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Judgment
Proceedings in this matter were initiated on the basis of a letter of the applicant stating that 16 stone crushers were operating in District Nainital, Uttarakhand against environmental norms.
Procedural History
Vide order dated 27.05.2022, the Tribunal directed verification of the allegation by a joint Committee of State PCB and District Magistrate, Nainital and to furnish a report to this Tribunal. Accordingly, a report was filed on 03.10.2022 by the State PCB to the effect that out of sixteen units in question, seven were non-compliant, eight had not yet established though they have obtained NOC from the State and one had not even obtained NOC. Non-compliant units were given show cause notice for closure and levy of compensation. Eight stone crushers who had obtained NOC were directed not to establish the same without Consent to Establish.
Considering the said report, vide order dated 18.10.2022, the Tribunal directed impleading the 16 stone crushers as party and issued notice to them to file their response, if any. State PCB was also directed to file further response. State PCB filed reply dated 07.02.2022 to the effect that seven non-compliant units had since rectified their shortcomings and were now compliant. For past violations, compensation was to be proposed.
The matter was further considered on 08.02.2023. Since the State PCB had failed to give all the information in terms of order dated 18.10.2022, further affidavit was directed to be filed. Further affidavit was filed by the State PCB on 25.03.2023 giving the requisite information and further stating that proceedings were also pending before the Uttarakhand High Court in W.P. (PIL) No. 168/2019. State PCB is taking necessary regulatory measures. Status of stone crushers was placed on the website of Uttarakhand PCB, as per orders of this Tribunal.
The matter was last considered on 28.03.2023. The Tribunal noted that while seven units were declared compliant, material in support of the compliance had not been filed. Accordingly, the Tribunal constituted another Committee to verify facts.
Today’s proceedings
In above background, matter has been put up today in view of I.A. no. 427/2023 filed by six out of seven stone crushers, declared by the PCB to be now compliant, alongwith their reply.
We have heard learned Counsel for the parties and perused the record.
Learned Counsel for the units in the IA and State PCB submit that since the said units are compliant, no re-verification is required in absence of any material to the contrary. Non-compliance earlier alleged, as per State PCB notice, was not providing interlocking, adequate height of DG sets and plantations. Violations with regard to interlocking and DG sets heights were rectified immediately. With regard to green belt, the defaulting unit in question had since provided the remaining layers. Thus, all the units were now compliant. The compliance status has been filed as Annexures A1 to A6 to the IA covering M/s Ashok Stone Crusher, M/s Pannu Stone Crusher, M/s Mahabali Stone Crusher, M/s New Ramnagar Stone Crusher, M/s AV Natural Pvt. Ltd. and M/s Guru Har Rai as follows:-
“Annexure A1
NAME OF THE UNIT-M/S ASHOK STONE CRUSHER-
SL.
No.
OBJECTION IN THE INSPECTION REPORT
OBJECTION IN THE NOTICE DATED 27.08.2022
STATUS OF COMPLIANCE AS ON 14.03.2023
1.
No green belt in three layers as per the policy is found around the plant, it is in one layer.
The unit has not developed a green belt as per the policy of the State
Three Layers on the West and South Side. The East Side has cottages for workers and the east size has an access ramp and hence on these two sides due to obstruction development of a green belt is not possible.
2.
Lack of interlocking of the manufacturing and the emission control system
Lack of interlocking of the manufacturing and the emission control system
Interlocking system has now been installed and made active.
3.
no such observation in the report
The unit has not obtained ground water abstraction permission
The inspection report itself states that the unit does not have a ground water point, and instead uses a metered connection from the state Water Resources and Irrigation department, hence no question of ground water use comes into picture.
4.
no such observation in
the report
The stack height of the DG Set is less than the norms
The unit does not have DG Set and therefore the question of a stack is irrelevant. The inspection also finds that no DG is installed in the unit.
5.
no such observation in the report
The raw material was stacked in excess height
No such observation in the inspection report.
Annexure A2
NAME OF THE UNIT-M/S NEW RAMNAGAR STONE CRUSHER
SL.
No.
