Disposed

Manish Ranjan v. State of Bihar

NGT5 Aug 2024Original Application No. 20/2024

Case brief

AI extract

What is this about?

Upon a suo motu application alleging air and water pollution by rice mills in Arwal, Bihar, the Tribunal reviewed an inspection report. Finding three units non-compliant regarding effluent treatment and waste disposal, the Tribunal directed the State Pollution Control Board to proceed with closure actions and environmental compensation.

What did the court decide?

Directed the Bihar State Pollution Control Board to take closure action and determine environmental compensation for three non-compliant rice mills after hearing.

Manish Ranjan vs State of Bihar — Environment and Pollution | NGT (2024)

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Item No.08

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Court No.1

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BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA

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(THROUGH PHYSICAL HEARING WITH HYBRID MODE)

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Original Application No.20/2024/EZ

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In the matter of:

Manish Ranjan

……..Applicant(s)

Versus

1. District Magistrate, Arwal DM Office, Arwal, Bihar-804401;

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2. Bihar State Pollution Control Board

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Through its member Secretary, Parivesh Bhawan, Plot No. Ns-B/2, Paliputra Industrial Area, Patliputra, Patna (Bihar)-800010

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……..Respondent(s)

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Date of hearing: 05.08.2024

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CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER

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For Applicant(s) : None

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For Respondent(s) : Mr. Surendra Kumar, Advocate for R-1,

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Ms. Amrita Pandey, Advocate for R-2 (in Virtual Mode)

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ORDER

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Case called out. No one is present on behalf of the Applicant.

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The present Original Application has been taken up suo motu on a complaint submitted by one Mr. Manish Ranjan, alleging that Janvi Rice Mill located in Village-Subedar Bigha, Post Office-Sahar Telpa, Block-Karpi, District-Arwal, Bihar, Jalpura Foods Private Limited, located at Jalpura Branch Post Office, Jalpura, Arwal, Bihar, Baid Rice Mill, Arwal, and Pushpa Rice Mill, Arwal, are causing sever air and water pollution.

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The allegation is that the said Rice Mills are operating without any proper pollution control measures and are flouting the guidelines

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issued by the Central Pollution Control Board for Rice Mill industries.

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The allegation further is that the said Rice Mills are using rice husk as fuel for its boiler which is generating huge amount of ash and smoke but the ash is not being handled, stored and disposed of properly and is being dumped in the open or in the nearby water bodies and the smoke is emitting harmful gases and particulate matter which is affecting the air quality and health of the people living in the vicinity.

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It is further alleged that the Rice Mills in question are not having any operating Effluent Treatment Plant (ETP) for water treatment and polluted water is flowing into the agricultural land.

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At the time of admission, the Tribunal constituted a fact finding Committee comprising of the following members:-

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(i) Senior Scientist, Bihar State Pollution Control Board,

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(ii) District Magistrate, Arwal, or his representative not below the rank of Additional District Magistrate.

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The Committee was required to inspect the sites of the rice mills in question and submit its Report within four weeks on affidavit with regard to the allegations made.

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Affidavit dated 03.08.2024 has been filed by Respondent No.2, Bihar State Pollution Control Board, bringing on record the Inspection Report of an inspection carried out on 23.07.2024 & 24.07.2024. The Inspection Report reads as under:-

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“ INSPECTION REPORT OF THE JOINT COMMITTEE CONSTITUTED IN THE MATTER OF THE HON’BLE NGT OA NO.20/2024/EZ, MANISH RANJAN VERSUS THE STATE OF BIHAR & OTHERS.

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Inspection site:

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Rice mills located in the district of Arwal:-

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M/s Janvi Rice Mill Village- Subedar Bigha, P.O.Sahar Telpa, Block:-Karpi, Dist.:- Arwal;

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M/s Jalpura Foods Pvt. Ltd., P.O.:- Jalpura, Dist.:Arwal;

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M/s Vaid Rice Mill, Dist.:- Arwal;

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M/s Pushpa Rice Mill, Dist.:- Arwal.

