National Green Tribunal
Dinesh Singla vs Ajay Goel on 17 May, 2024
Item No.1 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(Through Physical Hearing with Hybrid VC Option)
Original Application No. 701/2022
IN THE MATTER OF:
Mr. DINESH SINGLA,
Shiv Colony, Tigaon Road,
Ballabhgarh Zila, Faridabad,
Haryana and Others. ...Applicants
Versus
1. Mr. Ajay Goel,
K.K. Concrete Products Private Limited,
Shiv Colony, Tigaon Road, Bhikam Colony,
Ballabhgarh Zila, Faridabad, Haryana-121004,
Phone: 9350618568.
Email Address: [email protected].
2. The State of Haryana,
Through Chief Secretary,
Government of Haryana,
4th Floor, Haryana Civil Secretariat,
Sector-1, Chandigarh.
Email Address: [email protected].
3. Haryana State Pollution Control Board,
Regional Officer HSPCB Apartment,
Sector 24 -25, Faridabad, Haryana.
Phone: 0129-2225314.
Email Address: [email protected].
4. District Magistrate, Faridabad,
Sector 12, Faridabad,
Haryana 121007.
Email Address: [email protected].
5. M/s K.K. Concrete Products Private Limited
(Project Proponent),
Shiv colony, Tigaon Road, Bhikam Colony,
Ballabhgarh, District Faridabad, Haryana-121004.
Email Address: [email protected].
6. Municipal Corporation, Faridabad
MCF Office, Near B.K. Chowk, Deep Chand Bhatia Marg,
Sector 22, Faridabad, Haryana-121005
Email Address: [email protected]
7. Public Works Department, Faridabad,
O.A. No. 701/2022 Dinesh Singla & Ors. Vs. Ajay Goel & Ors.
2
CISF, Sector 8, Faridabad, Haryana-121006,
Email Address: [email protected].
/[email protected]. ...Respondents
Counsel for Applicant:
Mr. Pratap Singh, Advocate for Applicant.
Counsel for Respondents:
Mr. Sumer Sodhi and Mr. Chaitanya Sharma, Advocates for Respondent No. 1 & 5.
Mr. Rahul Khurana, Advocate for Respondent No.2 to 4.
Ms. Akanksha Tanwar, RO HSPCB, Ballabhgarh.
Ms. Mansi Chahal, Advocate- Amicus Curiae PRESENT:
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER Judgment Reserved on:- 07.12.2023 Judgment pronounced on :- 17.05.2024 Application under the provisions of the National Green Tribunal Act, 2010.
Judgment
1. The applicants have filed the present application under the provisions of the National Green Tribunal Act, 2010 seeking closure of the industry-M/s K.K. Concrete Products Pvt. Ltd. due to violation of environmental norms and pollution caused.
2. The applicants have complained that an industry in the name of M/s K.K. Concrete Products Pvt. Ltd. owned by Mr. Ajay Goel has been established in the residential area of Shiv colony, Tigaon, Ballabhgarh, District Faridabad, Haryana which is manufacturing cement tiles and pipes etc. Heavy machinery is installed in the above said industry.
Running of the above said industry is causing air and noise pollution endangering the life of the residents of the locality particularly the senior citizens and children. The raw material and product are transported in O.A. No. 701/2022 Dinesh Singla & Ors. Vs. Ajay Goel & Ors. 3 heavy trucks which also cause air and noise pollution. The dust pollution caused by spreading of cement and sand in the air is posing serious health problems to the residents of the locality particularly the aged persons who face severe difficulty in breathing. The relevant part of the letter petition enumerating grievances of the applicant is reproduced as follows:-
"िवषय- के .के . कं ट ोडे स ा० िल० िशव कालोनी, ितगांव रोड, ब लबगढ़ ारा वनी दूषण व वायु दूषण फै लाने पर कानूनी कायवाही करने बारे व उसे तुर त भाव से ब द करने बारे ।
ीमान जी, िनवेदन यह है क हम ाथ गण आपसे िनवेदन करते है क हमारी कालोनी, यािन िशव कालोनी, ितगांव रोड, ब लबगढ़ िजला फरीदाबाद, ह रयाणा 121004 म एक क पनी के .के . कं ट ोडे स ा० िल० िजसका मािलक ी अजय गोयल है िजसका स पक सू 9350618568 है, थािपत है िजसमे सीमै ट क टाईले व पाईप इ या द बनते है, िजसमे बडी-बडी मशीनरी लगी ई है, जो क ब त अिधक मा ा म वनी उतप करती, है, तथा क पनी से ब त अिधक मा ा म सीमै ट व रे त हवा मे उड़ती है जो क मनु य के जीवन के िलए हािनकारक है, तथा उसमे से कु छ हािनकारक िवकरण जो क क पनी के ारा माल बनाते समय ब त अिधक मा ा म वायुम डल म उडते है, जो क जीवन के िलए ब त यादा घातक है, और इसमे बडे-बडे को ारा माल लाया व लेजाया जाता है जो ब त अिधक मा ा म वनी पैदा करते है तथा धूल उडाते है, उपरो क पनी रहायशी े के अ दर है। क पनी के ारा यावरण को दूिषत करने का काम कया जा रहा है िजससे े म रहने वाले लोग को ब त परे शािनय व बीमारीय का सामना करना पड रहा है, बडे बुजग ु इस क पनी के दूषण से ब त यादा परे शान है उ हे ऑ सीजन लेने म ब त परे शानी हो रही है तथा दूषण उनके फै फडे, व गुद आ द म अिधक मा ा म भािवत कर रहा है। तथा ब को पढाई करने व परी ा क तैयारी आ द करने म परे शानी हो रही है, उपरो क पनी के ारा जो दूषण हो रहा है उससे हम ब त परे शान है, तथा हमे हमारा व अपने बडे बुजग ु का व ब ो क जान का खतरा भी बना आ है, आपसे हमारी सभी े वािसय क हाथ जोडकर ाथना है क उपरो क पनी को तुर त भाव से ब द कर दया जाये, और हमारी व हमारे बडे बुजग ु व ब ो क जान क र ा क जाये, अ यथा हम महामारी के िशकार हो जायगे िजसके िलए क पनी व क पनी मािलक िज मेवार होगा। आपसे पुनः िनवेदन है क उपरो क पनी को तुर त भाव से ब द करा दया जाये। आपक अित कृ पा होगी।"
O.A. No. 701/2022 Dinesh Singla & Ors. Vs. Ajay Goel & Ors. 4
3. Since prima facie the averments made in the application prima facie raised questions relating to environment arising out of the implementation of the enactments specified in Schedule I to the National Green Tribunal Act, 2010, this Tribunal considered it appropriate to have response of Ajay Goel, State of Haryana through Chief Secretary, Government of Haryana, HSPCB, District Magistrate, Faridabad, and Project Proponent- Ms K.K. Concrete Products Pvt. Ltd. Shiv colony, Tigaon, Ballabhgarh, District Faridabad, Haryana who were impleaded as respondents No. 1 to 5 vide order dated 27.09.2022 and notices were issued to them.
