Disposed

Misc Application in disposed of cases No. 55/2025 in Original Application No. 89/2023 of G Arun vs

NGT8 May 2025Misc Application in disposed of cases No. 55/2025 in Original Application No. 89/2023

Case brief

AI extract

What is this about?

The Tribunal disposed of the application by directing the Karnataka State Pollution Control Board to complete the investigation into alleged air pollution violations by a jaggery unit, report any breaches, and suggest remedial measures within six months.

What did the court decide?

Directed KS PCB to complete process, report violations if any, and pass appropriate order with hearings within six months.

Misc Application in disposed of cases No. 55/2025 in… — Environment and Pollution | NGT (2025)

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Item No. 18 Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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M.A. No. 55/2025

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In Original Application No.89/2023

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G. Arun Applicant

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Versus

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State of Karnataka & Ors. Respondent(s)

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Date of hearing: 08.05.2025

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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ORDER

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This MA has been registered on the basis of the direction issued on 03.03.2023 by the Tribunal in OA No. 89/2023.

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The OA was registered on the basis of the letter petition making a complaint against jaggery industrial unit, Sy. No. 105, owned by M/s K. Shivana s/o Chandgal Kempanna, Chinnenahalli village, K. Shettahalli Hobli, M. Shettahalli Post, Srirangapatna Taluk, Mandya District. The allegation was that the unit was causing air pollution.

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The Tribunal by order dated 03.03.2023 had disposed of the OA by constituting a joint Committee comprising KS PCB and District Magistrate, Mandya and directing the Committee to look into the complaint, visit the site, collect relevant information and if found necessary take appropriate remedial action. In terms of the direction of the Tribunal the report has been filed on 27.06.2024. The observation of the joint Committee in the said report is as under:-

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“During joint inspection on 29-05-2023, the following observations were made.

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1. The unit was not in operation.

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2. The unit has 2 Nos. of sugar cane crusher, 4 Nos. of Boiling Pans, 2 exhaust fan, Bagasse Drier of capacity 10 Tons/ day with chimney of 50 feet height Above Ground Level. But port hole and plat form are not provided to the chimney.

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3. The jaggery unit have obtained consent to operate 25 KVA D.G. set. But during inspection it was noticed that, same has been dismantled.

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4. The shed housing all the above equipments has netlon mesh towards north side of the unit.

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5. The ash generated during operation of the jaggery unit will be collected in the concrete pit of size 8.0X10 feet.

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6. Washing of the pans are collected in concrete tank at the ground level and the same will be utilized for their own agricultural land.

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7. The Jaggery unit was established during 1984. Now the jaggery unit is surrounded by residential houses, small temple and Water purification unit (RO Plant) within the radius of 500mts. The google map is enclosed for kind reference.

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8. The house of complainant Sri. Arun, S/o. Late Gurukarchannappa, Chinnenhalli, Subbanakuppe Panchyath, M.Shettihalli Post, Sirangapatna Taluk, Mandy District is within 100mts. from the jaggery unit. The latitude and longitude of the complainant house is E-12.47546 N-76.72861.

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9. As per the Hon'ble Lokayaktha and Hon'ble NGT the stack monitoring can be conducted once power supply is restored and porthole and plat farms are provided the chimney.

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10. During inspection the jaggery unit authority requested the officers for 45 days (One & half month) to provide porthole and platform to the chimney attached to the Drier. Hence, the monitoring could not be carried out.

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11. The photographs taken during inspection and request letter of Jaggery authority are enclosed for kind perusal.”

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The report further observed that only after the porthole and platform are provided, the stack monitoring can be conducted before taking any other decisions.

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Hence, we dispose of the MA directing the KS PCB to complete the process and in case of violation, supply the relevant material concerning the violations of the environmental norms to the offending unit and after giving opportunity of hearing pass an appropriate reasoned speaking order containing punitive and remedial measures. Let this exercise be completed by the KS PCB within six months.

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

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Prakash Shrivastava, CP

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Dr. A. Senthil Vel, EM

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Dr. Afroz Ahmad, EM

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May 08, 2025 M.A. No. 55/2025 in OA No.89/2023 A

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Misc Application in disposed of cases No. 55/2025 in Original Application No. 89/2023 of G Arun vs

Case brief

What is this about?

What did the court decide?

Misc Application in disposed of cases No. 55/2025 in Original Application No. 89/2023 of G Arun vs

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Coram

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