National Green Tribunal
Kaushal Kishore Vishwakarma vs State Of Punjab & Ors on 16 February, 2023
Item No. 3 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI.
(Through Physical Hearing with Hybrid VC Option)
Original Application No. 620/2022
Kaushal Kishore Vishwakarma ...Applicant
Versus
State of Punjab & Ors. ...Respondents
Date of hearing: 16.02.2023
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Applicant: None.
Respondents: Mr. Karam Chand, Senior Law Officer for Respondent
No. 4 (through VC).
None for Respondents No. 1 to 3.
Application is registered based on a letter petition received by Post.
ORDER
1. Mr. Kaushal Kishore Vishwakarma has sent the present letter petition, which has been treated and registered as Original Application, complaining about violation of environmental norms in handling of carbon and hazardous waste with prayer for taking of appropriate steps for saving the lives of the labourers and protection and improvement of the environment.
2. Briefly stated, the applicant has submitted that he had been employed as daily labourer during March-April, 2022 by Mr. Lallan, Contractor who was working for Mr. Jagtar Walia and Mr. Napinder Singh. The applicant was told that the above said persons were working O. A. No. 620/2022 Kaushal Kishore Vishwakarma Vs State of Punjab & Ors.
-2- on behalf of MC, Balwinder Singh and name of the company was Carbo- Came Industries. He was assigned the work of drying carbon, packing the same in the bags and loading/unloading the same for transportation to the godown in front of Central University, Mansa Road, Bhatinda. After vacating the Mansa Road godown the above said persons have stored the carbon in the godowns situated in front of Maharaja Ranjit Singh College on Badal Road and in village Dunewal, Sangat Mandi, Bhatinda. When the applicant had problem in breathing and developed rashes on his skin, the above said persons paid an amount of Rs. 2,000/- to him through Mr. Lallan and asked him to leave for his village and threatened him with dire consequences, if he told any person about his medical problems. The applicant left Bhatinda and contacted a lady working for Jan Vikas Society, who told him that O.A. No. 72/2019 had been filed before this Tribunal.
3. This Tribunal took cognizance and vide order dated 01.11.2022, impleaded the State of Punjab through Chief Secretary, Government of Punjab, the Punjab Pollution Control Board (PPCB), the District Magistrate, Bhatinda and the Project Proponent- M/s. National Fertilizer Ltd. Plant, Bhatinda as Respondents No. 1 to 4 and ordered issuance of notices to them.
4. As per office report notices have been duly served on the respondents. None has appeared for Respondents No. 1 to 3.
5. Reply has been filed by Respondent No. 2-PPCB vide email dated 15.02.2023.
6. In its reply, the Respondent No. 2-PPCB has submitted that order dated 17.01.2020 passed by this Tribunal in O.A. No. 72/2019 titled as O. A. No. 620/2022 Kaushal Kishore Vishwakarma Vs State of Punjab & Ors.
-3- Rakesh Singh Vs. State of Punjab had been duly complied with. The relevant part of the reply is reproduced as under:-
"4. That the facts of the case in O.A no. 72 of 2019 titled as Rakesh Singh v/s State of Punjab alongwith action taken and compliance made of the orders of the Hon'ble National Green Tribunal passed from time to time are summarized herein below.
a) That the issue for consideration in O.A no. 72 of 2019 titled as Rakesh Singh v/s State of Punjab was the remedial action against storing of hazardous waste by M/s Carbon Chemical Industries at Bathinda, Punjab in violation of the Hazardous Waste Management Rules, 2016.
b) Vide order dated 26.2.2019, this Hon'ble Tribunal directed the Punjab State Pollution Control Board to furnish a factual and action taken report in the case. A report was furnished vide e-mail dated 5.4.2019 to the effect that huge quantity 'of carbon 'slurry was lying stored at the site and tentative quantity appeared to be 3470 tones. A copy of order dated 26.2.2019 passed by the Hon'ble Tribunal in O.A No. 72 of 2019 is enclosed as Annexure-A.
