National Green Tribunal
In Re Questions Arise Over Limited Aqi ... vs State Of West Bangal on 26 April, 2024
Item No.05 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.175/2023/EZ
IN THE MATTER OF:
In Re.:- "Questions arise over limited AQI
monitoring machines in Kolkata compared
to Delhi, Mumbai" News item published in
the Lokmat Times English dated. 27.11.2023
...Applicant(s)
Versus
1. Member Secretary,
West Bengal Pollution Control Board,
Paribesh Bhawan, Sector-III, Salt Lake,
Bidhannagar, Kolkata-700106,
2. Central Pollution Control Board,
through its Chairman, Parivesh Bhawan,
East Arjun Nagar, Delhi - 110032,
3. Principal Secretary,
Department of Environment,
Government of West Bengal,
5th Floor, Pranisampad Bhawan,
Block LB-II, Salt Lake, Sector III, Bidhannagar,
Kolkata - 700106,
4. Municipal Commissioner,
Kolkata Municipal Corporation,
1st Floor, Central Municipal Office (CMO)
5 SN Banerjee Road, Kolkata 700 013,
...Respondent(s)
Date of hearing: 26.04.2024
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s) : Suo Motu,
For Respondent(s) : Mr. Dipanjan Ghosh, Advocate for R-1,
Mr. Rajib Ray, Advocate for R-2, (in Virtual Mode)
Mr. Sudip Kumar Dutta, Adv. for R-3, (in Virtual Mode)
Mr. Sibojyoti Chakraborty, Advocate a/w
Mr. Prithwish Basu, Adv. for R-4, (in Virtual Mode)
1
ORDER
1. The present Original Application was taken up in pursuance of an article published in the Lokmat Times English dated 27.11.2023 raising concerns over the limited AQI Monitoring Machines in Kolkata.
2. The article mentions that the total number of automatic Continuous Ambient Air Quality Monitoring Station (CAAQMS) in Kolkata is only 7 compared to 35 in National Capital Region (NCR) and 25 in Mumbai. This, according to the article, deprives the public of getting a 360 degree picture of the pollution level scenario in the city.
3. It is also stated that the West Bengal Pollution Control Board had committed itself to the installation of 10 additional automatic Continuous Ambient Air Quality Monitoring Station (CAAQMS) machines in the city in 2022 but the same have not been installed till date. The Report also mentions that some of the automatic CAAQMS machines in the city of Kolkata are nonfunctional and inactive and some show wrong data. The article mentions that 7 automatic CAAQMS machines are totally insufficient for a city of the size and population of Kolkata. The article reads as under: -
"Questions arise over limited AQI monitoring machines in Kolkata compared to Delhi, Mumbai Kolkata, Nov 27 At a time when the air quality index (AQI) is deteriorating fast in Kolkata, questions are being raised about the limited number of CAAQMS machines, meant for monitoring AQI in different pockets of the city, compared to Mumbai and National Capital Region (NCR). According to acclaimed green technologist and environment activist Somendra Mohan Ghosh, the total number of automatic Continuous Ambient Air Quality Monitoring Stations (CAAQMS) machines in Kolkata is just seven, compared to 35 in the 2 NCR and 25 in Mumbai. This, according to him, deprives the public of getting a 360 degree picture of the pollution level scenario in the city. He also claimed that although the West Bengal Pollution Control Board (WBPCB) promised installation of 10 additional automatic CAAQMS machines in the city last year, the same is yet to see the light of the day till date.
"These 10 are overdue for installation in some critical areas at Kolkata where air pollution levels are higher than average level and are pending since March 2022. The WBPCB knows the reason better but citizens are suffering," he added.
Ghosh further pointed out that even some of the automatic CAAQMS machines in the city are at times non-functional with some being totally inactive and some showing wrong data. City-based environment activist Naba Dutta too agreed with Ghosh that just seven automatic CAAQMS machines are simply not enough for a city like Kolkata, which is already among the top ten polluted cities in the world.
