Disposed

Samarpal Singhgrewal and Other vs

NGT14 Aug 2024Original Application No. 586/2024

Case brief

AI extract

What is this about?

The Tribunal disposed of a suo motu application regarding air and noise pollution from stone crushers and an oil factory. It directed the State to repair the unmetalled road causing dust and the UKPCB to inspect industrial units and ensure consent compliance within one month.

What did the court decide?

Direction to State of Uttarakhand to repair unmetalled road; direction to UKPCB to inspect units and ensure compliance within one month.

Samarpal Singhgrewal and Other vs — Environment and Pollution | NGT (2024)

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Court No. 2

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Item No. 05

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 586/2024

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Samarpal Singh Grewal & Ors. Applicant(s)

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Versus

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State of Uttarakhand Respondent

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Date of hearing: 14.08.2024

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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: None

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Respondents: Mr. Mukesh Verma and Ms. Vatsala Tripathi, Advocates for UKPCB (through VC)

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ORDER

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This original application was registered in exercise of suo-moto jurisdiction in view of the law laid down by Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha &Ors.” reported in (2022) 13 Supreme Court Cases 401:2021 SCC Online SC 897 on a letter petition dated 13.10.2023 received by Tribunal from Samer Pal Singh Grewal, resident of Village Sabha, Dabhaura mustahkam, District Udham Singh Nagar, Uttarakhand.

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Complainant has said that at link road which starts from NH-74 to IGL Gate and proceed to revenue Village Mukundpur, there are 8 stone crushers, dumping ground and oil factory which are emitting dust and also causing noise and thereby violating the provisions of Air (Prevention and Control of Pollution) Act, 1981 (hereinafter referred to as ‘Air Act,

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1981’) causing damage to environment and also creating health hazard to the local people.

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Tribunal took cognizance of the matter on 09.07.2024 and found it appropriate to obtain a factual report by constituting a joint committee comprising District Magistrate, District Udham Singh Nagar and Uttarakhand State Pollution Control Board (hereinafter referred to as ‘UKPCB’ ).

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Joint committee through District Magistrate, Udham Singh Nagar, has submitted report dated 09.08.2024 stating that there is an unmetalled road in Tehsil Kashipur which starts from railway crossing near IGL Material Gate at NH-24 and runs towards east along the railway line for 1km upto Village Dabhaura Mustahkam; Khasra no.10 is the railway line and road travels from north side towards khasra no. 16 to 29, reaches Village Ahatimali, khasra no. 5 and 6, and thereafter, goes for 3 kms upto Tehsil Bajpur, Village Mukundpur. Due to movement of vehicles, particularly, mineral carrying vehicles on the said unmetalled road, dust emit causing air pollution. Besides there is an oil mill namely M/s. Devbhomi Oil Company and bio-composing plant of M/s. IGL and their vehicles also move on this road causing air pollution.

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Report further said that IGL composting plant is presently not operating but there are three stone crushers and one oil company which have been granted consent by UKPCB. Emission of dust is on account of kaccha road(unmetalled road). For making it metallic road, instructions have been given to Public Works Department. It is also said that instructions have been given to concerned stone crushers and other units to allow their vehicles to ply by covering the loaded material so that there

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may not be any emission of dust but cause of emission of dust is basically movement of vehicles itself. The dust is generated by vehicles due to nature of the road i.e. unmetalled.

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Report does not show, whether three stone crushers and oil company which are operating in the area are complying with the conditions of consent issued by UKPCB.

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However, considering the fact that emission of dust is primarily due to road being unmetalled, we direct State of Uttarakhand, Secretary, Public Works Department to look into this matter and take appropriate steps to make necessary repair etc., of the road so that there may not be any occasion of emission of dust due to plying of vehicles on the road in question.

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We also direct UKPCB to ensure compliance of the conditions of the consent issued to the industrial units, working in the area, and if they find that any particular industrial unit is not complying with conditions of the consent, it must take punitive, preventive and remedial action including assessment of Environmental Compensation (hereinafter referred to as ‘ EC’ ) in accordance with law. The said exercise shall be undertaken by UKPCB within one month and it shall submit a compliance report with the Registrar General of this Tribunal by 15^th October, 2024. If any further order is required, Registrar General shall place the matter before the Tribunal.

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With the above directions, original application is disposed of.

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A copy of this order be forwarded to UKPCB, District Magistrate Udham Singh Nagar and Secretary, PWD, Uttarakhand by email for compliance.

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Sudhir Agarwal, JM

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Dr. Afroz Ahmad, EM

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August 14, 2024 Original Application No. 586/2024 AB

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Samarpal Singhgrewal and Other vs

Case brief

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Samarpal Singhgrewal and Other vs

Case brief

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