4. This Tribunal, by abovementioned order, also constituted a Joint Committee comprising of representatives of State PCB and District Magistrate, Faridabad and directed the same to meet within two weeks, undertake visits to the site, look into the grievances of the applicant, associate the applicant and representatives of the project proponent, verify the factual position and submit its report within one month and in case it observed any violation of consent conditions/environmental norms, to forward a copy of its report to the Project Proponent to enable it to comply with the recommendations in the report of the Joint Committee or file objections against its observations/recommendations before this Tribunal and to the concerned Statutory Authorities including State PCB and Deputy Commissioner, Faridabad to enable them to take appropriate remedial action by following due process of law.
5. In compliance of order dated 27.09.2022, report of the Joint Committee has been submitted by the Regional Officer, Ballabgarh Region, HSPCB vide email dated 29.12.2022. The relevant part of the report is reproduced below:-
O.A. No. 701/2022 Dinesh Singla & Ors. Vs. Ajay Goel & Ors.5
"Report in compliance of Hon'ble NGT order dated 27.09.2022. in the matter of Dinesh Singla & Ors. V/s Ajay Goel in Original Application No. 701/2022 X X X X X
2. Compliance of Hon'ble National Green Tribunal directions:-
in compliance of Hon'ble NGT directions issued vide order dated 27.09.2022, a committee of following officers was constituted to undertake site visit and look into the grievance and factual action taken report: -
Sr. Name of Officer & Designation Representative
No.
I. Sh. Trilok Chand, SOM, District
Ballabgarh Magistrate
Faridabad
2. Sh. Abhijeet Singh Tanwar, HSPCB,
AEEE, Ballabgar Region Regional Office,
Ballabgarh
Region
3. Observations and Findings: -
(i) Joint committee comprising of representative of District
Magistrate & State PCB visited the site on 03.11.2022. It was found that the site under question is a unit involed in the manufacturing of concrete products i.e.Block Tiles, Concrete Blocks, Cement Pipes etc. using Cement, Aggregate (Fine/Stone), Fly Ash etc. The unit was found in operation. It has obtained Consent to Operate valid upto 31.12.2026.
(ii) The plant and machinery found at site were 2 No. of mixtures 1 vibrating tables, pipe making machines, Batching plant, DG Set of 25 KVA. The DG set was equipped with Acoustic Encloser as well as 3 metre highstack. There is no source of trade effluent and industrial air emissions but activity involved causes dust emissions. Handing of raw material and vehicular movement are sources of dust emissions. The unit has installed Sprinklers inside the premises of the unit and also provided mattled/pakka road to control dust emission generated while transporting raw materials and products. Raw material was found covered at site during inspection.
(iii) The unit was visited by the Joint Committee on 17.12.2022 also and Ambient noise monitoring was done at site and noise levels found Location of monitoring Noise Level (in Noise Level (in dB/A) while unit in dB/A) operation while unit not in operation O.A. No. 701/2022 Dinesh Singla & Ors. Vs. Ajay Goel & Ors.6
Inside the premises of 78.3 73.7
Respondent unit
Outside the premise of 82.8 82.5
Respondent Unit (at entry
gate)
Inside the premise / 75.3 73.5
godown of complainant's
brother ; (adjoining left
side)
Inside the house of other 76.1 73.2
complainant Sh. Oaal
Chand (adjoining back
side)
It is concluded from the noise monitoring results that there is no significant impact on noise levels at complaint's premises/out side the PP's premises due to operation of the unit in question. It is worthwhile to mention here that there are residential premises as well as commertial establishments nearby the unit in question. The photographs of the unit in question and surrounding area are enclosed herewith as Annexure-R/1.
Relevant facts pertaing to M/s K K Concrete Products Pvt. ltd., Tigaon Road, Ballabgarh, Faridabad:
4. Apart from the observations made during inspection, it will be relevant to place on record other facts as per record of the Haryana State Pollution Control Board:
(i) A complaint was earlier received by HSPCB lodged by the nearby residents regarding action taken against the unit running in the residential area. Accordingly the unit was inspected by the concerned field officer Sh.
Ujjwal Kumar, AEE on 30.05.2022 and found that the unit in question is involed in the manufacturing of concrete products Le.Block Tiles, Concrete Blocks, Cement Pipes etc. using Cement, Aggregate (Fine/Stone), Fly Ash etc. & covered under Green category as per policy of the Board vide HSPCB office order dated 04.12.2020. But the said unit was found running illegally without obtaining prior mandatory Consent to Establish and Consent to Operate from the Board.
