Disposed

Aman Laddha v. Rajasthan Pollution Control Board

NGT17 Sept 2026Original Application No. 84/2026

Case brief

AI extract

What is this about?

The National Green Tribunal, Bhopal Bench disposed of a public interest litigation alleging illegal operation of tyre retreading units by the applicant. A Joint Committee investigated the sites and verified that no boilers or combustion units were present. The Tribunal accepted the Committee's report, directing the State PCB to enforce recommendations regarding waste management and odor mitigation

What did the court decide?

None granted; application disposed of after accepting the Joint Committee Report.

Aman Laddha vs Rajasthan Pollution Control Board — Environment and Pollution | NGT (2026)

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Item No.03

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BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (Through Video Conferencing)

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Original Application No. 84/2026(CZ)

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IN THE MATTER OF:

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Aman Laddha

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Aged about 35 years, S/o Shri Kailash Chandra Laddha, R/o 92, Vardhman Colony, Street-8, Dist- Bhilwara, Rajasthan-311001

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Applicant(s)

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Versus

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1. Rajasthan State Pollution Control Board, Through its Member Secretary, Head Office: 4, Institutional Area, Jhalana Doongri, Jaipur Respondent No. 01

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2. District Collector, Bhilwara, Office of the District Collector, Collectorate Campus, Bhilwara Respondent No. 02 311001, Rajasthan

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3. Jai Bajrang Tyre Retreading (Unit-1), Through its Owner/Proprietor, Respondent No. 03 Location: Iras Choraha, Kota Road, Bhilwara-311001

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4 Jai Bajrang Tyre Retreading (Unit-2), Through its Owner/Proprietor, Location: NH-79 Near Palna Ji Devnarayan Mandir, Respondent No. 04 Bhilwara - 311001,

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COUNSELS FOR APPLICANT(S):

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Mr. Aman Laddha, in person

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COUNSELS FOR RESPONDENT(S):

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Mr. Rohit Sharma, Adv. for State of Rajasthan Mr. Utkarsh Saxena, Adv. with Mr. Shaurya PS Parihar, Adv. for R-3&4

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O.A. No.84/2026(CZ) Aman Laddha Vs. Rajasthan State PCB & Ors.

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CORAM:

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HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON'BLE MR. SUDHIR KUMAR CHATURVEDI, EXPERT MEMBER

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Date of completion of hearing and reserving of order : 11.09.2026

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Date of uploading of order on website

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JUDGMENT

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The grievance of the applicant are against the alleged illegal and environmentally hazardous operation of two tyre retreading units operating under the name "Jai Bajrang Tyre Retreading" within Bhilwara district. The said units are located at: (1) Iras Choraha, Kota Road, Bhilwara, Rajasthan, and (2) NH-79 near Palna Ji Devnarayan Mandir, Bhilwara, Rajasthan. And the said units are engaged in tyre retreading industrial activity, which typically involves the use of boilers and/or electric vulcanization chambers, heating systems, heavy electricity load, and processing of rubber materials. Such activities are known to generate rubber fumes, smoke, particulate matter, and potentially hazardous emissions, which may adversely affect ambient air quality, public health, and the surrounding residential environment. 2. It is further contended that units are operating without verified statutory environmental permissions, particularly: (a) Consent to Establish (CTE); and (b) Consent to Operate (CTO), as required under the Air (Prevention and Control of Pollution) Act, 1981 and other applicable environmental laws. One of the said units, particularly the unit located at Iras Choraha, appears to be situated in a residential or non-industrial area, thereby raising serious concerns regarding land use violations and zoning regulations.

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O.A. No.84/2026(CZ) Aman Laddha Vs. Rajasthan State PCB & Ors.

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It is further argued that the units were found operating without CTE and CTO and a show cause notice for intended closure was issued under Section 31 A of Air (Prevention & Control of Pollution) Act, 1981 and 33 A of the Water (Prevention & Control of Pollution) Act, 1974.

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The matter was taken into cognizance by this Tribunal and respondent were directed to submit the reply. Reply have been filed. Vide order dated 07.04.2026, a joint committee was constituted with direction to submit the factual and action taken report. The report has been filed.

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We have heard the learned counsel for the parties and perused the record.

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The members of the joint committee visited the site and submitted the report as follows :

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BACKGROUND AND SPECIFIC ISSUES IN THIS MATTER

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O.A. No.84/2026(CZ) Aman Laddha Vs. Rajasthan State PCB & Ors.