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Date of Inspection: 23.07.2024 & 24.07.2024. Background:

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The Hon’ble NGT, Eastern Zone Bench, Kolkata, has registered O.A. 20/2024/EZ, as suo-moto cognizance on the complaint of Sri Manish Ranjan, Bihar. The Hon’ble NGT in its order dt. 04.03.2024 has directed to constitute a fact finding Committee to enquire into the allegations comprising of following members:-

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(i) Senior Scientist, Bihar State Pollution Control Board,

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(ii) District Magistrate, Arwal or his representative not below the rank of Additional District Magistrate.

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Allegations :

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1. Rice Mills are operating without any proper pollution control measures and are flouting the guidelines issued by the Central Pollution Control Board for Rice Mill industries;

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2. Rice Mill are using rice husk as fuel for its boiler which is generating huge amount of ash and smoke but the ash is not being handled, stored and disposed of properly and is being dumped in the open or in the nearby water bodies and the smoke is emitting harmful gases and particulate matter which are affecting the air quality and health of the people living in the vicinity.

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3. Rice Mills in question are not having any operating Effluent Treatment Plant (ETP) for water treatment and polluted water is flowing into the agricultural land.

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The Hon’ble Tribunal, directed that (1) The Committee shall inspect the sites of the said Rice Mills and submit its Report within four weeks on affidavit with regard to the allegations made, and

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(2) In case violations by the said Rice Mills are found as alleged by the Applicant, the Committee shall identify the proprietors of the said Rice Mills so that they may be impleaded in the array of Respondents in future.

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Nomination/ Constitution of Committee:

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1. The Bihar State Pollution Control Board nominated Sri Arun Kumar, the Board Analyst vide Letter No.:- 1589 dated: 03.07.2024. and

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2. The District Magistrate, Arwal nominated Dr. Anupama Kumari, Additional District Magistrate, Arwal vide Letter No.:- 1011 dated: 16.07.2024.

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3. The Bihar State Pollution Control Board has fixed the date of inspection 23.07.2024 and 24.07.2024 with the consensus of the members of Joint Committee vide Board's letter no.:- 1725 dt. 23.07.2024.

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4. The members of the Joint Committee met at the official chamber of the Additional District Magistrate, Arwal on 23.07.2024 at 11:00 AM and after a discussion the Joint Committee proceeded for the inspection of alleged industries along with Sri Om Prakash, the Sub-Divisional Magistrate, Arwal. The Joint Committee verified the compliances of Consents to Operate (CTOs) for Emission and Effluent under relevant Acts and in light of “Comprehensive Industry Document on Pulse, Wheat and Rice Mills” issued by the Central Pollution Control Board, Delhi.

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5. M/s Jalpura Food Pvt. Ltd., P.O:.- Jalpura, Block:Arwal, Dist.:-Arwal was inspected on 23.07.2024. Sri Dilip Singh, the Proprietor (Mobile No.- 8210606208) was present during the visit of the Joint Committee. The unit was not in operation at the time of inspection. Some maintenance and other activities like loading of rice etc. were observed.

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a. The proponent has obtained the following documents from the Bihar State Pollution Control Board and concerned authority:-

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i. Consent to Establish/NOC from the Bihar State Pollution Control, Board, Patna vide Letter No.: 951 dated: 13.09.2022

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ii. Consent to Operate (Discharge) from the Bihar State Pollution Control, Board, Patna vide Letter No.: 1674 dated: 19.10.2023 under the Water (Prevention and Control

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of Pollution) Act, 1974, valid for Five years from the date of issue;

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iii. Consent to Operate (Emission) from the Bihar State Pollution Control, Board, Patna vide Letter No.: 1673 dated: 19.10.2023 under the Air (Prevention and Control of Pollution) Act, 1981, valid for Five years from the date of issue;

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iv. No Objection Certificate (NOC) from the Central Ground Water Authority/ Board (CGWA) for the extraction of 120 m³ /day or 36000 m³ /year the ground water vide NOC No. CGWA/NOC/IND/ORIG.2024.19741 dated: 05.01.2024, valid up to: 04.01.2027.

