National Green Tribunal
Sarang Yadwadkar vs State Of Maharashtra on 5 April, 2023
Item No. 9 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
(By Video Conferencing)
Original Application No. 65/2021(WZ)
Sarang Yadwadkar
.....Applicant
Versus
State of Maharashtra & Ors.
....Respondent(s)
Date of hearing: 05.04.2023
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant : Mr. Rahul Choudhary, Advocate
Respondent(s) : Mr. Aniruddha Kulkarni, Advocate for R-1/Envt. Deptt.
Ms. Manasi Joshi, Advocate for R-2/MPCB
Mr. Maulik Nanavati, Advocate for R-3/State of Gujarat &
R-4/GPCB
Mr. Raghvendra Kulkarni h/f Mr. Rahul Garg, Advocate for
R-6/CPCB
Ms. Ruchira Gupta, Advocate for R-7/State of Goa &
R-8/GSPCB
ORDER
1. In continuation with our previous order, we are passing the present order. Vide earlier order dated 19.01.2023, we had instructed the learned Counsel for the Applicant to convince us, as to what is the need to file the present separate application when in Original Application No. 681/2018 vide order dated 08.04.2021, extensive directions have already been issued to all the Secretaries, MoEF&CC, Ministries of Urban Development Department, Road Transport and Highways, Petroleum, Power, Agriculture, Health, CPCB, the Chief Secretaries, PCBs/PCCs and District Magistrates of all the States/UTs for compliance of those directions. It is brought to our notice by the learned Counsel for the Applicant through filing written submission that in Original Application Page 1 of 6 No. 681/2018, the question involved was relating to city specific action plans to be formulated for 102 non-attainment cities, while in the present Original Application, the question involved, is for the preparation of State Level Action Plans for air pollution to be formulated for all the 23 States, which harbour 102 non-attainment cities. The said difference has been brought about before us in tabular form, which is as follows:-
" Sr. Particulars O.A 681 OF 2018, is a Suo- O.A. 65 OF 2021 filed No. motto case taken up by the before the Hon'ble Hon'ble Principal Bench Western Bench
1. Mandate under The Suo-motto case was taken The Original Application the National up the Hon'ble Principal bench is filed for the Clean Air from a "News Item Published implementation of Point Program In 'The Times of India' 7.7.1 under the NCAP Authored by Shri. Vishwa Mandate i.e. 7.7.1 Mohan Titled "NCAP with Preliminary State Action Multiple Timelines to Clear Air Plan for Air Pollution in 102 Cities to be released to be formulated for all around August 15" for the 23 states which harbor implementation of Point 102 non- attainment 7.6.1 under the NCAP Mandate cities.
i.e. 7.6.1 Preliminary city- It is a mandate
specific action plans to be under the National Clean Air
formulated for 102 non- Programme (NCAP). A
attainment cities. national level strategy
launched by the
The formulation of Central Government in
Preliminary city-specific action 2019, with a goal to improve
plans is one of the mandate the air quality at both
under National Clean Air regional and urban scale in
Programme (NCAP) India. NCAP launched
with objective to
improve air quality in India,
and reduce PM 2.5 and PM
10 by 30%¬40% by the
target date of 2024.
2. Issue before the The original application primarily The original application
Tribunal focus on formulation of primarily focus on the
city specific plans for the formulation of a
non- attainment cities to mitigate comprehensive Stateaction the air pollution. (Presently 131 plan for the mitigation of air non- attainment cities) pollution.
3. On the The Application deals with The Application deals with aspect of matter various measures undertaken by the implementation of dealt in the state governments for the mandate under the National application mitigation of air pollution. It Clean Air Programme includes Graded Response (NCAP) Action Plan (GRAP), Comprehensive Action Plan(CAP), action plans prepared by CPCB.
Page 2 of 6
4. Focus of Action Major focus is on the State Major focus is on 23States Plans Action Plans of 124 non- which has at least one non- (Cities/States) attainment cities. There are attainment city to come up existing city specific with State Action Plan to mitigation programmes such mitigate air pollution.
as Graded Response Action Plan
(GRAP), Comprehensive Action
Plan (CAP), action plans
prepared by CPCB.
5. Parameters of There is no particular template Thereis a particular
the Action Plan issued but approaches the template issued by the
mitigation of air pollution in Non- CPCB and MoEF & CC.
attainment cities in a general (@Pg164). The parameters way. such as Industrial emissions, Vehicular emissions, Construction and Demolitionwaste and roaddust management, emissions from burning of wastes, emissions due to burning of agro residues, house holdemissions have to be studied.
It also includes status of
activity, timeline for
completion, percentage
covered, financial
implication, funds allocated,
funds utilized.