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REDRESSAL ASKED BY THE APPLICANT THROUGH WRIT PETITION FROM HON’BLE NGT

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➢ To direct the Respondent Authorities, particularly the RSPCB, to conduct a detailed inspection of the units "Jai Bajrang Tyre Retreading" at (i) Iras Choraha, Bhilwara, and (ii) NH-79 near Palna Ji Devnarayan Mandir, Bhilwara, and submit a report before this Hon'ble Tribunal;

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➢ To direct verification of statutory environmental permissions including CTE and CTO under the Air Act, 1981;

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➢ To direct verification of land use regulations and zoning requirements;

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➢ To direct verification of boiler, electric vulcanization chamber, or any other industrial Machinery and safety compliance;

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➢ To direct verification of electricity load and industrial power connection;

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➢ If units found operating without valid permissions, direct closure of the units in accordance with law;

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➢ To direct recovery of environmental compensation under the Polluter Pays Principle;

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➢ To constitute a Joint Inspection Committee from RSPCB, District Administration and other competent authorities;

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DETAILS OF STATUTORY PERMISSIONS/ PAST ACTIONS TAKEN BY THE RESPONDENTS

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Applicant Sh. Aman Ladhha has register a complaint on Rajasatan Sampark Greivance Redressal portal on dated 13.09.2025, alleging that a tyre retreading company in the name of M/s Jai Bajrang Tyrre Retreading Company, is operating at Kota Road, Iras, Bhilwara and is the root cause for pollution in the nearby residential area.

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O.A. No.84/2026(CZ) Aman Laddha Vs. Rajasthan State PCB & Ors.

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Upon receiving the complaint, official from the Regional Office, Rajasthan Pollution Control Board, Bhilwara, has visited the site mentioned on dated 06.10.2025, to know the contents of the complaints.

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During the course of inspection, official of the State Board observed that the unit mentioned in the complaint, was a unit engaged in the tyre retreading activity onenmmercial basis. Main door of the unit promises was found in locked condition and official could not entered into the premises. However, from the outside a stack was found installed visade within the unit premises and on the basis of the same it was inferred that, unit might have installed a boller within the unit and stack, which was visible from the outside was connected to the boiler.

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Upon inquiring to the project proponent on telephone on the details as mentioned outside the unit, he confinned that retreading activity was going on at the site. However, it has been informed by the PP that the same will be closed down soon, due to family problemss However, he was directed by the official, to inform the office after removal of plant and machinery.

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As per the observations made during inspection, it was inferred that unit was in operation without obtaining prior consent to establish/operate from state boand, as assumed by the inspection that unit has installed boiler and covered under ambit of consent as per State Boards categorization dated 02.06.2001.

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On the basis of observations made during the course of inspection, show cause notice hai been issued for intended closure directions under relevant sections of Air and/or Water Acts vide letter dated 10.10.21025.

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Project Proponent on dated 13.10, 2025 has informed the inspecting official telephonically, that they have removed the boiler installed within the premises.

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In order to verify the claim made by the IT, unit was again inspected by the Board Official on 14.10.2025 and during the course of inspection following observations were made a. Unit was found unlocked unlike last inspection dated 06.10.2026. b. No retreading activity was going on at the premises. However, machines like compressor, mixer, press machine etc. was found placed in the unit promises

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c. Boiler was found dismantled from the site.

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PP was directed by the inspecting official during the course of inspection to obtain prior permission from the State Board, in case of installation any plant and machinery in future, which may be consider as source of emission.

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As no retreading activity was observed and all machines were not in operation during the inspection dated 14.10.3025, no action has been taken against the unit by the Rajasthan State Pollution Control Board

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O.A. No.84/2026(CZ) Aman Laddha Vs. Rajasthan State PCB & Ors.

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Further, vide e mail dated 16.11.2025 and 19.11.2025, complainant Sh. Aman Ladhha again made allegations that unit M/s Jai Bajrang Tyre Retreading located at Iras, Kota Road is in operation and also made a claim that, another unit in the same name Le M/s Jai Bajrang Tyre Retreading but different location at Paalna Near Devnarayan Temple was also engaged in same activity with the boiler.

