National Green Tribunal
Thota Surya Prakash Reddy vs Andhra Pradesh Pollution Control Board ... on 14 February, 2025
Author: Satyagopal Korlapati
Bench: Satyagopal Korlapati
Item No. 1:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Friday the 14th day of February, 2025.
Original Application No. 290 of 2024 (SZ)
(Through Video Conference)
IN THE MATTER OF
Thota Surya Prakash Reddy
Rayalseema Zonal Incharge,
Bharatiya Janta Yuvamorcha.
...Applicant(s)
Versus
1. Andhra Pradesh State Pollution Control Board,
Rep by its Member Secretary,
Dr. Y.S.R. Paryavaran Bhavan,
APIIC Colony Road, Gurunanak Colony,
Autonagar, Vijayawada- 520007.
2. Collector/District Magistrate,
Ashok Nagar, Anthaparamulu District.
Andhra Pradesh.
3. Sri Raghvendra Swamy Pyrolysis Industry
Rep by its authorized signatory,
19-60, Gadang street, kuledu village,
Singanamal Mandal, Anatha Puramu District,
Andhra Pradesh- 515005.
...Respondent(s)
For Applicant(s): Mr. Thota Surya Prakash Reddy.
For Respondent(s): Mrs. Madhuri Donti Reddy for R1 & R2.
Date of Hearing: 14th February, 2025.
CORAM:
HON'BLE SMT. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
JUDGMENT
Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member
1. The above case has been Suo Motu registered by the Principal Bench of the National Green Tribunal, New Delhi as Original 1 Application No.984 of 2024 (PB) based on the letter petition received from Thota Surya Prakash Reddy on 28.12.2023 which has been transferred to this Bench and renumbered as Original Application No. 290 of 2024(SZ).
2. It is alleged in the letter petition that there is an industry namely Sri Raghvendra Swamy Pyrolysis Industry located in Akuledu village, Singanamal Mandal, Anatha Puramu, District State of Andhra Pradesh which is emitting poisonous gases, foul smell, in the area causing damage to environment and serious threat to health of local people who also experience often irritation of eyes, cough, sneezing and respiratory problems.
3. To ascertain the allegation made in the letter, the Tribunal constituted a Joint Committee comprising of Andhra Pradesh Pollution Control Board and the District Magistrate, Ananthapuramu to visit the site and submit a factual report.
4. Accordingly, the Joint Committee filed its report dated 12.02.2025 which outlines the history of the case. The report indicates that in the year 2016, M/s Sri Raghavendra Swamy Pyrolysis Industries had proposed to set up Tyre Pyrolysis unit at SY. No. 190-1B, Regadidkottur Road, Akuledu village, Singanamala Mandal, Ananthapuramu District and filed a Consent for Establishment application to the Board for the establishment of Tyre Pyrolysis unit. Meanwhile, the project proponent also obtained NOC from Gram Panchayat Akuledu Village.
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5. Initially the Board officials inspected the proposed site on 07.04.2016 and observed that the nearest habitation is Akuledu village and is existing at a distance of about 600m from the site in the north-eastern direction, the nearest water body is a stream of Singanamala Cherevu is existing at a distance of about 3.5 kms from the industry in south-eastern direction and Bangalore to Anantpur Highway is existing at a distance of about 3.5 kms from the site in the southern direction.
6. The Board also issued guidelines dated 19.12.2012 for establishment of tyre pyrolysis units in the State of Andhra Pradesh and the industry also filed its compliance to the said guidelines.
7. In the year 2017 industry applied for Consent for Operation which was placed in the CFO committee meeting held on 06.02.2017. The Committee opined that the industry has not complied with any of the Standard Operating Procedures. Hence, the Committee after detailed discussion on the agenda recommended to reject the CFO to the industry and referred the matter to the Task Force of Head office for further actions. As per the Committee, the Board has rejected the CFO for non-compliance of the SOPs and directed to stop all the industrial activities until the compliance of the SOPs.
