National Green Tribunal
Kankana Das vs Moef on 31 January, 2023
Item No.07 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.91/2021/EZ
In the Matter of: -
KANKANA DAS
D/o Mr. Aditya Kumar Das
Having residence at BB-90, Sector-1,
Kolkata-700064
West Bengal ........Applicant(s)
Versus
1. UNION OF INDIA
Through its Secretary,
Ministry of Environment, Forests & Climate Change,
Indira Paryavaran Bhavan, Jor Bagh Road,
Aligunj, New Delhi-110003
2. CENTRAL POLLUTION CONTROL BOARD
Through its Member Secretary,
Parivesh Bhavan, CBD-cum-Office complex,
East Arjun Nagar, Delhi-110023
3. STATE OF WEST BENGAL
Through the Chief Secretary,
Department of Environment; 5th Floor, Pranisampad
Bhawan, Block LB-II, Salt Lake, Sector-III,
Bidhannnagar, Kolkata-700106
4. WEST BENGAL POLLUTION CONTROL BOARD
Through its Member Secretary,
Paribesh Bhawan, 10A, Block-LA,
Sector-III, Bidhannagar,
Kolkata-700106
5. STATE OF ODISHA
Through its Chief Secretary,
Forest, Environment & Climate Change Department,
Kharavel Bhavan, Bhubaneshwar, Odisha
6. ODISHA STATE POLLUTION CONTROL BOARD
Through its Member Secretary,
Paribesh Bhawan, A/118, Nilakantha
Nagar, Unit-VIII, Bhubaneshwar-751012
7. STATE OF BIHAR
Through the Chief Secretary,
Van Vibhag Road, Nehru Nagar,
Patliputra Colony, Patna-800013
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8. BIHAR STATE POLLUTION CONTROL BOARD
Through its Member Secretary,
Parivesh Bhawan, Plot No. NS-B/2,
Pataliputra Industrial Area, Digha,
Patna-800010
9. STATE OF JHARKHAND
Through the Chief Secretary,
Department of Forest, Environment and Climate Change
Van Bhavan, Doranda,
Ranchi-834002
10. JHARKHAND STATE POLLUTION CONTROL BOARD
Through its Member Secretary,
H.E.C, Dhurwa, Ranchi-834004
11. STATE OF ASSAM
Through the Chief Secretary
Department of Environment & Forest
H-Block, 2nd Floor, Janata Bhavan,
Dispur, Guwahati-781006, Assam
12. ASSAM STATE POLLUTION CONTROL BOARD
Through its Member Secretary,
Pollution Control Board Assam,
Bamunimaidam, Guwahati-21
13. STATE OF MANIPUR
Through the Director,
Directorate of Environment,
Porompat, Imphal East,
Manipur-795001
14. MANIPUR STATE POLLUTION CONTROL BOARD
Through its Member Secretary,
RW76+7RV, Lamphelpat,
Imphal-795004, Manipur
15. STATE OF NAGALAND
Through the Chief Secretary,
Department of Environment, Forests & Climate Change
Forest Colony, Kohima-797002
16. NAGALAND STATE POLLUTION CONTROL BOARD
Through its Member Secretary
Signal Point, Dimapur
17. STATE OF SIKKIM
Through the Chief Secretary,
Forest and Environment Department
Forest Secretariat, Deorali-737102
18. SIKKIM POLLUTION CONTROL BOARD
Through its Member Secretary,
Forest Secretariat, C-Block,
Deorali, Gangtok-737102
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19. STATE OF TRIPURA
Through the Chief Secretary,
Department of Science, Technology and Environment
Vigyan Prajukti O Raribesh Bhawan,
P.N. Complex, Gorkhabasti, Agartala-799006
20. TRIPURA STATE POLLUTION CONTROL BOARD
Through its Member Secretary,
Parivesh Bhawan, P.N. complex,
Gorkhabasti, Kunjaban, Agartala-799006
21. UNION TERRITORY OF ANDAMAN & NICOBAR ISLANDS
Through the Chief Secretary
Department of Environment & Forest
Andaman & Nicobar Administration
Haddo, Port Blair,
22. ANDAMAN & NICOBAR POLLUTION CONTROL COMMITTEE
Through its Member Secretary,
Dollygunj, Port Blair,
23. STATE OF MIZORAM
Through its Chief Secretary,