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In order to verify the claim made by the complainant in these e mails, unit located at Pras, Kota road i.e. M/s Jai Bajrang Tyre Retreading, was again inspected by the Board official on dated 19.11.2025 and claim made by the complainant was found baseless as no boiler was found installed at this unit. Findings made by the inspecting official on dated 19.11.2025 at Iras Road unit are as under:-

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a. No boiler was found installed at the unit premises, as claimed by the complainant.

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b. During the course of visit, unit was found non-operational and no retreading activity was found going on at the site. All machineries were found in non-operational state.

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c. PP was again directed by the official to not to install any source of emission including boiler without prior permission from the State Board.

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As alleged by the complainant in its e mail dated 19.11.2025, another unit located at NH-79, Paalna Ji, Near Dev Narayan Temple was also inspected by the Board Official on 19.11.2025 itself.

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During the course of inspection, following observations were made at unit located at NH- 79, Paalna Road, Near Devnarayan Temple on dated 19.11.2025 :-

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a. Unit was found non-operational during the course of inspection

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b. No boiler was found installed at this unit too.

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c. Project Proponent, the unit owner, informed that unit has been closed for the last 2-3 months.

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d. PP has also informed that presently only tyre trading activity is being carried out in the unit and no retreading activity is being conducted.

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Complainant Sh. Aman Laddha, gain vide e mail dated 24.02.2026, copy of which is annexed herewith as Annexure R-10, has made an allegation that, both the units are still in operation and alleged that finding as reported in earlier inspection reports are baseless.

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In order to re-verify the claim made by the complainant, it has been decided by the State Board to re inspect both the units in presence of the complainant. In order to do the same, complainant was contacted telephonically by the inspecting official. However, complainant neither attended the call nor made a call back to the inspecting officer. Further, both the units were again re inspected by the Board Official on dated 06.03.2026. During the course of inspection, it has been observed that,

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unit, M/s Jai Bajrang Tyre Retreading located at NH-79, Paalnaji, Near Dev Narayan Mandir, was found closed.

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Another unit in the same name i.e. M/s Jai Bajrang Tyre Retreading located at Iras Circle, Kota Road, Bhilwara was found operational. Observations made by the inspecting officer at this unit, on dated 06.03.2026 are as under :-

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a. Unit was found engaged in cold tyre retreading activity.

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b. This activity was being carried out with the help of Tyre Buffing Machine and Cold curing Chambers, better known as electric chambers.

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c. No other activity as alleged by the complainant like, hot vulcanization using vulcanizing press, boiler, steam generation was going on or installed at the unit premises.

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It is worth to mention here that, State Board vide in order dated 30.01.2006, copy of which is annexed herewith this report as Annexure IR-12, has classified Tyre Retrading activites under White Category of Industries, located at S.No. 148 and are exempted to obtain consent from the State Board, effective from 01.02.2026. However, prior in this unit has covered under Groen Category Industry at S.No 75 and was mandated to obtain consent/acknowledgment from the State Board.

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SITE OBSERVATIONS OF COMMITTEE

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A joint visit of the committee members along with Other Officials of Revenue Department, Central Pollution Control Board, Bhopal and Rajasthan Pollution Control Board, Bhilwara was carried out on dated 06.115.2025. Applicant was also tried to contact to mark his presence during the course of visit of the joint committee. He assured to attend the visit however, during the course of complete visit, be did not joined the committee members to make his points.

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Mandate of the committee was decided to address the various issues raised by the applicant into Its writ petition along with status of remedies he sought by the Hon'ble NGT

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Joint Committee members has decided to first inspect the unit located at Iras Circle, Kota Road in the name of M/s Jai Bajraing Tyre Retreading followed by another unit located at NH-79 Paalna, Near Devnarayan temple.

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A. M/s Jai Bajrang Tyre Retreading, Iras Choraya, Kota Road, Bhilwara.

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Unit was found non-operational during the course of inspection of the committee. However, during the course of inspection following machineries have been found installed at the site:-

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a. Electric chambers for curing-02 Nos.

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b. Tyre Buffing and Grinding Machine-01 No

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Unit is engaged in tyre buffing activity followed by curing through electric chamber. Used tyres are collected from transporters/fleet operators. Worn tread is removed using buffing machines. Minor cuts and injuries repaired using repair gum/rubber compounds. Waste i.e. Churi generated from buffing activities is being stored in the unit. Upon inquiring, PP has informed the committee members that, this churi is

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being sell out to tyre pyrolysis plants. However, unit has failed to provide any record of the same.

