh cumec and 5 lakh cumec stone dust has ponds/mine voids which been utilized till date.
were created during the (The copy of email dated 27/01/2023 is stone mining or reclamation enclosed as Annexure-- 'O') of the stone mines.
X A proper green belt is to be 1. 131 Units have developed green belt. (The developed surrounding the copy of Detailed Report is enclosed as crushers. Annexure -'M) XI Ten railway sidings and 1. The Senior Divisional Commercial eight railway goods sheds Manager, Eastern Railway, Malda vide his are important source of Letter No. Com/Goods/M/ pollution as they deal with Pollution/Nocl2022-23 dated 27/01/2023 14,25,OOO tonnes of has informed that mitigation measures in materials (Stone Chips, accordance with Railway Board's Policy have Ballast and Bolder) per been initiated / planed which inter-a1ias month (Table 11). includes water mist canon, green belt, dust Therefore, the railway screen guard etc. sidings are recommended to be covered /enclosed with Galvanized Iron (G.I) / Mild Steel (M.S) sheets with proper pollution control 13 system to avoid fugitive (The copy of Detailed Report is enclosed as emissions. Proper Annexure -'Q') housekeeping should also be maintained.
XII The loading / unloading 2. JSPCB has issued directions under section points of the wagons shall 33(A) of the Water (Prevention & Control of be covered if possible or Pollution) Act, L974 and under section 31(A) shall be equipped with of the Air (Prevention & Control of Pollution) scientifically designed Act, 1981vide Board's Ref. No. B - 2O7 dated sprinklers with adequate 27/01/2023 to the Divisional Railway hydraulic pressure. The Manager, Eastern Railway, Malda for sprinklers should be in ensuring that the compliance of all the adequate number to recommendations of the Expert and Joint maintain a water curtain Committee related to the Goods Shed. / along the loading I Railway Siding and other mitigation unloading points. measures for control of fugitive emissions should be completed by 31st March, 2023.
XIII The waste generated from the railway goods sheds / sidings shall be collected (The copy of the Board's Ref. No. B - 207, and segregated for proper dated 27/ 01/ 2023 is enclosed herewith as disposal.
Annexure-R)
XIV Since the railway sidings
are located near the
clusters (Table L2), which 3. JSPCB has issued directions under section may impact on human 33(A) of the Water (Prevention & Control of health, these shall be Pollution) Act, 1974 and under section 31(A) relocated to some safer of the Air (Prevention & Control of Pollution) distance. Act, 1981vide Board's Ref. No. B - 2O9 dated 27 loll2o23 to the Divisional Railway Manager, Eastern Railway, Malda to ensure that the Railway Sidings / Goods Sheds in the Sahebganj district should u only be operated after obtaining the valid CTO from the Board.
(The copy of the Board's Ref. No. B -209, dated 27/01/2023 is enclosed herewith as Annexure-S) XV The trucks, as wagons, 1. The Senior Divisional Commercial should covered while the Manager, Eastern Railway, Malda vide his stone chips. well as the be Letter No. Com/ Goods/ M / Pollution/ NO C properly tr I 2022- 23 dated 27 lol12023 has informed that stone chips indents are already being placed for covered wagons.
(The copy of Detailed Report is enclosed as Annexure -'Qt)
2. The District Transport Officer, Sahebganj vide his letter no. 81 dated 28|OI12O23 has informed that the vehicles transporting the stone are directed to transport only after 14 covering with tarpaulin sheets. Those 471 Vehicles which were found noncomplying to the above directions they were fined under section 190(2) of MV Act. A total fine of INR 12,88,000/- (INR Twelve Lakhs Eighty-Eight Thousand only) has been recovered from July 2O2l till December 2022.
(The copy of letter no. 81 dated 28/ 01/ 2023is enclosed as Annexure - 'T') XVI Pan-tilt-zoom or PIZ 1. The DC Sahebganj in the meeting dated 25/01/2023 has informed that the FTZ cameras must be installed cameras have been installed at the five check posts in the district and is being at all the stone monitored by the District crusher Administration.
2.One crusher unit has installed the VIZ units at appropriate camera.
JSPCB has requested the Director locations to detect fugitive General, National Informatics Center, emissions. Feed of the Govt. of India, New Delhi vide Board's PT2 create a platform at an earliest, so that the feed of the FTZ cameras installed by the cameras shall be shared stone crushing units should be shared with with the JSPCB.
the JSPCB.
