Atul Gupta vs State of Uttar Pradesh

Grievance in this application is against failure of the statutory authorities to take action against air pollution by Amarnath Rice Mill, Behraich, U.P., adversely affecting public health. It is alleged that though the State PCB issued notice to the mill on 05.02.2021 mentioning the violations found, followed by further letter dated 28.07.2021, the action has not been finalized and the violations continue.

Vide order dated 04.01.2022, the Tribunal directed the State PCB and District Magistrate, Behraich to look into the matter and file an action taken report.

In pursuance of the above, an action taken report dated 04.04.2022 has been filed acknowledging the violations and mentioning the steps taken to remedy the same as follows:-

“1. In the context of the complaints being made continuously by Mr. Atul Gupta, Resident-Mohalla-Gulami Pura, Azad Road, District Bahraich against the M/s Amarnath Rice Mill, Azad Road District Bahraich, Regional office UP Pollution Control Board Ayodhya has sent notice to the industry vide letter no-854/F50/WC/AC/2020 dated 17.11.2020. A photocopy of the said letter is attached as Annexure-1.

M/s Amarnath Rice Mill, Azad Road, Bahraich submitted a notarized affidavit dated 11.01.2021 to this office (Regional office UPPCB Ayodhya) that the industry would buy land for the new unit by March 2021 and Will shift his unit in a phased manner, for which at least he should be given 01 year time. Also The photocopy of the notarized affidavit is enclosed as Annexure-2.

In the context of the complaint made by the complainant Mr. Atul Gupta, resident of Azad Road district Bahraich against the aforesaid industry, the inspection of the industry was done on 01.02.2021 by the authorized officers/personnel of this office (Regional office UPPCB Ayodhaya). Based on the demerits/non-compliance found during the inspection, notice was sent to the industry by this office's letter no.-1545/Gen. Complaint/Notice/2021 dated 05.02.2021. Inspection report dated 01.02.2021 are attached as 'Annexure-3'.

In the context of complaints being received against the above-mentioned industry, the inspection of the industry was done on 06.03.2021 by the authorized officers of Regional office UPPCB Ayodhya. In view of the facts mentioned in the inspection report of the inspection done on 06.03.2021 of the aforesaid industry, Regional office UPPCB Ayodhya has recommended to take legal action against the industry under the Air (Prevention and Control of Pollution) Act, 1981 via vide letter number-1660/F-50/Gen. sikayat /2021 dated 12.03.2021 to HQ UPPCB Lucknow. The photocopy of the said letter dated 12.03.2021 is attached as 'Annexure-4 and Annexure-5.

In view of the facts mentioned in above letter HQ UPPCB has issued show cause notice against to the aforesaid industry under section-31A of the Air (Prevention and Control of Pollution) Act, 1981 vide letter number-H 61407/C-6/SA-618/Showcause notice/Ayodhya/21 dated 05.04.2021. The photocopy of the said show cause notice dated 05.04.2021 is attached as Annexure-6.

In relation to the again complaint made by the complainant Mr. Atul Gupta, Resident-Mohalla-Gulami Pura, Azad Road, District Bahraich in the office regarding the pollution caused by the operation of the aforesaid industry, the inspection of the industry was done by RO UPPCB Ayodhya on dated 01.01.2022. It was found that unit was in operation. Ambient air monitoring was done by the laboratory of this office at the time of inspection. According to the Ambient air quality monitoring report, the amount of Particulate 'Matter was found to be 315.97 mg/nm3, which was more than the board standards. The photocopy of inspection report dated 01.01.2022 and monitoring report is attached as 'Annexure-7' and 'Annexure-8' respectively.

In view of the facts mentioned in the inspection report on dated 01.01.2022 of the aforesaid industry, Regional office UPPCB Ayodhya was sent letter to industry and instructed to unit has to give its clarification within a week vide letter no.-971/F-50/Notice/2022 dated 17.01.2022. The photocopy of the said letter dated 17.01.2022 is attached as Annexure-9.

The above referred industry did not send its clarification to this office within the stipulated time period with reference to the above letter dated 17.01.2022, due to which consent issued by the State Board's letter no.-95072/UPPCB/Faizabad(UPPCBRO)/CTO/air/BAHRAICH/ 2020 dated 28.05.2020 has been revoked and its information was sent to the industry through vide letter number-1005/F-50/A.C/Revoke/2022 dated 29.01.2022. Photocopy of the said letter dated 29.01.2022 is attached as Annexure-10`.

Regional office UPPCB Ayodhya was sent letter with recommendation to confirm show cause notice (for closure order to the unit) to the HQ UPPCB Lucknow, vide letter No. 1028/F-50/Revoke/2022 dated 31.01.2022.The photocopy of the said letter dated 31.01.2022 is attached as Annexure-11'.

HQ UP Pollution control board, Lucknow has issued closure order under section 31A of the Air (Prevention and Control of Pollution) Act, 1981 (as amended) against the above mentioned industry M/s Amarnath Rice Mill, Azad Road, Bahraich via vide letter no-H 71830/C-6/SA.-618/Closure Order/Ayodhya/21/2022 dated 21.02.2022. The photocopy of the closure order dated 21.02.2022 is attached as Annexure-12.

District Magistrate, Bahraich vide letter number-1123/0A 371/R.P.C. Board/2022 dated 11.03.2022 has formed a joint team in the compliance of closure order dated 21.02.2022 issued by the UPPCB, Lucknow. The photocopy of the said order dated 11.03.2022 is attached as Annexure-13.

M/s Amarnath Rice Mill, Azad Road District Bahraich is also filed a writ petition (writ C 1799 of 2022) in Hon'ble high court, lucknow bench for relief against closure order of unit which is received in this office on dated 29.03.22.

The joint committee constituted by District Magistrate, Bahraich has stopped the operation of M/s Amarnath Rice Mill, Azad Road, Bahraich on 01.04.2022 and the main power line and all the electricity connection supply of the industry has been disconnected by the Electricity Department, Bahraich. Closure compliance report of joint committee is attached as annexure 14.”

In view of the above, the State PCB may take further action for determining liability for past violations, following due process of law.

The application is disposed of.