National Green Tribunal
Vinod Kumar Jangra vs State Of Haryana on 19 August, 2020
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 02 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 607/2018
(With Report dated 16.07.2020 & 17.08.2020)
Vinod Kumar Jangra Applicant(s)
Versus
State of Haryana & Ors Respondent(s)
Date of hearing: 19.08.2020
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE S. P. WANGDI, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Respondent(s): Mr. Rahul Khurana, Advocate for HSPCB
ORDER
1. The issue for consideration is the remedial action for enforcement of the environmental norms by the stone crushers in District Charkhi Dadri, Haryana, under the Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974. According to the RTI response of Haryana State PCB to the applicant dated 18.06.2019, 260 stone crushers are in operation in the District Charkhi Dadri.
2. This Tribunal considered the matter in the light of the reports furnished on 11.02.2019 and 24.04.2019 by the State PCB about the ground situation. On both the occasions, the reports were found to be unsatisfactory. Vide order dated 25.04.2019, the Tribunal directed the 1 Chief Secretary, Haryana to look into the matter, including the conduct of the officers involved in giving reports and the failure of the State PCB in enforcing the law.
3. The matter was thereafter considered on 05.09.2019 in the light of the report of the Chief Secretary, Haryana dated 02.08.2019 to the effect that action was taken against nineteen (19) non-compliant stone crushers and was in process against twelve (12) more non-compliant stone crushers. However, during the hearing, it was found that the action was not adequate. Admitted violation of norms of air pollution was continuing and there was no adequate monitoring mechanism to enforce right of citizens and the environment. Accordingly, the Tribunal directed the Chief Secretary, Haryana to take action for enforcement of law for protection of environment and public health. The Tribunal also directed the Central Pollution Control Board (CPCB) to constitute a three-member team to give a composite report on the subject of air pollution and compliance of siting criteria. The Tribunal also directed establishment of air quality monitoring stations and to assess efficacy of pollution control devices by the stone crushers. The operative part of the order is as follows:
"3. The report of the Chief Secretary dated 02.08.2019 is that the matter was taken up with the Deputy Commissioner and the State PCB who reported that action has been taken against illegal and non-compliant stone crushers. Nineteen stone crushers were closed and action against twelve was in process. The report does not appear to be based on correct information in view of what has transpired during the course of hearing today. Even the officer of the State PCB from the ground level, who claims to have recently joined, has admitted that there is air pollution and no monitoring mechanism nor any monitoring equipment in the area.
4. In view of above, the Chief Secretary may take action against the persons giving false information and ensure that ground level action is taken to monitor the air quality and preventing pollution. For the purpose, carrying capacity assessment of the area 2 may be done and credible monitoring mechanism established which does not appear to be in existence at this moment. The polluting activities may be closed, prosecution initiated against the polluters and environmental compensation assessed and recovered. The siting criteria should also take care of inter-se location apart from distance from the habitation. These steps are necessary for enforcement of law as well as public health of the inhabitants suffering from air pollution. Further compliance report may be filed by the Chief Secretary before the next date of hearing.
5. We also direct the CPCB to constitute a three-member team to visit the area and give composite report on the subject of air pollution as well as siting of the stone crushers and their approximate numbers. The CPCB may direct establishment of sufficient number of air quality monitoring stations at suitable locations and review the effectiveness thereof at the suitable intervals. Existence and efficacy of pollution control devices of individual stone crusher may also be assessed. Online computerized continuous air quality monitoring stations may be set up wherever necessary. The Deputy Commissioner, Charkhi Dadri may extend all necessary help to the team of CPCB. The Superintendent of Police may provide necessary security for the purpose. The State PCB may also provide such assistance as may be necessary."
4. Accordingly, reports have been filed by the CPCB (dated 12.02.2020 and 16.07.2020) and the Chief Secretary, Haryana (dated 13.07.2020 and 17.08.2020), apart from a report by the State PCB. It is not necessary to refer to the report of the State PCB, as the said report is covered by the reports of the Chief Secretary.
