National Green Tribunal
Ankur Sharma vs State Of West Bengal Through The Chief ... on 10 January, 2022
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH,
KOLKATA
............
ORIGINAL APPLICATION No. 58/2021/EZ
IN THE MATTER OF:
Ankur Sharma
S/o Shri Ambooj Sharma,
Resident of 13/3,
Dr. P.K. Banerjee Road,
P.O., P.S. & District-Howrah,
West Bengal-711101
....Applicant(s)
Versus
1. The State of West Bengal
Represented by the Chief Secretary,
Government of West Bengal
Having office at NABANNA (13th Floor),
325, Sarat Chatterjee Road,
Shibpur, Howrah-711102
2. Ministry of Environment, Forest and Climate Change,
Government of India
Through its Secretary
Having office at Paryavaran Bhawan,
Jor Bagh Road, New Delhi 110003
3. The Central Pollution Control Board
Represented by its Member Secretary,
Having office at Parivesh Bhawan,
East Arjun Nagar, Delhi-110032
4. The Principal Secretary,
Department of Environment,
Government of West Bengal,
Having office at Pranisampad Bhawan,
Block (5th Floor), LB-II, Salt Lake,
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Sector-III, Bidhannagar,
Kolkata-700106
5. The West Bengal Pollution Control Board
Represented by its Member Secretary
Having office at Paribesh Bhavan,
10A, Block-L.A., Sector-III, Salt Lake City,
Kolkata-700106
6. The District Magistrate, Howrah
Having office at 6, Rishi Bankim Chandra Road,
Howrah-711101
7. Howrah Municipal Corporation
Through its Commissioner
Having office at 4, M.G. Road,
Howrah-711101
8. The Commissioner of Police,
Howrah City Police
Having office at 28, Nitydhan Mukherjee Road,
Howrah-711101
9. Howrah Wholesale Fish Market Stall Owners Co-operative
Society Limited
Through its Secretary
Having office at 1, I.C. Bose Road,
Howrah-711101
....Respondent(s)
COUNSEL FOR APPLICANT:
Mr. Ankur Sharma, in person
COUNSEL FOR RESPONDENTS:
Mr. Sibojyoti Chakraborty, Advocate for R-1,4,6 & 8,
Mr. Gora Chand Roy Choudhury, Advocate for R-2,
Mr. Surendra Kumar, Advocate for R-3
Mr. Pritwish Basu, Advocate for R-5,
Ms. Amrita Pandey, Advocate for R-7,
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JUDGMENT
PRESENT:
HON'BLE MR. JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER) HON'BLE MR. SAIBAL DASGUPTA (EXPERT MEMBER) __________________________________________________________________ Reserved On: - 4th January, 2022 Pronounce On: - 10th January, 2022 __________________________________________________________________
1. Whether the Judgment is allowed to be published on the net? Yes
2. Whether the Judgment is allowed to be published in the NGT Reporter? Yes JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER) Heard the Applicant in person as well as the learned Counsel for the Respondents and perused the documents on record.
2. This Original Application has been filed by the Applicant, inter alia, praying for direction to the Respondent to ensure that no waste is dumped in and around the Howrah Wholesale Fish Market.
3. The allegation in the Original Application is that large scale pollution is being caused in an around the Howrah Wholesale Fish Market by various shops/makeshift stalls. It is alleged that huge quantities of refuse in the form of rotten fish, fish scales thermocol/polystyrene etc. are dumped on public thoroughfares by various shops/stalls located in the Howrah Improvement Trust (HIT) Fish Market situated in the I.C. Bose Road, Hari Mohan Bose Road and Maulana Abul Kalam Road commonly known as Howrah Wholesale Fish Market. It is stated that the dumping of such refuse is causing air, water and land pollution. The applicant is also seeking installation of Air Quality Monitoring Station, Organic 3 Waste Composters, Noise Monitoring Station, Sewage Treatment Plant by the shop owners/polluters.
4. At the stage of admission the Tribunal issued notice to the Respondents and also constituted a Committee comprising of the following members:-
(i) A Senior Scientist from the Central Pollution Control Board, Regional Office, Kolkata;
(ii) A Senior Scientist from the West Bengal Pollution Control Board;
(iii) District Magistrate, Howrah; and
(iv) A Senior Officer from the Howrah Municipal Corporation.
