Manoj Joshi vs State of Uttarakhand & Ors

Grievance in this application is violation of environmental norms in operation of stone crushers by Maa Nanda Stone Crushers, Village Ratoura, Kasba Betaalghaat, District Nainital, Baijnath Stone Industries Jai Singh Building, Bareilly Road, Haldwani and Maa Girija Stone Crushers Village Ratoura, Kasba Betaalghaat, District Nainital, Uttarakhand. According to the applicant, the stone crushers are adjacent to the river Kosi which originates in the hills of District Almora and merges somewhere in river Ramganga in the plains of Chamraul, Uttar Pradesh, adversely affecting the water and air. The operation of stone crushers is in violation of the "Stone Crusher, Screening Plant, Mobile Stone Crusher, Mobile Screening Plant, Hot Mix Plant, Readimix Plant Policy, 2019" laying down minimum distance from the river, requirement of water sprinklers to neutralize the dust and installing Dust and Noise Control Devise. Transportation of the stones is also without requisite precautions against air pollution. Untreated toxic effluents are discharged into the local stream which is source of drinking water.

Vide order dated 24.06.2021, the Tribunal constituted a joint Committee of CPCB, State PCB, SEIAA, Uttarakhand and the District Magistrates concerned, Nainital, to undertake visit to the site, ascertain the compliance status of functioning of the said stone crushers and give a factual and action taken report.

Accordingly,  the  joint  Committee  has  filed  its  report  dated 17.08.2021 giving status of compliance and recommendations as follows:

"1. M/s Sri Maa Nanda Crusher, Naini Chowk, Betal Ghat, Vill. Darmin, Betalghat, Distt.

I. M/s Sri Maa Nanda Crusher (hereafter referred as "the unit") is spread over an area of 2.138 Ha {Khasra no.71-,72,73,74 of khata no. 19 (for stone crusher) and Khasra no. 78,79,80b,99,105,106,121,122,123,100a,124,101,103 and 104 of Khata No. 4,16,19,24,25). The unit has crushing capacity of 200 Ton Per Day, which is further increased to 45 Ton/Hr vide UKPCB order dated 07.12.20L8. During inspection, the unit was in operation. The process flow chart of the unit is attached as Annexure-2

II. As informed by the unit representative, the operating hours of the unit is 8.00AM to 6.00 PM.

III. The unit has been granted permission for installation of stone crusher on 01.07.2015 from industrial Development Section, Govt. of Uttarakhand for the period of 03 years, which is further renewed on 05.03.2019 for 05 years (19.11.2016 to 18.11.2021).

IV. District Magistrate, Nainital granted permission for storage of mineral on 25.03.2017, which was valid upto 05 years or renewal of stone crusher. The unit was granted storage capacity of minerals of 61140 Cu. M (one time) and 100000 Cu. M (Annual), which is reduced to 50,694 Cu. M (one time) and 85000 Cu. M(Annual) vide order dated 04.05.2019 for the period upto 18.11.2021.

V. The unit has been granted permission for installation of stone crusher as per state govt. policy namely "Stone Crusher, Screening Plant and Pulverizer Policy, 2011 for Himalayna Region of Uttarakhand" (hereafter referred as state policy 2011 (Annexure-3).

VI. The unit receives raw material (dust, stone, sand etc.) through auction by the District Administration, which is stored in the unit premises. During inspection, approx. 45660.61 Ton of raw material was found stored in the unit premises as per details submitted by the unit on the portal of Geology and Mining Unit, Directorate of industries, Uttarakhand (Annexure-4). Details of purchase and sale for the financial year 2020-2021 and 2021-2022 (till 16.08.2021) of the unit is attached as Annexure-5.

VII. The unit has been granted Consent to establishment of stone crusher on 19.05.2017 The unit has been granted CCA (Consolidated Consent & Authorization) by UKpCB, which is valid upto 18.11.2021 for crushing capacity of 45 MT/Hr. (11250 MT/Month).

VIII. The unit is meeting its fresh water requirement through one borewell. Mechanical flow meter is installed at borewell. As per log book, avg. fresh water consumption of the unit is 6.38 KLD (for the month of July 2021. The unit has not obtained NOC from CGWA as NOC not required for water consumption less then 10 KLD. Notified by Ministry of Jal Shaktivide S.O. 3289(E) dated 24.09.2020.

IX. Water is required by the unit for screening, sprinklers and road dust suppression purposes' It has been informed that water for road dust suppression is received through tankers from vendors/nearby villagers.

X. Waste water generated from screening plant is sent to settling tanks (02 nos.) and after settling of sludge, supernatant water it is recycled back in the process. During inspection, it was observed that kacha tank is also used as settling tanks.

XI. Settled sludge is found disposed off on land.

XII. The unit has provided water sprinkler at unloading/transfer point of stone crushers. But, water sprinkler is not having required pressure. During inspection, water sprinkler was operational. Location of water sprinkler installed in unit is annexed in (Annexure No. 6).