(The copy of the Board's Ref. No. B - 202, dated 27/01/2023 is enclosed herewith as Annexure - 'U') XVII The operating capacity of The DMO, Sahebganj informed in the meeting the Stone crusher dated 25/01/2023 that on trial basis units may be verified with they have started to verify the the monthly electricity bills monthly electricity bills with the production of the respective unit. capacity, but it is a very time-consuming process. So, it may be done on random basis.
XVIII The units using DO set as 1. 41 Units have applied for Authorization, power source may only be out of which 29 applications were rejected allowed to operate when and 12 applications are under process with the JSPCB.
unit is having 2. JSPCB has issued direction under section valid 5 of the Environment (Protection' Act, 1986 to the Director, Jharkhand Bijli Vitran Nigam authorization as per Limited, Dept. of Energy, Govt. of Jharkhand Hazardous & Other Wastes and the Chief Electrical Inspector, Dept. of Energy, Govt. of Jharkhand vide Board's Ref. (Management and No. B - 203 dated 27/01/2023 for the Transboundary Movement) following: -
Rules, 2016.
a) To grant licence / certificate / permit to the Units using DG Set as power source in Sahebganj district only after they produce Authorization under HOWM Rules, 2016 granted / issued by the Jharkhand State Pollution Control Board.15
b) To direct the Units which have been issued licence / certificate / permit to apply for Authorization under HOWM Rules, 2016 and submit the Authorization granted / issued by the Jharkhand State Pollution Control Board in a timeframe.
(The copy of the Board's Ref. No. B - 203, Ranchi/dated 27/01/2023 is enclosed herewith as Annexure-'V') XIX Random drone surveillance DC, Sahebganj in the meeting dated on the bank of river Ganga 25/01/2023 has informed that there are 2 may be done to prevent drones in the district (i.e. one each in illegal dumping of debris Sahebganj and Rajmahal subdivision).
generated during stone mining, crushing or It was further informed that the illegal allied activities. dumping along the banks of river Ganga has been completely checked by the district administration.
XX. Online and manual 1. 35 units (Mines & Crushers' have
ambient installed PM to Analyser.
air quality monitoring
stations may be installed in (The copy of Detailed Report is enclosed as
the grids where negative Annexure - M)
carrying capacity is
observed to monitor atleast
for measurement of PM10,
PM2.5 and NOx. JSPCB 2. The MS, JSPCB informed in the meeting may be responsible for dated 25/01/2023 that the tender document for supply and operation of these stations installation of online ambient air quality however;the expenses monitoring stations is under process. incurred for the same may be recovered from the respective stone crushers and mines.
XXI The environmental 1. JSPCB has issued direction under section management status shall 33(A) of the Water (Prevention & Control of be updated as well as Pollution) Act, 7974 and under section 31(A) verification of the of the Air (Prevention & Control of Pollution) adequacy of the pollution Act, 1981vide Board's Ref. No. B 206, r control devices installed in dated 27 /01/2023 to the Deputy all the stone mines/ Commissioner, Sahebganj to call the crushing units operating in frequent periodic meeting of the District Level the Environment Committee for monitoring of the region shall be done by activities related to stone mines and JSPCB & DC Sahibganj. crushers and for ensuring compliance of the recommendations of the Expert and Joint Committee which were accepted by the Hon'ble Tribunal.
(The copy of the Board's Ref. No. B - 206, dated 27/01/2023 is enclosed herewith as Annexure -'W')
2. The monitoring sheet for updating the implementation status of the Emission 16 Control System of the stone crushers and stone mines operating in the region has been prepared and is being monitored by the Regional Officer, JSPCB, Dumka.
(The copy of Detailed Report is enclosed as Annexure - M') XXII JSPCB may impose The details of Environmental Compensation Environmental imposed by JSPCB from Nov 2019 till Dec Compensations (EC) for 2022 is as below:
Violators based on
methodology as described
in pare 5.0 till the cost of
S Details Figure Crusher
restoration to the extent of
damage including the N Mines
deterrent element is
assessed. 1 No. of 60 165
units on
which EC
is
imposed
2 Amount 2,55,00,000 4,59,24,000
of EC
imposed
3 No. of 31 90
units
which
deposited
EC
4 Amount 1,27,50,000 2,52,84,000
of EC
deposited
5 No. of 29 75
units
which
not
deposited
EC
6 Amount 1,27,50,000 2,06,40,000
of EC not
deposited
XXIII The cost of restoration of 1. Representative of IIT (ISM), Dhanbad the actual damage and informed in the meeting dated 25loll2o23 apportionment that due to the academic assignments and assessment may be by considering the availability and load on carried out by technical the faculty members it may not be possible institutes through JSPCB to carry-out the said assignment. following the mechanism already developed by 2. JSPCB has requested the Director, Birsa CPCB and circulated to all Institute of Technology, Sindri vide JSPCB's SPCBs/PCC following the Ref. No. B - 2OO, dated 27/01/2023 to carry direction of Hon'ble NGT in out the cost of restoration of the actual the matter of O.A. No. damage and apportionment assessment in 73912018. The copy of the mechanism for 17 "Assessment of Damage to line with the recommendation of the Air Quality", "Damage committee.
