Allowed

Narayan Sharma vs

NGT2 Aug 2024IA No. 349/2024 in Original Application No. 728/2022

Case brief

AI extract

What is this about?

The NGT dismissed IAs staying recovery of environmental compensation as infructuous after the amounts were deposited. The court disposed of the main application by directing cold storages in Hathras to comply with a Joint Committee report regarding disaster management, safety, and waste disposal.

What did the court decide?

Directing cold storages to implement Joint Committee recommendations on safety, waste disposal, and remediation within prescribed timelines.

Narayan Sharma vs — Environment and Pollution | NGT (2024)

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Item No.02

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Court No. 2

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No.728/2022 (I.A. No.27/2024, I.A. No. 25/2024 I.A. No.23/2024, I.A. No.21/2024 & I.A No. 349/2024)

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Narayan Sharma Applicant

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Versus

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State of U.P. & Ors. Respondent

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Date of hearing: 02.08.2024

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CORAM: HON’BLE MR. JUSTICE SUDHIR AGARWAL JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Applicant(s):	None
Respondent(s):	Mr. Bhanwar Pal Singh Jadon Advocate for Respondent no. 1 and 4
	Mr. Mohit Singhal, Advocate for respondent no. 2-CPCB (Through VC)
	Mr. Pradeep Misra, Advocate for UPPCB (through VC)
	Ms. Mansi Chahal, Mr. S.A. Zaidi and Mr. Kapil Sagar,
	Advocates for RespondentNo. 5, 6, 7, 8, 10 and 12

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ORDER

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I.A. No.21/2024, I.A. No.23/2024, I.A. No.25/2024 and I.A. No.27/2024:

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These I.A.s have been filed by respondent 6, 7, 10 and 12 with the prayer to stay recovery of environmental compensation of Rs.1,25,000/from each of the said respondents.

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For violation of environmental laws and norms, Uttar Pradesh Pollution Control Board (hereinafter referred to as ‘ UPPCB ’) has imposed 1,25,000/environmental compensation upon each of the said

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respondents and for recovery thereof, steps have been taken hence, request has been made to stay the said recovery.

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Today, a statement has been made by Shri Pradeep Misra, Advocate appearing for UPPCB as also Learned Counsels appearing for the above respondents that amount of environmental compensation has already been deposited, therefore, these IAs have become infructuous.

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These IAs are accordingly dismissed as infructuous.

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I.A. No.349/2024:

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This application has been moved by respondent 10 stating that due to paucity of time, legible and clear copies of documents andannexure could not be filed and respondent 10 be exempted from filing such documents. Since documents are already on record, I.A. stands disposed of.

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Main Matter:

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This Original Application was registered exercising suo-moto jurisdiction under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘ NGT Act, 2010 ’)on aletter petition dated 03.06.2022, sent by Narayan Sharma Advocate stating that certain cold storages namely, HRT Cold Storage, Vill. Govindpur, Tehsil Sadabad, Bisabar Sheetgreh Pvt. Ltd., Vill. Bisabar, Tehsil Sadabad, RPM Sheetgreh Pvt. Ltd., Vill. Rohai, Tehsil Hathras, Shri Radhe Radhe Cold Storage, Vill. Kanjauli Govindpur, Tehsil Sadabad, OAS Cold Storage, Vill. Chiravali, Tehsil Sadabad, M/s. Pitambra Cold Storage, Vill. Sehpau, Tehsil Sadabad,SBL Cold Storage Pvt. Ltd., Prakash Nagar, Jalesar Road, Tehsil Sadabad, SDNK Ice & Cold Storage, Tehsil Sadabad, Jain Sheetgreh Pvt. Ltd., Vill. Vedai, Tehsil Sadabad, etc. are illegally operating in Taj Trapezium Zone (TTZ) of Tehsil Sadabad, District Hathras, Uttar

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Pradesh in violation of environmental laws in as much as there is leakage of Ammonia gas and foul smell and decomposed vegetables alsocause foul smell and thereby causing damage to environment and also creating health hazard situation to the local residents.

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Cognizance was taken by Tribunal on 23.11.2022 of above complaint and being prima-facie satisfied that a substantial question relating to environment has arisen out of implementation of enactments specified in Schedule 1 of NGT Act, 2010,Tribunal impleaded all aforesaid cold storages as also State of Uttar Pradesh through Chief Secretary, Central Pollution Control Board (hereinafter referred to as ‘CPCB’ ), Uttar Pradesh State Pollution Control Board (hereinafter referred to as ‘ UPPCB’ ) and District Magistrate, Hathras, as respondents.