(ii) The Show Cause Notice was issued to said unit by the Regional Office, HSPCB, Ballabgarh Region vide letter no. HSPCB/BR/2022/514 dated 02.06.2022. But the unit fails to submit the compliance as per policy of the Board.Therefore, closure action was recommended to Head Office by the Regional Office, HSPCB, Ballabgarh Region vide E- office letter no l/123256/2022 dated 07.07.2022. Accordingly, the closure order was issued by the competent authority vide Head Office E-office letter no. 1/125309/2022 dated 18.07.2022 (Annexure-R/2) and the same was implemented by the Regional Office, HSPCB, Ballabgarh Region.
O.A. No. 701/2022 Dinesh Singla & Ors. Vs. Ajay Goel & Ors. 7
(iii) The said unit in question submitted request for suspension of closure order along with required documents & No Objection Certificate from Municipal Corporation, Faridabad vide letter no. MCF/JCB/2022/1015 dated 04.08.2022 (Annexure-R/3) and also applied for Consent to operate through HROCMMS portal alongwith consent fees and performance security. Thereafter, the case for suspension/revocation of closure order was recommended by Regional Office, HSPCB, Ballabgarh Region and suspension of closure order was issued by HSPCB (HQ) vide E-office letter no. 1/130575/2022(1) dated 24.08.2022.Subsequent thereto, Consent to operate was granted to the unit vide letter dated 08.09.2022 and valid upto 31.12.2026 (Annexure-
R/4).
Recommendations:
(i) The unit must ensure sprinkling of water to suppress dust emission.
(ii) Workers be equipped with mask and gloves. The report is submitted for kind consideration."
6. Reply has been filed on behalf of respondent no. 1, Ajay Goel and respondent no. 5, M/S K.K. Concrete Products Pvt. Ltd. vide email dated 04.01.2023. In their reply respondent no. 1, Ajay Goel and respondent no. 5, M/S K.K. Concrete Products Pvt. Ltd. have submitted that Respondent No. 1, Ajay Goel is the land owner of the project wherein Respondent No. 5, K. K. Concrete Products Pvt. Ltd. is operating and has obtained the land on rent. Further, the Respondent No. 1 is also the Authorised Representative of Respondent No. 5, K. K. Concrete Products Pvt. Ltd. In their reply respondent no. 1, Ajay Goel and respondent no. 5, M/S K.K. Concrete Products Pvt. Ltd. have taken preliminary objection that present application is not maintainable as the Applicants have made unsubstantiated and vague allegations without any basis or valid supporting documents. In their reply respondent no. 1, Ajay Goel and respondent no. 5, M/S K.K. Concrete Products Pvt. Ltd. have submitted that Applicants/are blackmailers who have instituted the instant proceedings with malafide intentions to achieve their vindictive goals and have no regard for the environment. Applicant No. 1, Dinesh Singla has filed the application as a means to achieve his O.A. No. 701/2022 Dinesh Singla & Ors. Vs. Ajay Goel & Ors. 8 motive of taking over the land owned by the Respondent No. 1. In CIS No. CMA/85/2022 Ld. Addl. District Judge, Faridabad was pleased to grant injunction in favour of Respondent No. 1 on 20.06.2022. Applicant No. 1 made multiple frivolous complaints against Respondent No. 1 before the Haryana State Pollution Control Board as well as this Tribunal. There have been multiple instances wherein the Applicants/ Complainants have attacked Respondent No. 1 and his family members. Respondent No. 1 was forced to lodge an FIR dated 06.10.2022 against Dhalchand for offences under Sections 323 and 506 read with Section 34 of the Indian Penal Code, 1860. The credentials of the Applicants be tested by this Hon'ble Tribunal.
7. Respondent no. 1, Ajay Goel and respondent no. 5, M/S K.K. Concrete Products Pvt. Ltd. have submitted that the whole area around the Tigaon Road is an industrial area since the past 3-4 decades. Multiple industrial units and large crematorium (shamshan ghat) and around 25 to 30 rubber factories causing pollution exist in the surrounding area but the applicants have not made any complaint against the same. Respondent no. 1, Ajay Goel and respondent no. 5, M/S K.K. Concrete Products Pvt. Ltd. have submitted that the Unit of Respondent No. 5 was commissioned on 22.12.2021. Inadvertently respondent No.5, started the operation without obtaining Consent from the Haryana State Pollution Control Board. The Applicants made complaint to the Haryana State Pollution Control Board alleging air pollution being caused by the Respondent No. 5. The HSPCB, upon receiving the complaints, conducted a site visit on 30.05.2022. Said visit was conducted by the Field Officer of HSPCB. During the inspection it was observed that the unit of the Respondents was running without obtaining CTE and CTO from the Board and without installing Air Pollution Control Devices. In view of the observation made vide site visit conducted on 30.05.2022, a Show Cause O.A. No. 701/2022 Dinesh Singla & Ors. Vs. Ajay Goel & Ors. 9 Notice dated 02.06.2022 was used by the Haryana SPCB which was responded to by Respondents no. 1 and 5. However, the response was found to be unsatisfactory by the HSPCB and it issued the Closure Order dated 19.07.2022 for closure of Respondent no. 5 unit. Respondent no. 5 immediately closed down the cement product manufacturing unit. Respondent no. 5 upon realization of the inadvertent error immediately sought to rectify the same and made an application for grant of NOC for establishment and operation of the Respondent no. 5 unit on 28.07.2022 before the Municipal Corporation, Faridabad, Ballabhgarh, Haryana. The Joint Commissioner, Municipal Corporation, Faridabad, Ballabhagarh, Haryana was pleased to grant NOC for establishment and operation of the Respondent no. 5's unit subject to obtaining the Consent from the Haryana State Pollution Control Board. Respondent no.5 made application for grant of CTO to the HSPCB, which finally granted the CTO to the Respondent no.5's cement product manufacturing unit on 08.09.2022. Respondent no.5 has operated the project without CTO for a brief period of just over 6 months from 22.12.2021 to 18.07.2022 and the appropriate action has been taken by the Haryana SPCB against Respondent no.5. Respondent no. 5 has obtained all applicable environmental permissions from appropriate authorities. Respondent no. 1, Ajay Goel and respondent no. 5, M/S K.K. Concrete Products Pvt. Ltd. have submitted that present Original Application be rejected in view of the concealment, malafides of the Applicants and not raising of any substantial question relating to the environment.