c) The report of the Punjab State Pollution Control Board was duly considered by this Hon'ble Tribunal vide order dated 3.7.2019. In view of violation of Hazardous Waste Management Rules, 'the Hon'ble Tribunal issued directions for the constitution of a Joint Committee comprising of Central Pollution Control Board and State Pollution Control Board to assess and recover compensation and furnish a compliance report. A sum of Rs. 10 Lakhs was directed to be collected as an interim compensation. A copy of order dated 3.7.2019 passed by the Hon'ble Tribunal in O.A No. 72 of 2019 is enclosed as Annexure-B.
d) The Joint Inspection Report has been filed on 4.9.2019 to the effect that compensation has been duly assessed. A copy of Joint Inspection Report filed in O.A No. 72 of 2019 is enclosed as Annexure-C.
e) The report of the Joint Committee was considered by the Hon'ble Tribunal and vide order dated 13.9.2019 directions were issued for recovery of the compensation in accordance with Law and filing of a compliance report by e-mail at [email protected]. A copy of order dated 13.9.2019 passed by the Hon'ble Tribunal in O.A No. 72 of 2019 is enclosed as Annexure-D.
f) f) In compliance to order dated 13.9.2019, report was filed before the Hon'ble Tribunal on 20.11.2019 that remedial action has been taken. In view of the facts of the case, the Original Application No. 72 of 2019 titled, as Rakesh Singh v/s State of Punjab was disposed of by the Hon'ble National Green Tribunal vide order dated 17.1.2020. A copy of order dated 17.1.2020 is enclosed as Annexure-E.
5. That it is relevant to mention here that the Joint Committee constituted by the Hon'ble National Green Tribunal in O.A No. 72 of 2019 had submitted its report before the Hon'ble Tribunal on O. A. No. 620/2022 Kaushal Kishore Vishwakarma Vs State of Punjab & Ors.-4-
4.9.2019 with certain recommendations. The point-wise compliance of the recommendations of the Joint Committee report is given herein below in annotated form for kind perusal of the Hon'ble National Green Tribunal:
Sl. Recommendations Compliance
No.
1 The industry, shall operate only The consent to operate under the
after obtaining Consent under provisions of the Water (Prevention
Air (Prevention and Control of and Control of Pollution) Act, 1974
Pollution) Act, 1981 and Water and Air (Prevention and Control of
(Prevention and Control of Pollution) Act, 1981 is not
Pollution) Act, 1974, as applicable as industry was not
applicable and Authorization processing any raw material to
under Hazardous and Other produce any product and was only
Wastes (Management and engaged in transportation of carbon
Trans-boundary Movement) residue.
Rules, 2016.
2 The industry shall apply under The industry has obtained
Rule 9 of HOWM Rules for pre- authorization under the provisions
processing of carbon slurry as of HOWM Rules, 2016 from the
per the provisions of HOWM Punjab Pollution Control Board for
Rules, 2016. transportation of carbon residue @ 3500 Ton vide letter no.
HWM/Fresh/BTI/2019 /11732324 dated 20.12.2019, valid upto 31.12.2020.
3 The industry shall provide The display board had been display board out the factory provided in the premises of the premises in accordance the industry as observed by the orders dated 14/10/2003 of the officers of the Board during visit to Hon'ble Supreme Court passed the industry on 20.11.2019. Later in the matter of WP NO. on, the industry had shifted the 657/1995; Research Foundation remaining carbon residue @ 2944.59 for Science Technology and Ton at newly established National Resource Policy Versus environmentally sound premises at Union of India & Anr. Badal Road, Bathinda, for which the industry has obtained fresh authorization from the Punjab Pollution Control Board vide letter no.
