National Green Tribunal
Uda Ram S O Shri Ramnarayan vs State Of Rajasthan Through The ... on 4 May, 2022
Item No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No. 84/2021 (CZ)
(I.A. No. 16/2022)
Uda Ram Applicant(s)
Versus
State of Rajasthan & Ors. Respondent(s)
Date of hearing: 04.05.2022
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s): Mr. Qasim Ali, Adv.
For Respondent(s) : Md. Iquraam
(for Mr. Shoeb H. Khan, Adv.)
Mr. Sandeep Singh Bhagel, Adv.
Mr. Anoop Agarwal
Mr. Rohit Kumar Tuteja, Adv.
ORDER
1. Issue raised in this application is non compliance of Batteries (Management and Handling) Rules, 2001 as amended from time to time, Hazardous & Other Wastes (Management and Transboundary Movement) Rules, 2016 as amended by amendment Rule 2020 and non compliance of the provisions of Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981. It is alleged that Respondent no. 5 is engaged in recycling of lead from used Acid batteries in an area situated adjacent to the residence of the Applicant, who is living in Ghosliya Ki Dhani, Jabad, Jabar, Gohandi, Tehsil Phagi, Jaipur (Rajastan), and after their service life to produce Lead Ingots mainly for reuse in the manufacture of new Lead Acid Batteries, which is said to be highly polluting in nature and has been adversely affecting lives of human beings living nearby adjoining areas. The unit is collecting scrap batteries from various market points and subjecting them to process of 1 recycling, which involves breaking and opening of scrap batteries, resulting in smelting in a rotary furnace, refining and casting ingots leading to emission and deposition of lead particles in air, water and soil polluting the same by infusion of toxins in the environment.
2. The matter was taken up on 18.11.2021 and committee consisting Collector, Jaipur (Rajasthan) and representative from Rajasthan Pollution Control Board was constituted with direction to submit the factual and action taken report.
3. In compliance thereof, the committee has submitted the report, we have gone through the show-cause notice issued from the Regional Office, Rajasthan State Pollution Control Board, where following deficiencies have been noted by the Pollution Control Board for which show-cause notice has issued. Non-compliances are :-
1. Unit is engaged in re-refining of lead from lead dross without obtaining prior CTE, CTO & Authorization from State Board.
2. Unit is not complying with the provisions of HWM Rules, 2016
3. Raw material (Lead Dross) was stored in open which may lead to surface/ground water contamination during monsoon season.
4. Unit has not provided adequate stack height with coal fired furnace.
5. Unit has not provided pollution control measures with coal fired furnace.
6. Unit has not provided storage site for storage of hazardous waste.
4. The perusal of report reveals that there are serious violation of environmental rules and the Tribunal while hearing the matter on 27.01.2022, observed as follows :-
"4. On perusal of the report it reveals that the unit was directly or indirectly permitted to operate by the Regional Officer, Rajasthan Pollution Control Board, who was duty bound to inspect the units within his jurisdiction as to whether the unit has necessary consent order under the Water (Prevention and Control of Pollution) Act, 1974 and Air 2 (Prevention and Control of Pollution) Act, 1981 but he failed to performs duty fairly, sincerely, honestly to achieve the aim of environmental rules. The action or inaction, not to do his legal duties, promoted the illegal activities within his jurisdiction and he failed to inspect, failed to check the illegal action failed to regulate the industrial operation which was in violation of environmental rules. It is surprising that unit was informed to be not in operation due to disconnection of electricity which is reported to be dis-connected just before the 24 hrs. of visit. It is further surprising that how the owner came to know the date of visit and how the unit was not in operation only on the date of visit of the committee.
5. The Member Secretary, Rajasthan State Pollution Control Board is directed to see the matter personally, take necessary disciplinary action against the officer concerned in accordance with law and remain present personally (through Video Conference) on next date of hearing with action taken report. The Member Secretary, Rajasthan State Pollution Control Board is further directed to take the report from the Regional Officer Jaipur, the number of unit in operation within his jurisdiction and the number of the units which are in operation without any consent order or necessary permission as required under law from the Pollution Control Board."
5. Respondent no. 5 has filed reply with the fact that the unit has been closed and electricity supply has been disconnected w.e.f. 21.12.2021. During the course of hearing learned counsel for the applicant has submitted that he wants to withdraw the application. The perusal of report and show-cause notice filed by the Pollution Control Board reveals serious violation of the environmental norms, which have been noted above and the environmental compensation has neither been assessed nor realised in accordance with law. Accordingly, we direct the Rajasthan Pollution Control Board to assess the environmental compensation from the date of violation till date of continuance of violation of environmental norms and the amount so realised 3 must be deposited in the account of CPCB, which shall be used for environmental purposes.
Accordingly, Original Application No. 84/2021 alongwith I.A. No. 16/2022 are disposed of.
Sheo Kumar Singh, JM Dr. Arun Kumar Verma, EM 04th May, 2022 O.A. No. 84/2021(CZ) PN 4