8. Vide order dated 04.01.2023 this Tribunal observed that in its report the Joint Committee has not looked into the aspects of compliance with EC/consent conditions by the project proponent. The Joint Committee was directed to look into the same and submit report. In O.A. No. 701/2022 Dinesh Singla & Ors. Vs. Ajay Goel & Ors. 10 compliance thereof report of the Joint Committee has been filed vide email dated 01.04.2023 and the compliance status of the conditions of the CTO has been annexed therewith as ANNEXURE A.
9. This Tribunal also observed that as per report of the Joint Committee noise level outside the premises of the respondent no.5's unit was 82.5 dB(A) when the unit was not in operation as against the maximum prescribed noise levels of 75 dB(A) during day time and 70 dB(A) during night prescribed for industrial area and there were also other variations beyond prescribed limits on other parameters. The source/causes of noise pollution in the area deserved to be looked into and there was an urgent necessity of taking appropriate remedial measures for abatement of noise pollution in the area. Accordingly, Respondents No. 2 to 5 were directed by above said order to look into the source/causes of noise pollution and take appropriate remedial measures and specifically mention in their reply/response by them action taken.
10. In compliance thereof report of the Joint Committee has been filed vide email dated 01.04.2023. The relevant part of the report is reproduced below:-
"REPORT-CUM-REPLY IN COMPLAINCE OF ORDER DATED 04.01.2023 X X X X X
4. That in compliance of order dated 04.01.2023, the Haryana State Pollution Control Board sought respective reports from the Traffic Police, MCF and SDM Ballabhgarh. A meeting was held under Chairmanship of Additional Deputy Commissioner (ADC), Faridabad on 15.03.2023. The Traffic Police was asked to control traffic congestion and sensitize people to avoid pressure horn and unnecessary honking. The MCF was directed to provide vertical plantation at possible sites near area in question. The Traffic Police and Municipal Corporation of Faridabad were asked to submit details of remedial measures on these points.
5. That in furtherance of meeting dated 15.03.2023, the ACP (Traffic) submitted its report dated 21.03.2023 with the following submissions:
O.A. No. 701/2022 Dinesh Singla & Ors. Vs. Ajay Goel & Ors.11
(i) The Executive Engineer (PWD B&R) has been requested to place Sign Board regarding 'No Entry of Heavy Goods Vehicles in restricted time' and 'prohibition of Pressure Horn' so that traffic in 'No Entry time' and Noise Pollution due to Pressure Horn can be avoided.
(ii) Awareness Drive was conducted to sensitize the public to follow traffic norms to prevent & control Air and Noise Pollution.
Challans were issued against violators.
Copy of letter dated 21.03.2023 of the ACP (Traffic), Faridabad is annexed as ANNEXURE B.
6. That in furtherance of meeting dated 15.03.2023, the Joint Commissioner, MCF submitted its report dated 24.03.2023 to the Sub Divisional Magistrate, Ballabhgarh. Copy of Letter dated 24.03.2023 of the Joint Commissioner (Ballabhgarh), MCF is annexed as ANNEXURE C.
7. That MCF and PWD (B&R) have to complete their task of vertical Plantation and placing of Sign Board as mentioned above. Placing of Sign Boards regarding 'No Honking' may result reduction of honking and resultant reduction of Noise Pollution. Smooth traffic will also helpful to reduce noise level. The Vertical Plantation may also be helpful to abosrve the surrounding noise.
After completion of these tasks and consequent reduction in noise level shall be monitored by the Joint Committee and placed before this Hon'ble Tribunal.
Recommendations:
1. The MCF should complete the exercise of vertical Plantation at suitable places in nearby area of the respondent unit no. 5.
2. The PWD (B&R) should complete the exercise of placing Sign Board regarding compliance of Traffic Norms including 'No Honking'."
11. In view of the report of the Joint Committee filed vide email dated 01.04.2023 this Tribunal considered it appropriate to seek response from Municipal Corporation, Faridabad and Public Works Department, Faridabad who were impleaded as respondents no. 6 and 7.
12. In compliance thereof reply has been filed on behalf of Municipal Corporation Faridabad vide email dated 28.08.2023. In its reply Municipal Corporation Faridabad has submitted that exercise of placing Sign Board regarding 'NO HONKING' has been completed and that for O.A. No. 701/2022 Dinesh Singla & Ors. Vs. Ajay Goel & Ors.12
vertical plantation, estimate was approved for outdoor vertical garden in front of Bhikam Colony, Gali No.16 & 17, Tigaon Road. At first instance, no bid received. The tender was floated again. After completion of tender process, work order has been awarded on dated 26/08/2023. The work is likely to be completed within three weeks.