8. The Joint Committee has also given the status of permission and approvals obtained by the industry from the Pollution Control Board and other departments. The Joint Committee also given the status of complaints received against the industry and the action taken by Pollution Control Board.
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9. The Andhra Pradesh Pollution Control Board issued instructions to the Zonal Office, Kurnool to review the pyrolysis industries by placing them before the External Advisory Committee. The Zonal Office conducted External Advisory Committee meeting on 30.12.2017 and directed the industry to comply with the SOPs within 01 month but the industry has not complied with the Board directions. Therefore, the Pollution Control Board issued closure order dated 09.04.2018 to the industry for operating without valid consents of the Board and not complying with SOPs. The reasons mentioned for closure are as follows:
A. The industry is operating without valid consents of the Board as required U/s25/26 of Water (Prevention & Control of Pollution) Act, 1974 and amendments thereof & U/s 21 of Air (Prevention & Control of Pollution) Act, 1981 and amendments thereof.
B. The industry has not complied with Standard Operating Procedures (SOPs) notified by the MoEF&CC.
C. The industry has not complied with directions issued by the Board vide order dated 02.01.2018.
10. Thereafter, the industry submitted a representation to the Board dated 14.05.2018 and 16.05.2018 stating that they have complied with all compliances as per the SOP and they have kept all efforts to control the pollution generated from their unit. Based on the representation, the Pollution Control Board submitted a detailed status report on the industry vide letter dated 13.06.2018 along with compliance status of the industry in connection with requisite facilities and SOPs for tyre pyrolysis oil batch process to the Pollution Control Board for taking necessary action. 4
11. The Pollution Control Board after careful examination issued revocation of closure order dated 21.07.2018 by issuing several conditions to the unit.
12. Again, in the year 2019, The Andhra Pradesh Pollution Control Board furnished a report to the CPCB stating that the industry is not complying with some of the guidelines/SOPs as prescribed by the MoEF&CC and not constructed ETP to treat the scrubbing water. The Pollution Control Board again issued closure order vide order dated 21.12.2019 to the industry.
13. The industry submitted a representation to the Pollution Control Board on 03.06.2021 stating that they have necessary permissions, constructed ETP for treatment of waste water and also stated that they have complied with SOPs issued by MoEF&CC for operating of tyre pyrolysis units and requested for revocation of closure orders. The industry has also submitted compliance status with regard to the SOPs issued by the MoEF&CC to tyre pyrolysis units.
14. Based on the status report dated 14.06.2021, the Pollution Control Board conducted EAC meeting on 22.07.2021 and after detailed discussions and status of compliance on the SOPs, the industry was issued with revocation of closure order vide order dated 12.08.2021 stipulating following directions to comply with:
a) the industry shall comply with the SOPs issued by the MoEF&CC regard to Tyre Pyrolysis units.
b) The industry shall operate the scrubber continuously.
c) The industry shall store the carbon in closed shed.5
d) The scrubber bleed off shall be treated in the ETP or shall be disposed off to cement industries with online manifest.
15. After obtaining revocation, the industry applied for renewal of consent for operation of the board vide application dated 21.01.2022 and the Pollution Control Board conducted inspection and the unit was issued with Consent for Operation with a validity upto to 31.10.2022. The latest Consent for Operation was issued on 29.08.2024 with a validity upto 31.10.2026.
16. Lastly the Joint Committee inspected the industry on 28.01.2025, during the inspection, it was observed that the industry was not in operation and verified the SOPs and guidelines issued by the MoEF&CC for tyre pyrolysis units. The Joint Committee made the following remarks during the inspection:
1. On enquiry with the industry representative and local sarpanch, it came to know that the industry was not in operation since February, 2024 till date.
