National Green Tribunal
Devidas Khatri vs District Collector Bikaner on 22 August, 2025
Item Nos.04&05
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No.261/2024(CZ)
Devidas Khatri Applicant(s)
Vs.
State of Rajasthan & Ors. Respondent(s)
With
Original Application No.23/2025(CZ)
(Earlier O.A. No.35/2025 - PB)
Ram Singh Applicant(s)
Vs.
State of Rajasthan & Ors. Respondent(s)
Date of Hearing: 22.08.2025
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant (s): Mr. Rohit Kumar Tuteja, adv.
For Respondent(s) : Mr. Rohit Sharma, Adv. for RSPCB
Mr. Om Shankar Shrivastava, Adv. for R-2
Mr. Lokendra Singh Kachhawa, Adv. for R-5-19
Mr. Rachit Soni, Adv. for
Mr. Shoeb H. Khan, adv. for State
ORDER
1. Issues raised in these applications are common and are taken up together and are disposed of by a common order.
2. The grievance of the Applicant in O.A. No.261/2024(CZ) is violation of environmental norms and laws by Respondent nos. 04 to 19, Units 1 O.A. No.261/2024(CZ) Devidas Khatri Vs. State of Rajasthan & Ors. With O.A. No.23/2025(CZ) Ram Singh Vs. State of Rajasthan & Ors.
engaged in manufacturing of Plaster of Paris in Khara Industrial Area in Tehsil & District - Bikaner, Rajasthan.
3. It is further contended that the irregular and unchecked operation of these units led to severe pollution as per the newspaper articles the AQI of the disputed area was 900, which is very high. As per the news articles the residents of Khara Village are directly affected and are suffering from disease like Asthma etc.
4. It is further alleged that these Units are in operation in violation of environmental laws extracting ground water without due permission of the Central Ground Water Authority and they are violating the conditions stipulated in the consent to operate issued to them by the State Pollution Control Board.
5. The issues raised in another application i.e., O.A. No.35/2025-PB, later on registered as O.A. No.23/2025(CZ), are on the same in issue. Matter was taken up by the Tribunal and a Committee was constituted with direction to submit the factual and action taken report.
6. Accordingly, the members of the Committee visited the site and submitted the report as follows:-
"Factual & action taken report in compliance of Hon'ble National Green Tribunal Central Zone, Bhopal order dated 13-12-2024 in the matter of OA 261/2024 (CZ), Devidas Khatri V/s State of Rajasthan & Ors.
Hon'ble National Green Tribunal, Central Zone Bench, Bhopal vide order dated 13-12-2024 issued following order/instructions in the matter of OA 261/2024(CZ) of Devidas Khatri V/s State of Rajasthan & Ors: -
"1. The grievance of the applicant is violation of environmental norms and laws by respondent nos. 04 to 19, units engaged in manufacturing of plaster 2 O.A. No.261/2024(CZ) Devidas Khatri Vs. State of Rajasthan & Ors. With O.A. No.23/2025(CZ) Ram Singh Vs. State of Rajasthan & Ors.
of Paris in Khara Industrial Area in Tehsil & District - Bikaner, Rajasthan.
2. It is further contended that the irregular and unchecked operation of these units led to severe pollution as per the newspaper articles the AQI of the disputed area was 900, which is very high. As per the news articles the residents of Khara Village are directly affected and are suffering from disease like Asthma etc.
3. It is further alleged that these units are in operation in violation of environmental laws extracting ground water without due permission of the Central Ground Water Authority and they are violating the conditions stipulated in the consent to operate issued to them by the State Pollution Control Board.