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No other source of air or water emission was observed at the site by the committee members, as no source of flue gas generation and process emission existed. Committee members observed that, though no emission source has been installed by the unit. However, a smell was observed within the unit, which may be due to the curing activity of tyres. PP was directed to adopt suitable measures to mitigate the same, during regular operation of the unit.

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Other documentary compliances observed by the committee

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a. Unit has obtained Udyam Registration certificate, duly issued by District Industries Centre, Bhilwara dated 14.10.2025, under the head “other professional scientific and technical activities”. As per the details mentioned on this certificate, unit is in operation since 29.07.2020.

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b. GST Registration Certificate dated 29.07.2020.

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c. The unit is engaged in tyre retreading activities. As per the Hazardous & Other Wastes(Management and Transboundry Movement) Amendment Rules,2022 and Hazardous & Other Wastes(Management and Transboundry Movement) Amendment Rules,2024, every tyre retreader is required to obtain registration on the CPCB waste tyre EPR Portal and maintaining the record as per rule and filing the return. During the joint inspection, it was observed that the unit had failed to obtain the mandatory registration under the Waste Tyre EPR framework. The Project Proponent could not furnish the EPR Registration details during the inspection.

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B. M/s Shri Balaji Tyre Retreading(Old Name – M/s Jai Bajrang Tyre Retreading), NH-79, Paalnaji, Near Dev Narayan Mandir, Bhilwara

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This unit was also found non operative during the course of inspection. Two Curing Chambers were found at the site. However, same were not connected to any source of supply such as electricity and/or steam. Other than these machines, no other plant and machinery was found installed by the unit at the site, which can be a probable source of air and/or water emission, which is being used for carrying tyre retreading activities. As per the Udyam Registration of this unit, issued by Department of Industries, issued vide letter dated 17.11.2025, unit is under commercial production since 01.01.2019.

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➢ REGARDING TITLE OF LAND: - Applicant into its writ petition has made an allegations that the unit located at Iras Choraha is situated within or near a residential locality which raises additional concerns regarding land use compliance and environmental safety. It has also been alleged that, the operation of industrial activity involving hazardous chemicals, boiler/electric vulcanization chamber, rubber fumes and smoke in a residential area poses serious risk to health and safety of nearby residents.

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In reference to which it has been informed by the SDM, Bhilwara , that unit located at Iras Chauraha , Kota Road,

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Bhilwara ,in the name of M/s Jai Bajrang Tyre Retreading is established at Khasra No. 3123/2 having land area 0.6449 and title of the land is “Banjar” as par khatedari record. Also another unit, located at NH-79, Paalnaji, Near Dev Narayan Mandir, Bhilwara, in the name of M/s Shri Balaji Tyre Retreading, is established at Khasra Number 492/3, having land area 0.5690 Hectare, and title is also “Banjar” as per records provided to the joint committee. Copy of the Khatedari records are enclosed as Annexure – R -15 and 16. As per the Revenue Department, this title ”Banjar” comes under the Agricultural Land and as per the Rajasthan Land Revenue Laws and its subsequent amendments, no commercial/industrial activity is permissible to operate on this land.

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CONCLUSIONS OF THE COMMITTEE:-

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The Joint Committee examined all allegations raised by the applicant regarding the alleged illegal and environmentally hazardous operation of two tyre retreading units operating under the names M/s Jai Bajrang Tyre Retreading, Iras Choraha, Kota Road, Bhilwara and M/s Shri Balaji Tyre Retreading, NH-79, Paalnaji, Bhilwara. The Committee also reviewed previous inspection reports, correspondence, complaints made by the applicant and the remedial actions undertaken by the Rajasthan State Pollution Control Board.

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With regard to the allegation that both units were operating with boilers, hot vulcanization systems and other emission generating equipment without obtaining statutory environmental permissions, the Joint Committee observed that no boiler, steam generation system, hot vulcanization press or any other combustion-based emission source was found installed at either of the units during the joint inspection. Previous inspections conducted by the Rajasthan State Pollution Control Board on different dates boiler was found installed at M/s Jai bajrang Tyre Reteading , located at Iras Chauraha , Kota Road on 06.10.2025. However, after issuance of Show Cause Notice by the State Board on dated 10.10.2025, latter unit has removed the boiler and verified by officials of State Board on dated 14.10.2025. However, at M/s Jai Bajrang Tyre Retreading Centre, located at NH 79-, Paalnaji, Near Dev Narayan Temple, Bhilwara, no boiler was found installed at any time during the course of previous inspections.