13. In their reply respondents no. 1 and 5 have submitted that M/s K.K. Spun Pipe Pvt. Ltd situated opposite site of the unit of respondent no. 5 is engaged in the same manufacturing business and employing the same methods and raw material for manufacturing of cement products in a larger area. In their reply respondents no. 1 and 5 also submitted that M/s Everest Steel is situated in the same area which uses oil furnace and generators for production purposes without using any air pollution control devices and without obtaining any environmental permission. In their reply respondents no. 1 and 5 also submitted that there are about 25 to 30 rubber factories in the area which are stated to be causing environmental pollution in the area.
14. Vide order dated 29.08.2023 HSPCB was directed to file status report regarding compliance by M/s K.K. Spun Pipe Pvt. Ltd, M/s Everest Steel and 25 to 30 rubber factories in the area with regard to environmental norms and remedial measures taken for control of air and noise pollution.
15. Report has been filed by HSPCB vide email dated 28.11.2023. The relevant part of the report is reproduced below:-
"Status Report in compliance of Hon'ble NGT order dated 29.08.2023 in the matter of Dinesh Singla & Ors. Vs Ajay Goel in OA No. 701/2022.
X X X X
2.0 Factual Report
1. That the Regional Office, HSPCB, Ballabgarh requested respondent no. 1 vide letter dated 15-09-2023 for inspection of O.A. No. 701/2022 Dinesh Singla & Ors. Vs. Ajay Goel & Ors.13
the units mentioned by him in his reply submitted before this Hon'ble Tribunal. However, respondent no. 1 expressed his unavailability till 24-09-2023. He was again contacted telephonically to confirm his availability but he refused till 24- 10-2023. Further, after confirming his availability Regional officer, Ballabgarh vide letter dated 25-10-2023 requested the amicus curie Ms. Mansi Chahal advocate to conduct inspection alongwith HSPCB and applicant. The inspection was finally conducted on 03-11-2023 after confirmation of availability of amicus curie, respondent no. 1 and applicant.
3.0 Finding/Observations:
The observations of the team are given as below:-
1. M/s K.K. Concrete Products Pvt. Ltd., Bhikam Colony, Tigaon Road, Ballabgarh, Faridabad is a unit involved in the manufacturing of concrete products i.e. Block Tiles, Concrete Blocks, Cement Pipes etc. using Cement, Aggregate (Fine/Stone), Fly Ash etc. The unit was found in operation. It has obtained consent to operate valid upto 31.12.2026 (Annexure-R/1). The plant and machinery found at site were 2 no. of mixtures, vibrating tables, pipe making machines, batching plant used for manufacturing of Fly Ash bricks. The unit was directed by the team to ensure proper housekeeping.
2. M/s K.K. Spun Pipe Pvt. Ltd. was situated in front of M/s K.K. Concrete Products Pvt. Ltd., as submitted by Respondent No. 01 & 05 in their reply dated 04.01.2023. During inspection, the unit was found dismantled from the site. Further, it was informed by the Security Guard and nearby peoples that unit is not in operation since long back due to insolvency.
3. M/s Everest Steel Pvt. Ltd., was also situated in the close proximity of M/s K.K. Concrete Pvt. Ltd. during inspection the unit was found engaged in Engineering and Fabrication and such type of units are white category units and are not required to obtain Consent to Establish and Consent to Operate from the HSPCB. There was no trace of any kind of furnace in the unit.
The unit was directed by the team to ensure proper housekeeping.
4. The team along with Ld. amicus curie Ms. Mansi Chahal, Advocate surveyed the area of Shiv Colony, Ballabgarh and did not find any other industrial unit in the proximity of that area. The same was confirmed from the residents of Shiv Colony, Sh. Mukesh Singla representative of the applicant and Sh. Ajay Goel, Respondent No. 05 in this matter.
16. In view of the nature of issues involved and environmental impact of the alleged violations of environmental norms, this Tribunal considered it appropriate to have the assistance of some Advocate as amicus curie to assist this Tribunal in just and fair adjudication of the questions O.A. No. 701/2022 Dinesh Singla & Ors. Vs. Ajay Goel & Ors. 14 involved. Accordingly, Ms. Mansi Chahal Advocate was appointed as amicus curie to assist this Tribunal in just and fair adjudication of the questions involved. The HSPCB was directed to pay an amount of Rs. 50,000/- to the learned amicus curie as honorarium besides travel and other expenses out of the amount of environmental compensation lying deposited with it.
17. Submissions/report has been filed by Learned Amicus Curie vide email dated 05.12.2023. the relevant part of the submissions/report is reproduced below:-
"REPORT & SUBMISSIONS ON BEHALF OF THE AMICUS CURIAE
1. That this Honourable Tribunal vide Order dated29.08.2023, in the above-titled matter, was pleased to appoint the undersigned as Amicus Curiae for assisting this Honourable Tribunal on the issues and questions raised in the instant Application.
2. That I visited the factories namely K.K Spun Pipe Pvt Ltd, M/s K.K Concrete Products Pvt Ltd & M/s Everest Steel Fabricators on 03.11.2023 along with Ms. AkanshaTanwar, Regional Officer, BallabhgarhRegion, HSPCB & Mr. Ujjwal, AEE, Ballabhgarh Region, HSPCB. The representative/ brother of the applicant namely Mr. Mukesh Singla along with 3-4 other local residents was also present at the site during the inspection. The amicus also had a telephonic conversation with the applicant i.e. Mr Dinesh Singla who told that his brother Mr. Mukesh Singla will be present on his behalf during the inspection.
3. BRIEF DETAILS OF THE SITE VISITS CONDUCTED ARE DETAILED AS UNDER:-
3.1. M/S K.K SPUN PIPE PVT LTD The unit was engaged in manufacturing of cement/ Concrete Products. The unit is lying closed from about last 1 year and is not in operation anymore. The guard who was present at the site/ factory informed that the factory went bankrupt and is thus closed from about last one year. On visit, No operation or manufacturing process was found in the factory.
