Remanded

Misc Application in disposed of cases No. 51/2022 in Original Application No. 258/2021 of Jeewan Chandra Kashneyal v. Bhuwan Chandra Kapri

NGT19 Dec 2022Misc Application in disposed of cases No. 51/2022 in Original Application No. 258/2021

Case brief

AI extract

What is this about?

The Tribunal addressed non-compliance regarding noise pollution at an Atta Chakki and Masala Udhyog. While no consent was required as it was a White category industry, the court directed the District Magistrate to initiate action for excessive noise levels exceeding permissible limits under relevant Rules.

What did the court decide?

District Magistrate, Pithoragarh directed to take necessary action for violation of noise norms.

Misc Application in disposed of cases No. 51/2022 in… — Environment and Pollution | NGT (2022)

¶1

Item No. 02

¶2

Court No. 1

¶3

BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

¶4

M.A. No. 51/2022 IN Original Application No. 258/2021

¶5

Jeewan Chandra Kashneyal

Applicant

Versus

Bhuwan Chandra Kapri

Respondent

Date of hearing: 19.12.2022

¶11

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

¶12

Respondent: Mr. Mukesh Verma, Advocate for UKPCB

¶13

ORDER

¶14

Grievance in this application is against non-compliance of order of this Tribunal dated 09.11.2021 directing the Member Secretary, UEP&PCB and the District Magistrate, Pithoragarh to take remedial action in the matter of violation of environmental norms in operating an Atta Chakki and Masala Udyog in District Pithoragarh by one Bhuwan Chandra Kakri.

¶15

Vide order dated 04.02.2022, the Tribunal sought a factual report from State PCB and District Magistrate, Pithoragarh. Vide order dated 04.07.2022, the Tribunal considered the report of the State PCB dated 04.05.2022 and directed that the District Magistrate, Pithoragarh may

¶16

¶17

complete further contemplated action in terms of the report. The report is

¶18

reproduced below:-

¶19

“II. FACTUAL REPORT

¶20

1. Observations of the Joint Committee is as given below:

¶21

i) The house/shop of complainant and respondent are adjacent to each other at Badda Road, Tildhukari, Pithoragarh.

¶22

ii) CHC is running in the house of complainant while respondent runs said Atta Chakki & Masala Udhyog in his house.

¶23

iii) The respondent has obtained approved map for commercial building from the Competent Authority in the year 2004-05 and obtained electricity connection in the category of "Industry up to 25 KW".

¶24

iv) The Nagar Palika Parisad, Pithroragarh has issued permission for operation of commercial activity at the said location.

¶25

v) The respondent also obtained pre-registration No. B/20/4301756 dated 10.01.1992 from the District Industry Centre, Pithoragarh.

¶26

vi) Said Atta Chakki & Masala Udhyog was in operation at the time of inspection. Noise level monitoring was also undertaken by the Uttarakhand Pollution Control Board and average noise level Leq was reported 66.24 dB(A).

¶27

vii) Said area exhibit mixed activities viz. residential and commercial. Monitored noise level was beyond the permissible limit under the Noise Pollution (Regulation and Control) Rules, 2000.

¶28

viii) The respondent has not obtained consent to operate from the Uttarakhand Pollution Control Board for operation of said Atta Chakki and Masala Udhyog. Copy of inspection report of Joint Committee is enclosed as Annexure-1.

¶29

Further, following clarifications were submitted by the Regional Officer, UKPCB, Haldwani in the matter vide letters dated 25.03.2022, 12.04.2022 and 20.04.2022:

¶30

i) Respondents' Atta Chakki and Masala Udhyog is located in mix area i.e. residential and commercial area.

¶31

ii) As per respondent, the average grinding of wheat and masala are 2000Kg/month and 25 kg/month, respectively, without involving in cleaning and pre-packaging of flour and spices.

¶32

iii) The capacity of motor being used in Atta Chakki and Masala Udhyog is 10 HP.

¶33

iv) As per Uttarakhand Power Corporation Ltd. electricity load is 10 KW and electricity supply released on 29.11.1991.

¶34

Copies of letters dated 25.03.2022, 12.04.2022 and 20.04.2022 of Regional Officer, UKPCB, Haldwani are enclosed as Annexure-2, 3 & 4.

¶35

¶36

2. It is pertinent to mention that a complaint case under section133 of Code of Criminal Procedure is under trial before the Court of Sub-District Magistrate, Pithoragarh against the respondent i.e. Bhuwan Chandra Kapri, due to illegal operation said Atta and Masala Chakki. Copy of notice issued under section-133 of Code of Criminal Procedure is already attached with Annexure-1.

¶37

III. CLASSIFICATION OF INDUSTRIAL SECTORS UNDER RED, ORANGE, GRREN and WHITE CATEGORIES:

¶38

As per the classification of industrial sector — as Red, Orange, Green and White categories, as amended by the Central Pollution Control Board and added additional categories by the UKPCB, time to time, — "Atta Chakkies, Chilly and Masala Powder, grinding of spices (operating up to 10 HP motor) for domestic uses involving dry process and without facility of packaging and marketing of products" are categorized under white category with non-industrial activities.

