Disposed

Radhesh Pappu vs

NGT6 Apr 2022Original Application No. 369/2021

Case brief

AI extract

What is this about?

In a National Green Tribunal application alleging uncontrolled industrial pollution in Muzaffarnagar, the Tribunal reviewed a joint committee report noting violations by 25 industries, including lack of stack monitoring and poor waste disposal, and directed the State PCB to issue closure orders and file a compliance report.

What did the court decide?

Direction to PCB to forthwith issue closure orders for serious violations, assess compensation, and file a compliance report by 15.07.2022.

Radhesh Pappu vs — Environment and Pollution | NGT (2022)

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Item No. 06

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(Court No. 1)

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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(By Video Conferencing)

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Original Application No. 369/2021

Radhesh Pappu

Applicant

Versus

State of Uttar Pradesh

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Respondent

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Date of hearing: 06.04.2022

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CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, 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(s): Mr. Pradeep Misra & Mr. Daleep Dhyani, Advocates for UPPCB Mr. Saurabh Balwani, Advocate for CPCB

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ORDER

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Grievance in this application is against uncontrolled industrial pollution in Sujddu Chungi Industrial area of Muzaffarnagar, U.P. from the industries manufacturing ingot, iron rod and paper due to which Comprehensive Environmental Pollution (CEPI) Index of the industrial area in question is high.

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Vide order dated 04.01.2022, considering the grievance of uncontrolled industrial pollution, the Tribunal directed a joint Committee of CPCB, State PCB and District Magistrate, Muzaffarnagar to verify the facts and take remedial action for which a special drive may be initiated

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against the erring industry engaged in manufacture of ingot, iron rod and paper, causing pollution.

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In pursuance of above, the joint Committee has filed its report on 31.03.2022 after undertaking visit to the site on 23-25 February, 2022. Relevant extracts from the report are:-

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“5.0 Status of air polluting industries as per the inspection by the Committee

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The designated committee also conducted inspection of air polluting industries on 23.02.2022 to 25.02.2022. Total 25 industries were inspected out of which 02 industries were found permanently closed/dismantled or temporarily closed, 07 industries were not operational during visit. Out of 25 industries 07 industries have induction furnaces, 10 industries have rolling mills, 01 industry is tyre pyrolysis unit, 04 industries are reheating furnaces, 04 industries are refractories, 02 industries have cupola furnaces and 01 industry is cycle tyre tube manufacturing.

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Out of 25 industries mentioned above, only 07 industries were found having appropriate stack monitoring facilities provided in the stack hence source emission monitoring of 07 stacks were conducted. The stack monitoring revealed Particulate Matter (PM) concentration within the prescribed standard. Status of Air Pollution Control System and compliance status of 25 Air polluting industries of Suzuru industrial area are annexed as Annexure-5 .

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The industry wise inspection report along with all the photographs and relevant documents appended in Annexure-6 .

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6.0 Salient Observations:

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1. The Committee observed that industries inspected have no proper provision for stack monitoring facility conforming to CPCB criteria (Emission Regulation Part III).

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2. Most of the industries have only Gravity settling chamber as Air Pollution control System and fume extraction system in furnace to ensure maximum collection of dust and smokes from furnaces.

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3. Due to heavy movement of vehicles in and around the industrial area and the roads of the industrial area are damaged lot of dust gets air born and becomes a nuisance.

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4. Units having DG sets have not adequate stack height and acoustic enclosures.

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5. During visit committee has observed that some units have no proper disposal of Slag generated from process.

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7.0 Recommendations:

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1. The SPCB may be directed to ensure that all the Induction and Rolling mills and other Air polluting units of Suzru Industrial area are equipped with upgraded air pollution control system,

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2. The SPCB may be directed to issue suitable direction to all non-complying Induction and Rolling mills and other Air polluting units of Suzru Industrial area having not adequate air pollution control system,

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3. SPCB shall specifically mention in Consent condition regarding upgrading air Pollution control system and fume extraction system in furnaces to ensure maximum collection of dust and smokes from furnaces and route through Air pollution Control Device (APCS). The APCS shall be possessed with interlocking system.

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4. All Air polluting units may ensure proper disposal of Slag generated from process.

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5. The Concerned Municipal authority and District administration shall ensure good road condition throughout the year and further ensure dust suppression by periodic water sprinkling. ”

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We have heard learned counsel for the State PCB.

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From the report it is seen that industries do not have proper provision for stack monitoring facility as per CPCB criteria. Gravity settling chamber is not adequate mechanism to control air pollution. DG sets are operated without adequate stack height and acoustic enclosures. There is no proper disposal of slag generated from the process. Thus, remedial action is required to ensure that the industrial units upgrade their air pollution control systems. The State PCB must incorporate relevant requirements to prevent pollution and scientific disposal of slag in consent conditions. Inspection reports of individual units depict various violations. It appears that consents are mechanically granted and compliance of consent conditions is not effectively monitored. Even after finding violations, action is not taken against such violations.

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Learned counsel for the State PCB submitted that since the violations have now come to notice, the PCB will forthwith issue closure orders, where there are serious violations, till the violations are remedied and also make the violators accountable for past violations by way of assessing compensation. The PCB will also review and strengthen its

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mechanism of granting consents so that consents are granted only after due verification of availability of requisite equipments as to prevent air pollution. Unless stack monitoring facilities exist and emission norms are monitored, consents may not be granted. Further, there is need for proper management of slag and other waste being generated in accordance with the rules.

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Let the PCB file compliance report of status as on 30.06.2022 by e- mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF, by 15.07.2022 with the Registrar General of this Tribunal. If any further direction is found necessary, the Registrar General may place the matter before the Bench.

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Subject to above, the application is disposed of.

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Adarsh Kumar Goel, CP

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Sudhir Agarwal, JM

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Arun Kumar Tyagi, JM

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Prof. A. Senthil Vel, EM

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Dr. Vijay Kulkarni, EM

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Dr. Afroz Ahmad, EM

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April 06, 2022 Original Application No. 369/2021 A

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Radhesh Pappu vs

Case brief

What is this about?

What did the court decide?

Radhesh Pappu vs

Case brief

What is this about?

What did the court decide?

What the court decided

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