3.2. M/S K.K CONCRETE PRODUCTS PVT LTD I. The unit was stated to be established in year 1971 and is engaged in manufacturing of cement/ Concrete Products like Block Tiles, cement blocks, cement pipes etc. The unit has O.A. No. 701/2022 Dinesh Singla & Ors. Vs. Ajay Goel & Ors.15
obtained Consent to Operate under Air and Water Act from HSPCB valid from 08.09.2022- 31.12.2023, under Green category.
II. There is no source of any trade effluent in the factory. But the manufacturing process causes dust emissions in and around the premises. The vehicular movement i.e. trucks carrying raw materials are the major source of dust emissions. However, the unit has installed the water sprinklers to control the dust emissions.
III. The housekeeping of the unit was found unsatisfactory. The cleanliness and proper management was also lacking in the premises. Tyres &Garbage was found lying in an unorganized manner.
IV. The plantation and greenery was not maintained properly. Due to vehicular movement and dust emissions, the layers of dust were lying covering the leaves.
V. That the unit was made operational to observe the noise levels. No adverse impact due to noise was observed in the surrounding area.
VI. That the undersigned also had conversation with the local residents, who were residing nearby this unit. The residents submitted that the major problem faced by them is due to the dust emissions caused by the vehicular movements in the unit.The residents denied with any problem of noise due to unit.
3.3. M/S EVEREST STEEL FABRICATORS I. The unit namely M/s Everest Steel Fabricators is situated adjacent to M/s K K Concrete Products Pvt Ltd. and is engaged in engineering and fabrication work.
II. The unit is covered under White category as per HSPCB policy which includes engineering and fabrication work (dry process without any heat treatment/ metal surface finishing operations/ painting). But some painted materials, on which spray painting was done, were found on the spot.
III. There was no plantation in the unit.
IV. The housekeeping was found non- satisfactory.
The unit was lacking cleanliness.
3.4. RUBBER UNITS AS STATED IN THE REPLY OF RESPONDENT NO. 5 The undersigned also visited the Shiv Colony, Gali No. 1 and No rubber factories or any other factory were found operating in that area.
3.5. SUGGESTIONS In order to combat the pollution, following measures are suggested to be adopted by:-
O.A. No. 701/2022 Dinesh Singla & Ors. Vs. Ajay Goel & Ors.16
1. The units shall be encouraged to install/ put "Vertical Gardens" (A garden in which the plants are supported to grow along vertical, especially fences or on walls, rather than along the ground) having living plants in them, and built-in irrigation system (as shown in Picture 1). The Vertical gardens or the Green walls will serve as the natural air purificationsystem.These are energy cost effective as their plants reduce the overall temperatures of buildings when exposed to the sun. Moreover, the units will also be encouraged to adopt the Principle of "Sustainable Development". Also, vertical gardens will work as a mask to both air and noise pollution.
2. The greenery already existing in the unit should be maintained properly with adequate watering. (as shown in Picture 2)
3. Adequate number of trees shall be planted in the units along with the inside and outside boundary wall of the unit.
4. The scrap material & garbage must be properly managed by the unit, preferably by making a separate shed/ area for it and disposing it in a scientific manner.
5. The unit namely M/s KK Concrete Pvt Ltd should develop the Kuccha approach road into a Pucca metallic road in order to combat the dust emissions arising due to vehicular movement.
6. The Units shall undertake the CSR activity by contributing for Environmental protection & restoration and do the plantation activity on a Government land, which will significantly contribute in reducing the air pollution, improving the local ecosystem and overall biodiversity.
7. The vehicles like trucks carrying the raw material to the unit shall be properly covered so that the dust particle doesn't get released in the air.
8. The monitoring and inspections of the unit shall take place at regular intervals so as to keep a continuous vigilance on the units."
18. We have heard submissions made by learned Counsel for the applicant and learned Counsel for the respondents and we have gone through the material on record carefully.
19. In their respective submissions the applicant and learned Counsel for the respondents have reiterated their submissions made in the application and reply/reports filed by the respondents.
O.A. No. 701/2022 Dinesh Singla & Ors. Vs. Ajay Goel & Ors. 17
20. The present case involves adjudication of following questions relating to environment arising out of implementation of the enactments specified in Schedule I to the National Green Tribunal Act, 2010
(i) Whether the application has been filed by the applicants malafide and is not maintainable?
(ii) Whether the industry is causing air pollution Air Pollution as alleged by the applicants?
(iii) Whether the industry is causing noise pollution as alleged by the applicants?
(iv) If the answer to (ii) or (iii) or both be in affirmative, then what remedial measures are required to be taken and by whom?
21. Our findings on the above mentioned environmental questions along-with reasons for the same are given hereunder.
(i) Whether the application has been filed by the applicants malafide and is not maintainable?
22. The Original Application has been registered on the basis of a letter petition dated 25.05.2022 filed by Dinesh Singla and others who claim to be residents of Shiv Colony, Tigaon Road, Ballabhgarh, Faridabad, Haryana and are allegedly aggrieved by the operation of M/s. K.K. Concrete Products Pvt. Ltd.