Assessment of Health Issues" and "Agricultural (The copy of the Board's Ref. No. B - 200, Production Loss" w.r.t dated 27/01/2023 is enclosed herewith as Stone Crushers" is given in Annexure -'X') Appendix 11.
3. The Director, Birsa Institute of Technology, Sindri has accepted the work assigned to them and has sent the acceptance for the above said work to the Board vide their Letter. No. BIT/D/13/23, dated 28/01/2023.
(The copy of the letter. No. BIT/D/13/23, dated 28/01/2023 is enclosed herewith as Annexure -'Y') XXIV A Comprehensive 1. Representative of IIT (ISM), Dhanbad Environment Management informed in the meeting dated 25/01/2023 that due to the academic assignments and plan may be prepared, for by considering the availability and load on the areas where the stone the faculty members it may not be possible mines and crushers are to carry-out the said assignment. 2. JSPCB located, through the has requested the Director, Birsa Institute of expert institutes like Technology, Sindri vide JSPCB's Ref. No. B - Indian Institute of 199, dated 27loll2}23 to prepare the Technology India School 'Comprehensive Environment Management of Mines (IITISM), Plan for the areas where the stone mines Dhanbad or any other and crushers are located. reputed agency.
(The copy of the Board's Ref. No. B - 199, dated 27/01/2023 is enclosed herewith as Annexure -'Z')
3. The Director, Birsa Institute of Technology, Sindri has accepted the ' work assigned to them and has sent the acceptance for the above said work to the Board vide their Letter. No. BIT/D/13/23, dated 28/01/2023 (The copy of the letter. No. BIT/D/13/23, dated 28/01/2023 is enclosed herewith as Annexure -'Y') S. N. Recommendations of the Action Taken Joint Committee 1 All stone crushers / stone 153 Stone Crusher and 76 Stone Mine Units mines must be provided have provided the Display Board.
with display board of
adequate size (preferably (The copy of Detailed Report is enclosed as
not less than 1m x 1m), Annexure - 'M')
mentioning the following
details: -
a) Name of the crusher /
Mines with Capacity
b) Address and exact
location of area with
18
latitude and longitude of
all corner points.
c) Name of the proprietor
with contact no.
d) Status of regulatory
compliance status with
Validity(CTE, CTO, HWA)
e) Status of Electricity
Power Supply
2 All the crushers in the area 1. Eighteen (18) crusher units were sealed running without valid on 07 /O8/2O22 by the members of District CTE/ CTO to be treated as Task Force. 2. Seven (07) Crusher Units were illegal and be demolished. demolished in Sep 2022 by the District Task Taking lesson from earlier Force. 3. Three (03) stone crusher units were demolition by dismantling demolished by the District Administration. 4. the conveyer system& The members of the District Task Force disconnection of power (Mining), Sahebganj has filed FIR's, seizure supply that such crusher of vehicle, sealed the Units etc. The start operating after summary of the Action Taken Report is as sometime as reported, it is below: - a) Action Taken from January 2O2O proposed that whenever till December 2O2O - 47 Nos. b) Action Taken any crusher is demolished from January 2O2L till December 2021 - 18 for running without CTE, Nos. c) Action Taken from January 2022 till the whole foundation to be December 2022 - 68 Nos.
demolished & all the major
machineries of the
crushers (i.e. primary
(The copy of Detailed Report is enclosed as crusher, secondar5r Annexure - K, K1 & M) crusher, screen, hopper, loader, DG set, etc) should be seized.
3 The crusher having valid The Senior Manager (Technical), electricity CTE,but running without Supply Division, Sahebganj vide his letter valid CTO should be No. 193 dated 2810112023 has informed sealed with ensuring that the electricity connection of 60 disconnection of power Consumers has been disconnected after supply/seize of DG set. expiry of CTO and Dealers License.
Moreover, 26 connections have been permanently disconnected.