XIII. During inspection, fugitive emission was not found. However, ambient air quality monitoring with respect of Suspended Particulate Matter near stone crusher was carried out by third party MoEF & CC recognised lab on 23.07.2021 (Annexure-7) and as per report, Suspended Particulate Matter is meeting with the stipulated norms.

XIV. As per state policy 2020 issued on 21.07.2020 (Annexure-g), all stone crushers installed previously should provide ducting and scrubbing system in cover shed to arrest dust within 03 months from date of issue of state policy 2020. The unit is yet to install ducting and scrubbing system. During inspection, installation of system is in progress

XV. The unit is meeting the area criteria of 1.5 acres for establishment of stone crusher as per the state policy 2011.

XVI. The unit has provided tin sheet wall having height approx. 15 ft

XVII. The unit has provided tin shed in primary crusher and secondary crusher to control noise pollution. During inspection, noise monitoring near process area and boundary wall was carried out and value are observed as 70 db and 52 db respectively as against stipulated norms of 75 db.

XVIII. The unit has not provided adequate green belt as per state policy 2011.

XIX. The unit has not provided complete metaled road as per state policy 2011.

XX. As per said policy, site inspection by Sub-divisional Magistrate of area concerned, Divisional Forest Officer or his representative, representative of UKPCB, Geologist, District Task Force Office and Mining Officer/Mine inspector has to be carried out for proposed stone crusher/plant. The site inspection of the unit was carried out on 29.72.2014 and as per report, proposed site for the unit is meeting with siting criteria as per state policy 2011 except residential building, which was given for lease to the unit for 1-5 years (copy of the inspection report is annexe as Annexure-9).

XXI. Further, Joint inspection of the unit was carried out on 04.03.2020 by six-member committee comprising Sub-District Magistrate, geologist, UKPCB, Technical Assistant (Geology), Officer Surveyor and typist. As per report, the unit (primary crusher) is located at 105 m as against 100 m from Perennial River as per state policy 2011 (copy of the inspection report is annexe as Annexure-10).

M/s Shree Maa Girja Stone Crusher, Vill. Tallagaon, Betalghat, Distt. Nainital (UK)

I. M/s Shree Maa Girja Stone Crusher (hereafter referred as "the unit") is spread over an area of 1.185 Ha {Khasra no.319, 320,329,336,337,338,340,330,331, 332,333,334, 335, 347 and 348 a). The unit has crushing capacity of 30 Ton/Hr. During inspection, the unit was in operation. The process flow chart of the unit is attached as Annexure-11.

II. As informed by the unit representative, the operating hours of stone crusher is 8.30 AM to 5.30 PM.

III. The unit has been granted permission for installation of stone crusher on 16.12.2016 from industrial Development section, Govt. of uttarakhand for the period of 05 years.

IV. District Magistrate, Nainitat granted permission for storage of mineral on 25.04.2017, which was valid upto 15.12.2021. The unit was granted storage capacity of minerals of 22050 cu. M (one time) and 68150 cu. M (Annuar), which is increased to 26392cu. M (one time) and 79177 cu. M(Annual) vide order dated 17.06.2019, which is valid upto 15.12 ,2021.

V. The unit has been granted permission for installation of stone crusher as per state govt. policy namely, "Uttarakhand Stone Crusher, Screening Plant, Mobile Stone Crusher, Mobile Screening Plant, Hot Mix Plant, Readimix Plant Policy, 2015" (hereinafter referred as "State Policy 2015") (Annexure-12).

VI. The unit has received crushing raw material (dust, stone, sand etc.) through auction by the District Administration, which is stored in the unit premises. During inspection, approx. 47382.33 Ton of raw material was found stored in the unit premises as per details submitted by the unit on the portal of Geology and Mining Unit, Directorate of industries, Uttarakhand (Annexure-13). The stored raw material quantity is less than the permitted quantity. Details of purchase and sale for the financial year 2020-2027 and 2021,-2022 (till 16.08.2021 of the unit is attached as Annexure-14.

VII. The unit has been granted consent to establishment of stone crusher on 22.09.2017 The unit has been granted CCA (Consolidated Consent & Authorization) by UKPCB, which is valid upto 18.11.2021 for crushing capacity of 6000 MT/Month.

VIII. The unit is meeting its fresh water requirement through one borewell. Mechanical flow meter is installed at borewell. As per log book, avg. fresh water consumption of the unit is 15.72 KLD (for the month of July 2021).The unit has obtained NOC from CGWA on 27.01.2021, which is valid upto 26.07 .2024.

IX. Water is required by the unit for screening, sprinklers and road dust suppression purposes.

X. Waste water generated from screening plant is sent to settling tanks (02 nos.) and after settling of sludge, supernatant water is recycled back in the process.