23. Learned Counsel for respondents no. 1 and 5 has challenged the bona fides of the Applicants and argued that Applicant No. 1, Dinesh Singla has filed the present original application as a means to achieve his motive of taking over the land owned by the Respondent No. 1. Respondent No. 1 and Dinesh Singla have undergone previous round of litigation as Respondent No. 1 had filed a Civil Case against Dinesh O.A. No. 701/2022 Dinesh Singla & Ors. Vs. Ajay Goel & Ors. 18 Singla and his brother, Mukesh Kumar. Applicant No. 1, Dinesh Singla and his brother had attempted to illegally take over the land belonging to Respondent No. 1. Respondent No. 1 was forced to take legal recourse against them. In CIS No. CMA/85/2022 injunction was granted in favour of the Respondent No. 1 on 20.06.2022. With a view to black mail Respondent No. 1 out of his property, Applicant No. 1 made multiple frivolous complaints against Respondent No. 1 before HSPCB as well as this Tribunal. Respondent No. 1 was forced to lodge an FIR dated 06.10.2022 against Dhalchand for offences under Sections 323 and 506 read with section 34 of the Indian Penal Code, 1860. Hon'ble Supreme Court recently in its judgement dated 21.10.2022 passed in Civil Appeal No. 2407-2412 of 2021 titled as "The State of Uttar Pradesh & Ors. vs Uday Education and Welfare Trust and Anr." considered the issue with regard to the credentials and bonafides of the Applicants who approach this Tribunal. The Hon'ble Supreme Court held that when the credentials and bonafides of a litigant approaching this Tribunal are seriously raised, the same cannot be ignored and must be tested. Further, the Hon'ble Supreme Court requested this Tribunal that when credentials and bonafides of litigants are seriously raised and when entertaining the grievance of such litigants, which is likely to adversely affect the rights of many, it should ensure the bonafides and credentials of such litigants.
24. On the other hand, learned Counsel for the Applicants has argued that the Applicants have raised substantial questions relating to environment in Public Interest and the application is maintainable in view of settled law governing Public Interest Litigation.
25. Even though civil and criminal cases are pending between respondent No.1 but mere pendency of civil and criminal cases between O.A. No. 701/2022 Dinesh Singla & Ors. Vs. Ajay Goel & Ors. 19 them does not by itself justify the inference of the application having been filed mala fide to coerce respondent no.1 to concede claim of applicant no.1. Respondent no.5's unit is stated to be likely to cause dust emission. This Tribunal cannot lose sight of the fact that right to life includes within its sweep right to clean and healthy environment which cannot be denied and has to be protected and implemented in the fullest measure by all the instrumentalities of the State and the Project Proponents. The Applicant has raised substantial questions relating to environment in Public Interest and the application is maintainable in view of settled law governing Public Interest Litigation and enforcement of fundamental rights. Even otherwise, it is now well settled that this Tribunal can take cognizance of questions relating to environment arising out of implementation of the enactments specified in Schedule I to the National Green Tribunal Act, 2010 suo motu as held by Hon'ble Supreme Court in Municipal Corporation of Greater Mumbai v. Ankita Sinha (2021) SCC Online SC 897: Law Finder Doc Id # 1890858: 2021 AIR (Supreme Court) 5147) and can adjudicate upon the questions involved in the present case. Consequently, the application cannot be said to be mala fide and is not liable to dismissed on the ground of being not maintainable and this question is answered accordingly.
(ii) Whether the industry is causing air pollution Air Pollution as alleged by the applicants?
26. M/s K.K. Concrete Products Pvt. Ltd., Bhikam Colony, Tigaon Road, Ballabgarh, Faridabad is a unit involved in the manufacturing of concrete products i.e. Block Tiles, Concrete Blocks, Cement Pipes etc. using Cement, Aggregate (Fine/Stone), Fly Ash etc. There are residential premises as well as commercial establishments nearby the unit in question and the area of its location is not residential area exclusively. O.A. No. 701/2022 Dinesh Singla & Ors. Vs. Ajay Goel & Ors. 20 The unit falls in green category and did not require prior environmental clearance. The unit has been granted consent to operate valid upto 31.12.2026.
27. The Joint Committee visited the site on and found the unit to be operational. The plant and machinery found at site were 2 no. of mixtures, vibrating tables, pipe making machines, batching plant used for manufacturing of Fly Ash bricks. The Joint Committtee has mentioned in its report that there is no source of trade effluent and industrial air emissions but activity involved causes dust emissions. Handing of raw material and vehicular movement are sources of dust emissions. The unit has installed Sprinklers inside the premises of the unit and also provided metaled/pakka road to control dust emission generated while transporting raw materials and products. Raw material was found covered at site during inspection.
28. The applicants did not file any objections against the report of the Joint Committee and have not produced any cogent material to substantiate the allegations regarding causing of air pollution in the area by respondent no.5's unit. There is no ground to doubt the correctness of report of the joint committee which is accepted and this question is answered in the negative that respondent no.5's unit is not causing air pollution as alleged by the applicant.
29. However the manufacturing process causes dust emissions in and around the premises. The vehicular movement i.e. trucks carrying raw materials are the major source of dust emissions. The unit has installed the water sprinklers to control the dust emissions. The Amicus Curiae found the housekeeping of the unit to be unsatisfactory. The cleanliness and proper management was also lacking in the premises. Tyres and Garbage were found lying in an unorganized manner. The plantation and O.A. No. 701/2022 Dinesh Singla & Ors. Vs. Ajay Goel & Ors. 21 greenery was not maintained properly. Due to vehicular movement and dust emissions, the layers of dust were lying covering the leaves. The Amicus Curiae had conversation with the local residents, who were residing nearby this unit. The residents submitted that the major problem faced by them is due to the dust emissions caused by the vehicular movements in the unit.