"Even as per standards of other national metros the number is too less. We had been for a long time interacting with the state government and the competent authorities on this count so that additional automatic CAAQMS machines were installed. But our efforts are yet to bear fruits," Dutta added. He also said that the issue of non-functional machines too has come to the notice of environmentalists. "We are actively pursuing to rectify these areas and our efforts will be on," Dutta said. Repeated attempts made by their correspondent to contact the West Bengal Minister Incharge of environment department Md Ghulam Rabbani failed. Both his mobile numbers were perpetually out of reach.
Environmental activists feel that LED displays are capable of displaying real time air quality data from CAAQMS stations using the data acquisition software at the central server. "It displays current time and date via satellite and various weather and ambient air parameters such as CO, PM2.5 and PM10 along with calculated AQI from a local CAAQMS station setup by the Central 3 Pollution Control Board. "Do not know whether it is international or non-intentional. Even if it is nonintentional, who will take the responsibility for it?" Ghosh questioned"
4. Considering the matter, following were impleaded as Respondents in the present case:-
1. Member Secretary, West Bengal State Pollution Control Board as Respondent No.1;
2. Member Secretary, Central Pollution Control Board as Respondent No.2;
3. Principal Secretary, Department of Environment, Government of West Bengal as Respondent No.3; and
4. Municipal Commissioner, Kolkata Municipal Corporation as Respondent No.4
5. Counter-affidavit dated 30.12.2023 has been filed by the Respondent No.2, Central Pollution Control Board, stating therein that Kolkata Urban Agglomerate (UA) comprising of Barrackpore, Howrah & Kolkata area having a population of 1,40,35,959 (as per 2011 census including 9.64 lakh population of non-municipal areas) is required to have a minimum 16 Monitoring Stations in total, a combination of 12 CAAQMS and 4 Manual Stations in different areas, as per the population based criteria.
6. It is stated that at present Kolkata (UA) has 11 CAAQMS; 7-Kolkata (including Bidhannagar area), 3-Howrah, 1-Barrackpore, and 11 Manual Stations; 14-Kolkata, 10-North 24 Parganas, 5-Howrah, 07-Hooghly. It is also stated that operation and maintenance of these Monitoring Stations is the responsibility of the West Bengal Pollution Control Board except for 01 Manual Station which is operated by the Central Pollution Control Board, Regional Director, 4 Kolkata. It is also stated that the West Bengal Pollution Control Board is in the process of setting-up two more CAAQMS in Howrah.
7. In the affidavit, it is also stated that regarding installation of 10 more CAAQM Stations in some critical areas in Kolkata by the West Bengal Pollution Control Board, the network design criteria defines the minimum number of stations required based on population and the State Pollution Control Board may set-up more stations, if required, based on various activity profiles, hotspots, land use pattern etc.
8. It is also stated that the Central Pollution Control Board has published Guidelines for; (i) Measurement of Ambient Air Pollutants for Manual Sampling and Analyses, (ii) Real time sampling and analyses, & (iii) Guidelines for Ambient Air Quality Monitoring, which are available on the following websites:-
(i) https://prana.cpcb.gov.in/ncapDashboard/download_public_portal _file/NAAQMS_Volume-I.pdf
(ii) https://cpcb.nic.in/openpdffile.php?id=UmVwb3J0RmlsZXMvMjhfM TQ1ODExMDU4NV9OZXdJdGVtXzE5N19OQUFRTVNfVm9sdW11LU 1JLnBkZg
(iii) https://prana.cpcb.gov.in/ncapDashboard/download_public_portal _file/2003_CPCB_Guidelines_for_Air_Monitoring.pdf
9. It is also stated that for Air Quality Index (AQI) calculation (being done centrally at CPCB server), the concentration based data from all CAAQMS is transferred to CPCB server continuously on real tie basis. Based on 24 hours/8 hours moving averages data of various pollutants, the AQI is calculated through Central Server of CPCB, following defined set of algorithm is available at CPCB website:- 5
(https://cpcb.nic.in/displaypdf.php?id=bmF0aW9uYWwtYWlyLXF1YWxpd HktaW5kZXgvRk1oQUwtUkVQT1JUX0FRSV8ucGRm).
