AI Structured Summary
Not yet generated for this judgment
Judgment
Mr. Karam Singh and other residents of village Doon, P.O Kotlu Tehsil Brahmana, District Bilaspur, Himachal Pradesh have sent the present letter petition complaining that Nautore land measuring 5 bighas approximately was allotted to Shri Bansi Lal for agriculture purpose but after his death his grandsons are using the same for doing kabard (scrap) business since 1998- 99. They have also encroached upon the forest land and PWD land and are storing scrap scattered over the entire land. The scrap including hazardous waste like lead acid batteries, E-waste, tube lights, TVs and PCBs etc. is stored haphazardly for months together. Their workmen also burn plastic, rubber, tyres etc., causing heavy air pollution. About 2 or 3 years ago, they have also established aluminum anodizing plant falling in the classification of red category industry without requisite environmental permissions / NOCs. The Chromic acid is used to clean glass bottles collected in scrap and also for cleaning/washing of aluminum in a water tank before anodizing it. The waste water containing chromic/sulfuric acid is discharged in open land. The houses of five or six SC families constructed in their Nautore land are situated at the distance of less than 5 meters. There was a pedestrian path which was being used by the residents of village Kallar, Doon and Kotlu for going to Guga Jahar Peer Mandir and Durga Shakti Mandir Sohani Devi. The forest department also constructed 6’ wide inspection footpath in the DPF. Both the paths have been blocked by unauthorized storage of huge quantity of scrap. The rain shelter constructed by PWD to facilitate the residents of the area is also rendered useless due to stinking smell of scrap stored near it and parking of trucks for loading and unloading of scrap in front of it.
Vide order dated 19.05.2022, this Tribunal constituted a Joint Committee comprising of the SEIAA, State PCB and Deputy Commissioner, Bilaspur and directed the same to submit factual and action taken report within two months. The relevant part of the order reads as under:-
“In view of the averments made in the application, it would be appropriate to have a factual and action taken report from a Joint Committee comprising of SEIAA, State PCB and Deputy Commissioner, Bilaspur. Joint Committee shall meet within four weeks, undertake site visits, look into the grievances of the applicant and take requisite action by following due process of law. State PCB will be the Nodal agency for coordination and compliance. Factual and action taken report may be furnished within two months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.”
In compliance thereof, the Joint Committee inspected the site on 17. 06.2022 and has submitted report vide email dated 12.08.2022. The relevant part of the report reads as under:-
“X X X X X X
The Joint inspection of the units and the surrounding area was carried out by the Committee on 17.06.2022 at 11:30 AM. The following officials carried out the joint inspection —
The Deputy Commissioner Bilaspur, Distt. Bilaspur, H.P.
The Divisional Forest Officer Bilaspur, Distt. Bilaspur H.P.
The Sub-Divisional Officer (C) Ghumarwin, Distt. Bilaspur H.P.
The Executive Engineer, HPPWD Ghumarwin, Distt. Bilaspur H.P.
The Block Development Officer, Ghumarwin, Distt. Bilaspur H.P.
Field Kanungo, Tehsil Ghumarwin, Distt. Bilaspur H.P.
Pradhan, Gram Panchayat Kotlu Brahmana, Ghumarwin, Distt. Bilaspur H.P.
UP Pradhan, GP Kotlu Brahmana, Ghumarwin, Distt. Bilaspur H.P.
Patwari, Patwar Circle Chhat, Tehsil Ghumarwin, Distt. Bilaspur H.P.
The Environmental Engineer, HP State Pollution Control Board Bilaspur, Distt. Bilaspur H.P.
The following 02 units were found to be in operation at the time of inspection —
Scrap Sale & Purchase activity (Kabaad Business) operated by Shri Manohar Lal S/o of Sh. Bansi Lal.
M/s Ganpati Trading Company owned & operated by Shri Dinesh Kumar S/o Sh. Dharam Pal engaged in Powder coating of aluminium profiles.
The former unit is engaged in purchasing and selling of scarp or waste materials which includes waste comprising of metals, plastic, glass, rubber etc.