6. Stake holders The Application also The ActionPlans Involves
for implement covers remedial action for air collaborative and
ation pollution in other polluted areas participatory approach
where air quality is poor and involving State
also ensures compliance of Governments, Localbodies,
Nosie Pollution under relevantCentral Ministries
(Regulation and Control) Rules. and other Stakeholder
2000 (Noise Rules) framed under forming the crux of the
the provisions of the EP Act. High programme, and
level National Task force for accordingly, mandates that
monitoring constituted to monitor CPCB along with MoEFCC
remedial steps to improve is to formulate guidelines
the status of air quality in Non- for the preparation of State
Attainment Cities. To ensure Action Plans ("SAP‟) by
these cities come up with city 2019 and thereafter each
action plans, and to review and State Pollution Control
approve. Board and State
Government is to formulate
and implement"SAP‟ by
2020.
7. Order passed 08.10.2018 @Para 7 Direction is
Order passed by the required to be passed by
Hon'ble Tribunal makes it this Hon'ble Tribunal of
clear that the order passed in WesternBench regarding
Page 3 of 6
O.A 681 of 2021 willnot impede any implementation the other of petitions or orders passed by comprehensive State Action the Hon'ble Tribunal at any Plans inthe prescribed zones in the subject of air templateby the CPCB & MoEF&CC.
quality managementbutinstead supplements to achieving the object of this order.
08.04.2021 The final order disposed off with directions to
i) Constitute eight member National Task force (NTF) to monitor remedial steps to improve the status of air qualities in Non-
attainment cities.
ii) NTF to hold quarterly meetings with Chief Secretaries of the concerned states/UTs
iii) Monitoring by the NTF with reference to the action plans prepared by the 124 non-attainment cities. NTF can evolve and oversee parameters for inter se ranking of success of remedial action for the 124 non-attainment cities and other polluted areas
iv) Consistent with Digital India initiatives may consider setting up and periodically updating National Environment data Grid linked to the State Environment data grids and the District Environment data Grids. It can be further linked to National Air Quality Monitoring Programme (NAMP).
v) The Chief Secretaries of all States/ UTs may continue to monitor progress in execution of action plans at State Level with the assistance of monitoring cells and AQMCs. "
2. In view of above, we find that this application is maintainable, to which there is no objection from the side of learned Counsel for the Respondents as well.
Page 4 of 6
3. From the side of the Respondent No. 4/GPCB, a written submission has been sent by email dated 03.04.2023, where-in it is submitted that the State Level Air Quality Monitoring Committee (AQMC) of Gujarat has been constituted in pursuance to the NGT's order vide G.R. dated 11.01.2019 for the approval of Clean Air Action Plan. The State Action Plan has already been prepared on the basis of DPSIR (Driving Force Pressures State Impact Responses) framework and that the said draft has been unanimously approved and has been forwarded to the CPCB Delhi, therefore, it is apparent that the State of Gujarat has already taken adequate steps for preparation of the State Clean Air Action Plan for air pollution.
4. From the side of Respondent No. 2/MPCB, learned Counsel Ms. Manasi Joshi has appeared and states that though fresh affidavit has not been filed but in para no. 9 of the earlier order dated 19.01.2023, it has already been noted that the Answering Respondent has prepared the State Clean Air Action Plan, which has been submitted to the Central Pollution Control Board (CPCB) vide letter dated 28.07.2022. Thereafter, it is submitted today by the learned Counsel that CPCB vide e-mail dated 07.09.20222 has forwarded the same to the MoEF&CC for consideration and it is in the process of being finally approved at the end of the MoEF&CC. We direct that an affidavit to that effect may also be filed from their side.
5. From the side of Respondent No. 8/GSPCB, learned Counsel Ms. Ruchira Gupta has appeared and has drawn our attention to page no. 188 of the paper book, which is a part of affidavit dated 22.11.2022, where-in it is clarified that in the State of Goa, there is no Non- Attainment Cities (NACs) even then e-tender has been invited for setting up of Continuous Ambient Air Quality Monitoring Station (CAAQMS) in Page 5 of 6 Vasco-da-Gama city. Therefore, there is no need to prepare State Clean Air Action Plan to which the learned Counsel for the Applicant also agrees.
6. We are of the view that this is a continuous process and in course of time, the State Clean Air Action Plans would be finalized at the end of MoEF&CC, which would be uploaded on the website of the respective State Pollution Control Boards. We direct that the Respondent No. 2/MPCB & R-4/GPCB shall submit an affidavit to the effect that whatever is required to be done in this regard, has already been done and that the matter is at the level of MoEF&CC to finalize it and as soon as the same would be finalized, they will place it on their respective websites. Let this affidavit be filed within a period of 7(seven) days.
7. Respondent No. 5/MoEF&CC is a party in this case but none has appeared today from their side, but we hope that the State Clean Air Action Plans shall be finalized by the MoEF&CC within a period of three months and thereafter, the same shall be uploaded by the MPCB and GPCB respectively on their respective websites within next two weeks.
8. With the above direction, we dispose of this application accordingly.
1. Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM April 05, 2023 Original Application No. 65/2021(WZ) P.Kr Page 6 of 6