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b. It is a parboiled rice mill unit having a processing capacity of 06 Tons/Hour. The unit has Steam Parboiling Section, Milling Section and Boiler Section. The parboiling section has potential of discharging polluted water/effluent, which requires Effluent Treatment Plant (ETP). The Boiler Section and Milling sections have a potential of emissions of Particulate Matter (PM). Boiler generates pollutants like Particulate Matter in the form of ash, particles of burnt/unburnt rice husk and gaseous pollutants like SO2 and NO2. The milling unit generates rice husk from the de-husking section.

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c. It is a seasonal unit generally operating between January to May. The unit is processing paddy provided by the Primary Agriculture Credit Societies (PACS) and rice is returned to the PACS. They are doing the job work.

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d. The unit was not in operation. Some maintenance and other activities like loading of rice etc. was observed. It was informed that after the trial run, paddy provided by the PACS are processed and handed over to the concerned PACS. The processing plants like Boiler and Parboiling sections were started from mid of January, 2024 and operation was stopped in March, 2024.

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e. The unit has a paddy husk fired Boiler having 4 TPH steam generation capacity. It is fitted with stack height of approx. 100 ft. Stack was not provided with sampling platform. The unit uses paddy husk as fuel (about 12 Tons/day). The unit has installed a Cyclone as Air Pollution Control Devices (APCD) to control particulate matter from the boiler. The collected ash is dumped in the nearby low lying area owned by unit, for its filling purpose covered with the soil layer on the top, except a small patch of un-covered filling.

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f. The unit has two bore-well (including one as stand by) for the requirement of water for processing of paddy and

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operating boiler. The unit has obtained NOC from the CGWA for the extraction of 120 m³ /day or 36000 m³ /year of ground water vide NOC No. CGWA /NOC/IND/ ORIG.2024.19741 dated: 05.01.2024, valid up to: 04.01.2027.

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g. The unit has placed order for the supply & installation of ETP. The proponent stated that the effluent was discharged over the ash, dumped in its own low lying area, which is now covered by Jhar (a type of shrub). The proponent has assured that the ETP will be installed and put in operation before the commencement of next season i.e. before the January, 2025.

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h. Paddy husk generated from the de-husking unit of milling section goes to two hoppers, from where it goes to the boiler as a fuel for heating purposes. As informed by the unit that rice husk generated from the milling section generally consumed by the boiler, but some time the overflow comes out which is collected outside the hopper. It is covered with tarpaulin/ plastic sheet. The surplus paddy husk was sold out during the previous season and have no stocking of paddy husk in its premises. The proponent informed that it was the 1st year of operation. They have assessed the volume of paddy husk and accordingly they will construct permanent shed before the commencement of next season i.e. January, 2025.

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i. The milling section is inside the high raised brick wall which helps in reduction of ambient noise level outside the plant.

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j. Unit has a Diesel Generator Set of 160 KVA fitted with the Integrated Acoustic Enclosure.

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k. The following are the non-compliances observed by the committee:

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i. The unit has not installed an ETP so far. They have placed order for supply and installation of ETP.

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ii. The unit has not constructed permanent covered shed to store the paddy husk.

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iii. The stack attached with the boiler does not have sampling provisions including sampling platform.

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l. Recommendations:-

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i. The unit shall not be allowed to operate without installation of Effluent Treatment Plant (ETP), (ii) construction of permanent covered shed to store the paddy husk and (iii)

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safe sampling platform with the sampling port hole in the stack, (iv) environmentally disposal of the boiler ash.

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6. M/s Janvi Rice Mill, At:- Subedar Bigha, P.O.:- Sahar Telpa, P.S.:-Karpi, Dist.:- Arwal was inspected on 23.07.2024. Sri Sanjay Kumar, the Proprietor (Mobile No.- 9934433835) was present during the visit of the Joint Committee. The unit was not in operation at the time of inspection. Some maintenance and other activities like loading of rice, etc. were observed.

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a. The proponent has obtained the following documents from the Bihar State Pollution Control Board and concerned authority:-

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i. Consent to Establish/ NOC from the Bihar State Pollution Control, Board, Patna vide Letter No.: 557 dated: 25.04.2022.

