National Green Tribunal
Raja Singh vs Ministry Of New And Renewable Energy on 19 September, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 04&05 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 468/2022
Raja Singh Applicant
Versus
Ministry of Housing and Urban Affairs & Anr. Respondent(s)
WITH
Original Application No. 466/2022
Raja Singh Applicant
Versus
Ministry of New and Renewable Energy & Ors. Respondent(s)
Date of hearing: 19.09.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. Raja Singh, Applicant in Person
Respondent(s): Mr. Rakesh Mahajan, Advocate for MoEF & CC
Mr. Balendu Shekhar, Advocate for CPCB
ORDER
1. This order will deal with OA No. 468/2022 and OA No. 466/2022 as the issues in both the applications relate to different steps for protection of environment inside the buildings.
12. In OA No. 468/2022, grievance raised is against faulty designing of buildings and of ventilation systems, adversely affecting natural ventilation, thereby resulting in excessive and avoidable use of energy and also depriving occupants of natural light and oxygen. According to the applicant, window design should include the following:-
"a. Openability of window/Operability for multiple advantages, including:
i. Dilution ventilation in case of use of fans and individual air conditioners (split/window type) for
1. Prevention of spread of airborne diseases like tuberculosis and COVID19, etc.
2. For health ventilation where the levels of Oxygen are revitalised and the levels of carbon dioxide are in check.
3. For odour removal.
ii. Natural ventilation allows the outside air to enter to provide thermal relief in case of potentially comfortable time periods of the day or the year, by giving the occupant a conscious option as per choice.
iii. Release of smoke and possibility of evacuation in case of a fire.
Note 1: The openability should be easy and accessible by the occupants inside the building, and there should be Control, or the option available to open or close the window by choice available to the occupants (including persons with disabilities, whenever possible.) Note 2: In case the building has a central air conditioner, there must be provision for Control based openable windows for the other benefits highlighted. The design of the central air conditioner should include the appropriate dilution ventilation within the design, so that appropriate fresh air is included in the Air Handling Unit of the Central Air Conditioner System.
b. Window having appropriate wire mesh to prevent the entry of mosquitoes which are a significant threat and cause diseases like Dengue, Malaria, Chikunguniya, Zika and elephantiasis, etc. c. Window having necessary provision for appropriate sun shading in the form of 'chajja' to prevent the sun's entry in the summer months as a passive climate-based design strategy. The window pane should have appropriate provisions for blocking or reducing the effect of the harsh sun in summers and openability in winters.
2d. Window having a view for psychological relief. The window as an opening should also serve as a outlook to the nature outside and build a connection with the exteriors. This should use innovation to include theft proofing and mosquito proofing so that a balance is maintained.
e. Should have provision for theft proofing like grills which is openable from the inside for easy evacuation and not be totally fixed, in case of an emergency evacuation."
3. It is further stated that building should be enabled for continuous monitoring of the Indoor Carbon Dioxide levels as it is a surrogate measure for the level of ventilation in an occupied space. Use of Air Conditioners by recirculation of indoor air needs to be modified so as to enable entry of outdoor air. Instead of sealing all doors, windows and having thick curtains in rooms, modification should be made to avoid higher chances of infection, like COVID-19, Tuberculosis, measles etc. which spread through the airborne route. There is need to avoid higher level of Carbon Dioxide in the space and lesser microbial diversity, compared to a room with open windows with natural ventilation. Necessary changes are required in the building bylaws for appropriate window design, carbon dioxide monitoring and responsible use of split air conditioners. Directions have also been sought to builders to install carbon dioxide meters for ventilation monitoring in all buildings at places where the public can be apprised of the monitoring and to manufacturers of air conditioners to make innovations in the design of split air conditioners to make provisions for outdoor air instead of just recirculated air.
4. Vide order dated 13.07.2022, the Tribunal sought response from the Ministry of Urban Development, MoEF&CC, Ministry of Renewable Energy and CPCB.
35. Response of the MoEF&CC is that a joint Committee stands constituted on 18.05.2022 to workout appropriate standards and protocols for indoor air quality for safeguarding public health at public places under the Environment (Protection) Act, 1986, EP Rules or the Air (Prevention and Control of Pollution) Act, 1981. The said Committee can address issue raised in this matter also. The said Committee has already held two meetings and comprises of the following:
"
S. NAME DESIGNATION NO.
1 Dr. Prashant Gargava, Member Secretary, CPCB Chairman 2 Sh. Ved Prakash, Director (CP), MoEF&CC Member 3 Representative, MoHUA Member 4 Representative, MoH&FW Member 5 Representative, BIS Member 6 Dr. Rakesh Kumar, Director, CSIR Expert Member 7 Prof. Arun Kr. Sharma, ICMR-NIIRNC Expert Member 8 Dr. Mukesh Khare, Professor, IIT Delhi Expert Member 9 Dr. Radha Goyal , Deputy Director, IPCA Expert Member 10 Sh. P.K Gupta, Scientist 'F', CPCB Member 11 Sh. Abhijit Pathak, Scientist 'E. CPCB Member Member 12 Sh. Ankush Tewani, Scientist 'D', CPCB Convener "
6. In OA No. 466/2022, grievance raised is against inadequacy of regulatory mechanism for "green building rating system" which is necessary for protection of environment. According to the applicant, green building ratings has several incentives under the Policy of the MoEF&CC including fast tracking of environmental clearance, extra FAR/FSI as per Notification of MoEF&CC dated 27.06.2011 and Notification dated 23.09.2013 of the Ministry of Urban Development. Unified Building Bye- Laws 2016 of Delhi and National Building Code, 2016 also contains certain incentives. Incentivizing green buildings is a useful for protection of environment but parameters of green building needs to be specifically laid 4 down and regulatory mechanism is required to enforce and regulate the process.
7. Vide order dated 12.07.2022, the Tribunal sought response from the Ministry of Urban Development, MoEF&CC, Ministry of Renewable Energy and CPCB.
8. Stand of the CPCB is that green rating for Integrated Habitat Assessment (GRIHA), Indian Green Building Council (IGBC), GEM, USGBC-LEED and CPWD Ghar are major Green Building Rating System in the country. Excluding GHAR (Green rating manual), remaining four Green Building Rating Systems are operated by Non-Government Organizations. Among them, GRIHA and IGBC ratings systems are predominantly used in India. Existing Green Buildings Rating System in India may be improved further by following:
i. Rating agencies may include factors like;
Utilization of products made from processing of Construction and Demolition Wastes, Use of recycled wastewater, Solid Waste Management for conservation of resources and Promotion of circular economy through waste management etc. ii. An appropriate mechanism for overall supervision & regulation of Green Buildings Rating System may be developed.
9. We have heard learned Counsel for the parties.
10. On due consideration, we are of the view that issues raised in both the applications raise important issues concerning environment and need to be duly addressed. Since a joint Committee stands constituted to consider the issue of air quality in built environment, the same Committee may also consider the issues in above two matters and make its 5 recommendations. The applicant will be at liberty to put forward his view point to the Committee. The report may be finalized within three months.
Based on the said report, the MoEF&CC/CPCB may issue appropriate guidelines/norms within three months thereafter.
Both the applications will stand disposed of accordingly.
A copy of this order be forwarded to MoEF&CC and CPCB by e-mail for compliance.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Prof. A. Senthil Vel, EM September 19, 2022 Original Application No. 468/2022 Original Application No. 466/2022 DV 6