5. The Committee was required to submit its report on the following points:-
(i) Assess the level of pollution caused on account of disposal of untreated wastes (solid and liquid) from the Fish Market;
(ii) Assess whether any Sewage Treatment Plant (STP)/Effluent Treatment Plant (ETP)/Organic Waste Composters is in existence and functional in the area and if not, then assess the need for establishment of such STP/ETP and Organic Waste Composters for treating the untreated solid and liquid wastes to ensure that the Solid Waste Management Rules, 2016 are strictly adhered to;
(iii) Assess the overall condition of the said Fish Market including its hygiene and give suggestions for selling of fish in a demarcated area which is properly covered; 4
(iv) Suggest remedial measures for keeping the area in a clean environment, free from air and water pollution and also ensure that filthy garbage is not littered on the road or seeps into the ground water ultimately leading to the river Hooghly;
6. One counter affidavit dated 16.11.2021 has been filed by Respondent No.7, Howrah Municipal Corporation.
7. One affidavit dated 05.10.2021 has been filed by Respondent No.5, West Bengal Pollution Control Board. Along with this affidavit, the West Bengal Pollution Control Board has also filed the Inspection Report of the Joint Committee pertaining to the Howrah Wholesale Fish Market with regard to an inspection carried out on 16.09.2021.
8. We have heard the Applicant who appears in person and the counsel for the Respondents.
9. In the affidavit filed by the Howrah Municipal Corporation, it has been stated that the Fish Market area is being maintained by Howrah Improvement Trust (in short 'HIT') and the Kolkata Metropolitan Development Authority (in short 'KMDA') and the KMDA has also constructed a Sewage Treatment Plant (in short 'STP') for treatment of sewage arising from Howrah City.
10. It is also stated that approximately about Rs. 10,450/- is spent per day by the Corporation for lifting of garbage from compactor station near the fish market.
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11. It is stated that each compactor as a capacity of 10.5 m3 stationary compactor. There are approximately 150 stalls which have taken certificate of enlistment from the Corporation and each stalls pays a sum of Rs. 1825/- p.a. towards conservancy charges; total being Rs. 2,73,750/- (Rupees Two Lakhs Seventy Three Thousand Seven Hundred Fifty only) p.a., whereas the expenses incurred by the Corporation are much higher than the collections made.
12. It is further stated that the Committee constituted by the Tribunal had inspected the site on 16.09.2021 and the Corporation has taken all measures to combat pollution and ensure that the environmental norms and laws are duly followed.
13. In the affidavit of the Corporation, it is also denied that the Corporation has failed to protect the environment and showed any apathy towards the violators or has not taken any steps or action against the wrong doers.
14. At this stage, we may advert to the Inspection Report submitted by the Committee, constituted by the Tribunal, which had inspected the site on 16.09.2021. The observations and remarks/recommendations may be reproduced for proper appreciation of the case and read as under:-
"Observation:
This is a wholesale fish market covering approximately 3 acres of land (including the parking zone) and having about 185 stalls. The market has been in existence for about a century. Over the decades it's size and scale of operation has increased 6 manifold. Present owner & custodian of the market is reportedly Kolkata Metropolitan Development Authority (KMDA). The market receives fishes (both fresh water as well as brackish water fishes) from almost all fish producing states of India. Daily handling of fish quantity ranges from 100 MT and 150 MT reportedly, out of which about 30% is exported and rest 70% is sent for intra and inter-state distribution. No retail sale of fishes takes place in this market. No cutting, descaling or processing of fishes takes place in the wholesale market.
Fishes are mainly brought in large ice-packed thermocol boxes. Repackaging and subsequent distribution through wholesale takes place in smaller ice-packed thermocol boxes. Since no retail business takes place in this market, fish wastes (in the form of scales, discarded body parts, blood fluids etc.) do not arise. Almost all stalls are equipped with taps that receive water from HMC supply. Waste water is generated due to washing of crates/containers & melting of ice slabs. This waste water goes into HMC drain/sewer through pits present in from of almost all the stalls. But many such drain pits were found to be clogged with plastics and other waste material which cause obstruction and hinder the free passage of water. As a result, the pathways inside the market were found wet with streams of water flowing and swirling all around. It was observed that broken and irreparable thermocol cartons are collected & packed in plastic bags and are transferred in carts to one "thermocol waste recycling unit". This "thermocol waste recycling unit", operation of which has been outsourced, lies in one corner of the parking area and houses one crushing machine (capacity-50 kg/hr). This machine crushes the broken thermocol pieces, melts and converts them to hard, dense lumps. It was learnt from the operator that this machine is run for approx. 10 hours per days from 8am to 6pm. It was reported that these lumps are taken away by vendors for further recycling. However, such crushing, melting and recycling of thermocol wastes is possible only when the pieces are dry. Since the market floors are mostly wet and also during rains, such crushing remains stalled since thermocol pieces get wet. This leads to considerable stock-pilling of broken thermocol pieces. Also, the crushing machine is not seen spewing out of the crusher when the crusher was being operated during inspection; these flakes and the tiny pieces get scattered and eventually flow with water to the drains and spread to the nearby areas. This further adds to the clogging of drains.
