National Green Tribunal
Kankana Das vs Moef on 28 September, 2022
Item Nos. 12&13 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Original Application No.60/2021/EZ
With
Original Application No.91/2021/EZ
Kankana Das Applicant(s)
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 28.09.2022
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) : Mr. Kaustav Dhar, Advocate
For Respondent(s) : Mr. Soumitra Mukherjee, Advocate for R-1 (in Virtual Mode),
Mr. Dipanjan Ghosh, Advocate for R-2,
Mr. Sibojyoti Chakraborty, Advocate for R-3 & 4,
Mr. Prasenjeet Mohapatra, ASC for R-5 (in Virtual Mode),
Ms. Papiya Banerjee Bihani, Advocate for R-6,
Mr. Surendra Kumar, Advocate for R-7,
Ms. Amrita Pandey, Advocate for R-8, (in Virtual Mode)
Ms. Aishwarya Rajyashree, Advocate for R-9,
Mr. Ashok Prasad, Advocate for R-10,
Mr. Shrisho Ghosh, Advocate for R-11&12, (in Virtual Mode)
Mr. Anirudha Bhattacharya, Adv. for R-13, (in Virtual Mode)
Dr. Ankit Todi, Advocate for R-14, (in Virtual Mode)
Ms. E. Enatoli Sema, Advocate for R-15 & 16, (in Virtual Mode)
(In Original Application No. 91/2021/EZ):-
For Applicant(s) : Mr. Kaustav Dhar, Advocate
For Respondent(s) : Mr. Ashok Prasad, Advocate for R-2,
Mr. Sibojyoti Chakraborty, Advocate for R-3,
Mr. Dipanjan Ghosh, Advocate for R-4,
Mr. Prasenjeet Mohapatra, ASC for R-5 (in Virtual Mode),
Ms. Papiya Banerjee Bihani, Advocate for R-6,
Mr. Surendra Kumar, Advocate for R-7, 10, 21 & 22,
Ms. Amrita Pandey, Advocate for R-8, (in Virtual Mode)
Ms. Aishwarya Rajyashree, Advocate for R-9,
Mr. Shrisho Ghosh, Advocate for R-11, (in Virtual Mode)
Mr. Sarosij Dasgupta, Advocate for R-12, (in Virtual Mode)
Mr. Pukhrambam Ramesh Kumar, Adv. for R-13(in virtual Mode),
Mr. E. Enatoli Sema, Advocate for R-15 & 16, (in Virtual Mode)
Mr. Sameer Abhiyankar Adv. a/w Mr. Abhinav Mishra, Advocate
For Respondent Nos. 17 & 18, (in Virtual Mode)
Mr. Arnab Ray, Advocate for R-19&20, (in Virtual Mode)
Ms. Ana Upadhyay, Advocate for R-23, (in Virtual Mode)
Mr. Aniruddha Bhattacharya, Adv. for R-25, (in Virtual Mode)
Dr. Ankit Todi, Advocate for R-26, (in Virtual Mode)
1
ORDER
1. Mr. Kaustav Dhar, learned Counsel is present for the Applicant in the both the Original Applications.
2. Affidavit dated 21.09.2022 has been filed on behalf of the Respondent No.6, Odisha State Pollution Control Board; the same is taken on record.
3. The Applicant may file his comprehensive rejoinder affidavit crystallizing the issues before the next date of listing. (In Original Application No. 91/2021/EZ):-
4. A Tabular Chart on the present status of the availability of OCEMS Data has been filed on behalf of the Applicant; the same is taken on record.
5. Counter affidavit dated 28.04.2022 has been filed on behalf of the Respondent Nos. 21 & 22, Andaman & Nicobar Pollution Control Committee; the same is taken on record.
6. The Table on Present Status of OCEMS Data filed by the Applicant reads as under:-
"Table on Present Status of OCEMS Data"
States OCEMS Data Public Real Historical Comments availability Accessibility Time Data Data West Not available/ Not Not Not Bengal Not working available/ avail available/ The link of the OCEMS page Not working able/ Not is on the main page of the Not working website. The page leads to worki the list of industries ng operating in the State.
However, only 12 out of 44 industries have linked the data. The link show a 404 2 error (page not found) when clicked so it was not possible to check for historical or real time data.
The affidavit dated 29.08.2022 states that CPCB has launched an E-portal to upload data relating to compliance of the industries and West Bengal is uploading the data regularly. The Applicant tried to access the same website http:rtdms.cpcb.gov.in/indus try-login It is pertinent to note that the website is password protected and hence lacks accessibility of data to the public at large.
Odisha Yes Yes Yes Yes The link to the OCEMS is not prominently displayed on the homepage. It is embedded in the Monitoring Data Acquisition System tab which leads to User-ID and password protected page where the link to the public portal is placed in small text below the login tabs.
Historical data available and accessible.
Bihar Yes Yes Yes Not
available No historical data. Public
access link not displayed prominently.
Jharkhand Yes Yes Yes Yes 3 At the time of visiting the site 133 industries were online and 28 were offline.
Assam No No No No No link available on the main page. Data is password protected and hence cannot be accessed by public at large.
Manipur Not applicable Not Not Not applicable appli applicable No link on the website. As cable per CPCB, OCEMS not applicable as there are no industries.
Nagaland Not applicable Not Not Not applicable appli applicable No link on the website. As cable per CPCB, OCEMS not applicable as there are no industries.
Sikkim Yes (only Yes (only Yes Yes (only effluent) effluent) (only effluent) Only effluent monitoring data efflue available. The link is not on nt) the main webpage but buried in the monitoring tab of the website.
Tripura Yes Yes Yes No
Historical data is
unavailable.
Mizoram No No No No
The link to OCEMS data
could not be found in the
website of Mizoram PCB.
Meghalaya Yes (stack Yes (stack Yes Yes (stack
data only) data only) (stack data only) Only stack data available.
data Effluent data missing.
only)
Andaman Not applicable Not Not Not
4
& Nicobar applicable appli applicable No link on the website. As
Islands cable per CPCB, OCEMS not
applicable as there are no industries.
7. List on 18.11.2022.
..................................... B. Amit Sthalekar, JM ................................... Saibal Dasgupta, EM September 28, 2022, Original Application No.60/2021/EZ With Original Application No. 91/2021/EZ AK 5