The latter is engaged in powder coating of aluminium profiles/sections using dry powder. The entire premises and the surrounding areas of the above mentioned 02 units were inspected by the committee in detail particularly w.r.t. allegations made by the complainant.
GEOGRAPHICAL LOCATION OF THE UNITS
Both the units are located at Village Doon, P.O. Kotlu Brahmana, Tehsil Ghumarwin, Distt. Bilaspur HP. The units are located on the Nihari - Barthin Road and are adjacent & contiguous to each other. (Latitude: 31°26'52" N Longitude: 76°39'36" E). There is no major or minor water body or any water source near both the units except 01 hand pump up stream of both the units. The area does not have any other commercial or industrial activity except for these 02 activities. The GPS map of the location is as per Table -01 below:
SOURCE OF WATER
The water requirement of both the units is being met through piped govt. supply of the Jal Shakti Vibhag. There is also 01 no. of hand pump approximately 20 m from the scrap storage area. However as per the information provided by the local residents, the water from the handpump is not being used for drinking purposes since the installation of the same.
NATURE OF ACTIVITIES CARRIED OUT
A. The unit which is engaged in scrap business, is engaged in purchasing, storing, pressing & bailing of waste materials made of plastic, metals, rubber etc. and then selling them for recycling to dealers outside the state. No manufacturing activity of any material or item is being carried out in the said unit. Also, no reprocessing of waste is being done in the unit. No effluent or emissions are generated from the process. The unit had installed following machines in the premises as observed by the Committee during the inspection:
Plastic shredder (01 No.) for the shredding of waste plastic material, and
Hydraulic Press machines (02 No's) for compressing of misc. waste materials including tin and cans, plastic bottles etc. to reduce their volume so that the waste material can be easily transported for recycling.
B. The other unit in the name and style of M/s Ganpati Trading Company is engaged in powder coating of aluminium sections/profiles after washing them in water tank using caustic solution. The unit had installed following machines in the premises as observed by the committee during the inspection:
Paint booth for spray painting using powder paint
Oven for baking of coated paint
Air compressor
Evaporator for following Zero Liquid Discharge (ZLD).
Process Flow Chart of the Units
The process flow chart of the scrap handling unit is as below:
Table no. 01, Process Flow Chart of scrap handling unit.
The photographs of the unit are as below:
Pic 7 & 8: View of the units along the HPPWD road
Pic 14: Chimney over the roof of
building/shed attached to oven
Pic 15: Evaporator for the evaporation of industrial waste water to follow ZLD
NOCs / LICENCES / CONSENTs ETC OF VARIOUS DEPARTMENTS / AGENCIES
The committee observed that the unit dealing with Scrap does not require any kind of NOC/Licence etc. from any department or agency in gram panchayat area.
The other unit in the name and style of M/s Ganpati Trading Company deals with the powder coating of aluminium profiles/sections and washing of aluminium sections. Accordingly, the unit is covered under consent mechanism of the State Pollution Control Board and has also obtained Consent to Operate of the State Board. The copy of the Renewal of Consent to Operate granted after the joint inspection of the committee to the unit and valid till 31.03.2032 is enclosed as Annexure — A/2.
SITING CRITERIA FOR SUCH ACTIVITIES
There is no sitting / distance criteria notified by any competent authority for setting up / carrying out both these type of the activities.
PRODUCTION CAPACITY
The unit namely M/s Ganpati Trading Company has been granted consent to Operate of the HP State Pollution Control Board for the Powdered Coating of the Aluminum Sections @ 10000 Kg/Month.
SCALE AND CATEGORY OF OPERATIONS
M/s Ganpati Trading Company engaged in powder coating of aluminium profiles falls under Small Scale and Orange Category as per the HPPCB classification of industries.
RAW MATERIAL UTILISATION
Since the activity involving scrap business does not involve any processing/manufacturing, therefore no additional raw material consumption is there for such activity.