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Also, committee members were also not found and boiler at any of the units during the join.

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The unit located at Iras Choraha was found equipped with tyre buffing machinery and electric curing chamber used for cold retreading operations. The Committee observed that such activity does not involve combustion processes and no source of significant air or water pollution was found operational at the site during inspection.

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The second unit located at NH-79, Paalnaji was found nonoperational. Two Curing Chambers were found at the site. However, same were not connected to any source of supply such as electricity and/or steam. Other than these machines no other plant and machinery was found installed by the unit at the site, which can be a probable source of air and/or water emission, which is being used for carrying tyre retreading activities.

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The allegation that both units were operating without obtaining Consent to Establish (CTE) and Consent to Operate (CTO) was examined. The Committee observed that Rajasthan State Pollution Control Board has classified Tyre Retreading Activities under White Category vide order dated 30.01.2026,effective from 01.02.2026, issued in synchronization with Central Pollution Control Board revised categorization dated 21.01.2026 and such activities are exempted from obtaining consent under the Air Act and Water Act. Therefore, the allegation regarding operation without consent permissions does not survive in the present factual circumstances. However, prior to this unit has covered under Green Category Industry at S.No 75 as per categorization order dated 02.06.2020 and was mandated to obtain consent/acknowledgment from the State Board. Rajasthan State Pollution Control Board shall initiate action, which may include the imposition of Environmental Compensation against the unit M/s Jai Bajrang Tyre Retreading , located at Iras Chauraha, Kota Road, Bhilwara for operation of unit from 06.10.2025(date of first inspection, where boiler was observed) to 14.10.2025(Date of verification of removal of Boiler), without prior permission of the Board.

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The allegation regarding substantial air pollution, smoke emission and environmental degradation due to boiler operation could not be substantiated during the inspection. No visible emissions, smoke generation, combustion activity or wastewater discharge was observed by the Committee.

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However, during inspection of the unit, M/s Jai Bajrang Tyre Retreading, Iras Chauraha, Kota Road, Bhilwara, the Committee observed generation of tyre buffing waste (rubber churi). The Project Proponent informed that the waste is being sold to tyre pyrolysis facilities. However, documentary evidence regarding collection, storage, transportation and final disposal/recycling of such waste could not be produced before the Committee. It is recommended by the Committee to direct Rajasthan Pollution Control Board, to issue show cause notice to unit, directing to maintain record of the same.

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1. The Committee also observed the presence of odor within the premises of the Iras Chauraha unit, which may be attributable to tyre curing operations and storage of rubber materials. Although no major pollution sources either of Air or of Water were identified, by the committee members.

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The Committee further observed that the Project Proponent failed to furnish details regarding registration under the Extended Producer Responsibility (EPR) framework applicable to tyre retreading activities as mandated by CPCB guidelines and the applicable provisions of the Hazardous and Other Wastes/Used Tyre

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management framework. As such unit may be directed to get the registration done under EPR Regime and submit a copy of the same to the competent authorities.

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With regard to the allegation that the unit at Iras Choraha is situated within a residential area and is violating land use norms, the Revenue Department representative i.e. SDM Bhilwara, who was also a part of the Joint Committee, informed that the land on which the unit is established is recorded as "Banjar" land in revenue records. As per the Revenue Department, this title ”Banjar” comes under the Agricultural Land and as per the Revenue Laws and its subsequent amendments, no commercial/industrial activity is permissible to operate on this land.

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The Committee also notes that the applicant was informed regarding the joint inspection and was requested to remain present during the site visit. However, the applicant did not participate during the course of inspection to substantiate the allegations raised in the Original Application.

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Based on the records examined, field verification carried out by the Joint Committee and previous inspections conducted by regulatory authorities, most of the allegations relating to operation of boilers, unauthorized hot vulcanization activity, significant air pollution and operation of both units without environmental permissions could not be substantiated during the investigation.

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Nevertheless, certain deficiencies relating to waste management documentation, EPR compliance and absence of oder control measures were observed, which require corrective action by the Project Proponent

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RECOMMENDATIONS OF THE JOINT COMMITTEE

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M/s Jai Bajrang Tvre Retreading, Iras Choraha, Bhilwara shall maintain complete records regarding generation, storage, transportation and disposal/recycling of tyre buffing waste (rubber churi) and shall ensure that the waste is handed over only to authorized recyclers, registered tyre pyrolysis units or other entities authorized under applicable environmental regulations.

