National Green Tribunal
Vishal S. Rajemahadik vs Maharasthra Pollution Control Board on 3 March, 2025
Item No.1 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
[THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)]
Original Application No.30/2025(WZ)
Vishal S. Rajemahadik
.....Applicant
Versus
Maharashtra Pollution Control Board (MPCB) & Anr.
....Respondents
Date of hearing: 03.03.2025
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant : Mr. Ashok Dubey, Advocate
ORDER
1. This Original Application has been filed by the applicant, who is claiming to be a journalist by profession, seeks to bring attention to this Tribunal the alarming and deteriorating stage of air quality in the Vasai- Virar region, as reported in a news article published in Mid-Day on January 6, 2025, titled "Poor air quality: Dust and construction choke Vasai-Virar". The article highlights the dire situation, in which the region has been reduced to a veritable "dust bowl" due to the rampant and unchecked activities of Ready Mix Concrete (RMC) Plants, construction, demolition and related industrial operations going on in Vasai-Virar region, in blatant disregard of environmental norms and regulations, with significant contributions to rising levels of PM10 and PM2.5 pollutants, leading to public health crisis. The article also emphasizes how the lack of effective control measures, including insufficient enforcement of dust Page 1 of 6 suppression techniques and violations of the norms, prescribed in "The Guidelines for Ready Mix Concrete (RMC) Plant Sitting Criteria in the State of Maharashtra, 2016".
2. It is further mentioned that on 05.01.2025, the Air Quality Index (AQI) level in Virar was began at 127 at 9:00 AM, classified as "moderate" and escalated to 143 by 9:00 PM, remaining within the moderate category but nearing the threshold for "poor" air quality. Similarly, in Vasai, the AQI registered 83 at 9:00 AM, categorized as "satisfactory", but increased to 100 by the evening, touching the upper limit of the satisfactory range. According to the Central Pollution Control Board (CPCB), the AQI is classified into six categories: (i) Good (0-50), (ii) Satisfactory (51-100), (iii) Moderate (101-200), (iv) Poor (201-300), (v) Very Poor (301-400), and (vi) Severe (401-500).
3. It is further mentioned that as per the "Action Plan for Control of Air Pollution in Non-Attainment Cities of Maharashtra for the Vasai-Virar City- 2020", the pollution in the region is primarily attributed to a combination of several significant factors, due to presence of open Ready- Mix Concrete (RMC) plants, coupled with unregulated construction activities, which are contributing to the deterioration of air quality. Additionally, the widespread use of uncovered garbage collection vehicles, which transport waste without adequate covering, further aggravate the pollution. The lack of proper containment allows debris and pollutants to become airborne, contributing significantly to the spread of harmful particulates across the city. The ongoing infrastructure projects and road renovations along the Mumbai-Ahmedabad National Highway are also creating this problem, as these activities are associated with these projects, such as excavation, road works, and heavy vehicle movement, Page 2 of 6 which generate dust and particulate emissions, is causing further degradation to air quality.
4. It is further mentioned that despite repeated allegations and requests for intervention in the said issues, both the Authorities i.e. VVCMC and MPCB have failed to take stringent measures against these violations. Reference is made on several RMC Plants in para no.8 of this application, which were ordered to be closed by the MPCB because of the said reason. It is further mentioned that the installation of Continuous Ambient Air Quality Monitoring Stations (CAAQMS) for real-time monitoring of PM10 and PM2.5 levels is also compulsory to be put in place by all these RMC plants to bring their air quality under control. The Action Plan for Vasai-Virar City Municipal Corporation (VVCMC), developed by the Central Pollution Control Board (CPCB) in the year 2020, identified the control of fugitive emissions as a key strategy to address air quality issues in the region.