4. A substantial issue of environment has been raised.
7. We deem it just and proper to call a report on the matter in issue, in present Original Application, from a Joint Committee consisting of: -
(i) One representative from the Collector Bikaner, Rajasthan
(ii) One Representative from the State Pollution Control Board, Rajasthan
8. The Committee is directed to visit the place and submit the factual and action taken report with the list of units operating in the field with detail of consent conditions within six weeks. The State PCB will be the nodal agency for coordination and logistic support. Constitution of the Joint Committee: -
In compliance of above Hon'ble Tribunal order dated 13-12-2024, the following officials have been nominated as members of Joint Committee by respective departments: -
1. Smt. Kavita Godara SDM, Bikaner (Representative from Collector, Bikaner, Rajasthan).
2. Shri Rajkumar Meena, Regional Officer, RSPCB, Bikaner (Representative from State Pollution Control Board, Rajasthan).
Introduction: -
The OA No 261/2024 (CZ) of Devidas Khatri V/s State of Rajasthan & Ors is related with violation of environmental 3 O.A. No.261/2024(CZ) Devidas Khatri Vs. State of Rajasthan & Ors. With O.A. No.23/2025(CZ) Ram Singh Vs. State of Rajasthan & Ors.
norms and laws by plaster of paris (POP) manufacturing industries in Khara Industrial Area (i.e. Growth Centre, Khara). Plaster of Paris industries are covered under orange category as per categorization of industries/project/ process/activities/mines issued vide State Board office order no. F14(23)/Policy/RPCB/Plg/153 to189 dated 02-06-
2020. Copy of the categorization dated 02-06-2020 is enclosed at Annexure-R-3.
About plaster of paris industries: -
The majority of gypsum deposits are found in the Bikaner District and nearby areas. Gypsum mineral is the only raw material used in plaster of paris manufacturing. Plaster of Paris contains the calcium sulfate hemihydrates (CaSO4.0.5 H2O). This is prepared by heating the gypsum which contains calcium sulfate dihydrate (CaSO4·2H2O) at temperature about 150°C (140- 180°C). Gypsum shapes the POP when heated to such a temperature. Majorly Plaster of Paris industries are situated in Bikaner District in different clusters.
Manufacturing process of Plaster of Paris: -
Plaster of paris industries are running on old and obsolete technology due to no advancement in technology. Plaster of paris manufacturing is batch process. Firstly, gypsum is crushed in hammer mill/jaw crusher to reduce the size of gypsum. After that, the crushed gypsum is stored in hopper with the help of bucket elevators. Gypsum is fed into rotary drum calciner from hopper for calcination process. The Rotary Drum calciners are horizontal drums, rotating along the horizontal shaft at slow speed of around 10-12 rpm. The gypsum (inside rotary drum calciner) is heated in the furnace so that the temperature rises to 140- 180 °C inside the drum for 1 to 2 hrs for removing physical moisture. To convert gypsum (CaSO4.2H2O) into Plaster of paris (CaSo4 0.5H2O) by one and half molecules of water is removed. Furnace temperature is subjectively maintained at around 400-450 °C. The calcined plaster of paris after cooling is fed with the help of bucket elevator in the pulveriser for reducing size and packed in airtight bags.4
O.A. No.261/2024(CZ) Devidas Khatri Vs. State of Rajasthan & Ors. With O.A. No.23/2025(CZ) Ram Singh Vs. State of Rajasthan & Ors.
There is no use of water during manufacturing of Plaster of Paris in these industries and water is used only for drinking purpose only.
Flow chart process: - Fuel
Raw gypsum Crushing and Cooling and
Calcining pulverizing
Lumps grinding of
lumps
Packing
Type of fuel used: -
Agro waste and wood are most commonly used fuel in calciner furnace.
Source of air emissions in plaster of paris industries: -
All the dust emissions are primarily fugitive in nature and are generated due to raw material storage, material handling, vehicular movement, crushing of lump and pulverizing activities. During calcining process, stack emission is also generated from calciner drum and flue gases emission from calciner furnace.
The major source of dust emission is the drum vent pipe and combustion gas emissions from furnace during calcination. During calcination, as the gypsum is heated, the water vapour is liberated while coming out of drum calciner outlet, which also carries fine dust particles of gypsum/POP along with them. A gap is left between calciner drum vent and stack to smell the steam, so that it becomes clear that the process of making the plaster of paris has been completed.