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The Project Proponent shall obtain and maintain compliance under the applicable Extended Producer Responsibility (EPR) framework prescribed by CPCB and furnish documentary evidence thereof to Rajasthan State Pollution Control Board within a stipulated period of 30 days.

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The unit shall implement suitable housekeeping, ventilation and odour mitigation measures within the premises to minimize nuisance caused by tyre curing operations and storage of rubber materials.

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Rajasthan State Pollution Control Board shall conduct a follow-up inspection within six months to verify compliance of the directions

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relating to EPR registration, waste management records and odour mitigation measures.

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Rajasthan State Pollution Control Board shall initiate action, which may include the imposition of Environmental Compensation against the unit M/s Jai Bajrang Tyre Retreading, located at Iras Chauraha, Kota Road. Bhilwara for operation of unit from 06.10.2025(date of first inspection, where boiler was observed) to 14.10.2025(Date of verification of removal of Boiler), without prior permission of the Board.

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In the event that any future inspection reveals installation of boilers, hot vulcanization systems or any additional emission generating process requiring statutory permissions. the Project Proponent shall obtain all applicable approvals from the competent authorities prior to commencement of such activities.

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The District Administration and Rajasthan State Pollution Control Board may continue periodic surveillance of the unit to ensure that the nature of activity remains within the scope of the White Category classification and does not result in environmental pollution.

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As both the units are carrying out commercial/industrial activities at Agricultural Land without prior conversion/permission from Revenue department, as such Revenue Department/Urban Improvement Trust (UIT), Bhilwara may be directed to initiate action against both the units as per Revenue Laws.”

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Rajasthan State Pollution Control vide order dated 30.01.2026, which shall come into force from 01.02.2026 categorized the units and at sl. No. 148 a Tyre Retreaders are categorized as white category industries.

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Submission of the learned counsel for the respondent no. 3 & 4 are that the units were non-operational and following the applicable statutory procedure including obtaining the requisite MSME registration and Acknowledgement certificate. The respondent under took only cold tyreretreading activity through electric curing chambers, in accordance with the applicable regulatory framework.

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The members of the State Pollution Control Board visited the unit and during the inspection dated 06.03.2026, the Iras unit was found engaged in cold tyre-retreading activity, and the inspecting officer specifically recorded that the activity was being undertaken with the

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help of a tyre-buffing machine and cold curing chambers, better known as electric chambers. The inspection further expressly records that no activity such as hot vulcanization using a vulcanizing press, boiler or steam generation was going on or installed at the unit premises and that the present activity falls under the White Category which by itself proves that the activity comes under the category of industrial sectors that generate negligible or virtually no pollution, possessing a Pollution Index (PI) score of up to 25. That the Joint Committee itself, during its inspection, found at the Iras premises two electric chambers for curing and one tyre-buffing and grinding machine. The Committee recorded that the activity involved tyre buffing followed by curing through an electric chamber and further recorded that no other source of air or water emission was observed at the site, as no source of flue-gas generation and process emission existed. The Joint Committee noticed some odour within the Iras unit, which it stated "may" be attributable to tyre-curing operations and storage of rubber materials, it also recorded that no major source of air or water pollution was found. Further, in compliance with the directions of the competent authorities and with a view to minimizing any possible dust or odour impact. the Respondents have installed dust-collection system at the premises. The unit also possesses exhaust fans to ensure ventilation. There is no scientific or documentary material on record establishing quantified air pollution, quantified water pollution, discharge of untreated industrial effluent, contamination of soil or groundwater, continuing smoke or combustion emissions, or any measurable environmental damage attributable to the Respondents' present activity. There is equally no material identifying any particular resident as having suffered environmental or health injury attributable to the Respondents'

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operation. The regulatory regime concerning the compliance mechanism has subsequently undergone a material change. The Rajasthan State Pollution Control Board, vide order dated 30.01.2026, has classified tyre-retreading activities under the White Category, effective from 01.02.2026. in synchronization with the revised CPCB categorization dated 21.01.2026. The Joint Committee has expressly recorded that activities falling under the said classification are exempt from obtaining consent under the Air Act and the Water Act.