5. In view of above submissions, this Original Application has been moved with the prayers that a direction may be issued to MPCB- Respondent No.2 to form a Special Investigation Team (SIT) to investigate the operations of all Ready-Mix Concrete (RMC) Plants and Stone Crushing Units in the Vasai-Virar & Mira-Bhayander region to ensure strict adherence to environmental guidelines and the implementation of pollution control measures for air quality, water treatment, and waste disposal; a direction may be issued to MPCB to take stringent action against the 45 identified RMC plants in the region; a direction may be issued to MPCB to implement Continuous Ambient Air Quality- Monitoring to be installed by all RMC plants, including those under construction, install and operate Continuous Ambient Air Quality Page 3 of 6 Monitoring Stations (CAAQMS) for critical pollutants like PM10 and PM2.5, which should be connected to the Central Monitoring System of MPCB, and the ambient air quality should be monitored regularly to ensure compliance with the prescribed limits; a direction may be issued to Vasai- Virar City Municipal Corporation (VVCMC) to comply with the C&D Waste Management Rules, 2016, by establishing effective recycling infrastructure, adopting segregation practices, and ensuring proper processing and disposal of C&D waste. Further, VVCMC may be directed to ensure that during construction and development activities, including road and highway works, comply the above-mentioned guidelines; the VVCMC may be directed to submit an accurate and comprehensive report regarding the actual quantity of C&D waste generated in the Vasai-Virar region, including information on its storage, processing and disposal methods; and a Monitoring Committee may be appointment to oversee the enforcement of the C&D Waste Management Rules, 2016, which also be responsible for ensuring that VVCMC implements corrective actions and remedies to prevent further environmental harm.
6. In order to substantiate his case, learned counsel for the applicant has drawn our attention to the news article, which is annexed at page nos.55 to 57 of the paper book, mentioned therein about the poor air quality in Vasai- Virar region. He has also annexed a list of 46 Ready Mix Concrete Plants as Annexure- A in tabular form, which according to him are said to be causing air pollution. He has also drawn our attention to the Action Plan for control of air pollution in non-attainment cities of Maharashtra, which is annexed at page nos.98 to 393 of the paper book.
7. After having heard the argument of learned counsel for the applicant, we find that the reliefs, which are being prayed by him, are of Page 4 of 6 generic nature and he has not made any specific allegation against any Ready-Mix Concrete (RMC) Plants, as to what kind of violations are being done by them. He has also drawn our attention to the 'Guidelines for Ready-Mix Concrete (RMC) Plant for Siting Criteria of RMC Plant in the State of Maharashtra', which are annexed at page nos.68 to 71 of the paper book, issued by the Maharashtra Pollution Control Board (MPCB) on 07.11.2016, which place the RMC Plants under the Consent Management Regime to be obtained from the Maharashtra Pollution Control Board and according to him, in Siting Criteria (B) under Sub- Clause (4), it is mentioned "The project proponent should comply with other locational statutory requirements in force such as DC Rules etc., while obtaining Consent to Establish from the Maharashtra Pollution Control Board".
8. Having drawn our attention to the above, learned counsel for the applicant submits that the DC Rules under Chapter 14 provides for Online Monitoring Air Pollution System, although the said DC Rules have not been annexed by him in the present Original Application. But we are of the view that it would be appropriate for us to see as to whether the 46 RMC Plants, which are annexed by the applicant at page nos.43 to 48 of the paper book, are indulging in a kind violation leading to pollution happening in the area in question, as is being alleged by the applicant and in view of that, we direct him to implead all these 46 RMC Plants as respondents in the present Original Application before we would proceed to hear this matter further.
9. We have already made clear to learned counsel for the applicant that it would be appropriate for this Tribunal to grant relief against particular RMC Plant or Stone Crusher Unit, if they are found to be Page 5 of 6 indulging in any kind of violation. Therefore, learned counsel for the applicant seeks one month's time to implead the said RMC Plants as respondents in the present Original Application. We allow him the said time.
10. Put up this matter for admission on 07.04.2025.
Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM March 03, 2025 Original Application No.30/2025(WZ) P.Kr Page 6 of 6