Flow diagram of Calcination process and emissions source 5 O.A. No.261/2024(CZ) Devidas Khatri Vs. State of Rajasthan & Ors. With O.A. No.23/2025(CZ) Ram Singh Vs. State of Rajasthan & Ors.
Details of pollution control measures adopted by Plaster of paris industries: -
The emissions from rotary drum calciner are dispersed into atmosphere by natural draft through a trapezoidal stack. The water vapors pass through the stack and the dust being moist gets settled at the bottom of the stack from where it is removed and reused. Industries has provided stacks about 11 meters at calciner furnaces for emissions generated from furnaces.
Earlier, a study was conducted by CPCB in 2007 on Plaster of Paris industries for development of environmental standards and preparing comprehensive industry document for Plaster of Paris industries. Plaster of Paris industries has adopted Pollution Control Measures as suggested in the aforesaid study. Copy of development of environmental standards and preparing comprehensive industry document for Plaster of Paris industries by CPCB in 2007 is enclosed at Annexure-R-4 Field Visit by the Joint Committee: -
The Joint Committee has visited the Growth Centre, Khara and industries of plaster of paris, nearby area of Khara village on date 28-01-2024 for the verification of status of Industries and industrial area. During visit Shri Surendra Prasad Sharma, Regional Manager, RIICO Ltd. was also present.
Details during the visit are mentioned as under:-
a. RIICO Ltd has established Growth Centre, Khara in the year of 1994 in Bikaner District. Growth Centre, Khara has been developed in different specified zone i.e general zone, ceramic zone, mineral zones. b. One mineral zone of Growth Centre, Khara is situated adjacent to the Khara Village. Distance between Growth Centre, Khara and village khara is approx. 30 meters. c. Some plaster of paris industries is also established in converted private land in village Khara. Distance of plaster of paris industries from village khara those situated on converted land is approx 1.5 to 2 Km. d. Total 120 plaster of paris industries are situated in Village Khara (in RIICO allotted land and converted land).6
O.A. No.261/2024(CZ) Devidas Khatri Vs. State of Rajasthan & Ors. With O.A. No.23/2025(CZ) Ram Singh Vs. State of Rajasthan & Ors.
Presently 82 industries were found operational, 36 industries were found non-operational and 2 industries were found closed. Details of 120 plaster of paris industries along with Consent status and status of upgradation work of air pollution control measures adopted by industries is enclosed at Annexure-R-7. e. 76 plasters of paris industries were found established in mineral zone & in general zone of Growth Centre, Khara. During visit, 56 plaster of paris industries out of 76 industries were found operational. 18 plaster of paris industries were found non-operational and 2 industries were found closed. RSPCB has been issued Closure direction against 4 industries out of 18 industries. Remaining 14 industries have done self-closure until they have not done upgradation work in air pollution control measures.
f. 44 plasters of paris industries are also situated in converted private land in village Khara. 26 plasters of paris industries out of 44 industries was found operational. Remaining 18 plaster of paris industries was found non-operational. RSPCB has been issued Closure direction against 3 industries out of 18 industries. Remaining 15 industries have done self- closure until they have not done upgradation work in air pollution control measures.
g. Details of plaster of paris industries and their air pollution control measures status as mentioned respondent no 04 to 19 in OA 261/2024(CZ) of Devidas Khatri V/s State of Rajasthan & Ors is enclosed at Annexure- R-8.
h. Details of containing consent condition of plaster of paris unit M/s Mahendra Enterprises, G-1-40, IGC, Khara is enclosed at Annexure- R-9.
i. During inspection, major source of air pollution in plaster of paris industries are material handling, vehicular movement, crushing of lump and pulverizing activities. Stack emission is also generated from calciner drum and flue gas from calciner furnace. For control of air pollution industries has adopted following measures: - Material handling: - Flexile tarpaulin has been provided at raw materials.
Vehicular movement: - Water sprinkling has been 7 O.A. No.261/2024(CZ) Devidas Khatri Vs. State of Rajasthan & Ors. With O.A. No.23/2025(CZ) Ram Singh Vs. State of Rajasthan & Ors.
provided for dust suppressions within premises. Crushing of lumps: - Covered hammer mills/jaw crushers and bucket elevators has been covered with metals sheets.
