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Judgment
Grievance in this application is that inspite of statement of the State PCB and the District Magistrate, Mathura before this Tribunal that operation of Agrariya Agro Cotton Mill, Guheta, Das Bisha, Tehsil Chatta, District Mathura, UP, has been closed on 20.07.2020, the said mill was being allowed to function in violation of environmental norms. The applicant thus, seeks enforcement of order dated 01.09.2020 by which the application was disposed of after noting that order of closure had been passed and directing that compensation be recovered.
Vide order dated 21.10.2021, the Tribunal issued notice to the State PCB and the Project Proponent (PP) and sought their response.
In pursuance of the above, no response has been filed by the PP even though PP has been duly served by speed post, as per proof of service filed by the applicant. PP is thus proceeded against ex-parte.
The State PCB has filed its report on 15.01.2022 based on visit to the site on 28.12.2021. The report mentions that though the unit was closed at the time of visit, the unit appeared to have functioned from the 22.12.2021 to 28.12.2021, which was an inference from the availability of raw material in the complex and presence of owner of the unit. The owner was directed to operate the unit complying with the environmental norms.
We have heard learned Counsel for the parties present. Learned Counsel for the Applicant submits that once PCB had stated before the Tribunal that the unit had been closed and was directed to assess and recover compensation for the past violations, the PCB should be held accountable for defiance as neither the unit has been closed nor compensation recovered. Rather the unit has been allowed to continue illegally.
We find no explanation for the defiance and illegality on the part of the State PCB as clearly shown by the report. The report further shows the potential of serious pollution by the operation of the unit due to discharge of fine dust and cotton fibers, without requisite safeguards. Report mentions that equipments for stack monitoring did not exist. The unit is not following air quality norms. Requisite equipments have not been installed. There is no proper covering of the compound by enclosures/shed for undertaking processes which result in air pollution and damage to public health in the area. It is not clear whether the PCB has granted consent under the Air Act. It is also not clear how compliance is monitored and efficacy of air pollution control devices assessed without stack monitoring equipment. Violation of consent conditions for enabling monitoring efficacy of air control systems appears to be rampant, as found earlier dealing with cases of pollution from brick kilns in Mathura District. There is thus failure on the part of the State PCB in performing its statutory duty of effective monitoring and surveillance of environmental exposures of the present and other such units inspite of earlier orders of this Tribunal. Conduct of concerned officers needs to be looked into at higher level and compliance ensured.
Accordingly, we direct the Chairman State PCB to look into the matter and ensure remedial action against the concerned erring officers of the State PCB for patent misconduct shown above. The unit be not allowed to operate till compensation is recovered for the past violations and requisite enclosures and air pollution control devices are installed so as to prevent air pollution. Such compliance may be ensured by the Member Secretary, State PCB within one month. An action taken report be filed by email with the Registrar General of NGT within two months. If found necessary, the same be placed before the Bench for further orders.
Subject to above, the application is disposed of.
A copy of this order be forwarded to the Chairman and the Member Secretary, State PCB by e-mail.