Tribunals and CommissionsDivision Bench(2023) 10 NGT CK 0036

Gopal Gujar & Ors vs State of Rajasthan

National Green Tribunal · Decided on 31 October 2023

HON’BLE JUDGES
Prakash Shrivastava, CP · Dr. A. Senthil Vel, EM
RESULT
Disposed Of
CASE NUMBER
M.A. No. 111 Of 2023 In Original Application No.20 Of 2023

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Judgment

5 paragraphs · 381 words
1.

The original application no. 20/2023 was registered on the basis of the letter petition with the allegation that the units in RIICO industrial area Bidasar, District Churu, Rajasthan were burning copper scrap at night which produces poisonous gases creating health hazard to the nearby residents.

2.

The Tribunal by order dated 22.02.2023 had constituted a joint committee and had directed the committee to visit the site, collect relevant information and if any violation is found, take remedial action in accordance with law within two months and submit the action taken report before the Registrar General of the Tribunal. There was a further direction to place the matter before the Bench if found necessary and the original application was disposed of.

3.

The present misc. application (111/2023) is registered on the basis of the joint inspection report dated 21.09.2023 submitted by the joint committee. A perusal of the said report reveals that as per RIICO Churu office record there are 53 industries operating and are located in RIICO industrial area Bidasar, District Churu, Rajasthan and out of these 53 industrial units, one industry namely M/s. DK Metals and Alloys located at plot no.G1-158 is found to be involved in recycling of copper scrap (copper ingots). At the time of the inspection, the unit was found to be non-operative allegedly due to labour shortage. As per the report, RSPCB Regional Laboratory Sikar is to conduct stack monitoring for verifying efficient working of pollution control measures within 30 days. The report also takes note of the stand of the unit’s representative that because of heat issue during operating furnace, unit operates during night time for comfort of labours and operational purposes.

4.

The main complaint made in the letter petition was in respect of the air pollution being caused by burning of copper scrap by the concerned industries.We find that the joint inspection report is not clear on this aspect. Hence, we direct the joint committee to submit a fresh report specifically covering the issue of air pollution being caused by the industry in question. Let the report be submitted within two months before the Registrar of the Central Zonal Bench, NGT at Bhopal which has territorial jurisdictionin the matter.

5.

The misc. application is accordinglytransferred to the Central Zonal Bench at Bhopal.