Government of Mizoram, New Secretariat complex,
Aizwal-796001
24. MIZORAM STATE POLLUTION CONTROL BOARD
Through its Member Secretary,
Mizoram New Capital Complex (MINECO), Khatla,
Khatla Thlanmual Road, Aizwal-796001
25. STATE OF MEGHALAYA
Through its Chief Secretary,
Government of Meghalaya, Main Secretariat Building,
Rilang Building, Room No.321, Shillong-793001,
26. MEGHALAYA STATE POLLUTION CONTROL BOARD
Through its Member Secretary,
Arden, Lumpyngngad
Shillong-793014 ........Respondent(s)
Date of hearing: 31.01.2023
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
For Applicant(s) : Mr. Ritwick Dutta, Advocate, (in Virtual Mode) a/w
Mr. Kaustav Dhar, Advocate
For Respondent(s) : Mr. Ashok Prasad, Adv. for R-2 & 10,
Mr. Sibojyoti Chakraborty, Adv. for R-3,
Mr. Dipanjan Ghosh, Adv. for R-4,
Mr. Prasenjeet Mohapatra, Adv. for R-5 (in Virtual Mode),
Ms. Papiya Banerjee Bihani, Adv. for R-6 (in Virtual Mode),
Mr. Surendra Kumar, Adv. for R-7, 21 & 22,
Ms. Amrita Pandey, Adv. for R-8 (in Virtual Mode),
Ms. Aishwarya Rajyashree, Adv. for R-9 (in Virtual Mode),
Ms. Anupama Ng. Adv. for State of Manipur (in Virtual Mode),
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Ms. Vani Vandana Chhetri Adv. for R-17 & 18 (in Virtual Mode),
Mr. Shayamvar Deb, Adv. for R-12 (in Virtual Mode),
Mr. Arnab Ray, Adv. for R-19 & 20,
Ms. K. Enatoli Sema, Adv. for R-15 & 16 (in Virtual Mode),
Mr. Akash Singh, Adv. for State of Mizoram (in Virtual Mode),
Mr. Aniruddha Bhattacharya, Adv. for R-25 (in Virtual Mode),
Dr. Ankit Todi, Adv. for R-26 (in Virtual Mode)
ORDER
1. Heard learned Counsel for the parties.
2. The Applicant in the present Original Application is praying for a direction to the Respondents to abide by the directions of the Central Pollution Control Board given vide its notification dated 05.02.2014 wherein the Central Pollution Control Board had issued directions for 17 (seventeen) categories of highly polluting industries, Common Effluent Treatment Plants (CETP), Common Bio-Medical Waste and Common Hazardous Waste Incinerators, for installation of Online Effluent Quality and Emission Monitoring Systems (in short 'OEQEMS').
3. The submission of the learned Counsel is that even if the Respondents claim that the work has been carried out by them in terms of the directions of the Central Pollution Control Board, there is no information available on the website and all such information should actually be in the public domain. A State- wise compliance and status of Online Effluent Quality and Emission Monitoring Systems has been given in the Original Application from paragraphs 12.1 to 12.10 (page nos. 20 to 26 to the Original Application), but it is also alleged that such Online Effluent Quality and Emission Monitoring Systems data has not been connected with or uploaded to the servers of the State Pollution Control Boards' and the Central Pollution Control Boards' servers within the stipulated timeline. 4
4. Counter-affidavit has been filed by the various State Respondents.
5. In the affidavit of the State of Tripura and Tripura State Pollution Control Board, it is mentioned that one Continuous Ambient Air Quality Monitoring Station (CAAQMS) would be installed at Bordowali, Agartala, West Tripura. Mr. Arnab Ray, learned Counsel informs that after filing of the affidavit and during the pendency of the present Original Application the said CAAQMS has now been installed.