30. The Amicus Curiae has given the suggestions that the units shall be encouraged to install/ put "Vertical Gardens" (A garden in which the plants are supported to grow along vertical, especially fences or on walls, rather than along the ground) having living plants in them, and built-in irrigation system. The Vertical gardens or the Green walls will serve as the natural air purification system. These are energy cost effective as their plants reduce the overall temperatures of buildings when exposed to the sun. Moreover, the unit will also be encouraged to adopt the Principle of "Sustainable Development". Also, vertical gardens will work as a mask to both air and noise pollution. The greenery already existing in the unit should be maintained properly with adequate watering. Adequate number of trees shall be planted in the unit along with the inside and outside boundary wall of the unit. The scrap material and garbage must be properly managed by the unit, preferably by making a separate shed/ area for it and disposing it in a scientific manner. The unit should develop the Kuccha approach road into a Pucca metallic road in order to combat the dust emissions arising due to vehicular movement. The vehicles like trucks carrying the raw material to the unit shall be properly covered so that the dust particle doesn't get released in the air. We find the suggestions made by Amicus Curiae to be not only germane and proper but also essential for protection and improvement of environment in the area. Respondents no.1 and 5 are directed to implement the above O.A. No. 701/2022 Dinesh Singla & Ors. Vs. Ajay Goel & Ors. 22 mentioned suggestions given by the Amicus Curiae and take the remedial measures suggested by the Amicus Curiae within three months.
31. HSPCB is directed to carry out monitoring and inspections of respondent no. 5's unit at regular intervals so as to keep a continuous vigil for ensuring that no air and noise pollution is caused by the same.
(iii) Whether the industry is causing noise pollution as alleged by the applicants?
32. The Joint Committee visited the on 17.12.2022 and carried out Ambient noise monitoring at site and found noise levels as under:-
Location of monitoring Noise Level (in Noise Level (in dB/A) while unit in dB/A) operation while unit not in operation Inside the premises of 78.3 73.7 Respondnet unit Outside the premise of 82.8 82.5 Respondnet Unit (at entry gate) Inside the premise / 75.3 73.5 godown of complainant's brother ; (adjoining left side) Inside the house of other 76.1 73.2 complainant Sh. Oaal Chand (adjoining back side)
33. Rule 3 of the Noise Pollution (Regulation and Control) Rules, 2000 provides as under :-
"AMBIENT AIR QUALITY STANDARDS IN RESPECT OF. NOISE FOR DIFFERENT AREAS/ZONES.-
(I) The ambient air quality standards in respect of Noise for different areas/zones shall be such as specified in the Schedule annexed to these rules.
O.A. No. 701/2022 Dinesh Singla & Ors. Vs. Ajay Goel & Ors. 23 (2) The State Government shall categorize the areas into industrial, commercial, residential or silence areas/zones for the purpose of implementation of noise standards for different areas.
(3) The State Government shall take measures for abatement of noise including noise emanating from vehicular movements, blowing of horns, bursting of sound emitting fire crackers, use of loud speakers or public address system and sound producing instruments and ensure that the existing noise levels do not exceed the ambient air quality standards specified under these rules.
(4) All development authorities. local bodies and other concerned authorities while planning developmental activity or carrying out functions and country planning shall take into consideration all aspects of noise pollution as a parameter of quality of life to avoid noise menace and to achieve the objective of maintaining the ambient air quality standards in respect of noise.
(5) An area comprising not less than I000 meters around hospitals, educational institutions and courts may be declared as silence area/zone for the purpose of these rules.
SCHEDULE see rule 3(1) and 4(1) Ambient Air Quality Standards in respect of Noise Area Code Category of Limits in dB (A) Leq Area/Zone (A) Industrial area 75 70 (B) Commercial area 65 55 (C) Residential area 55 45 (D) Silence Zone 50 40 Note:- 1. Day time shall mean from 6.00 a.m. to 10.00 p.m.
2. Night time shall mean from 10.00 p.m. to 6.00 a.m. 1[3. Silence zone is an area comprising not less than 100 metres around hospitals, educational institutions, courts, religious places or any other area which is declared as such by the compete Authority].
4. Mixed categories of areas may be declared as one of the four above mentioned categories by the competent authority. *dB(A) Leq denotes the time weighted average of the level of sound in decibels on scale A which is relatable to human hearing.
O.A. No. 701/2022 Dinesh Singla & Ors. Vs. Ajay Goel & Ors. 24
A "decibel" is a unit in which noise is measured.
"A':, in dB(A) Leq, denotes the frequency weighting in the measurement of noise and corresponds to frequency response characteristics of the human ear.
Leq: It is an energy mean of the noise level over a specific period.
2. COMPLAINTS TO BE MADE TO THE AUTHORITY.-
(1) A person may, if the noise level exceeds the ambient noise standards by 10 dB(A) or more given in the corresponding columns against any area/zone 2[or, if there is a violation of any provision of these rules regarding restrictions imposed during night time], make a complaint to the authority.
(2) The authority shall act on the complaint and take action against the violator in accordance with the provisions these rules and any other law in force."
34. Noise monitoring results show that there is no significant impact on noise levels at applicant's premises/outside the respondent No.5's premises due to operation of the unit in question.
35. The unit was made operational to observe the noise levels at the time of visit by the Amicus Curiae. No adverse impact due to noise was observed in the surrounding area. The residents contacted also denied any problem of noise due to the unit.
36. In view of the above this question is answered in the negative that respondent no.5's unit is not causing noise pollution as alleged by the applicant.
(iv) If the answer to (ii) or (iii) or both be in affirmative, then what remedial measures are required to be taken and by whom? O.A. No. 701/2022 Dinesh Singla & Ors. Vs. Ajay Goel & Ors. 25
37. Since answers to (ii) and (iii) are in the negative, no intervention by this Tribunal for issuance of directions other than directions mentioned above for implementation of the suggestions given by the Amicus Curiae is warranted.
38. In view of the above discussion, present original application is disposed of with directions mentioned in paras 30 and 31 above leaving the parties to bear their own costs.
D Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM 17th May, 2024 ag