Further, the reusable thermocol boxes are stock-piled in various locations (for eg. Near the roads, just outside the market, on the flyover, pavements, adjacent areas of the 7 markets, in the understructure of the flyover etc.). Representatives of the market committee stated that such hording/stockpiling of thermocol boxes at public spaces is done unlawfully by the ancillary units dealing in second hand thermocol boxes.
Waste saw-dust and broken thermocols were seen dumped sporadically on the roadside just outside the western boundary wall of the market. It was informed by the market representatives that cleaning of such wastes is done twice a week by engaging labourers by the market committee. A large number of trucks were seen parked in the immediate vicinity of the market. Under many such trucks heaps of sawdust, broken thermocol etc. were notices. Representatives of the market committee stated that though conservancy charge is realized by HMC from the market, no conservancy service is provided by HMC.
Pictures of the wholesale fish market and adjoining areas taken during inspection are attached herewith for reference and record.
Remarks/recommendation:
1) The fish market has grown substantially in the last several decades and the scale of operation has increased manifold.
The connected ancillary activities like storage and refurbishing of re-usable thermocol boxes and the number of transportation vehicles has also increased to a large extent over the years. These ancillary activities are presently being carried out outside the market and in the immediate adjoining areas.
2) Waste water generated from the market is due to washing of crates/containers & stall-floors and melting of ice slabs used for fish packing. As the market deals with repackaging of frozen whole fishes only and there is no descaling or cutting of fish in the wholesale market, such waste water is not contaminated with fish blood/fluid. Hence, the waste water currently being generated could be treated in any STP being maintained by the KMDA for sewage treatment arising from the Howrah city. But the market committee should be directed to always keep the drain pits free from any type of solid wastes or clogging with plastics so that the wastewater can freely pass through the drains without any obstruction. This will prevent the market floors from remaining wet or flooded.
3) As the market generates no organic wastes, no organic waste composter is required. There is a Compactor Station of HMC having three compactor machines of 10 cubic metre 8 capacity each, just outside the market for catering to waste arising from the market as well as from the surrounding areas.
4) Solid wastes mainly comprise of broken and irreparable thermocol pieces & boxes, packaging tapes and waste saw- dust. A covered area should be earmarked for stockpiling of such broken thermocol wastes so that they remain dry and can be easily recycled in the crushing machine without any delay and without any need for interim storage for moisture removal. The crushing machine should be equipped with adequate dust and fume extraction system. A log book indicating details like daily hours of operation, energy consumption/meter reading and the quantity handled should be maintained at site for reference and record. Thermocol, which is expanded polystyrene, should be handed over only to registered recyclers of plastic waste. The list of vendors collecting the lumps with the dates and quantities should also be recorded.
5) Large quantity of thermocol boxes were seen hoarded on the road side, flyover, adjoining areas and even on the understructure of the flyover. Such stock-piles should be immediately removed and the public spaces should be made free of such encroachments and pile-ups immediately to prevent occurrence of accidents or fire hazards.
6) Saw dust waste was seen packed in big bags beside the road. It was informed that such wastes are sent to industries for use as fuel in boilers/furnaces. But sporadic heaps of sawdust was also seen on the roadside and below the trucks. Such areas should be immediately cleaned and such practices should be stopped immediately. The Market Committee should ensure that no encroachment of public roads, flyovers, pavements and adjoining areas take place due to the ongoing wholesale market related activities.
7) Inside the fish market there was slight characteristic smell of frozen fish. But outside the market, especially the western side, the area was filthy and smelly due to dumping of wet, broken thermocol & saw-dust. These areas should be cleaned immediately and the Market Committee should ensure that no such dumping of wastes take place.
8) Regular awareness and sensitization may be carried out by the market committee to ensure clean and hygienic surroundings. The market committee should demarcate areas for ancillary activities to ensure that public spaces are not encroached upon."
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15. The Report shows that waste water is generated due to washing of crates/containers & melting of ice slabs used in the Fish Market. The daily handling of fish quantity ranges from 100 MT to 150 MT of which 30% is exported and the rest 70% is sent for intra and inter-state distribution. The fish are brought in large ice- packed thermocol boxes. Almost all stalls are equipped with taps that receive water from the Howrah Municipal Corporation (HMC) supply. This waste water goes into the HMC drain/sewer through pits present in front of almost all the stalls. There are about 185 stalls in the Wholesale Fish Market covering approximately 3 acres of land. The Committee during inspection found many such drain pits to be clogged with plastics and other waste materials which were the cause of obstruction and hindrance to the free passage of water as a result of which the pathways inside the market were found wet with streams of water flowing and swirling all around.