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ii. Consent to Operate (Discharge) from the Bihar State Pollution Control Board , Patna vide Letter No.1739 dated: 06.11.2023 under the Water (Prevention and Control of Pollution) Act, 1974 valid for Five years from the date of issue;

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iii. Consent to Operate (Emission) from the Bihar State Pollution Control, Board, Patna vide Letter No.: 1738 A dated: 06.11.2023 under the Air (Prevention and Control of Pollution) Act, 1981 valid for Five years from the date of issue;

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iv. No Objection Certificate (NOC) from the Central Ground Water Authority/ Board (CGWA) for the extraction of 80 m³ / day or 24000 m³ / year the ground water vide NOC No.: CGWA/ NOC/IND/ORIG/2023/ 19323 dated: 26.09.2023 and it is valid till 25.09.2026.

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b. It is a parboiled rice mill unit having a processing capacity of 04 Tons/Hour. The unit has Steam parboiling Section, Milling Section and Boiler Section. The parboiling section has potential of discharging polluted water/ effluent, which requires Effluent Treatment Plant (ETP). The Boiler Section and Milling sections have a potential of emissions of Particulate Matter (PM). Boiler generates pollutants like Particulate Matter in the form of ash, particles of burnt/unburnt rice husk and gaseous pollutants like SO2 and NO2. The milling unit generates rice husk from the de-husking section.

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c. It is a seasonal unit generally operating between January to May. The unit is processing the paddy provided by the

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Primary Agriculture Credit Societies (PACS) and rice is returned to the PACS. They are doing the job work.

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d. The unit was not in operation. Some maintenance and other activities like loading of rice etc. was observed. It was informed that paddy provided by the PACS arc processed and handed over to the concerned PACS. The processing plants like Boiler and Parboiling sections were started from January, 2024 and operation was stopped from mid of May, 2024, as informed by the Sri Sanjay Kumar, the proprietor of the unit.

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e. The unit has a paddy husk fired Boiler having 4 TPH steam generation capacity. It is fitted with stack height of approx. 100 ft. with sampling platform. The unit uses paddy husk as fuel (about 10.5 Tons/day). The unit has installed a Cyclone as Air Pollution Control Devices (APCD) to control particulate matter from the boiler. The collected ash is dumped in its own low lying area for filling purpose, lined with the soil at the top. The committee observed the dumping of boiler ash compacting with soil in its own except at one place.

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f. The unit has two bore-well (including one as stand by) for the requirement of water for processing of paddy and operating the boiler. The unit has obtained NOC from the CGWA for the extraction of 80 m³ /day or 24000 m³ /year the ground water vide NOC No.:-CGWA/NOC/IND/ ORIG/2023/19323 dated: 26.09.2023 and it is valid till 25.09.2026.

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g. The unit has installed ETP with a capacity of 60 KLD. The treated effluent was used for soaking process or irrigation of plants as informed by the proponent.

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h. Paddy Husk generated from the de-husking unit of milling section goes to two hoppers, from where it goes to the boiler as a fuel for heating purposes. As informed by the unit that rice husk generated from the milling section generally consumed by the boiler, but some time the overflow comes out which is collected in Husk Storage Building, which is covered from all sides with a cemented floor.

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i. The milling section is inside the high raised brick wall which helps in reduction of ambient noise level outside the plant.

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j. Unit has a Diesel Generator Set of 63 KVA fitted with the Integrated Acoustic Enclosure.

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k. The unit was found under compliances.

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7. M/s Baid Rice Mill, At:- Vaid Bigha, P.O.:- Mednipur, P.S.:Kurtha, Dist.:- Anval was inspected on 23.07.2024. Sri Prem

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Chand Kumar Maurya, the Proprietor (Mobile No.- 9955298619, 7542845953) was present during the visit of the Joint Committee. The unit was not in operation at the time of inspection.

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a. The proponent has obtained the following documents from the Bihar State Pollution Control Board and concerned Authority:-

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i. Consent to Establish/ NOC from the Bihar State Pollution Control, Board, Patna vide Letter No.: - 1110 dated: 28.10.2022.

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ii. Consent to Operate (Emission) from the Bihar State Pollution Control, Board, Patna vide Letter No.: 961 dated: 22.05.2023 under the Air (Prevention and Control of Pollution) Act, 1981 valid for Five years from the date of issue;

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iii. No Objection Certificate (NOC) from the Central Ground Water Authority/ Board (CGWA) for the extraction of ground water is not required because there is no requirement of water in processing.