6. The Applicant has filed a tabular chart dated 25.01.2023 bringing on record a table on the present status of OCEMS data which reads as under: -
"TABLE ON PRESENT STATUS OF OCEMS DATA Sl. States OCEMS Public Real Historical Comments No. Data Accessibility Time Data Availability Data 1 West Not Not Not Not The link of the OCEMS Bengal available/ available/ available/ available/ page is on the main page of Not working Not working Not Not the website. The page working working leads to the list of industries operating in the State. However, only 12 out of 44 industries have linked the data. The links when clicked shows a 404 error (page not found), so it was not possible to check for historical or real time data.
The affidavit dated
29.08.2022 states that
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CPCB has launched an E-
Portal to upload data
relating to compliance of
the industries and West
Bengal is uploading the
data regularly. The
Applicant tried to access
the same website http://
rtdms.cpcb.gov.in/industry-
login. It is pertinent to note
that the website is
password protected and
hence lacks accessibility
and availability of data to
the public at large.
2 Odisha Yes Yes Yes Yes The link to the OCEMS is
not prominently displayed
on the homepage. It is
embedded in the Monitoring
Data Acquisition System
tab which leads to a User-
ID and Password protected
page where the link to the
Public Portal is placed in
small text below the login
tabs.
3 Bihar Yes Yes Yes Not No historical data. Public
available access link not displayed
prominently in the PCB
portal.
4 Jharkhand Yes Yes Yes Yes At the time of visiting the
PCB website 147 industries
were online and 23 were
offline.
5 Assam Yes (Only Yes (Only Yes (Only Yes (Only No link available on the
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emissions) emissions) emissions) emissions) main page. Data is
password protected and
hence cannot be accessed
by public at large.
6 Sikkim Yes (only Yes (only Yes (only Yes (only Only effluent monitoring
effluent) effluent) effluent) effluent) data available. The link is
not on the main webpage of
PCB but buried in the
monitoring tab of the
website.
7 Tripura Yes Yes Yes No Historical data is
unavailable.
8 Mizoram No No No No The link to OCEMS data
could not be found in the
PCB website of Mizoram.
9 Meghalaya Yes (Only Yes (Only Yes (Only Yes (Only Only emission monitoring
emissions) emissions) emissions) emissions) data available.
10 Manipur Not Not Not Not No link on the website. As
applicable applicable applicable applicable per CPCB, OCEMS not
applicable as there are no
industries.
11 Nagaland Not Not Not Not No link on the website. As
applicable applicable applicable applicable per CPCB, OCEMS not
applicable as there are no
industries
12 Andaman Not Not Not Not No link on the website. As
& Nicobar applicable applicable applicable applicable per CPCB, OCEMS not
Islands applicable as there are no
industries.
7. A perusal of the table shows that so far as the State of West Bengal is concerned, the main page of the website showing the link of the OCEMS leads to the list of industries operating in the State. It is mentioned that only 12 out of 44 industries have 7 linked the data. The link shows a 404 error (page not found) so it was not possible to check for historical or real time data. This table also shows that the affidavit dated 29.08.2022 states that CPCB has launched an E-Portal to upload data relating to compliance of the industries and West Bengal is uploading the data regularly. However, when the Applicant tried to access the said website http://rtdms.cpcb.gov.in/industry-login he could not open it as it is password protected and therefore, such data lacks accessibility and availability to the public.
We, therefore, direct the State West Bengal to address this aspect of the matter and ensure that the website is made accessible to the public. This exercise shall be completed within one month.
8. So far as the State of Odisha is concerned, the table mentions that the link to the OCEMS is not prominently displayed on the homepage. It is embedded in the Monitoring Data Acquisition System which leads to a User-Id and Password protected page where the link to the Public Portal is placed in small text below the login tab.