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Both Respondent enterprises are duly registered as MSMEs have obtained Udyam Registrations as well as Acknowledgement Certificates under the Rajasthan MSME Act. The Udyam Registration of Jai Bajrang Tyre Retreading was obtained 14.10.2025 and that of Shri Balaji Tyre Retreading on 17.11.2025, while the Acknowledgement Certificates were issued on 19.01.2026 and 22.08.2026 respectively. In terms of Sections 5 and 6 of the Rajasthan MSME Act, the Acknowledgement Certificate has the effect of an approval for a period of five years, subject to the statutory exceptions. Accordingly, any requirement of obtaining a separate approval, permission or consent under the applicable laws stands duly protected during the subsistence of the Acknowledgement Certificate and cannot be made the basis for alleging non-compliance against the Respondents.

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In view of the aforesaid subsequent White Category classification, coupled with the statutory protection available to the Respondent enterprises under the Rajasthan MSME Act. the allegation of noncompliance for want of CTE/CTO does not survive in respect of the presently permissible tyre-retreading activity. The Committee itself therefore concludes that the allegation regarding operation without

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consent permission does not survive in the present factual circumstances.

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It is further argued that the Applicant is not a resident of the immediate locality and despite the serious allegations of continuing nuisance and pollution made by him, no contemporaneous complaint from any affected resident demonstrating actual air or water pollution or health impact has been brought on record.

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The Respondents are small entrepreneurs carrying on an extremely modest tyre-retreading business and fall within the framework of Micro. Small and Medium Enterprises. The Udyam Registration documents of the concerned units form part of the record, and the Joint Committee itself records that the units possess Udyam Registration certificates issued through the competent mechanism.

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Learned counsel for the State PCB Rajasthan has submitted that with

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respect to the allegation of the complainant that the unit M/s Jai Bajrang Tyre Retreading, Iras Chauraha, Bhilwara is operating valid without Consent To Establish and Consent To Operate, it is stated that the Tyre Retreading activity has been categorized under white category by Rajasthan State Pollution Control Board vide order dated 30.01.2026 (effective from 01.02.2026) in synchronization with Central Pollution Control Board Revised Categorization dated 21.01.2026. Thus, the not warrant the present activity does Consent to Establish and Consent to Operate from the State Pollution Control Board, Further, prior to 01.02.2026, the unit was found engaged in tyre retreading activity using boiler (Hot Tyre Retreading), which was previously covered under consent mechanism and was therefore required to obtain prior permission from the State. Board. However, unit has failed to obtain the same. Accordingly, in compliance with the

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O.A. No.84/2026(CZ) Aman Laddha Vs. Rajasthan State PCB & Ors.

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recommendations of the Joint Committee, a show cause notice for intended imposition of Environmental Compensation has as been issued by this office to one unit i.e. M/s Jai Bajrang Tyre Retreading, Iras Chauraha, Bhilwara vide this office letter dated 07.07.2026, for the period of поп-compliance from 06.10.2025 to 14.10.2025, boiler during which the unit operated a without obtaining prior permission/consent from the Rajasthan State Pollution Control Board. Thereafter, the boiler was dismantled by the unit.

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That after dismantling the boiler from the premises, and as verified inspection dated through 14.10.2025 by the officials of the State Board, M/s Jai Bajrang Tyre Retreading Activity located at Iraa Chauraha, Bhilwara started Cold Tyre Retreading activity, which was covered under the White Category, through notification dated 30.01.2026, and was exempted from obtaining consent under the Air Act, 1981 and the Water Act, 1974. Further, another unit in the name i.e. M/s Jai Bajrang Tyre Retreading located at NH-79, Paalana Road, near Devnarayan Temple, was also inspected by the Board on 19.11.2025. During inspection, this unit was found non-operational and no boiler or other machinery was found installed and operative at the premises, as such doesn't warrant to obtain any prior permission from the State Board.

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It is further argued that State Board has now revised its categorization vide order dated 31.07.2026 and as per S.No 132 of the new categorization, it has been mentioned that any unit engaged in "Tyre and Tubes Vulcanization /Hot Tyre Retreading" activities in categorized under "Orange Category". As per the findings of the Joint Committee, as both the units as mentioned in this case are engaged in Cold Tyre Retreading Activity, which is nowhere mentioned in the new categorization order, cannot be covered under Orange Category. That,

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O.A. No.84/2026(CZ) Aman Laddha Vs. Rajasthan State PCB & Ors.