Pulverizing activities: - dust collector and bag filters has been provided for at pulverizer. Pulverizer is also installed in closed shed.
Drum Vent: - Industries have provided covered room with gate to check steam at vent pipe of drum and one settling chamber followed by stack and one downward pipe to collect steam.
Calciner furnace: - Industry has provided dust collectors followed by wet scrubber and stack for control of air emissions generated from burning of fuel.
j. All Plaster of paris industries are small scale industries and established in clusters, where raw material is easily available and approachable. During visit it is also observed that the main reason of arising air pollution is large number of plasters of paris industries situated in small cluster area.
k. During visit, Committee has also observed that road dust, dumping of industrial waste on road side and damaged roads are also source of air pollution in Growth centre Khara.
l. During visit, clean of road side waste was underway by RIICO Ltd. Shri Surendra Prasad Sharma, Regional Manager, RIICO Ltd informed that they have given contract to Nagar Nigam, Bikaner for cleaning and repairing works to roads and other maintenance work in Growth Centre, Khara.
m. Shri Surendra Prasad Sharma, Regional Manager, RIICO Ltd informed that cleaning of industrial area and lifting of road side dump industrial waste will be completed in coming month. Also informed that they will done regular cleaning of roads in Growth Centre, Khara for control of fugitive emissions generated due to vehicular movement.
n. During visit, there is no tubewell/borewell was found in any plaster of paris industries. Representative of informed that due to salty ground water, Bore well has 8 O.A. No.261/2024(CZ) Devidas Khatri Vs. State of Rajasthan & Ors. With O.A. No.23/2025(CZ) Ram Singh Vs. State of Rajasthan & Ors.
not been done in Industries. Shri Surendra Prasad Sharma, Regional Manager, RIICO Ltd informed that water requirement is being met out by supply through IGNP, Canal.
Action taken report of RSPCB: -
I. A complaint regarding arising air pollution due to operation of plaster of paris industries in Khara village was received in Regional Office, RSPCB, Bikaner through e-mail on date 23-10-2024. Therefore, visit of industrial area and nearby area of village khara was conducted in the presence of villagers on date 24-10- 2024. A representation was also received during visit on date 24-10-2024 by villagers of Khara. Copy of complaint received on e-mail on date 23-10-2024 and representation received during survey is enclosed at Annexure-R-11. Copy of visit conducted during presence of villagers on date 24-10-2024 is enclosed at Annexure-R-12.
II. On the basis of visit dated 24-10-2024, three survey teams had been constituted by Regional Officer, Bikaner to verify the latest status of pollution control measures adopted by Plaster of Paris industries and ambient air quality monitoring was also conducted in village at different locations from 07-11-2024 to 17-11- 2024. Copy of office order dated 28- 10-2024 for constitution of teams for survey of Plaster of Paris industries is enclosed at Annexure-R-13. Details of air quality monitoring conducted in village at different locations from 07-11-2024 to 17-11-2024 is enclosed at Annexure-14.
III. On the basis of ambient air quality result of village Khara, a team was also deputed on date 18-11-2024 by State Board and team Official's had visited Khara Industrial Area and village Khara on date 19-11-2024 and 20-11-2024. Copy of team visit report dated 19-11-2024 and 20-11-2024 is enclosed at Annexure-15.
IV. After knowing air quality of Village Khara, Khara Growth Center Udyog Sangh has submitted a letter on 25-11-2024 regarding self-closure of industries until 9 O.A. No.261/2024(CZ) Devidas Khatri Vs. State of Rajasthan & Ors. With O.A. No.23/2025(CZ) Ram Singh Vs. State of Rajasthan & Ors.