We, are however, of the view that nothing further requires towards compliance so far as the State of Odisha is concerned.
9. So far as the State of Bihar is concerned, the table shows that OCEMS data, public accessible and real time data is available but historical data is not available.
We direct the State of Bihar to examine this issue and ensure that the website is made accessible to the public. This exercise shall be completed within one month. 8
10. So far as the State of Jharkhand is concerned, the table shows that OCEMS data, public accessible, real time data and historical data is available and 147 industries were online in the State Pollution Control Board Website and 23 industries were offline.
11. So far as the State of Assam is concerned, the table mentions that OCEMS data, public accessible and real time data is available on the Pollution Control Board Web Portal. It is stated that the link is not prominently displayed; historical data is not available but it is stated that only data of emissions is available and no data with regard to effluent is found.
We direct the State of Assam to examine this issue and ensure availability of effluent data on the website within one month.
12. So far as the State of Sikkim is concerned, the table shows that there is only effluent monitoring data available. It is stated that the link is not on the main webpage on the Pollution Control Board Website.
We direct the State of Sikkim to examine this aspect of the matter and ensure that the website is made accessible to the public. This exercise shall be completed within one month.
13. So far as the State of Tripura is concerned, the table mentions that OCEMS data, public accessible and real time data is available on the Pollution Control Board Web Portal but the historical data is not available.
We direct the State of Tripura to examine and remedy this issue within one month.
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14. The Mizoram State of Pollution Control Board and State of Mizoram have jointly filed affidavit dated 14.07.2022, wherein it is stated that with regard to the directions issued by the CPCB on 29.05.2015 and 06.09.2018 regarding installation of online Effluent and Emissions Monitoring Devices in all 17 categories of highly polluting industries and CETPs, Common Hazardous Waste and Biomedical Waste Incinerators, the response has been submitted by the Mizoram State Pollution Control Board vide its letter dated 07.09.2018, page no. 620 of the paper-book, informing the CPCB that there is no industry in the State of Mizoram under 17 Category of industries and therefore, the action as required under the directions issued by the CPCB cannot be initiated as of now.
15. It is also stated that the only facility requiring OCEMS is a 10 MLD STP at Bethlehem Vengthlang, Aizawal and instructions regarding the installation of OCEM has been given to the Program Director (SIPMIU, UD & PA Department), at the time of construction of the plant. It is further stated that OCEM became operational with effect from 21.07.2021 and that the CPCB had approved the Project.
16. So far as the question of the link to the OCEMS data within the State of Mizoram not being found on the State Pollution Control Board Website is concerned, we direct the State of Mizoram and the Mizoram State Pollution Control Board to examine and remedy this issue within one month.
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17. So far as the State of Meghalaya is concerned, it is stated that all parameters are displayed and data is available but only emission monitoring data is available on the Pollution Control Board Website.
We direct the State of Meghalaya to examine and remedy this issue within one month.
18. So far as the State of Manipur is concerned, the table shows that no link on the Pollution Control Board Website. It is stated that as per CPCB, OCEMS is not applicable to the State of Manipur as there are no industries.
19. So far as the State of Nagaland is concerned, the table shows that there is no link on the Pollution Control Board Website. It is stated that as per CPCB, OCEMS is not applicable to the State of Nagaland as there are no industries in the State.
20. So far as the Andaman & Nicobar Islands is concerned, the table shows that there is no link on the Pollution Control Board Website. It is stated that as per CPCB, OCEMS is not applicable to the Andaman & Nicobar Island as there are no industries there.
21. Mr. Ritwick Dutta, learned Counsel for the Applicant submits that in view of the table which has been filed only directions are required to be given for the State of West Bengal. We have already given directions to the State of West Bengal hereinabove.
22. With the aforesaid directions, the Original Application No.91/2021/EZ is disposed of.
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23. There shall be no order as to costs.
..................................... B. Amit Sthalekar, JM .................................... Prof. A. Senthil Vel, EM January 31, 2023 Original Application No.91/2021/EZ MN 12