5. It will be suffice if we take up the latest of the two reports which have been submitted by the CPCB and the Chief Secretary. The report of CPCB dated 16.07.2020 is that out of 320 stone crushers, 143 were operational during the visit. 88 stone crushers were not operational. 76 stone crushers were found closed permanently. 13 stone crushers were found non-existing. Out of 143 operational units, 19 were found exceeding the production capacity. Out of 88 non-operational units, 14 units were found exceeding the consent production capacity. The CPCB has given information with regard to status of dust containment systems in the form of covered sheds and water sprinklers, wind breaking walls 3 and telescopic chutes to contain fugitive emissions, metaled/pucca roads within the premises, green belt development and status of permission from CGWA for extraction of ground water. Overall observations with regard to pollution control measures in the report are:
"i. As per the survey/inspection of 320 stone crushing units, 143 units were found operational, the list given at Annexure-III. Out of these 143 units, a. all units have valid consents from HSPCB. b. 19 units were found exceeding the consented production capacity.
c. all units have provided the sheds covering all process equipments for the dust containment.
d. 5 units have not provided the minimum number of water sprinklers (i.e. 50 nos.) for dust suppression. e. 10 units were found not having wind breaking walls of appropriate height as per the specifications prescribed in the notification dated 11.5.2016.
f. 58 units were found either without telescopic chute or had telescopic chutes with the product release point less than 2 feet below the height of wind breaking wall. g. 58 units have not provided or maintained metaled/pucca roads within the premises.
h. 120 units have applied for NOC to CGWA for ground water extraction, 2 units were found operating without applying NOC, while the remaining 21 units were operating with external water supply i.e. water supplied through tankers. i. 17 units were found not maintaining the logbooks of production details.
ii. As per the survey/inspection of 320 stone crushing units, 88 units were found nonoperational during visit, the list given at Annexure-IV. Out of these 88 units, a. 1 unit does not have valid consents from HSPCB. b. 14 units were found exceeding the consented production capacity.
c. 1 unit has not provided the sheds covering all process equipments for the dust containment.
d. 8 units have not provided the minimum number of water sprinklers (i.e. 50 nos.) for dust suppression. e. 28 units were found not having wind breaking walls of appropriate height as per the specifications prescribed in the notification dated 11.5.2016.
f. 50 stone crushing units were found either without telescopic chute or had telescopic chutes with the product release point less than 2 feet below the height of wind breaking wall.
g. 35 stone crushing units have not provided or maintained metaled/pucca roads within the premises.4
h. 5 units were found operating without applying for NOC to CGWA for ground water extraction.
i. 15 units were found not maintaining the logbooks of production details.
j. Most of the stone crushing units have limited plantation comprising mostly of small sized plants. In general, the green belt development needs improvement in all the units.
k. As per the survey/inspection of 320 stone crushing units, 76 units were found closed/permanently closed (Annexure-V) and 13 units were not existing (Annexure-VI)."
6. Conclusions are as follows:
"10.0 CONCLUSIONS The Environment Department of Haryana Government vide Schedule-II of the notification dated 11.5.2016 prescribed the emission norms and pollution control measures requirement for the stone crushing units (Annexure-II). The observations, compliance status as well as the recommendations regarding the implementation of pollution control measures by all the stone crushing units are collated based on the survey/inspection details collected by CPCB during Jan-Feb, 2020 and same are tabulated at Annexures-III to VI. The units should ensure to comply with the specific measures as per the recommendations.
In order to improve the environmental management of stone crushing units located in district Charki-Dadri and air quality of surrounding areas, the overall recommendations, for the stone crushing units, HSPCB, State Revenue & Forest Departments, CGWA, etc. in terms of operation, consent to operate, permission for ground water extraction, pollution control measures etc. are elaborated hereunder, applicability of which may be further referred for individual stone crushing units on case to case basis.
10.1 Operational and consent status:
a) The non-operational units should inform HSPCB before starting operations.
b) The units should ensure to comply with the consent conditions and not to exceed consented production capacity.
10.2 Dust containment system in the form of covered sheds and water sprinklers:
The stone crushing units should ensure
a) to provide dust containment cum suppressing system for the equipments in the form of covered sheds and 5 sprinklers in order to reduce the fugitive dust emissions.
b) to provide atleast 50 number of sprinklers along with the water storage facility of minimum 10 kilolitre capacity.
c) to carry out cleaning and wetting of the ground within the premises, regularly.
d) to provide appropriate designed spray nozzles/water sprinkling system in order to optimize water consumption vis-à-vis effective dust suppression.
10.3 Wind breaking walls and telescopic chutes to contain fugitive emissions:
The stone crushing units should ensure
a) to provide the wind breaking walls in order to minimize fugitive emissions and carry-over to nearby places/areas.
b) to construct wind breaking wall of atleast 50-meter length and minimum 16 feet height along with provision of telescopic chute to ensure that the crushed material from the nod is released from a point, which is atleast 2 feet below the height of the wind-breaking wall. The wall should be structurally sound and should cover the vulnerable abadi side of the crusher unit.
10.4 Metalled/pucca roads within the premises:
The stone crushing units should ensure
a) to provide and maintain metalled/pucca roads within the premises in order to minimize dust generation/re- suspension due to the vehicular movement.
b) to carry out adequate internal road cleaning mechanism for removing deposition of mud and dust in order to make metalled/pucca roads visible or identifiable.