they have not received advancement in air pollution control measures. Therefore, a team has also deputed vide State Board order date 08-12-2024 for guidance of the Plaster of Paris unit for advancement in pollution control measures from 09-12-2024. Copy of Khara Growth Center Udyog Sangh letter dated 25-11-2024 is enclosed at Annexure-16 and State Board letter dated 08-12-2024 is enclosed at Annexure-17. V. Closure direction has been issued against nine Plaster of Paris industries situated in Khara so far on the basis of non-compliances observed during visit. List of closure direction issued is enclosed at Annexure-18. VI. D.O. letter has been also written to RIICO on date 16- 01-2025 with requesting to improve the road conditions of Khara industrial area. D.O. letter written to RIICO on date 16-01-2025 is enclosed at Annexure-19. VII. Head Office has constituted two teams for conducting stack/fugitive monitoring of plaster of paris industries. Copy of Head Office order dated 24-01-2025 is enclosed at Annexure-20.
A meeting was held on 10-12-2024 in the chairmanship of District Collector, Bikaner in the matter of air pollution in Khara Industrial Area.
Recommendation: -
On the basis of observations made during site visit and facts brought in the notice, the Joint Committee recommends that: -
1. M/s RIICO Ltd. may ensure that regular cleaning of industrial area and lifting of road side dump waste will be completed at the earliest.
2. Industries and industrial Association may ensure to developed dense plantation on road side in industrial Area.
3. M/s RIICO Ltd. may also ensure repairing of roads at the earliest and also efforts made for construct metallic roads in mineral zone.
4. Industrial association, Khara may also ensure the provisions of metallic roads in converted land area."10
O.A. No.261/2024(CZ) Devidas Khatri Vs. State of Rajasthan & Ors. With O.A. No.23/2025(CZ) Ram Singh Vs. State of Rajasthan & Ors.
7. Learned counsel for the State PCB Mr. Rohit Sharma, has submitted that the area was developed by the RIICO in the year 1997 and in view of the guidelines issued, Environmental Clearance is not appliable to Plaster of Paris (PoP) industries in accordance with the EIA Notification dated 14.09.2006. It is further argued that the PoP industries are categorised under the "Orange Category" as per the categorization of industries/projects/processes /activities/mines issued by the State Board vide Office Order No. F14 (23)/Policy/RPCB/Plg/153 to 189 dated 02.06.2020. It is stated that the Central Pollution Control Board conducted a study in 2007 environmental standards and for developing preparing a comprehensive industry document for POP industries, which are predominantly situated in Bikaner District in various clusters. It is further stated that POP industries are operating on old and obsolete technology due to a lack of advancements in this sector and regular surveys and monitoring of POP industries in Khara Industrial Area have been conducted by the Rajasthan State Pollution Control Board, and closure directions have been issued against Nineteen (19) non- compliant units so far. It is stated that a complaint received via email on 23.10.2024 prompted an immediate inspection of the industrial and nearby village areas on 24.10.2024 in the presence of villagers, during which a representation was also received. Subsequently, three survey teams were constituted on 28.10.2024 by the Regional Officer, Bikaner, to verify the pollution control measures adopted by POP units, and ambient air quality monitoring was conducted in Khara village at various locations from 07.11.2024 to 17.11.2024. Based on the air quality results, team was deputed on 18.11.2024 to inspect the Khara Industrial Area and Khara village on 19.11.2024 and 20.11.2024. It was observed that air pollution in the area is primarily 11 O.A. No.261/2024(CZ) Devidas Khatri Vs. State of Rajasthan & Ors. With O.A. No.23/2025(CZ) Ram Singh Vs. State of Rajasthan & Ors.
caused by POP industries located in clusters near the village, which is situated in the downwind direction of the industrial area. Following this, the Khara Growth Centre Udyog Sangh submitted a letter on 25.11.2024, voluntarily stating their decision to temporarily close operations until advanced air pollution control measures are implemented. Additionally, a State Board team was deputed on 08.12.2024 to guide the units on upgrading their pollution control measures, and a D.O. letter was issued to RIICO improvements to on 16.01.2025, requesting the road conditions in Khara Industrial Area.
8. Learned counsel for the State PCB has further argued that the industry was inspected on 19.04.2018 prior to the issuance of the "Consent to Operate" on 23.05.2018. It is pertinent to mention that Consent Condition No. 8(F) specifically states: "That the responsibility for performance evaluation and implementation of pollution control measures shall be of the industry." Accordingly, it is submitted that the industry is solely responsible for the establishment, operation, and evaluation of the pollution control measures stipulated in the Consent to Operate dated 23.05.2018.