10. It is also stated that AQI and pollutants' concentration of all operating CAAQMS in the country is also displayed on CPCB website: (https://airquality.cpcb.gov.in/AQI_India_Iframe/, and https://airquality.cpcb.gov.in/ccr/#/caaqm-dashboard-all/caaqm landing/data respectively.
11. It is further stated that daily AQI bulletin is also published at 4 PM on CPCB website for all the cities connected with CPCB Server including Kolkata at: (https://cpcb.nic.in/aqi_report.php)
12. The West Bengal Pollution Control Board, Respondent No.1, has filed affidavit dated 05.01.2024 similar to the affidavit of the Central Pollution Control Board. Along with this affidavit, 'Criteria for designing the ambient air quality monitoring network' has been filed as Annexure-R-1 which reads as under:-
Criteria for designing the ambient air quality monitoring network Population Minimum No. of manual Minimum no of Total station under NAMP proposed (Census 2011) CAAQMS 1-Background 1-Residential 4 1,00,000-<5,00,000 2-Residential/Commercial 5,00,000<10,00,000 1-Background 1-Residential 8 2-Residential/Commercial 1-Traffic dominant area 1-Commercial 1-Background 2-Residential 8 2-Residential/Commercial 1-Traffic dominant area 10,00,000- <50,00,000 1-Commercial 1-Industrial area 6 1-Background in upwind 4-Residential 16 direction 3-Traffic dominant ≥50,00,000 1-Background in down wind area direction 3-Commercial 2-Residential/Commercial 2-Industrial area
13. Similarly, 'Details of CAAQMS Operational in Kolkata UA as on 29.12.2023' has been filed as Annexure-R-2 to the affidavit which reads as under:-
Details of CAAQMS Operational in Kolkata UA as on 29.12.2023 Sl. No. Urban District City Station Name Agglomeration Ballygunge Jadavpur Rabindra Bharati University Kolkata Kolkata Rabindra Sarobar Victoria Fort William Fort William (Cantonment Area) 1 Kolkata U.A. Barrackpore SVSPA Campus North 24 Parganas Bidhannagar (Salt ATI, Lake) Bidhannagar Howrah Howrah Belur Ghusuri Padmapukur Total CAAQMS 11
14. The 'Detail of Manual Stations under NAMP operational in Kolkata UA as on 29.12.2023' has also been filed as Annexure-R-3 to the affidavit which reads as under:-
7
Detail of Manual Stations under NAMP operational in Kolkata UA as on 29.12.2023 Sl. State Agency UA District City/Town Name & Type No. Location 1 West West Kolkata Kolkata Kolkata Baishnabghata, Residential Bengal Bengal Rooftop og B.P. U.A. (KMC Area) Upanagari Pollution Sporting Club, B-
Control 393/1, Board Baishnabghata Patuli Town, Kolkata 700094 2 West West Kolkata Kolkata Kolkata Behala, Rooftop of Industrial Bengal Bengal Behala Police U.A. (KMC Area) Station, 131, Pollution Diamond Harbour Control Road, Kolkata-
Board
700034
3 West West Kolkata Kolkata Kolkata Beliaghata, Residential
Bengal Bengal Rooftop of
U.A. (KMC Area)
Infectious
Pollution
Diseases and B.G.