(The copy of the letter no. 193, dated 28/ 01/ 2023 ls enclosed herewith as Annexure
- 'AA') 4 All the units using DG sets Same as S.N. XVIII' of the Expert Committee.
as power source must
have valid authorization
as per rule (Hazardous
and Other Wastes
(Management and
Transboundary
Movement) Rules, 2016).
5 Taking into account the Same as S.N. 'I' of the Expert Committee.
scarcity of water in the
area (where villagers use
19
Zaria Nallah water for
drinking, bathing and
other domestic purpose)
poor conditions effective
emission control system, it
is proposed that stone
crushers with capacity
greater than 100 TPH must
be provided with bag
filters as emission control
system for primary
crusher, secondary
crusher & screen in a time
bound manner (preferably
in 6 month).
6 Proposed railway siding JSPCB has issued directions under section
near the school should be 33(A) of the Water (Prevention & Control of
developed keeping safe Pollution) Act, 1974 and under section 31(A)
distance from the school to of the Air (Prevention & Control of Pollution) prevent the children from Act, 1981 vide Board's Ref. No. B - 2O8, getting affected by dated 27/01/2023 to the Divisional silicosis/respiratory Railway Manager, Eastern Railway, Malda problem. to ensure that the Sakrigali Goods Shed should be operated in night time only after obtaining the valid CTO from the Board.
Moreover, necessary steps should be taken to shift the above said Goods Shed in time bound manner. (The copy of the Board's Ref. No. B - 208, dated 27/01/2023 is enclosed herewith as Annexure - 'AB') 7 All stone crushers Same as S.N. XVIII' of the Expert Committee.
operating using DG set
must get valid
authorization from
Jharkhand State Pollution
Control Board as per Rule
8 Overloading in loaded The District Transport Officer, Sahebganj
vehicle carrying stone / vide his letter no. 81 dated 28/01/2023 has
fines should be avoided to informed as below: -
prevent spillage on the
road. The crushing of these a) That the vehicles transporting the stone spillage under the wheels are ' directed to transport only after covering results in high load of PM with tarpaulin sheets. Those 471 Vehicles 10/PM 2.5. Minimum free which were found non-complying to the board of minimum 6 inch above directions were penalized under should be left keeping in section 190(2) of MV Act. A total fine of INR mind the undulating road 12,88,000/- (INR Twelve Lakhs Eighty-Eight condition. The materials Thousand only) has been recovered from should be properly covered July 2021 till December 2022. to prevent escape of fines
b) That the vehicles used for transportation under negative draft.
of stone are directed not to transport while in overloading. The 167 vehicles which were found non-complying to the above directions were penalized under Section 194(1) of MV Act. A total fine of INR 45,82,900/- (INR Forty-Five Lakhs Eighty-Two Thousand Nine 20 Hundred only) has been collected from April 2022 to December 2022.
(The copy of letter no. 81 dated 28/01/2023is enclosed as Annexure-S) 9 Haul roads should be 1. 93 stone crusher units have made their properly maintained. internal road pucca. 2. 112 Units have Sprinklers should be installed fixed type water sprinklers. installed to suppress the dust.
(The copy of Detailed Report is enclosed as Annexure 'M') 10 Plantation should be done 1. 131 Units have developed green belt.
in both side of the road.
Green belt should also be 2. The Regional Officer, NHAI, Ranchi vide improved in each cluster email dated 27/01/2023 has informed that, as well. it is expected that 85% of the road (Mirzachowki-Farakka section of NH-80) is likely to be completed by 31 March 2024 and the plantation will be taken up during monsoon 2024.
(The copy of Detailed Report is enclosed as Annexure- 'M' &'O') "
17. The supplementary report mentions action against 10 Railway Goods Sheds/Sidings for pollution prevention measures to control dust generated in the course of transportation of mined material.
Our finding
18. We have considered the report and interacted with the ACS, Environment present in person by Video Conferencing and find that even now large scale violations are continuing and action taken is inadequate.21
There is failure of the State to discharge its obligation under the public trust doctrine to protect the environment, State's resources and public health. Further remedial action is required for enforcing 'Precautionary' 'Sustainable Development' and 'polluter pays' principles in terms of the law laid down by the Hon'ble Supreme Court and the NGT Act.
19. Firstly, we note from the above compliance status, presented to the Tribunal, that 112 units do not have height lower than the height of wind breaking walls nor they have constructed road for transportation to control dust pollution, as noted at Sr. No. V and VI.
They are reported to be merely using water sprinklers to control dust in the course of transportation, adequacy of which is not been verified nor source of availability of water for water sprinklers ascertained.