The raw material used for the unit namely M/s Ganpati Trading Company engaged in the powder coating of the Aluminium Sections @ 10000 Kg/Month, Powder Paint @ 800 Kg/Month and HSD as fuel in a baking bhatti/oven. The washing of the profiles is carried out with caustic in water baths.
CHEMICAL STORAGE
Both the units do not require any kind of the chemical storage in their industry. Accordingly, no other chemical storage was observed in the industry.
HAZARDOUS WASTE GENERATION & STORAGE
There is no hazardous waste generated in both the units.
FUEL USED
The fuel used in both the industries is Electricity for the operation of the plant and machineries. However M/s Ganpati Trading Company also uses HSD (BS-IV) as a consented fuel for operating oven/bhatti for baking of powder coated aluminium profiles.
MANPOWER
The unit involved in scrap has provided employment to 25 no. of persons and M/s Ganpati Trading Company has manpower of 03 persons.
WASTE WATER GENERATION AND TREATMENT
There is only domestic waste water generation in the unit involved in scrap business which is disposed through septic tank provided in the unit.
M/s Ganpati Trading company is following Zero Liquid Discharge (ZLD) for industrial waste water of quantity 0.1 KL (a batch of about 100 Litres generated in 10 days' time) and domestic waste water is disposed off through septic tank provided with the toilets. The unit has provided an evaporator of capacity 100 litres per day to evaporate the waste water generated from the washing of aluminium profiles.
EMISSIONS
There are no emissions from the unit involved in scrap business.
However there are air emissions from M/s Ganpati Trading Company and the source of emissions are the paint booth and the diesel fired oven. For the control of emissions from the paint booth, the unit has provided cyclone settler followed by a stack and for the emissions from a HSD fired oven, the unit has provided a stack of appropriate height over the roof level.
SAMPLING RESULTS
During the time of joint inspection, samples of water bath of M/s Ganpati Trading Company to check the usage of chrome based chemicals in the water baths was collected. Another water sample from the hand pump was collected. The crux of analysis reports of the samples of the waste water from the tanks which is to be evaporated in an evaporator and from the hand pump are tabulated as per table 04 and 05 below-
S.No.
Parameter Name
Result (mg/L)
The waste water is not discharged but fed into
Evaporator for achieving ZLD
(Zero Liquid Discharge)
1
pH
5.70
2
TSS
178.0
3
COD
16.0
4
BOD
1.0
5
Nickel
8.54
6
Oil & Grease
0
7
Hexavalent Chromium
0
8
Zinc
1.19
9
Copper
0.1
table no — 04, sampling results of untreated sample from water bath (To be evaporated in an evaporator )
S.No.
Parameter Name
Result (mg/L)
Desirable Limit as per
IS 10500
1
pH
7.14
6.5 - 8.5
2
TSS
20.0
Not Prescribed
3
Lead
0.038
0.01 (mg/I)
4
Oil & Grease
0
nil
5
Hexavalent Chromium
0
0.05 (mg/I)
6
Turbidity
129.6
5.0 (NTU, max)
Table No — 05, Sampling results of Hand pump water
The copy of sample analysis reports is enclosed as Annexure A/3. From the perusal of the same, it can be established that no chrome has been observed in the process water and waste water generated from the unit.
PUBLIC LIABILITY INSURANCE (PLI)
There is no requirement to acquire PLI by any of the units.
SPECIFIC FINDINGS OR VIOLATIONS OBSERVED BY THE REPRESENTATIVE OF HP SEIAA
The Director cum Member Secretary, State Level Environment Impact Assessment Authority Shimla HP has informed that the units does not fall in the purview of Environment Impact Assessment Notification, 2006 subsequent amendments thereof, hence Environment Clearance is not applicable to such projects. The copy of the letter is enclosed as Annexure A/4.