OBJECTION IN THE INSPECTION REPORT
OBJECTION IN THE NOTICE DATED 27.08.2022
STATUS OF COMPLIANCE AS ON 14.03.2023
1.
Only one layer of green belt is found around the Plant
The green belt as per the policy has not been developed.
The green belt as per the policy has been developed and the trees have been planted in three layers. While two layers are tall trees with good foliage, one layer is of new trees.
2.
The raw material was stacked higher than wall, however penalty of Rs. 2 Lakhs has been imposed upon the unit and the same has been recovered
Stocking of minor mineral was higher than the wind breaking wall.
The fine for the same has been made and the unit is not stocking material higher than the breaking wall height.
3.
Lack of interlocking of the manufacturing and the emission control system
Lack of interlocking of the manufacturing and the emission control system
The interlocking system has been installed and the entire system and conveyor belts are covered with tin sheets.
4.
Stack height of the DG Set is less than the prescribed norms
No such observation
Stack height of 20 feet has been provided by the unit now.
5.
No such observation
The unit is using ground water without permission of the Ground water authority
The unit does not use ground water, the unit as a water connection from the Water Resources and Irrigation Department
6.
No such observation
The unit has not provided wind breaking wall as per the policy of the State
The unit has a wind breaking wall as per the policy and the height is at present 10 feet.
Annexure A3
NAME OF THE UNIT-M/S PANNU STONE CRUSHER
SL.
No.
OBJECTION IN THE INSPECTION REPORT
OBJECTION IN THE NOTICE DATED 27.08.2022
STATUS OF COMPLIANCE AS ON 14.03.2023
1.
Though tamper proof water meter is found on the tubewell permission of the Ground Water Authority and Log Book was not available
permission of the Ground Water Authority and Log Book was not available
Consent from Ground water authority was taken on 31.07.2022 and appropriate log book is being maintained.
2.
No green belt in three layers as per the policy is found around the plant, though one layer is present
No green belt in three layers as per the policy is found
On west side there is a paddy field of third party and hence only 1 layer is planted outside the unit boundary.
3.
The raw material was stacked higher than wall, however penalty of Rs. 2 Lakhs has been imposed upon the unit and the same has been recovered.
The raw material was stacked higher than wall
The stack height has been reduced and the unit is taking steps to ensure that the same is not repeated.
4.
Lack of interlocking of the manufacturing and the emission control system
Lack of interlocking of the manufacturing and the emission control system
This is installed and photographs of the same are placed on record.
5.
Stack height of the DG Set is less than the prescribed norms
DG Stack height is now 14 feet which is compliant.
Annexure A4
NAME OF THE UNIT-M/S MAHABALI STONE CRUSHER
SL.
No.
OBJECTION IN THE INSPECTION REPORT
OBJECTION IN THE NOTICE DATED 27.08.2022
STATUS OF COMPLIANCE AS ON 14.03.2023
1.
Though tamper proof water meter is found on the tubewell permission of the Ground Water Authority and Log Book was not available
The unit has not obtained ground water permission
Permission has been taken from 17.09.2022 and appropriate log book has been maintained.
2.
Three layers of green belt is found on three sides of the unit with a width of 9-10 feet. Only in north east direction green belt is in one layer, which is not as per policy
The green belt as per the policy has not been developed.
The unit has established a green belt in three layers.
3.
Ducting and scrubbing system is not established
No such observation
Ducting and scrubbing system in in place and operation and photographs of the same are annexed
4.
The raw material was stacked higher than wall, however penalty of Rs. 2 Lakhs has been imposed upon the unit and the same has been recovered
Photographs have been placed on record to show that this has been reduced and penalty for the same was in any event paid.
5.
Lack of interlocking of the manufacturing and the emission control system
No such observation
This system is in place and photographs of the same are on record.
6.
No such observation
Premises road was damaged
No such observation in the inspection report, however latest photos show interlocking tiles and cement concrete pucca road without damage.
7.
The DG Set stack height is as per the norms
DG Set stack height is not as per norms [contrary to the inspection report]
DG Set Stack height was always 18 feet and hence the same is as per the norms
Annexure A5
NAME OF THE UNIT-M/S AV NATURAL PVT. LTD.