16. The Committee also noticed broken and unusable thermocol cartons which are collected and packed in plastic bags and thereafter transferred in carts to one "thermocol waste recycling unit". This unit lies in one corner of the parking area and houses one crushing machine with a capacity of 50 kg/hr. This machine crushes the broken thermocol pieces and melts and converts them into hard dense lumps which are then taken away by vendors for further recycling. This machine operates for approximately 10 hours per day but the work of crushing, melting and recycling of thermocol wastes is possible only when the pieces are dry. 10
17. The Committee also noted that the market floor is mostly wet and also during rains, such crushing remains suspended since thermocol pieces get wet and wet material cannot be crushed which leads to considerable stock-piling of broken thermocol pieces lying all around the place.
18. The Committee also noted that the crushing machine is not equipped with proper dust and fume extraction systems. Large quantity of crushed flakes of thermocol were seen spewing out of the crusher when the crusher was operated during inspection and these flakes and tiny pieces get scattered and eventually flow with the water into the drains and spread to the nearby areas further clogging the drains.
19. The Committee noticed waste sawdust and broken thermocol pieces dumped sporadically on the roadside just outside the boundary wall of the market. On further questioning, the Committee was informed by the market representatives that the cleaning of such wastes is done twice a week by engaging labourers by the market committee. The Committee also noticed a large number of trucks parked in the immediate vicinity of the market and under many such trucks heaps of sawdust, broken thermocol etc. was pilled. The market representatives informed the Committee that though conservancy charge was being realized by the Howrah Municipal Corporation from the shopkeepers but no conservancy service was being provided by the Corporation. 11
20. The Report and the findings of the Committee belie the claim made by the Howrah Municipal Corporation in their affidavit that all measures to combat pollution and to ensure that the environmental norms and laws are being duly followed. The Engineering Advisor, HMC was a member of the Committee and present during the inspection. Therefore, we have no reason to doubt the veracity of the findings noted in the report of the Inspection Committee.
21. Pollution of environment and disregard of environmental laws is an offence punishable under the Environment (Protection) Act, 1986, Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974. Violation of offences under the Environment (Protection) Act, 1986, Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974 are offence punishable under the Prevention of Money Laundering Act, 2002 as amended from time to time.
22. Section 3 of the Prevention of Money-Laundering Act, 2002, reads as under:-
"3. Offence of money-laundering- Whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected [proceeds of crime including its concealment, possession, acquisition or use and projecting or claiming] it is untainted property shall be guilty of offence of money- laundering."
23. Section 4 of the Act which prescribes the punishment for money-laundering, reads as under:-
"4. Punishment for money-laundering- Whoever commits the offence of money-laundering shall be punishable with 12 rigorous imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine.
Provided that where the proceeds of crime involved in money-laundering relates to any offence specified under paragraph 2 of Part A of the Schedule, the provisions of this section shall have effect as if for the words "which may extend to seven years", the words "which may extend to ten years"
had been substituted."
24. Offence under the Act are triable by Special Courts created under Section 43 of the Act which are competent to try offences as provided under Section 44 of the Prevention of Money-Laundering Act, 2002.
25. Paragraph 25 to the Schedule deals with offences under the Environment (Protection) Act, 1986 and paragraph 26 deals with offences under the Water (Prevention and Control) Act, 1974 and paragraph 27 deals with offences under the Air (Prevention and Control) Act, 1981.
26. We, therefore, prima facie find that if the air, water and ground pollution in short the Environmental Pollution in the area of the Howrah Wholesale Fish Market has not been addressed by the Howrah Municipal Corporation, they would render themselves liable for appropriate action under the Prevention of Money-Laundering Act, 2002.
27. However, without giving any direction in that regard at this stage, we direct the Respondent No.7, Howrah Municipal Corporation to ensure compliance of the recommendations and 13 remarks contained in the Inspection Report within a period of two months and file a Compliance Report by 15.03.2022.
28. In addition to the recommendations made by the Inspection Committee, we also direct the Howrah Municipal Corporation, Howrah Improvement Trust (HIT) and Kolkata Metropolitan Development Authority (KMDA) to consider the installation of Air Quality Monitoring Station and Noise Monitoring Station. They are also directed to keep the entire area clean and dry particularly the drain pits to be kept free from any solid/plastic waste to enable free flow of waste water. The Committee shall file compliance report by 15.03.2022.
29. With the above directions, this Original Application No. 58/2021/EZ is disposed of.
30. There shall be no order as to costs.
........................................ B. AMIT STHALEKAR, JM ........................................ SAIBAL DASGUPTA, EM Kolkata January 10, 2022 Original Application No. 58/2021/EZ MN 14