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Notices were issued to the said respondents and they were required to file their responses.

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Tribunal also constituted a Joint Committee comprising CPCB, UPPCB and District Magistrate, Hathras to submit a Factual Report within one month.

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Pursuant to order dated 23.11.2022, Joint Committee has submitted Report dated 11.02.2023 filed by email dated 13.02.2023 stating that 09 cold storages were inspected by Joint Committee and in the light of the observations made by the said Committee, show cause notices dated 25.01.2023 were issued to the cold storages found violating environmental norms mentioning shortcomings observed during joint inspection and environmental compensation of Rs.10,00,000/- against 8 cold storages i.e., Rs.1,25,000/- each was also imposed. Joint Committee Report containing observations and recommendations in respect of the findings recorded during inspection, reads as under:

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Observations:

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During visit following observations are found:

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1. M/s Jain Sheetgarh Pvt. Ltd., Tehsil Sadabad, District Hathras was not in operational conditions & found closed.

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2. It was observed that all eight cold storages facilities/ units were found in operational conditions.

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3. All 08 cold storages were found empty during the visit.

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4. No waste potatoes were dumped inside the cold storage or outside of the 08 cold storages.

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5. No smell was found in and around these cold storages during the visit.

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6. As per informed by the representative of cold storage during the visit, wastage potatoes sent to nearby Gaushalas, however, no record was given during the visit.

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7. All 8 cold storage have installed an ammonia gas receiver tanks connected along with pipe line & equipment. However, no safety measures/facilities like safety mask/ safety pipe line & equipment. However, no safety measures/ facilities like safety shoes/safety hamlet/safety glass etc. no found during the visit. only one cold storage M/s Bisawar Sheetgarh Pvt. Ltd, Village & Post-Bisawar. Tehsil Sadabad. District Hathras has submitted a disaster management plan to the board & rest 07 cold storage has not submitted onsite disaster management plan.

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8. For safety purposes all 8 cold storages have installed water sprinkler systems for any disaster leakage of ammonia.

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9. All 08 cold storages have installed D.G. Set with canopy for power backup, but no facilities of gas based LPG generators found during the visit. no exhaust height of the D.G. Set found as per norms during the visit.

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10. No rain water harvesting system was found in all concerning cold storage & no NOC the ground water authorities for extraction ground water.

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11. All 08 cold storages have permission from Fire & Safety Dept, of Hathras and DHO Hathras.

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12. Uttar Pradesh Pollution Control Board has issued the notices on dated 19.12.2022 is enclosed as Annexure-iv.

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Show cause notices vide letter dated 25.01.2023 has been issued to all 09 cold storage for the compliance of the recommendations. Copy of the show cause notices enclosed herewith as Annexure-V.

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RECOMMENDATIONS:

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1 Cold storages should not operate without a disaster management plan of ammonia gas leakage. For this purpose all the 07 cold storages have been notified by UPPCB to submit immediately a disaster management plan.

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2. During operation of cold storage, they should ensure that no waste potatoes should be dumped in and around the cold storages or any open land.

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3. All cold storages should have tie-up with nearby gaushalas for giving wastes potatoes and proper record should be maintained or ensure dispose off waste potatoes with scientific manner.

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4. Proper logbooks record for operational hours of generator sets, any disaster leakage accident, operational conditions & testing of water sprinkler system should be maintained.

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5. Safety instructions to workers and nearby contact numbers, in any disaster condition must be displayed properly,

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6. Proper safety training should be given to the workers.

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7. All cold storages must adopt rain water harvesting system and D.G. sets should be operated on gas-based fuel during the failure of power supply.

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8. All cold storage shall have the NOC/ Registration from the ground water authority and Fire and Safety dept.

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9. Height of the exhaust pipe/stack should be as per norms.

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10. All cold storage must have safety measures/facilities like safety mask/safety shoes/safety helmet/safety glass etc.”

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District Magistrate separately submitted its Report dated 28.12.2023, informing that all 09 cold storages which were impleaded as respondents 5 to 13 have been served notices as per direction of Tribunal.