SPECIFIC FINDINGS / VIOLATIONS OBSERVED BY THE SDM (C) GHUMARWIN
SDM (C) Ghumarwin has informed that the area of land in question was got demarcated through Naib Tehsildar, Harlog in the presence of Forest Range Officer Bharari, Junior Engineer PWD Dadhol, Incharge Animal Husbandry Kotlu Brahmana, Up Pradhan, Ward Member of G.P. Kotlu Brahmana and Manohar Lal on 21.06.2022. During the course of demarcation, it was observed that
i) Sh. Manohar Lal S/o Sh. Bansi Lal and his brohers (Owners of Units)
are the owner of alleged land comprised of Khasra No. 472/141 measuring 09-13 bigha out of which 03-17 bigha Barani, 4-0 bigha Banhar Jadid, 0-03 Gair Mumkin Abadi and 01-13 Gair Mumkin Pathar recorded in the revenue record, but the kabaad material has been placed over the Government land.
ii) Sh. Manohar Lal S/O Sh. Bansi Lal has encroached over the land of HPPWD comprising in Khasra No. 120/1 measuring 0-3-0 bigha and over the land of Animal Husbandry comprised in Khasra no. 570/546/141 measuring 0-5-0 bigha by way of scarp storage.
iii) 03 no. of families of scheduled caste are residing on the land comprised in Khasra No. 472/141 adjoining to the area in question.
iv) Other paths leading from Village Kallar, Doon, Kotlu to Gugga Jahar Peer Mandir and Durga Shakti Mandir are found open for movement and no encroachment over the pedestrian path was found. The copy of the letter and the joint inspection report is enclosed as Annexure A/5.
SPECIFIC FINDINGS / VIOLATIONS w.r.t. THE FOREST DEPARTMENT
As per the report submitted by the Sub Divisional Officer (Civil) Ghumarwin, Teh: Ghumarwin, Distt Bilaspur HP it has been reported that there is no encroachment on the Forest land by either unit. The copy of the letter from SDO (c) is enclosed as Annexure A/5.
SPECIFIC FINDINGS / VIOLATIONS OBSERVED BY THE BLOCK DEVELOPMENT OFFICER GHUMARWIN
BDO Ghumarwin has informed that the area was jointly inspected by the Pradhan, Ward Member and the Panchayat Seceratry of Gram Panchayat Kotlu Brahmana and during the inspection it was observed that there is no encroachment observed on the path from Kallar Mod to Paani Ki Tanki and also no complaint has been registered in Panchayat Office in this regard. Also it is clearly mentioned that no proposal had been passed in Gram Panchayat regarding establishment of the units and the kabaad khana. The copy of the letter and the joint inspection report is enclosed as Annexure A/6. It is pertinent to mention here that no NOC from the Gram Panchayat is required for carrying out such activities.
SPECIFIC FINDINGS w.r.t HPPWD GHUMARWIN DIVISION
As per the report submitted by the Sub Divisional Officer (Civil) Ghumarwin, Teh: Ghumarwin, Distt Bilaspur HP it has been reported that Sh. Manohar Lal S/O Sh. Bansi Lal has encroached over the land of HPPWD comprising in Khasra No. 120/1 measuring 0-3-0 bigha and over the land of Animal Husbandry comprised in Khasra no. 570/546/141 measuring 0-5-0 bigha by way of scarp storage.The copy of the letter is enclosed as Annexure A/5.
SPECIFIC FINDINGS / VIOLATIONS OBSERVED BY THE HPPCB.
There are no environmental violations observed in the units. No lead acid batteries, E-Waste, tube lights or any hazardous waste was observed in the scrap storage area.
However, during the inspection in M/s Ganpati Trading Company, it was observed that the height of the chimney attached to both HSD fired and electric operated oven was required to be raised 2.5 m above the roof level. In this regard directions were issued by the State Board on 18.06.2022. The copy of the same is enclosed as Annexure A/7. The unit has submitted the compliance report of the same and has raised the height of the chimney 2.5 m above roof level. The compliance was verified by inspection of the unit carried out on 06.07.2022.
OBSERVATIONS OF THE COMMITTEE:
During the joint inspection, it was observed that the scrap unit has provided a boundary wall of tin sheets serving as a protection measure towards road side. The concerned Field Kanungo along with Patwari demarcated the land in the presence of Committee members and it has been observed that there is encroachment of the unit involved in scrap business on PWD road.