2. Earlier in the year 2017, while carrying out trails runs by the industry a compliant was received from Sri D. Raghavendra, Akila Barata Rythu- Vyavasaya Karmika Sangam with regard to odour nuisance. In response, the Pollution Control Board after conducting External Advisory Committee meetings has issued directions on 02.01.2018 and closure orders on 09.04.2018 for operating the industry without consents of the Board, not complying the SOPs issued by the MoEF&CC for operation of tyre pyrolysis units and also not complied with Pollution Control Board directions. Subsequently, after complying some conditions, the Pollution Control Board has issued revocation of closure order on 21.07.2018 and also consent of Pollution Control Board on 01.08.2018 to the industry by stipulating time bound and suitable conditions. Also, in the year 2019 as per instructions of the CPCB, the Pollution Control Board has issued 6 closure order on 21.12.2019 to the industry for not complying the SOPs issued by the MoEF&CC for operation of tyre pyrolysis units and not constructed ETP to treat the scrubbing water.
Subsequently, the Pollution Control Board has issued revocation of closure order on 12.08.2021 and also consent of the Pollution Control Board to the industry after complying SOPs and guidelines issued by MoEF&CC and also construction of ETP.
3. During the inspection, the Joint Committee enquired the sarpanch and other with regard to the petitioner and they informed that petitioner is not a resident of Akuledu village he is staying at Ananthapuramu Town, now he went to New Delhi for attending the Republic Day Celebrations as he is the Zonal Incharge for Ralayaseema Bharatiya Yuvamorcha. The Committee to find out the allegations claimed by the Petitioner, contacted over phone and in response the petitioner informed that earlier, he complained by mistakenly now came to know that, M/s Raghavendra Swamy Pyrolysis industries had implemented the MoEF&CC, SOPs for the tyre pyrolysis units.
4. The Joint Committee observed that the industry has obtained approvals from APPCB, CPCB, Gram Panchayat, Akuledu Town and Country Panning, Factories Departments. The Joint Committee also observed that the industry is not having valid license of factories department and also not obtained fire NOC from State Disaster Response and Fire Service Department.
5. Finally, the Joint Committee to know the factual picture above the adverse impacts from the operations of tyre pyrolysis unit, enquired with local sarpanch, Akuledu Village and he expressed that for last 04 years he is serving as Sarpanch to Akuledu village during that period there are no adverse impacts due to operation of the industry.
6. The industry representative has submitted letter to the Collector and District Magistrate stating "that they are not operating the industry from last one year and they are planning to shift the existing industry at Akuledu Village to any industrial area of Madakasira Mandal, Sri Sathya Sai District (or) any other new location within six months' time and also stated that they will provide all required measures as per CPCB norms and will comply all the rules and regulations of the Government. Also, 7 stated that they will not operate the existing industry in any time at Akuledu Village.
17. According to the Joint Committee's report, it is clear that the industry has not been operational for the past one year. Furthermore, the report indicates that there have been no adverse environmental impacts due to the non-operation of the industry.
18. Additionally, the 3rd respondent, Sri Raghavendra Swamy Pyrolysis Industries, in their letter dated 30.01.2025, has informed that they intend to relocate the industry to a new industrial site within the next six months. They have assured that all necessary safety measures will be implemented in accordance with the norms set by the Central Pollution Control Board (CPCB).
19. However, the Andhra Pradesh Pollution Control Board has noticed violations in the past, for which necessary Environmental Compensation is to be levied following due process of law, if not collected already.
20. As the industry is not in operation, nothing survives for further consideration in the above Original Application. Hence, the Original Application is disposed of with a direction to the Andhra Pradesh Pollution Control Board to levy Environmental Compensation for past violations following due process of law if not already collected.
............................................................J.M. (Smt. Justice Pushpa Sathyanarayana) .......................................E.M. (Dr. Satyagopal Korlapati) Internet - Yes/No All India NGT Reporter - Yes/No O.A. No.290/2024(SZ) 14th February, 2025. (AM) 8