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Today, a statement has been made by Learned Counsel appearing for UPPCB that amount of environmental compensation imposed upon 8 cold storageshas been deposited by all 08 cold storages and this fact is also admitted by Learned Counsels appearing for respondents 5, 6, 7, 8, 10 and 12 the eight cold storages, which have deposited environmental compensation are as follows:

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(i) M/s. H.R.T. Cold Storage, Vill- Govindpur, Teh-Sadabad, Hathras

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(ii) M/s Bisawar Shitgrah Pvt.Ltd, VIII & Post-Bisawar, Teh-Sadabad, Hathras

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(iii) M/s Shri Radhe Radhe Cold Storage, Vill-Govindpur, MaujaKanjoli, Mai Road, Teh-Sadabad, Hathras

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(iv) M/s S.D.N.K. Ice & Cold Storage Pvt. Ltd, Vill-Sahpau, TehSadabad, Hathras

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(v) M/s Maa Pitambra Cold Storage, 9 Va, K.M. Sahpau, Jalesar Road, Teh-Sadabad, Hathras

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(vi) M/s R.P.M. Shitgrah Pvt.Ltd, Vill- Rohai, Teh & Distt- Hathras

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(vii) M/s O.S. Cold Storage, Vill- Chirawali, Po-Mai, Teh-Sadabad, Distt-Hathras

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(viii) M/s SBL Cold Storage Pvt. Ltd. Jalesar Road, Sahpau, TehSadabad, District-Hathras.

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Now, the only questionremains to be examined in this matter is with regard to disposal of decomposed vegetable by respondents 5 to 13 and also for taking steps so as to ensure that no obnoxious or poisonous gas, ever released and cold storages are properly maintained in accordance with environmental laws.

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In fact, we find that certain recommendations have been made by Joint Committee in its Report which we already noted above and Learned

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Counsel appearing for UPPCB stated that these recommendations must be implemented in words and spirits by respondents-cold storages.

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Ms. Mansi Chahal, Advocate appearing for respondents cold storages nos. 5, 6, 7, 8, 10 and 12 stated at Bar that the above cold storages have no objection in complying with the recommendations made by Joint Committee and to ensure a full proof system of maintaining cold storages in proper condition and eco-friendly manner so as to not to have any adverse impact on the environment and also not cause any adverse effect on health of local residents.

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In these facts and circumstances, we dispose of this Original Application by directing as under:

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(i) Recommendations 1 to 10, as are noticed above, made in the Joint Committee Report shall be executed, implemented and carried out by respondents 5 to 13 within one month whereafter, officials of UPPCB shall verify compliance and if still finds any violation, appropriate punitive, preventive, prohibitive and remedial action shall be taken in accordance with law without any further delay.

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(ii) With regard to disposal of decomposed/decaying/rotten vegetables, respondents-cold storages shall take steps for scientific disposal thereof and not by simply dumping vegetables underground as it is likely to cause different kind of contamination of soil and groundwater by affecting the presence of metals and other chemicals after taking due assistance from the concerned experts. This exercise shall also be completed within two months whereafter disposal shall be carried out in scientific manner and there shall be a

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regular periodic inspection and checking by officers of UPPCB to ensure that disposal rotten/decaying/decomposed vegetables has been made by above cold storages in a scientific manner.

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(iii) Respondents-cold storages may also explore the possibility of disposal of rotten/decomposed/decaying vegetables in a manner so as to translate it into compost which may be used by Farmers for agricultural purposes. After taking advice from concerned experts, appropriate steps shall be taken in this regard also.

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(iv) Amount of environmental compensation already deposited with UPPCB shall be utilized for remediation/rejuvenation/restoration of damaged

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environment in accordance with District Environment Plan applicable to concerned area in the light of Restoration Plan prepared by a Committee comprising District Magistrate, Hathras, Regional Forest Officer, Hathras and UPPCB who shall prepare such plan within one month and carry out execution of the same within two months.

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(v) Acomprehensive Compliance Report shall be submitted by UPPCB with Registrar General of this Tribunal within 15 days after expiry of three months from today and if Registrar General finds any further necessary, may place the matter before the Bench.

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Since the matter relates to disposal of vegetable waste by cold storages, we find that similar steps should be taken by all the concerned cold storages across the State.

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Therefore, Member Secretary, UPPCB and Chief Secretary, State of UP are directed to communicate to all concerned cold storages in the State to take out remedial measures as directed above for disposal of vegetable waste in the light observations made above.

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Sudhir Agarwal, JM

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Dr. Afroz Ahmad, EM

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July 31, 2024 Original Application No.728/2022 M

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Narayan Sharma vs

Case brief

What is this about?

What did the court decide?

Narayan Sharma vs

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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