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b. It is an Arwa Rice mill unit having a capacity of 02 Tons/Hour. The units have Milling Section only. The Milling sections have a potential of emissions of Particulate Matter (PM). The milling unit generates paddy husk from the dehusking section.

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c. It is a seasonal unit generally operating between January to July. The unit is obtaining paddy by the PACS and arwa rice is returned to the PACS. They are doing the job work of PACS.

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d. The unit was not in operation during the inspection.

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e. Paddy husk generated from the dc-husking unit of milling section is blown toward the back of the unit for storage.

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f. The milling section is inside the high raised brick wall which helps in reduction of ambient noise level outside of plant.

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g. The unit does not have Diesel Generator Set.

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h. The following are the non-compliances observed by the committee:-

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i. The unit is dumping of paddy husk in open area.

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i. Recommendations:

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i. The unit shall not be allowed to operate without. Construction of permanent covered shed to store the paddy husk 8. M/s Pushpa Rice Mill, Proprietor: Ms. Pushpa Devi wife of Sri Sanjay Kumar, (Mobile No.- 9199116377) Mauza: Makhdumpur, At:Mokari, P.O.:- Makhdumpur, P.S.:- Arwal, Dist.:- Arwal was visited and inspected on 24.07.2024. A guard was present during the visit of the Joint Committee. The proprietor or her husband was not present during the inspection. The unit was not in operation at the time of inspection.

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a. The proponent has obtained following documents form concerned Board/ Authority

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i. Consent to Establish/NOC from the Bihar State Pollution Control, Board, Patna vide Letter No.: 1799 dated: 30.11.2023.

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ii. Unit has not obtained Consent to Operate (Emission) from the Bihar State Pollution Control, Board, Patna.

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iii. No Objection Certificate (NOC) from the Central Ground Water Authority/Board (CGWA) for the extraction of ground water not required because there is no requirement of water in processing.

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b. It is an Arwa Rice mill unit having a capacity of 02 Tons/Hour. The unit have Milling Section only. The Milling sections have a potential of emissions of Particulate Matter (PM). The milling unit generates rice husk from the de-husking section.

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c. It is a seasonal unit generally operating between January to July. The unit is obtaining paddy by the PACS and arwa rice is returned to the PACS. He is doing the job work of PACS.

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d. The unit was not in operation during the inspection.

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e. As informed it is operating from last 3 years.

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f. The unit is located at a distance of approximately 50 meters from the residential area.

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g. Paddy husk generated from the de-husking unit of milling section is blown toward the back of the unit for storage. The dumping area is not covered.

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h. The milling section is inside the high raised brick wall which helps in reduction of ambient noise level outside of plant.

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i. The unit does not have Diesel Generator Set.

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j. The following are the non-compliances observed by the committee:-

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i. Consent to Operate (CTO) not obtained from the Bihar State Pollution Control Board,

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ii. Rice Husk stored in open area. Unit has not constructed covered permanent husk storage facility.

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k. Recommendation:-

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i. The unit shall not be allowed to operate without Consent to Operate from the Bihar State Pollution Control Board and construction of permanent covered shed to store the paddy husk.

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All the four rice mills under reference were found nonoperational during the Joint Inspection. It is recommended that the said non-complying rice mills viz. (1) M/s Jalpura Food Pvt. Ltd., Jalpura, Arwal; (2) Baid Rice Mill, Mednitpur, Kurtha, Arwal; (3) Pushpa Rice Mill, Mokari, Arwal may be re-inspected for the compliance of conditions during the month of December, 2024 and during the operation of the above mentioned non-complying units between January, 2025 and April, 2025 to for verifying the compliances of the environmental norms.”