9. It is also submitted that Unit has provided necessary equipments for control of air pollution and that an application for Consent to Operate was previously filed in the year 2019 and deficiencies in the application was communicated for its removal. Ambient and Stack Monitoring of the industry was conducted by the Regional Office, Bikaner, on 10.05.2023 and the results were found to be within the prescribed limits and accordingly the Consent to Operate was issued to the Unit in the year 2023.
10. Learned counsel for the RIICO, Respondent No.2, Mr. Om Shankar Shrivastava, has submitted that the Respondent, being a State-owned 12 O.A. No.261/2024(CZ) Devidas Khatri Vs. State of Rajasthan & Ors. With O.A. No.23/2025(CZ) Ram Singh Vs. State of Rajasthan & Ors.
enterprise, has been engaged creating suitable and feasible infrastructure for establishments of small, medium and large scale projects. The answering respondent is developing organized industrialization to ensure development of basic infrastructure in the Industrial Areas in the State of Rajasthan over a period of time since late 1970s. It is stated that RIICO industrial areas providing direct and indirect employment/ industrialization in the State, which is backbone for industrial development in the State and contributing GDP for our country.
11. It is also submitted that the RIICO allotted plots to the industrial units in RIICO industrial areas with the stipulations that every industry is required to obtain prior Consent to Establish and Consent to Operate from Rajasthan State Pollution Control Board (hereinafter referred as 'RSPCB') before commencement of construction and operation of industries respectively. It is stated that RSPCB being regulatory body, is required to ascertain that each and every industry shall comply the conditions/ stipulations of the Consent to Establish and Consent to Operate given to them by the RSPCB. It is further stated that the RSPCB is responsible to ensure that the industries do not operate in violation of environmental laws.
12. It is also submitted that for development of Industrial Growth Center at Bikaner, State Government transferred admeasuring area 1191 Bighas 14 Biswa land vide various letters-no. F-4(20) Udhyog/Group- I/92; F-4(20)3/1/92 Udhyog/Group-I/92 in favour of RIICO. The possession of this land is with RIICO over which industrial Growth Center Khara has been developed by the RIICO. It is pertinent to mention here that EIA Notification, 2006 was duly notified in the year 2006, hence, RIICO was not required to obtain prior Environmental 13 O.A. No.261/2024(CZ) Devidas Khatri Vs. State of Rajasthan & Ors. With O.A. No.23/2025(CZ) Ram Singh Vs. State of Rajasthan & Ors.
Clearance for development of this industrial Growth Centre Khara as per prevailing norms at that time.
13. It is further argued that the role of the RIICO is to develop the basic infrastructure which includes roads, water supply, powerline, stormwater, drains, street lights and land for unit operation has been allotted on the basis of a lease deed in accordance with the parameters laid down by the RIICO as per the requirement of the Units.
14. Another report has been submitted by the State PCB with the fact that the air quality was conducted by stack monitoring at different places and particulate matters were found to be within the prescribed limits.
15. In view of the above facts, it is narrated that there are no violations.
Learned counsel for the Applicant has also submitted that as per analysis report submitted by the State PCB, since no violations have been found, thus the matter may be disposed of accordingly.
16. In view of the above facts, since no violations have been reported by the State PCB, thus no further action is required. Both the Original Applications i.e., O.A. No.261/2024(CZ) and O.A. No.23/2025(CZ) stand disposed of accordingly.
Sheo Kumar Singh, JM Dr. Afroz Ahmad, EM 22st August, 2025, Original Application No.261/2024(CZ) with Original Application No.23/2025(CZ) (Earlier O.A. No.35/2025 - PB) AK 14 O.A. No.261/2024(CZ) Devidas Khatri Vs. State of Rajasthan & Ors. With O.A. No.23/2025(CZ) Ram Singh Vs. State of Rajasthan & Ors.