Sanjay Kumar vs State Of Uttar Pradesh on 24 February, 2021

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National Green Tribunal

Sanjay Kumar vs State Of Uttar Pradesh on 24 February, 2021

Bench: Adarsh Kumar Goel

Item No. 06                                                           Court No. 1

              BEFORE THE NATIONAL GREEN TRIBUNAL
                  PRINCIPAL BENCH, NEW DELHI

                      Original Application No. 19/2021
                         (Earlier O.A. No. 618/2016)

                        (With report dated 04.12.2020)

Sanjay Kumar                                                           Applicant
                                      Versus

State of UP & Ors.                                                Respondent(s)


Date of hearing:     24.02.2021


CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
       HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
       HON'BLE DR. NAGIN NANDA, EXPERT MEMBER


Respondent:          Mr. Pradeep Misra, Advocate and Mr. Daleep Dhyani, Advocate for
                     UPPCB

                                     ORDER

1.1

1. This application has been registered in pursuance of directions in the order dated 20.11.2019 as follows:-

"In this Original Application, the primary grievance raised by the applicant is in respect of running of hot mix plant by burning of charcoal whereby the relevant law is being violated. Further, it has been prayed that the concerning authorities be directed for closure of such hot mix plants and to ensure that they do not operate unless they obtain consent to establish/operate from UP Pollution Control Board.

In this case the Tribunal had, at the initial stage i.e. on 23.11.2016, ordered for sealing of all the hot mix plants. Subsequently, during the course of the proceedings, many hot mix plants have shifted to another places.

In such circumstances, it is ordered that the remaining hot mix plants shall continue to be sealed unless and until they obtain permission from Pollution Control Board under the relevant laws. If any of the remaining units do not obtain consent from the Pollution Control Board/ shift to another and starts functioning, the UPPCB shall immediately take steps for their closure and also inform this Tribunal accordingly.

In case any report from UPPCB or NOIDA Authority is filed in this case, the office is directed to register the same separately and list it before the Court."

2. The report of the State PCB filed on 04.12.2020 is as follows:-

"In compliance of the NGT's above order the following steps have been taken:-

1. M/s S.R. Construction, Sector-135, Village-Nagli Wazidpur, Yamuna Pusta, Noida informed this office vide its letter dated 10.09.2020 (Copy enclosed as Annexure-1) that they have deposited Penalty of Rs. 5,00,000/- in the account as directed by Noida Authority vide its letter no-Noida/Sr.Mgr-WC-9/2019/1458 dated 18.10.2019 (Copy enclosed as Annexure-2) and urged to send the report of Hot Mix Plant to Hon'ble NGT.

2. This office issued a letter no-644/L-122/2020 dated 22.09.2020 (Photo copy enclosed as Annexure-3) to Noida Authority and asked to nominate its representative for joint inspection of the unit.

The Noida Authority de-sealed the unit on 19.10.2020 for the inspection of the unit by committee comprising of the officers of Noida Authority and U.P. Pollution Control Board, Noida. The letter sent by Noida Authority regarding de-sealing of the unit is enclosed here with as Annexure-4.

3. Regional Office, U.P. Pollution Control Board, Noida and Work Circle-9, Noida Authority, Noida inspected the Hot Mix Plant on 27.10.2020 the inspection report is as following- (A) The Hot Mix Plant was found operating during the inspection. (B) The capacity of Hot Mix Plant is 60 T/Hr. to 80 T/Hr. (C) The Air Pollution Control System "Bag House filter Unit" and chimney of height 45 ft. from ground level is attached with the Hot Mix Plant to control the air pollution. The Air Pollution Control System "Bag House Filter Unit'' was found operating during inspection. The Stack monitoring was done during inspection. The report is enclosed herewith as Annexure-5 as per stack monitoring report the different parameters are found within limit prescribed by CPCB. The photographs taken during inspection are attached as Annexure-6.

4. The Hot Mix Plant is operated by the electricity supplied by a D.G. Set of 125 K.V.A. The D.G. Set is fitted with acoustic enclosure and a chimney of height 2.5 Mtr. above the D.G. Set. The air pollution control system established in D.G. Set is as per norms laid down by CPCB.

5. The Senior Manager, Work Circle-9, Noida Authority, Noida has further sealed the Hot Mix Plant on 29.10.2020 letter no- Noida/Sr.Mgr-WC-9/2074 dated 29.10.2020 is attached herewith as Annexure-7.

Based on the observation during inspection and monitoring reports received, the Hot Mix Plant may be allowed to operate after obtaining Consent To Operate (CTO), from U.P. Pollution Control Board with direction to ensure and comply with stack emission norms and Ambient Air Quality norms as prescribed by CPCB and the direction/orders of this Hon'ble Tribunal."

3. We have considered the above report which has not addressed the issue of carrying capacity of the area to sustain activities like hot mix plants and the siting criteria, including the inter-se distance followed so as not to violate the right of the citizens in the area to breathe fresh air.

This observation is in the context of air quality in NCR which led to restrict activities with pollution potential. In this regard reference is made to the order dated 17.02.2021 in O.A. No. 1016/2019, Utkarsh Panwar v. Central Pollution Control Board & Ors., requiring regulation of brick kilns in the NCR in the light of the carrying capacity, till they are fired by coal generating air pollution. Question of use of cleaner fuel may require consideration in the context of hot mix plants also.

4. Let a joint Committee of the CPCB and the State PCB look into the above aspects to determine whether and to what extent and subject to what safeguards hot mix plants can be sustained following the "Sustainable Development" and "Precautionary" principles, in the interest of public health. The State PCB will be nodal agency for coordination and compliance. The report be furnished to the Tribunal by 30.04.2021 by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.

List again on 13.05.2021.

A copy of this order be forwarded to the CPCB and the State PCB by e-mail for compliance.

Adarsh Kumar Goel, CP 3 S.K. Singh, JM Dr. Nagin Nanda, EM February 24, 2021 Original Application No. 19/2021 (Earlier O.A.No.618/2016) SN 4

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