Control
Hospital Building,
Board
57, Beliaghata
Main Road,
Kolkata-700010
4 West West Kolkata Kolkata Kolkata Gariahat, Rooftop Residential
Bengal Bengal of CESC Building,
U.A. (KMC Area)
6, Mandeville
Pollution
Garden, Kolkata
Control
700019
Board
5 West West Kolkata Kolkata Kolkata Hide Road, Industrial
Bengal Bengal Rooftop of
U.A. (KMC Area)
Administrative
Pollution
Building,
Control
Braithwaite and
Board
co. limited, 5 Hide
8
Road, Kolkata
700043
6 West West Kolkata Kolkata Kolkata Minto Park, Inside Residential
Bengal Bengal the premises of
U.A. (KMC Area)
Minto park, AJC
Pollution
Bose Road,
Control
Kolkata 700017
Board
7 West West Kolkata Kolkata Kolkata Mominpur, Rooftop Residential
Bengal Bengal of Mominpur KMC
U.A. (KMC Area)
Drainage, Pumping
Pollution
Station, 9,
Control
Mominpur Road,
Board
Kolkata 700027
8 West West Kolkata Kolkata Kolkata Moulali, Rooftop Residential
Bengal Bengal KMC Office
U.A. (KMC Area)
Building,
Pollution
Municipal Service
Control
Commission, 149,
Board
AJC Bose Road
Kolkata 700014
9 West West Kolkata Kolkata Kolkata Picnic Garden, Residential
Bengal Bengal Rooftop of Milan
U.A. (KMC Area)
143/96A, Picnic
Pollution
Garden Road,
Control
Board Kolkata 700039
10 West West Kolkata Kolkata Kolkata Shyambazar, Residential
Bengal Bengal Rooftop of the Park
U.A. (KMC Area)
Institution for
Pollution
Girl's school, 44,
Control
Canal West Road,
Board
Shyambazar,
Kolkata 700004
11 West West Kolkata Kolkata Kolkata Tollygunge, Residential
Bengal Bengal Rooftop of
U.A. (KMC Area)
Chanditala
Pollution
9
Control Headworks Water
Board Supply station
(KMC), Chandi
Ghosh road, Ward
no.97, Kolkata
700040
12 West West Kolkata Kolkata Kolkata Topsia, Rooftop of Industrial
Bengal Bengal M/s Elite India
U.A. (KMC Area)
Rubber Products
Pollution
Pvt. Ltd., 61,
Control
Topsia Road,
Board
Kolkata,
700046
13 West West Kolkata Kolkata Kolkata Ultadanga, Residential
Bengal Bengal Rooftop of
U.A. (KMC Area)
Manicktala, Fire
Pollution
Station Building,
Control
17, Bagmari Lane,
Board
Kolkata
700054
14 West CPCB Kolkata Kolkata Kolkata Kasba, Kolkata Residential
Bengal RD
U.A. (KMC Area)
Kolkata
15 West West Kolkata Howrah Howrah Bandhaghat, Industrial
Bengal Bengal Howrah
U.A. (HMC Area)
Municipality
Pollution
School,
Control
Bandhaghat
Board
Health Centre, 19,
Satyanarayan
Temple Rd, Ward
No.4, Howarh,
711106
16 West West Kolkata Howrah Howrah Ghusuri, Rest Residential
Bengal Bengal Room Roof Top,
U.A. (HMC Area)
KMDA Water
Pollution
Supply Pumping
10
Control Station,
Board Naskarpara Pump
House, West
Bengal, 711107
17 West West Kolkata Howrah Howrah Howrah Municipal Industrial
Bengal Bengal Corporation,
U.A. (HMC Area)
Howrah
Pollution
Control
Board
18 West West Kolkata Howrah Howrah Bator, CDS & Residential
Bengal Bengal Health Centre,
U.A. (HMC Area)
Urban Primary
Pollution
Health Centre,
Control
Near Classic N
Board
Spicy, 100-7 S N N
GANGULY Rd,
Santragachi,
Howrah, WB,
711104
19 West West Kolkata Howrah Ulberia Ulberia, ESI Residential
Bengal Bengal hospital nursing
U.A.
building, 3rd floor,
Pollution
Near Sahib Mandir
Control
Board
20 West West Kolkata Howrah Dhulagarh Dhulagarh Gram Industrial
Bengal Bengal Panchayat
U.A.