The Deputy Commissioner, Bilaspur on 17.06.2022 had directed the SDO (C) Ghumarwin to re-demarcated the adjoining land and check with respect to the encroachment of the unitswrt PWD land, Forest land, pedestrian path to Gugga Jahar Peer Mandir and Pani ki Tanki etc. The report of the SDO Civil Ghumarwin has indicated encroachment over the Govt land.
Further M/s Ganpati Trading Company was also inspected by the Committee members in the presence of the owner of the unit. During the inspection it was observed that the unit is working in a covered shed from all the sides. There is no aluminium anodizing process involved in the unit and only powder coating operations are carried out. The waste water generated from washing activities is being evaporated in an evaporator and the unit is a Zero Liquid Discharge (ZLD) unit. The unit has also installed flow meter in water tanks as well as energy meter in the evaporator to ascertain operations. There is no chromic acid/sulphuric acid being used for the purpose of washing of aluminium sections as alleged in the complaint. The surface washing of the sections is carried out with caustic cleaner. Also there is no washing of glass bottles carried out by the unit. The unit has followed zero liquid discharge (ZLD) as evaporator of capacity 100 litres per day has been installed and is being operated. No instances and historical traces of waste burning were observed during the joint inspection of the Committee.
Action Taken on observed Violations
There are no violations observed as per the reports submitted by the Director cum Member Secretary, State Level Environment Impact Assessment Authority (SEIAA) Shimla HP, DFO, Forest Department Bilaspur and BDO Bilaspur as per the Mandate of their Departments.
As per the reports submitted by the SDM (C) Ghumarwin, the unit has encroachment over the land belongs to HPPWD & Deptt. Of Animal Husbandary, however as per the latest report submitted by Executive Engineer, HPPWD Ghumarwin vide his office letter no. 11202-04, Dated 16.07.2022, the encroachment has been removed by the unit (Copy of report enclosed as Annexure-A/8), whereas deputy Director Animal Husbandry, Bilaspur has issued directions to unit vide his office letter no. 2984, dated 16.07.2022 to immediately remove the encroachment. (Copy of directions enclosed as Annexure A/9).
As per the mandate of the HP State Pollution Control Board, the unit M/s Ganpati Trading Company was directed to raise the height of chimney 2.5 m above the roof level and the compliance of the same was verified on 06.07.2022 by the official of the State Board. The unit is operating with a valid consent of the State Board.
Conclusion
The Unit which deals with the scrap business had encroached the PWD and Animal Husbandry Department land for the storage of the scrap. The unit has removed encroachment over PWD land and directions issued by Deptt. Animal Husbandry to immediately remove the encroachment, the compliance of directions issued shall be ensured and the report shall be submitted to the Deputy Commissioner,
Bilaspur.
The Unit in the name and style of M/s Ganpati Trading Company has been found compliant to environment norms.”
None has appeared on behalf of the applicant to dispute the correctness of the observations made in the report.
We have gone through the report. It is evident from the report of the Joint Committee that both the units do not require environmental clearance from SEIAA. The unit dealing with the scrap does not require any kind of NoC/ license etc. from any department/agency including gram panchayat. M/s. Ganpati Trading Company has obtained Consent to Operate from the Himachal Pradesh PCB. The Joint Committee did not find any environmental violations by both the units. The State PCB got height of the chimney raised by issuing directions which were complied by M/s Ganpati Trading Company. The Joint Committee did not find any encroachment on the forest land by either unit but the Joint Committee found that the units had encroached upon land owned by HPPWD and Department of Animal Husbandry. Encroachment on land owned by HPPWD had been removed while directions for removal of encroachment on land owned by Department of Animal Husbandry have been issued.
In view of the report of the Joint Committee, no further intervention by this Tribunal in exercise of its jurisdiction under the provisions of the National Green Tribunal Act, 20100 is warranted.
The application is disposed of accordingly.