¶39

As per Central Pollution Control Board's directions dated 07.03.2016 regarding harmonization and classification of industrial sectors under Red, Orange, Green and White categories —

¶40

Whereas, there shall be no necessity of obtaining the "Consent to Operate" for White category of industries and an intimation to concerned SPCB/PCC shall suffice.

¶41

In view of above, White category of operations is exempted from the purview of consent management by State PCB.

¶42

IV. CONCLUSION AND ACTION TAKEN BY UKPCB:

¶43

1. As per the classification of industrial sector under as Red, Orange, Green and White categories, as amended by the Central Pollution Control Board and added additional leftover categories by the UKPCB, time to time, said Atta Chakki and masala Udhyog is falls under White category, and there is no necessity of obtaining Consent to Operate from the UKPCB.

¶44

2. The noise level monitoring undertaken by the Regional Officer, UKPCB, Haldwani and reported increased average noise level (66.24 dB(A) with respect to permissible limit. Further, Uttarakhand Pollution Control Board has suggested the District Magistrate Pithoragarh vide letter dated 18.04.2022 to initiate action in accordance of notification dated 09.06.2021 issued by the Government of Uttarakhand in execution of provisions of the Noise Pollution (Regulation and Control) Rules, 2020. Copy of letter (with annexures) issued on dated 28.04.2022 is enclosed as Annexure-5.”

¶45

¶46

Thereafter, the present MA No. 51/2022 was filed by the Applicant with the grievance that action in terms of order dated 04.07.2022 had not been taken. The same was dealt with vide order dated 25.08.2022 seeking compliance report from the District Magistrate. No report has been filed by the District Magistrate in pursuance to order dated 25.08.2022. Options before the Tribunal are either to take coercive measures against District Magistrate, Pithoragarh for failure to furnish report in terms of order dated 25.08.2022 or to grant further opportunity to District Magistrate, Pithoragarh to take necessary action in the matter. In the circumstances, we adopt second course and direct the District Magistrate, Pithoragarh to take necessary action as already directed with liberty to the applicant to take remedies if necessary action is not taken.

¶47

M.A. will stand disposed of.

¶48

A copy of this order be forwarded to the District Magistrate, Pithoragarh by email for compliance.

¶49

Adarsh Kumar Goel, CP

¶50

Sudhir Agarwal, JM

¶51

Prof. A. Senthil Vel, EM

¶52

December 19, 2022 M.A. No. 51/2022 in O.A. No. 258/2021 A

¶53

Misc Application in disposed of cases No. 51/2022 in Original Application No. 258/2021 of Jeewan Chandra Kashneyal v. Bhuwan Chandra Kapri

Case brief

What is this about?

What did the court decide?

Misc Application in disposed of cases No. 51/2022 in Original Application No. 258/2021 of Jeewan Chandra Kashneyal v. Bhuwan Chandra Kapri

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Misc Application in disposed of cases No. 45/2022 in Original Application No. 26/2021 of Srikanta Kumar Pakal vs State of Odisha

Misc Application in disposed of cases No. 100/2022 in Original Application No. 93/2021 of Mukesh Kumar Aggarwal vs Cpcb & Ors.

Misc Application in disposed of cases No. 99/2022 in Original Application No. 459/2018 of Rashmi Singh vs National Thermal Power Corporation NTPC

Misc Application in disposed of cases No. 41/2022 in Original Application No. 75/2020 of Chinmoy Mondal vs Department of Environment and Climate Change

Misc Application in disposed of cases No. 29/2022 in Appeal No. 57/2022 of Caetana Juliana Fernandes vs Goa Coastal Zone Management Authority

Misc Application in disposed of cases No. 5/2022 in Original Application No. 20/2022 of Amit Rajoriya S/O Shri Kailash Narayand Rajoriya vs Union of India through Secretary Moef&Cc

Misc Application in disposed of cases No. 14/2022 in Original Application No. 191/2021 of S.Sekar vs Ministry of Agriculture and Farmers Welfare

Misc Application in disposed of cases No. 262/2017 in Appeal No. 36/2017 of Bambhor Gram Panchayat Village through Its Authorized Signatory Bharatbhai Jairambhai Bhil vs Union of India Ministry of Environment Forest and Climate Change through the Secretary

Vikram Singh vs State of Haryana

Ramesh Malik vs Union of India through Secretary Ministry of Environment and Forests New Delhi(E-Mail:[email protected])

National Egg Coordination Committee vs Union of India

Sree Kottam Tulasi Reddy vs M/S Sns Starch Limited

Sree Kottam Tulasi Reddy vs M/S Sns Starch Limited

Misc Application in disposed of cases No. 490/2017 in Original Application No. 473/2015 of Gauri Maulekhi vs Government of Jammu and Kashmir