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as per Government of Rajasthan Gazette Notification dated 11.08.2025, Tyre Retreading is categorized under White Category at Serial Number 739 and mentioned under point number 3 of this affidavit, such units are exempted from obtaining consent to establish and/or operate from State Board. That, with respect to the allegation regarding operations involving boilers, electric vulcanization chambers and emission of rubber fumes posing serious risk to air quality, public health and environment, it was observed during the inspection that no boiler, steam generation system, hot vulcanization press or any combustionbased emission source was found installed at either of the two units. The unit located at Iras Choraha was found equipped only with tyre buffing machinery and electric curing chambers used for tyre which does not involve retreading, combustion processes. No significant source of air or water pollution, visible smoke, wastewater discharge or combustion activity was observed. Also, no such activity involving boiler/vulcanization etc was observed at unit located at NIH-79, Paalnaji, Near Bhilwara. Dev Narayan Temple, Bhilwara.

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With respect to the allegation made by the petitioner that, of one of the unit M/s Jai Bajrang Tyre Retreading located Iras Chouraha operating in residential area violating land 050 regulations, it is submitted that the unit namely M/s Jai Bajrang Tyre Retreading, Iras Choraha, Kota Road, Bhilwara is established on Khasra No. 3123/2, recorded as "Banjar" land in the revenue records. Similarly, another unit with name M/s Shri Balaji Tyre Retreading (Old Name- Jai Bajrang Tyre Retreading), NH-79, Paalnaji, Bhilwara is established on Khasra No. 492/3, is also recorded as "Banjar" land. As per the Revenue Rules, "Banjar" land falls under agricultural land, and commercial/industrial activities are not permissible on such land and subsequent action has

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been the initiated by the Revenue Department, Bhilwara against both these units, Action in this regard has already been initiated by Revenue department. With respect to the contentions of the Petitioner regarding repeated complaints being made and inaction on the part of the authorities, it is categorically submitted that every complaint received from the Petitioner was acted upon promptly by the Rajasthan Pollution Control Board. Inspections were carried out on 06.10.2025, 14.10.2025, 19.11.2025 (both units), 06.03.2026, the Joint followed by the Joint Committee inspection on 06.05.2026. A show cause notice for intended closure was issued on 10.10.2025, boiler removal was verified on 14.10.2025, repeated Inspections were conducted оп subsequent complaints and Committee submitted detailed findings and recommendations. Further, as soon as it has come to the notice of Revenue Department that such activities are been operative at "Banjar Land", Revenue Department initiated action against both these units. Therefore, continuous regulatory action is been taken by the authorities.

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The learned counsel for the project proponent has submitted that dust collector and exhaust have been planted in light of the suggestions recommended by the joint committee.

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Major thrust of the learned counsel for the applicant are compliance of the Rajasthan Land Revenue (conversion of agriculture land for nonagricultural purposes in rural area Rule, 2007) but the said rule is not withing the domain of this Tribunal. If the applicant has any grievance with regard to the master plan or conversion order or the revenue determination of the land particularly Section 177 of the Act (Rajasthan Land Revenue Act) the same may be filed before the competent forum/revenue courts challenging the above order. So far as the

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violations as enumerated by the joint committee, we accept the report of the joint committee and direct the State PCB to strictly enforce the recommendation of the committee.

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We further direct that the waste of the unit must be handed over only to the authorized recycler, registered tyre pyrolysis units, authorized dealer and project proponent shall obtain and maintain compliance under the applicable standard producer responsibility prescribed by the Central Pollution Control Board and State Pollution Control Board. Suitable house breaking, ventilation and odour mitigations measures within the premises to minimize nuisance caused by tyre curing operation and storage of rubber material must be taken by Tyre retreading units without fail. The Rajasthan State Pollution Control Board is directed to periodically monitor the operation and to ensure the compliance of environmental norms.

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With these observations and direction, the original application no. 84/2026 (CZ) stands disposed of.

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Sheo Kumar Singh, JM

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Sudhir Kumar Chaturvedi, EM

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17^th September, 2026, Original Application No.84/2026(CZ) K

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O.A. No.84/2026(CZ) Aman Laddha Vs. Rajasthan State PCB & Ors.

Aman Laddha v. Rajasthan Pollution Control Board

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Aman Laddha v. Rajasthan Pollution Control Board

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