SL.
No.
OBJECTION IN THE INSPECTION REPORT
OBJECTION IN THE NOTICE DATED 27.08.2022
STATUS OF COMPLIANCE AS ON 14.03.2023
1.
No water meter was found, permission of the Ground Water Authority and Log Book was not available
Unit has not obtained permission of the ground wayer board
Permission has been taken from 31.07.2022.
2.
Green belt in one layer has been established around the Plant
The unit has not developed green belt as per the policy
THE unit has developed the green belt and the photographs of the same are annexed.
3.
Ducting and scrubbing system is not established
The unit has not established the
ducting and scrubbing system
Established and photographs placed on record.
4.
The raw material was stacked higher than wall, however penalty of Rs. 2 Lakhs has been imposed upon the unit and the same has been recovered
Stocking of minor mineral is done higher than the wind breaking wall
The minor mineral is stocked less than the height of the breaking wall and the photographs for the same are also placed on record.
5.
Lack of interlocking of the manufacturing and the emission control system
The unit has not provided for interlocking of the air pollution control
The system has been installed and the photographs of the same are also placed on record.
6.
Stack height of the DG Set is less than the prescribed norms
No such observation
Stack height has been increased to 5 MTS (15 feet approx..) in accordance with the regulation.
7.
No such observation
Unit has not provided for pucca settling tank for reuse of washing water.
The same was always established and since the same is a large part of the plant it cannot be established overnight and photographs of the same are being placed on record.
Annexure A6
NAME OF THE UNIT-M/S GURU HAR RAI STONE CRUSHER
SL.
No.
OBJECTION IN THE INSPECTION REPORT
OBJECTION IN THE NOTICE DATED 27.08.2022
STATUS OF COMPLIANCE AS ON 14.03.2023
1.
No water meter was found, permission of the Ground Water Authority and Log Book was not available
No permission from Ground water authority has been taken by the unit
Consent has been obtained
w.e.f. 16.07.2022
2.
The green belt is in two layers around the plant and the width is 6 feet. In the West side there is no green belt and green belt according to the policy is not established
The unit has not developed green belt as per the policy of the State
The green belt in accordance with the policy has been planted.
3.
The consent renewal is pending since original consent lapsed on 31.03.2022 and the unit though has applied for renewal process is pending
The unit does not possess valid CCA as on date
The unit has applied for renewal of CCA on 09.09.2022 however the same has been granted by the State PCB and hence in accordance with the Air and Water Act, the unit has deemed consent since 4 months have expired from the date on which a complete application was made.
4.
The raw material was stacked higher than wall, however penalty of Rs. 2 Lakhs has been imposed upon the unit and the same has been recovered
Stocking of material was done beyond the height of the wall
The stack height has been reduced and the penalty/fine stands paid.
5.
Lack of interlocking of the manufacturing and the emission control system
Lack of interlocking of the manufacturing and the emission control system
The interlocking system has been installed.
6.
Stack height of the DG Set is less than the prescribed norms
The stack height of the DG is not in accordance with the norms
The stack height of the DG Sets has been increased.
7.
No Such observation
The premises road was damaged
There is very minor damage to the internal road (raw material that falls of the truck) and the Petitioner has already established a CC Road
There is no material to rebut the above factual status. Thus, their does not appear to be any need for reverification as directed vide order dated 28.03.2023 with regard to the said six units. Only in respect of M/s Badesha Stone Crusher - Respondent No. 8, compliance status may be re-verified by the State PCB. The State PCB may take remedial action in case of non compliance of the said unit and for past non-compliances, as per law. With regard to remaining nine, since they have reportedly not yet started their operations, there is no cause of action as on today.
In this view of the matter, learned Counsel for the parties submit that nothing survives for further consideration and main matter itself be disposed of.
The O.A. and I.A. stand disposed of accordingly.
If any grievance survives, it will be open to the aggrieved party to take remedies as per law.
A copy of this order be sent to the CPCB, Regional Office of MoEF&CC, Dehradun, UKSPCB, District Magistrate and Superintendent of Police, Nainital by email for compliance.