HWM/Fresh/BTI/2022/18547006
dated 05.07.2022 valid upto
04.07.2023 for transportation of
carbon residue to the actual user
i.e., M/s Shubham Sales Co., 5.30
KM Mile Stone, Bhiwani
Road, Rohtak (Haryana). The
industry had closed its premises
at Mansa Road, Bathinda after
obtaining permission from the Board
for its new premises.
4 The industry shall provide The industry had shifted the
covered storage shed for remaining carbon residue @
processed and unprocessed 2944.59 Ton from Mansa Road,
carbon slurry within 03 months. Bathinda to its newly established
Such storage and processing environmentally sound (covered
area shall have impervious lined shed) premises at Badal Road,
floor. Bathinda, for which the industry
has obtained fresh authorization
from the Board vide letter no.
HWM/Fresh/BTI/2022/18547006
dated 05.07.2022 valid upto
04.07.2023 for transportation of
carbon residue to the actual user
i.e., M/s Shubham Sales Co., 5.30
O. A. No. 620/2022 Kaushal Kishore Vishwakarma Vs
State of Punjab & Ors.
-5-
KM Mile Stone, Bhiwani Road,
Rohtak (Haryana)
5 The industry may be directed The industry has obtained
not to sell/trade/transport the authorization from the Punjab
stored Carbon Slurry i.e. Pollution Control Board vide letter
Hazardous Waste category 18.2 no.
which is approx. 3470 ton HWM/Fresh/BTI/2022/18547006
without the prior permission of dated 05.07.2022 valid upto
Punjab PCB. 04.07.2023 for transportation of
carbon residue to the actual user.
6 Punjab PCB shall levy and The industry has deposited Rs.
collect (i) financial penalty of Rs. 15.21 lacs (Rs.9,00,000/- +Rs.
09 Lacs for the observed 6,21,000/-) with the Punjab
violations by enforcing Rule Pollution Control Board vide DD no.
23(2) of the HoWM Rules, 039968 dated 07.11.2019 vide
2016, in accordance with Receipt no. 33/5096 dated
"Guidelines on Implementing 08.11.2019 in compliance to the
Liabilities for Environmental orders of the Hon'ble National Green
Damages due to Handling & Tribunal.
Disposal of Hazardous Wastes
and Penalty' published by CPCB,
(ii) apart from the above financial
penalty, Environmental
Compensation of Rs. 6,21,000/-
shall also be recovered for the
damages caused to the
environment.
6. That the above recorded facts show the compliance made by the Punjab Pollution Control Board of the recommendations of the Joint Committee report filed in 0. A no. 72 of 2019.
7. That the main grievance of the applicant Mr. Kaushal Kishore Vishwakarma in the present case (O.A No. 620 of 2022) is the non-compliance of order dated 17.1.2020 of the Hon'ble National Green Tribunal passed in O.A no. 72 of 2019 titled as Rakesh Singh v/s State of Punjab. In view of the fact that compliance of the order dated 17.1.2020 of the Hon'ble National Green Tribunal passed in O.A No. 72 of 2019 has been duly made by the Punjab P011ution Control Board and the project proponent in question, the present case has become infructuous."
7. Mr. Karam Chand, Senior Law Officer has appeared for Respondent No. 4 through VC and seeks time for filing of its reply/response.
8. Reply/response on behalf of Respondent No. 4 be filed within ten days at [email protected] preferably in the form of searchable PDF/OCR supported PDF and not in the form of Image PDF. In its reply, Respondent No. 4 shall specifically mention in detail the steps taken and the modus operandi adopted for handling/storage/management/disposal O. A. No. 620/2022 Kaushal Kishore Vishwakarma Vs State of Punjab & Ors.
-6- of carbon and hazardous waste by it as well as regarding the contractor/agency, if any, engaged by it for the same. The details status of compliance with EC/CTE/CTO/NOC conditions be also mentioned in the reply by Respondent No. 4.
9. List for further consideration on 03.03.2023.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM February 16, 2023 AVT