National Green Tribunal
Natabara Sahu vs Ministry Of Environment Forest And ... on 20 July, 2021
Item No. 04 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Original Application No. 38/2021/EZ
Natabara Sahu Applicant(s)
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 20.07.2021
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) : Mr. Biranchi Narayan Mahapatra, Advocate
For Respondent(s) : Mr. Gora Chand Roy Chowdhury, Advocate for
R-1 and 7
Mr. Dipanjan Ghosh, Advocate for R- 5
Mr. Surendra Kumar, Advocate for R-4 and 8
ORDER
1. Mr. Biranchi Narayan Mahapatra, learned Counsel for Applicant is present.
2. Mr. Gora Chand Roy Chowdhury, learned Counsel for Respondent No. 1-Ministry of Environment, Forests and Climate Change and Respondent No. 7-Deputy Director of Forests (C), Mr. Dipanjan Ghosh, learned Counsel for Respondent No. 5-Odisha State Pollution Control Board and Mr. Surendra Kumar, learned Counsel for Respondent Nos. 4 and 8-Central Pollution Control Board are present.
3. The Applicant is directed to make correction in the title of the Respondent No. 7, the Deputy Director Forests (C) to read as the Deputy Director General of Forests (C).
4. No one is present on behalf of the State of Odisha.
5. An affidavit has been filed by the Respondent No. 5-Odisha Pollution Control Board along with the inspection report. The 1 observations and conclusion & recommendations made therein are as under:-
"INSPECTION REPORT OF THE TAKE HOME RATION (THR) CHHATUA PLANT OF M/S BAJARANGABALI WOMEN'S SELF HELP GROUP, AT/PO-INDRAKHI, GOLANTHARA BLOCK RANGEILUNDA IN THE DISTRICT OF GANJAM IN THE MATTER OF O.A. NO. 38/2021/EZ-NATABARA SAHU VS. UNION OF INDIA & OTHERS.
Observations:
During inspection following observation were made:
1. The Take Home Ration (THR) Chhatua Plant was under operation during inspection and the roasting and sleving activity was going.
2. 17 Nos. of members of M/s Bajaranagbali Women's Self Help Group operating the plant. Smt. U. Dallamma Reddy is the President and Smt. U. Sabitiri Reddy is the Secretary of the SHG.
3. The Take Home Ration (THR) Chhatua Plant is operating in a rented house in the residential area of village Indrakhi, Golanthara, Dist-Ganjam.
4. The unit is producing around 43.0 TPM of Take Home Ration (THR) Chhatua and other products like, Halwa, Besan and Atta Ladoo, Ground Nut, Jaggery, Rasl Ladoo or Chikki etc. and supplied to 233 nos. of Anganawadi Centre of Rengeilunda Block and Gopalpur NAC of Ganjam District.
5. As informed by the President Smt. U. Dallamma Reddy, cleaning of wheat, Bengal Nut and Ground Nut are being done manually by the members of the SHG by manual removal of Ground Nut outer shells, manual sieving, hand picking of impurities/foreign material and winnowing.
6. Firewood is used as fuel in the roasting process. As informed by the President Smt. Reddy around 250 kg to 260 kg wood/day is required for roasting of Wheat, Bengal Nut and Ground Nut. Roasting is done mechanically in the roasting drum fitted with 0.5 HP electrical motor. The roasting activity continues for about 15 days in a month.
7. The firewood is procured from Srikakulam, Andhra Pradesh and basically Eucalyptus wood is used as firewood int he earthen chullah (Bhatti).
8. The Take Home Ration (THR) Chhatua Plant has provided a stack of height about 12 feet with the roasting drum from the ground level which is not adequate.
9. As informed the firewood ash and the cleaning impurities generating from the unit is disposed off in the compost pit.
10. After roasting the materials like Wheat, Ground Nut and Bengal Nut are sleved in a sleving machine to remove the impurity and sand used in roasting purpose.2
11. Mixing of the raw material such as roasted Wheat, Bengal Nut, Ground Nut with Sugar, Besan, Suji, Molasses and Refined oil done on 23rd of every month in presence of the Govt. Officials and other mixing, grinding and packaging is being done from the succeeding day to another 4 to 5 days. The grinding unit is operated with an electric motor of capacity 5HP.
12. The packing of Take Home Ration (THR) Chhatua and other products made with plastic bag made up of virgin plastic sheets of thickness more than 50 microns. However the unit using colour plastic bag for packing of Take Home Ration (THR) Chhatua instead of Plastic packing bag of natural shade, violating the provision of Plastic Waste Management Rules 2016.
13. The packaging plastic sheets are being procure from outside and no plastic packaging sheets manufacturing unit operating inside the plant.
14. The plant is remaining shutdown on Sunday.
15. As per the Office Order no. 8333 dtd. 11.07.2018 of the State Pollution Control Board, Odisha the Take Home Ration (THR) Chhatua is coming under the Sl. No. 7 of the "Orange Category" such as "Food and Food Processing Including fruits and vegetable processing".
16. The unit is operating since 2011 without obtaining Consent to Establish and Consent to Operate from the State Pollution Control Board, Odisha. During Inspection the President and Secretary have been asked to apply for Consent to Establish and Consent to Operate to the State Pollution Control Board, Odisha with all required documents and adequate consent fees.
17. The unit has obtained approval from the District Administration, Ganjam for preparation and supply of Take Home Ration (THR) Chhatua for the period 01.04.2021 to 31.03.2022. As informed by the President of the SHG, they renew the order every year prior to the operation.
18. The plant is also not registered with the District Industrial Centre.
Conclusion & Recommendation:
In view of the above observations, the following recommendations are made.
1. The unit shall stop operation till obtaining of valid Consent to Establish/Consent to Operate from the State Pollution Control Board, Odisha.
2. The unit shall increase the height of the stack attached to the roasting drum to a height of more than 11 meters.
3. As the unit operating in the residential area, adequate Air pollution control measures shall be installed with the stack attached to the roasting drum.
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4. The unit shall prefer electrical roasting system instead of present roasting practice as it is operating in the residential area.
5. The unit is using plastic packaging sheets of thickness more than 50 microns however as it is using colour packaging sheets instead of natural shade violating the provisions of Plastic Waste Management Rules 2016."
6. The learned Counsel for Respondent No. 5 states that steps have already been taken for enforcement of the recommendations made in the inspection report and prays for and is granted four weeks time to file the compliance report. The Respondent No. 5 along with the compliance report shall also make an estimate of the damage caused to the environment, the penalty to be charged against the said unit and the environmental compensation payable on the principle of 'polluter pays' as this unit was running without Consent to Operate (CTO) since 2011.
7. The State Respondents shall file their counter affidavits within four weeks.
8. All the learned Counsel for the Respondents shall exchange their affidavits among themselves and learned Counsel for the Applicant at least one week before the next date fixed
9. Mr. Dipanjan Ghosh, learned Counsel for Respondent No. 5 may also file his objection, if any, to the rejoinder filed by the Applicant before the next date fixed.
10. List on 25.08.2021.
................................... B. Amit Sthalekar, JM ................................. Saibal Dasgupta, EM July 20, 2021 O.A. No. 38/2021/EZ MN 4