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The status of statutory clearance of the four rice mills namely,

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(i) M/s Jalpura Food Pvt. Ltd.; (ii) M/s Janvi Rice Mill; (iii) M/s Baid

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Rice Mill and (iv) M/s Pushpa Rice Mill is as under:-

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Sl. No.	Name of Rice Mill	CTE	CTO	NOC from CGWA
1.	M/s Jalpura	Yes	Yes	Yes
	Food Pvt. Ltd.
2.	M/s Janvi Rice Mill	Yes	Yes	Yes
3.	M/s Baid Rice Mill	Yes	Yes	Not required
4.	M/s Pushpa	Yes	Yes	Not required
	Rice Mill

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So far as M/s Jalpura Rice Mill is concerned, it is noted that the Unit does not have an Effluent Treatment Plant (ETP) and it was informed that order for supply and installation of ETP has been placed and it was assured that the ETP will be installed and put in operation before the commencement of the next season. The Unit has no stocking of paddy husk in its premises. The non-compliance observed by the Committee is as under:-

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(i) The Unit has not installed ETP;

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(ii) The Unit has not constructed permanent covered shed to store paddy husk;

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(iii) The stack attached with the boiler does not have sampling provisions including sampling platform.

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So far as M/s Janvi Rice Mill is concerned, the said Unit was found by the Committee to be compliant of environmental criteria.

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As regards M/s Baid Rice Mill, the deficiencies found are as under:-

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(i) The Unit does not have a DG set.

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(ii) The Unit has not established covered shed for storage of paddy husk.

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(iii) The Unit is dumping paddy husk in the open area.

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As regards M/s Pushpa Rice Mill, the deficiencies found by the Committee are as under:-

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(i) The Unit does not have a DG set.

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(ii) The Unit has not established covered shed for storage of paddy husk.

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(iii) The Unit is operating without a valid Consent to Operate (CTO) from the State Pollution Control Board.

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(iv) The Unit is dumping paddy husk in the open area.

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(v) The rice husk is stored in open area.

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In this affidavit, it has been stated that the State Board is contemplating the following action against the erring rice mills which is as under:-

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i. M/s Jalpura Rice Mill: A ‘Proposed Direction for Closure’ will be issued to the unit for not installing ETP; not construction covered shed area and for not providing sampling platform in the stack. Based on the reply of the unit further action will be taken against the unit confirming the Direction for Closure or any other direction, as the case may be.

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ii. M/s Janvi Rice Mill: No action is required to be taken against the unit as the committee has found it to be compliant. iii. M/s Baid Rice Mill: A ‘Proposed Direction for Closure’ will be issued to the unit under Section 31A of the Air (Prevention and Control of Pollution) Act, 1981, for not providing a covered shed for storage of paddy husk/rice husk in the unit. Based on the reply of the unit further action will be taken against the unit confirming the Direction for Closure or any other direction, as the case may be.

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iv. M/s Pushpa Rice Mill : A ‘Proposed Direction for Closure’ will be issued to the unit under Section 31A of the Air (Prevention and Control of Pollution) Act, 1981, for operating the unit without a valid CTO from the State Board and considering the reply of the unit, the unit may be directed to not to operate till a valid CTO is granted to the unit and also imposition of Environmental Compensation, if so required.

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We have considered the documents on record and heard the learned Counsel for the Bihar State Pollution Control Board.

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Since three rice mills, namely M/s Jalpura Rice Mill, M/s Baid Rice Mill and M/s Pushpa Rice Mill were found to be non-compliant of environmental norms, action for closure of the Units has been contemplated by the State Pollution Control Board and in view thereof nothing further remains for adjudication in the present case.

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We, however, dispose of this Original Application with a direction to the Bihar State Pollution Control Board to take appropriate action against the aforesaid three rice mills strictly as per provisions of the Air (Prevention and Control of Pollution) Act, 1981 after giving the proprietors of the Units opportunity of being heard.

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The Bihar State Pollution Control Board shall also determine Environmental Compensation after giving the proprietors of the concerned rice mills an opportunity of being heard.

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With the aforesaid directions, the Original Application No.20/2024/EZ is disposed of.

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Interlocutory Applications, if any, stand disposed of accordingly. 21. There shall be no order as to costs.

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B. Amit Sthalekar, JM

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….......................................... Dr. Arun Kumar Verma, EM

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August 05, 2024, Original Application No.20/2024/EZ MN

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Manish Ranjan v. State of Bihar

Case brief

What is this about?

What did the court decide?

Manish Ranjan v. State of Bihar

Case brief

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What the court decided

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