Pollution
Control
Board
21 West West Kolkata Howrah Sankrail H/O Dilip Negal, Industrial
Bengal Bengal beside
U.A.
Vivekananda
Pollution
Library of Bharat
Control
Co-operative
Board
Society, Sankrail
11
22 West West Kolkata Hooghly Chinsurah Chinsurah, 64, Residential
Bengal Bengal Hooghly ghat
U.A.
Station Road,
Pollution
Chinsurah RS,
Control
WB, 712103
Board
23 West West Kolkata Hooghly Uttarpara Uttarpara General Residential
Bengal Bengal Hospital, 55, Raja
U.A.
Paarymohan
Pollution
Road, Kotrung,
Control
Uttarpara WB,
Board
712258
24 West West Kolkata Hooghly Rishra Rishra, 3 No. Residential
Bengal Bengal Municipal Hawker
U.A.
Stall, Rishra
Pollution
Morepukur Bangur
Control
Park, Rishra
Board
25 West West Kolkata Hooghly Tribeni Tribeni, 32, GN Residential
Bengal Bengal Mukherjee Street
U.A.
(near Shitala
Pollution
Mandir),
Control
Bansberia, WB,
Board
7125025
26 West West Kolkata Hooghly Dankuni Dankuni, 776, Residential
Bengal Bengal Monoharpur
U.A.
Ramkrishnapara
Pollution
Dankuni, WB,
Control
712311
Board
27 West West Kolkata North 24 Baranagar Dunlop Bridge, Industrial
Bengal Bengal Parganas Rooftop of Office of
U.A.
National Sample
Pollution
Survey Building,
Control
164, Mahalanobis
Board
Bhawan, Gopal
Lal Thakur Road,
Kolkata, 700108
12
28 West West Kolkata North 24 Barasat Barasat, Barasat Residential
Bengal Bengal Parganas Municipality, 21A,
U.A.
Rishi Bankim
Pollution
Chandra Lane,
Control
Barasat, West
Board
Bengal
29 West West Kolkata North 24 Barrackpore Barrackpore Industrial
Bengal Bengal Parganas Municipality, BT
U.A.
Road,
Pollution
Barrackpore,
Control
700120, North 24
Board
Parganas
30 West West Kolkata North 24 Barrackpore Subhash Colony, RESIDENTI
Bengal Bengal Parganas 195, Barasat AL
U.A.
Road, Subhash
Pollution
Colony,
Control
Chakraborty Para,
Board
Barrackpore, WB-
700120
31 West West Kolkata North 24 Barrackpore Muktapukur, Old Residential
Bengal Bengal Parganas Calcutta Rd,
U.A.
Muktapukur,
Pollution
Barrackpore, WB-
Control
700120
Board
32 West West Kolkata North 24 Khardah Khardah, Khardah Industrial
Bengal Bengal Parganas Municipality, 26,
U.A.
BT Road,
Pollution
Rabindra Pally,
Control
Suryasennagar,
Board
Khardah
33 West West Kolkata North 24 Madhyamgram Madhyamgrah Residential
Bengal Bengal Parganas Municipality,
U.A.
Sodepur Road,
Pollution
Blai Mondal
Control
Sarani Basungar,
Board
Madhyamgram,
West Bengal
13
34 West West Kolkata North 24 Dumdum Dumdum, 67, RN Residential
Bengal Bengal Parganas Guha Road,
U.A.
Gorabazar,
Pollution
Mahendra colony,
Control
North Dumdum,
Board
Kolkata 20
35 West West Kolkata North 24 Bidhannagar Paribesh Bhawan, Residential
Bengal Bengal Parganas (Salt Lake) Rooftop of
U.A.
Paribesh Bhawan
Pollution
Building, 10A,
Control
Block LA, Sector-3,
Board
Salt Lake City,
Kolkata 700106
36 West West Kolkata North 24 Bidhannagar Salt Lake, Rooftop Residential
Bengal Bengal Parganas (Salt Lake) of Bidhannagar
U.A.