Level of dust pollution is not ascertained. As shown at Sr. No. X, green belt has not been developed except by 131 units. Sr. No. XV shows that 471 vehicles were found not complying with the directions of covering the transported material for which no action was taken against the units but the vehicles were required to pay fine of Rs.
12.88 Lakhs. Only one stone unit has installed PTZ camera and no action has been taken against the violators. Only 35 units have PM10 Analyser (Sr. No. XX). Pollution Control Devices have not been installed for which notices have been issued by the State PCB under the Water Act, 1974 and Air Act, 1981 (Sr. No. XXI). Environmental Compensation deposited is said to be less than Rs. 4 crores against levy of Rs. 7 crores compensation. No action has been taken against those who have failed to pay the compensation. The collected amount has not been utilized for restoration measures. Carrying capacity and damage assessment has not been done on the ground that the Expert Institutions are not available and work has now been awarded on 22 28.01.2023 to Birsa Institute of Technology (Sr. No. XXIII).
Comprehensive Environment Management Plan has not been prepared (Sr. No. XXIV). Overloading of vehicles has been found for which fine has been imposed against 167 vehicles.
20. Apart from above, we find that stone crushing activities have been permitted even in Grid 7 where supporting capacity of the ambient air was reported to be negative. The report shows that out of 357 units of stone crushers/mining and both, 225 have been identified as non-compliant for which compensation has been levied and only 121 have paid the assessed compensation. The basis of compensation is not clear. It is not shown to be covering the entire period of violations nor shown to be proportionate to the turnover of the units.
21. After interaction with the ACS present, we do not find any justification why required stringent action has not been taken when serious violations have been continuing for the last more than six years and repeated findings have been recorded by this Tribunal. Such rampant violations should have been and should now be controlled by higher authorities on emergency basis.
22. Secondly, we find that even after categorical direction of the Tribunal for action against concerned officers responsible for permitting large scale violations for extraneous reasons, no action is shown to have been taken.
It is not the case of the State that there was no violation or that no officer colluded in the process. Thus, it may appear that the State is shielding the violators. If rule of law is top prevail, enquiry may have to be held to identify such violators and to deal with them as per law. We have conveyed to the 23 additional Chief Secretary to look into this aspect and we expect meaningful action.
23. Thirdly, violations are still continuing without meaningful action to the detriment of resources of the State and public health. We expect stringent measures as per law in view of evidence of violations. We have accordingly asked the Additional Chief Secretary to ensure such action speedily.
24. We further direct that the identified violators be put to notice of these proceedings by the State so that the Tribunal may give them hearing and fix their accountability for the violations. Pending orders of this Tribunal for action against violations, the State and its authorities are not debarred from remedying the situation by exercising their power.
25. Since we find much to be desired in remedial action against gross continuing violations inspite of categorical orders, we direct that henceforth, the Chief Secretary, Jharkhand may personally monitor compliance atleast once in a month and file his own affidavit about the measures taken and compliance status as on 30.06.2023, on or before 15.07.2023 by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. Needless to say, the Chief Secretary would be free to interact any other Department or Institutions/Experts. Adequate police force be deployed in the area and polluting activities be stopped by closing violating units till adequate preventive measures are adopted to prevent air pollution. For past violations, compensation is liable to be assessed and recovered which is to be used for restoration measures. Adequate Ambient Air Quality Systems and CCTV cameras may be installed as to enable stringent monitoring, using the available technology. The amount of 24 compensation already recovered and available may be utilized for such purposes, including plantation. The PPs may be required to construct necessary roads as per already laid down EC/consent conditions, if the mined mineral is to be transported, to prevent generation of dust in the course of transportation.
26. We further direct that sample survey of 10 percent of the units (stone crusher and mining) on random basis may be conducted by a joint Committee of Senior representative of CPCB, State PCB and District Magistrate and report with regard to status of compliance with reference to CTO conditions and in the light of supporting carrying capacity and data of air quality be furnished to this Tribunal within three months by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF as well as to the Chief Secretary on which the Chief Secretary may ensure adequate remedial action. The teams conducting sample survey may be provided adequate police protection by the Superintendent of Police, Sahibganj. State PCB will be the nodal agency for coordination and compliance.
List for further consideration on 03.08.2023.
A copy of this order be forwarded to Chief Secretary, Jharkhand, CPCB, State PCB, District Magistrate and SSP, Sahibganj by e-mail for compliance.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Dr. A. Senthil Vel, EM March 15, 2023 Original Application No. 23/2017 (EZ) SN 25