10.5 Green belt development:
The stone crushing units should ensure
a) to provide a green belt along the periphery having avenue plantation of two rows. Till the plantation within the premises are fully developed, the stone crushing unit should erect a barrier/barricade along the periphery to contain the dust emissions.
b) to adopt scientific approach with respect to selection of species, spacing, location, numbers, etc. for green belt development.
10.6 Permission from CGWA for extraction of ground water:
The stone crushing units should ensure 6
a) to obtain permission from CGWA for extraction of ground water.
10.7 Other issues:
10.7.1 The stone crushing units should ensure
a) to maintain records/logbooks for raw material consumption, production data, water consumption, electricity consumption, green belt development, etc.
b) to set-up a display board at entrance gate for information related to name & address of the stone crushing unit, contact details, production details and environmental details.
c) to have well-defined boundary demarcation.
d) that all the trucks & dumpers carrying the raw material, crushed stones, sands and other material from the area should be properly covered so as to entrap the fugitive emission at source.
10.7.2 HSPCB should ensure
a) that units to comply with the specific measures as per the recommendations.
b) to monitor the work zone suspended particulate matter in all the units and to ensure compliance with the notified norms of 600 µg/m3.
c) to issue "consents to operate" to stone crushing units in uniform manner, e.g. indicating production capacities in tonnes/day, product types & other details.
d) to reflect actual quantity required/used by stone crushing units for various purposes, like dust suppression/sprinkling/ green belt development, in the consent issued to stone crushing units.
e) to revoke the consents for permanently closed and non-
existing units.
f) to pave all approach roads, in association with the concerned departments, in the crusher zone/units in order to minimize dust generation/re-suspension. 10.8 Management of Ambient Air Quality in District Charkhi-Dadri
a) In order to monitor the ambient air quality in Charkhi-
Dadri area, HSPCB has already set-up CAAQMS at Mini Secretariat, Charkhi. HSPCB should also carry out manual ambient air quality monitoring, twice a week, at other three representative locations i.e. Power House (Pichopa Kalan), Power House (Chapar) and Police Station (Jhojhu Kalan), as identified by CPCB.
b) In order to keep air quality within norms besides above measures for enforcement and implementation in stone crushing units, the local bodies i. should be vigilant about the burning of solid waste in the area.
7 ii. should organize/arrange awareness/training programmes for stone crushing & other units, transporters, drivers and stakeholders, regularly. iii. should carry out wetting of the roads, regularly. 10.9 Siting of the Stone Crushing Units The Revenue & Forest Departments of Haryana State should re-verify/re-certify the siting distances against all the notified eleven siting criteria, of all the stone crushing units, more accurately by employing latest technologies such as DGPS (Differential Global Positioning System) machine."
7. The report of the Chief Secretary dated 17.08.2020 is that disciplinary action has been taken against a Scientist and a field officer of the State PCB for giving false information. Teams of the State PCB inspected all the stone crushers (329). The status of units found operational, non-compliant and assessment of carrying capacity and air quality has been mentioned as follows:
"2. Further, pursuant to the orders of NGT dated 05.09.2019, 36 teams were constituted by HSPCB vide endst. No. 3336 to 3374 dated 21.11.2019 and endst. No. 4043-4044 dated 11.02.2020, to inspect all the stone crushers of District Charkhi Dadri to check the compliance status regarding installation and adequacy of Air Pollution Control Measures i.e., wind breaking wall, covered shed, sprinkling system, metalled roads, plantation, water storage tank etc. as per the notification dated 11.05.2016 issued for stone crushers by the Environment Department, Government of Haryana,. In view of the Hon'ble National Green Tribunal directions, the teams inspected 329 Nos. of stone crushers (as per record of the HSPCB) of District Charkhi Dadri. Out of these 329 stone crushers, 116 stone crushers were nonoperational (44 stone crushers were dismantled, 36 stone crushers were f ound closed by the ms elves, 23 stone crushers were already closed by the Board, 5 stone crushers were under maintenance and 5 stone crushers were not yet established, and 3 were found abandoned.) Out of the remaining 213 stone crushers, 51 No. of stone crushers were found to be non -
complying as per notification dated 11.05.2016 and were closed down by the Board. Prosecution action and Environment Compensation have been recommended against 34 units whose sample parameters were found exceeding the prescribed standards. Till now, Environment Compensation of Rs. 1,85,50,000/- has been imposed against 15 non-complying 8 stone crushers, out of which Rs.44,593,76/- has been recovered from 6 non-complying units. Prosecution has been sanctioned against 28 non complying stone crushing units. The Board is in the process of imposing a recovering Environment Compensation and initiating prosecution action on remaining non-complying units.