Pumping Station,
Pollution
tank No.9, CK
Control
Block, Salt Lake
Board
City, Kolkata,
700091
37 West West Kolkata Nadia Kalyani Kalyani, JNM Residential
Bengal Bengal Hospital, Block A2,
U.A.
Hospital Road,
Pollution
Kalyani, WB
Control
741235
Board
38 West West Kolkata North 24 Baruipur Baruipur, Rooftop Residential
Bengal Bengal Parganas of Baruipur Police
U.A.
Station, Baruipur,
Pollution
Kulpi Road,
Control
Behara Para,
Board
Baruipur, South
24 Parganas WB
700144
14
15. The Kolkata Municipal Corporation, Respondent No.4 in its affidavit dated 07.02.2024 has stated that the population of Kolkata Municipal Corporation area is 45 lakhs as per 2011 census. It is stated that Kolkata Municipal Corporation has 5 automatic and 13 manual Air Quality Monitoring Stations which are made as per the guidelines for Ambient Air Quality Monitoring issued by the Central Pollution Control Board, dated April, 2003. It is also stated that 13 Manual Air Quality Monitoring Stations are situated at the following places:-
(i) Baishnabghata,
(ii) Behala Chowrasta,
(iii) Beleghata,
(iv) Gariahat,
(v) Hide Park,
(vi) Mominpore,
(vii) Moulali,
(viii) Picnic Garden,
(ix) Shyambazaar,
(x) Tollygunge,
(xi) Topsia,
(xii) Ultadanga,
(xiii) Minto Park,
16. It is also stated that 5 Automatic Air Quality Monitoring Stations are situated at the following places:-
(i) Birla Industrial & Technological Museum, Ballygunge,
(ii) Bidhannagar,
(iii) Victoria,
(iv) Indian Association for the Cultivation of Science, Jadavpur, 15
(v) Fort William,m
(vi) Rabindra Sadan,
(vii) Rabindra Bharati University,
17. It is also stated that the Bidhannagar and Fort William are not considered within the Kolkata Municipal Corporation area.
18. Further affidavit dated 21.03.2024 has been filed by the Respondent No.1, West Bengal Pollution Control Board, stating therein that Manual Monitoring Station and CAAQMS prescribed by the Central Pollution Control Board were based on 2011 census, however, recognizing the growth in population size over the period of time, the West Bengal Pollution Control Board has installed 200 Sensor based stations across the State out of which 67 are present in the Kolkata Metropolitan Area. It is also stated that Air Quality Index of these stations are indicative and can be used for research purposes and public can also access data at all the stations through the West Bengal Pollution Control Board Paribesh App and its official website.
19. It is also stated that the State Board has installed 2 CAAQMS in Howrah and has also proposed for establishment of additional 90 Manual Ambient Air Quality Monitoring Programme (NAMP), out of which 32 Manual Stations will be established in Kolkata Metropolitan Area.
20. It is further stated that the number of existing Ambient Air Quality Monitoring Stations of all categories after installation of the proposed Monitoring Stations within the Kolkata Metropolitan Area will stand at 13 CAAQMS, 70 Manual Stations and 67 sensor-based Monitoring Stations. It is also stated that the West Bengal Pollution Control Board will upgrade the installation of Monitoring Stations 16 once the Central Pollution Control Board revises the Air Quality Monitoring Network Design Criteria to align with the latest census data as and when the latest census data is published by the Government of India.
21. In view of the aforesaid data and the statistics provided by the Central Pollution Control Board and the West Bengal Pollution Control Board with regard to CAAQMS and Manual Monitoring Stations in the Kolkata Metropolitan Area, nothing further remains for adjudication in the present case. The Original Application No.175/2023/EZ is accordingly disposed of.
22. I.As. if any, stand disposed of accordingly.
23. There shall be no order as to costs.
..................................... B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM April 26, 2024, Original Application No.175/2023/EZ AK 17