Disposed

Mr. Gulab Kishan Choudhari v. M/S Ultra Tech Cement Ltd.

NGT21 Mar 2022Original Application No. 19/2018

Case brief

AI extract

What is this about?

Special Bench of NGT addressed concerns regarding air pollution and health hazards caused by a cement packing unit. The tribunal directed the State PCB to verify compliance and assess compensation. The Project Proponent was directed to improve roads, plantation, and adopt recycling for pollution control.

What did the court decide?

State PCB directed to verify compliance and assess compensation. Project Proponent directed to improve roads, undertake avenue plantation, develop shelterbelts, and use recycled water for sprinkling.

Mr. Gulab Kishan Choudhari vs M/S Ultra Tech Cement Ltd. — Environment and Pollution | NGT (2022)

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Item No. 04

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(Court No. 1)

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BEFORE THE NATIONAL GREEN TRIBUNAL SPECIAL BENCH

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(By Video Conferencing)

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Original Application No. 19/2018 (WZ)

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Mr. Gulab Kishan Choudhari

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Applicant

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Versus

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M/s Ultra Tech Cement Ltd & Ors.

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Respondent(s)

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Date of hearing: 21.03.2022

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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 HON’BLE DR. VIJAY KULKARNI, EXPERT MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Respondent: Ms. Priyanka Kale, Advocate for M/s Ultra Tech Cement Ltd.

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ORDER

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Grievance in this application is against violation of environmental norms by Respondent No. 1, M/s Ultra Tech Cement Ltd., Mumbai by starting manufacturing of cement without requisite EC/Consents. It is further stated that in the course of manufacturing air pollution is caused adversely affecting the environment and health. Industrial waste containing chemical compounds is unscientifically discharged into Mula Mutha River.

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Vide order dated 10.07.2018, while issuing notice to the Respondents, including the Project Proponent (PP) and the State PCB, the Tribunal directed the State PCB to verify the correctness of the allegations

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and to take appropriate action in accordance with law if non-compliance was found.

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Reply has been filed by the PP as well as the State PCB. The stand of the PP is that it is only storing and packing the cement and not manufacturing, processing or selling the same. The unit is in green category and has requisite consents.

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The stand of the State PCB is that there are valid consents with the unit. However, inspection was carried out in view of complaint of violations. In the light of AAQM results showing air pollution, directions were issued to the PP. Relevant extract from the reply are:-

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“ 4. I say and submit that the Respondent Board has granted Consent to Operate dated 01/09/2016 to Respondent No. 1 i.e. M/s Ultra Tech Cement for packing of the cement, which is valid for the period up to 31/03/2021. A copy of the said consent to operate dated 01/09/2016 is attached and annexed herewith as an Annexure-1.

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5. I say and submit that in compliance of the Order dated 10/07/2018 passed by the Hon’ble NGT, the officials of the respondent Board at Pune have carried out the visit and inspected the unit on 10/9/2018 & observed as follows:

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i) During visit the said unit of Respondent No. 1 was found in operation. ii) The said unit is engaged in packaging of cement with capacity up to 6000 MT/day and no any other manufacturing process is involved. iii) No industrial effluent is generated from the activity of the said unit. iv) It was observed that about 4.0 CMD/day domestic effluent is generated at the said unit. For treatment of the same septic tank with soak pit is provided at the said unit. v) Industry has provided water sprinkling arrangements within the premises for dust suppression. Respondent no. 1 has installed total 200 water sprinklers within the premises. vi) Respondent no. 1 has provided above mentioned machinery to control air pollution; the machinery includes bag filters, packer units, and wagon unloading areas, silo tops, inside silo tops, air slits, bulk unloading top and abasement etc.

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vii) Around 17,000 trees are planted within the premises to control air pollution

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viii) It was also observed that Respondent no. 1 is doing water sprinkling on village road from main gate of the unit to Theoor Phata, twice a day to control dust emissions. ix) During visit it was observed that respondent no. 1 is using trucks closed with tarpaulin (Tadpatrí) for transporting cement. x) Respondent no. 1 has provided metallic roads (concrete roads) within the premises of the unit to control dust emissions.

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xi) During visit it was observed that the Respondent no. 1. is doing internal road cleaning with sweeping machines. xii) During visit, nearby water canal/odha was also visited. Said water canal is about 3 to 4 kms away from the unit also no any liquid discharge from respondent unit into the said odha/canal was observed during visit etc.

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6) I say that a copy of the visit report dated 10/09/2018 is attached and annexed herewith as an Annexure-2.

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7) I say and submit that Board Official also carried out Ambient Air Quality Monitoring (AAQM) at the main gate, wagon unloading area and packing loading area. The samples of AAQM are submitted to regional laboratory for analysis of the same. The analysis reports of the same are submitted by Regional Laboratory. The analysis results of the Ambient Air Quality Monitoring (AAQM) are attached and annexed herewith as an Annexure-3. I say and submit that as per analysis results, the parameter RSPM is exceeding the prescribed standards.

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8) I say and submit that on the basis of AAQM results, the Respondent-Board has issued Direction to Respondent no. 1 i.e. Ultra Tech Cement on 16/11/2018 and directed to take corrective steps for control of pollution . A copy of the said Directions are attached and annexed herewith as an Annexure-4. ”

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The notice issued by the State PCB is as follows:-

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“ AND WHEREAS, from the analytical results of AAQM, it reveals that the RSPM is 180 ug/M³ , 218 ug/M³ and 192 ug/M³ resp. at three locations which are exceeding the prescribed standards.

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AND WHEREAS, after examining of all the reports & records available with this office, I have come to conclusion that you are knowingly and willfully violating the provision of Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 and causing pollution endangering environment and public health in the nearby locality.

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NOW THEREFORE, in exercise of the powers conferred upon me by the Board u/s 33A of the Water (Prevention & Control of Pollution) Act, 1974 and us, 31A of Air (P&CP Act, 1981) Dr. H. D. Gandhe, Regional Officer of the Board, at Pune hereby direct you to take corrective steps for control of pollution from your activity . ”

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None appears for the applicant and the State PCB. Only Counsel for the PP present. She submits that remedial steps have since been taken to mitigate the air pollution as per notice of the State PCB dated 16.11.2018.

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However, since the compliance is not on record nor there is any appearance for the PCB, we consider it appropriate to direct the State PCB to verify the compliance status. If there is any violation, the State PCB may

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take remedial action. The State PCB may also assess compensation for the past violations.

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Apart from the above, we also direct the PP to take necessary steps to improve the road conditions in the area where transportation takes place in connection with its activities and also to undertake avenue plantation along the roads apart from water sprinkling using recycled water. The PP may also develop Shelterbelt comprising of native trees and shrubs around the plant to prevent air pollution. These steps will be treated as additional consent conditions under the Air (Prevention and Control of Pollution) Act, 1981 to be enforced by the State PCB to prevent air pollution.

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The application is disposed of.

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A copy of this order be forwarded to the State PCB by email for compliance.

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Adarsh Kumar Goel, CP

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Sudhir Agarwal, JM

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Prof. A. Senthil Vel, EM

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Dr. Vijay Kulkarni, EM