3. 33 No. of stone crushing units of District Charkhi Dadri were found exceeding consented production capacity. Accordingly, Show Cause Notices were issued to these units for the said violation. The Board has also requested Mining Officer, Charkhi Dadri to take necessary action and develop a system to check the overproduction in these units.
4. Out of 51 sealed units, 18 units have preferred appeals before the appellate authority against the closure order. To avoid any ambiguity, Appellate authority had directed HSPCB to conduct inspections afresh. The Board is conducting the inspections, afresh as per orders of the Appellate authority, and will take suitable action as per Board's policy.
5. Regarding the exercise of carrying capacity assessment of District Charkhi Dadri, the HSPCB has initiated steps and received a proposal from CSIR - NEERI, which is under process. As per information received from the HSPCB, the study will be taken up following the due procedure.
6. The HSPCB has sought the report on siting parameters from District Revenue Officers and District Forest Officers. It is learnt that the Board has also received the reports pertaining to 303 units and 202 units from Revenue Department and Forest Department respectively so far, and all of them have been found to be complying with siting norms. The rest of the cases are under process in these Departments and, action will be initiated by the Board once the same are received. As per observations of CPCB, the Board has also sought re- verification of siting parameters of 5 No. units and other units located in close vicinity of these units, from District Revenue Officer and District Forest Officer.
7. With regard to monitoring of Ambient Air Quality, the HSPCB has identified 3 different locations for installation of Ambient Air Monitoring Stations in the District. Two of these stations have been installed, (one at village Jhojhu kalan and other at village Chappar, where maximum number of stone crushers are located). Further, one CAAQMS has been installed at Mini Secretariat, Charkhi Dadri, and the results of these 3 stations for the last one month reflect moderate Air Quality Index (AQI) in District Charkhi Dadri, as observed by HSPCB. "
8. From the above, we find that there is acknowledged violation of environmental norms and while some remedial action has been taken, it is highly inadequate. Having regard to serious adverse consequences on 9 public health and requirement of 'Precautionary' principle under which action has to be taken even against anticipated pollution potential, there is no justification of taking 12 months for carrying capacity assessment without taking effective measures based on available data. In fact, carrying capacity assessment has to be conducted before permitting any activity having potential of pollution. Since data of background concentrations is available with the CPCB as well as the State PCB, pending any further elaborate study as proposed, CPCB and State PCB may undertake a joint study based on available background concentration data of air quality preferably within three months and precautionary action may be taken to check pollution potential in the light of such study at the earliest. Compliance of siting criteria inter-se stone crushers as well as with reference to distance from habitations, educational institutions, roads, hospitals, etc. may be ensured in the interest of public health. Any polluting stone crusher operating in violation of environmental norms, including siting criteria may not be allowed to operate till compliance of law. Action also needs to be taken against grant of reckless consents/ permissions for such activities, adversely affecting public health. Compensation of deterrent nature may be assessed and recovered speedily from the law violators, by involvement of senior officers, in view of the fact that the State itself has found some of its officers not giving correct information and thus being party to violation of law.
9. We constitute a modified seven member joint Committee comprising three members team of CPCB (senior level), Member Secretary, State PCB, Member Secretary, SEIAA, Haryana, Divisional Forest Officer, Charkhi Dadri and the Additional District Magistrate, Charkhi Dadri. The CPCB will be the nodal agency for coordination and 10 compliance. The said team may undertake site visits at such intervals as found necessary for inspection and give its report within three months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF. Action may also be forthwith taken by the State PCB for stopping illegal drawal of groundwater and recovering compensation for such illegal extraction so far, in the light of judgment of this Tribunal dated 20.07.2020 in OA 176/2015, Shailiesh Singh vs. Hotel Holiday Regency, Moradabad & Ors. This aspect may also be covered by the joint Committee in its report. The Committee may also mention whether parameters of ambient noise level are exceeded on account of operation of such activity and if yes, action taken in that regard.
List for further consideration on 14.12.2020. A copy of this order be sent to the Chief Secretary Haryana, CPCB, the Member Secretary, State PCB, Member Secretary, SEIAA, Haryana, the Divisional Forest Officer, Charkhi Dadri and the Additional District Magistrate, Charkhi Dadri by e-mail for compliance.
Adarsh Kumar Goel, CP S. P. Wangdi, JM Dr. Nagin Nanda, EM August 19, 2020 Original Application No. 607/2018 DV 11