XI. Settled sludge is found disposed off on land.

XII. The unit has provided water sprinkler at unloading/transfer point of stone crushers. But, water sprinkler is not having required pressure. During inspection, water sprinkler was  operational. Location of water sprinkler installed in unit is  annexed in (Annexure No. 15)

XIII. During  inspection,  fugitive  emission  was  not  observed.

However,  ambient  air  quality  monitoring  with  respect  of  suspended Particulate Matter near stone crusher was carried  out by third party MoEF & cc recognized lab on 26.07.2021  (Annexure-16)  and  as  per  report,  Suspended  Particulate  Matter is meeting with the stipulated norms.

XIV. The unit has provided tin sheet wall having height approx. 1.5  ft.

XV. The unit has partially provided cover shed in conveyor  belts.

XVI. The  unit  has  provided  tin  shed  in  primary  crusher  and  secondary   crusher   to   control   noise   pollution.   During  inspection, noise monitoring near process area and boundary  wall was carried out and value are observed as 70 db and 52  db respectively as against stipulated norms of 75 db

XVII. The unit has provided green belt outside tin boundary wall. The unit has not provided three layered green belt as  per state policy 2015.

XVIII. The unit has provided metaled road as per state policy 2015.

XIX. As per state policy 2020, the unit has to provide ducting and  scrubbing  system  in  cover  shed  to  arrest  dust.  During  inspection, installation of ducting and scrubbing system is in  progress.

XX. As per said policy, site inspection by Sub-divisional Magistrate of area concern, Divisional Forest officer or his representative, representative of UKPCB, Geologist, District Task Force office and Mining officer/Mine inspector has to be carried out for proposed stone crusher/plant. The site inspection of the unit was carried out on 27.09.2016 and as per report; proposed site for the unit is meeting with siting criteria as per state policy 2016 (copy of the inspection report is annexe as Annexure-17).

M/s Baijnath Stone lndustries Pvt. Ltd., Vill. Tallagaon, Betalghat, Distt. Nainital (UK)

I. M/s Baijnath Stone industries Pvt. Ltd. (hereafter referred as "the unit") is spread over an area of 1.855 Ha {Khasra no.348a, 349, 350, 351,352, 353a, 355a, 354a, 291a and 291sa). The unit has crushing capacity of 50 Ton/Hr. During inspection, the unit was in operation. The process flow chart of the unit is attached as Annexure-18.

II. As informed by the unit representative, the operating hours of stone crusher is 8.00 AM to 5.00 PM.

III. The unit has granted permission for installation of stone crusher on 20.12.2016 from industrial Development Section, Govt. of Uttarakhand for the period of 05 years.

IV. District Magistrate, Nainital was granted permission for storage of mineral on 27.04.2017, which is valid upto 19.12.2021.the unit is granted storage capacity of minerals of 52650 Cu, M (one time) and 100000 Cu. M (Annual).

V. The unit has been granted permission for installation of stone crusher as per state govt. policy namely "Stone Crusher, Screening Plant, Mobile Stone Crusher, Mobile Screening Plant, Hot Mix Plant, Readimix Plant Policy, 2016 (hereafter referred as" state policy 2016 (Annexure-19).

VI. The unit has received crushing raw material (dust, stone, sand etc.) through auction by the District Administration, which is stored in the unit premises. During inspection, approx. 40111.74 Ton of raw material was found stored in the unit premises as per details submitted by the unit on the portal of Geology and Mining Unit, Directorate of industries, Uttarakhand (Annexure-20). Details of purchase and sale for the financial year 2020-2021 and 2021-2022 (till 16.08.2021) by the unit is attached as Annexure-21.

VII. The unit has been granted Consent to establishment of stone crusher on 10.04.2018. The unit has been granted CCA (consolidated consent & Authorization) by UKPCB, which is valid upto 19.12 .2021 for crushing capacity of 12000 MT/Month.

VIII. The unit is meeting its fresh water requirement through Koshi river. No flow meter is installed at water intake point. As informed by the unit representative, permission from irrigation department has been obtained. But, the unit has not provided the document.

IX. Water is required by the unit for screening, sprinklers and road dust suppression purposes.

X. Waste water generated from screening plant is sent to settling tanks (02 nos.) and after settling of sludge, supernatant water it is recycled back in the process. During inspection, overflow from the settling tanks was spread over nearby low lying area within premises.

XI. Settled sludge is found disposed off on land.

XII. The unit has provided water sprinkler at unloading/transfer point of stone crushers. During inspection, water sprinkler was operational. Location of water sprinkler installed in unit is annexed in (Annexure No. 22)

XIII. During inspection, fugitive emission was not found. However, ambient air quality monitoring with respect of Suspended Particulate Matter near stone crusher was carried out by third party MoEF & cc recognised lab on 26.07.2021 (Annexure 23) and as per report, suspended Particulate Matter is meeting with the stipulated norms.

XIV. The unit has provided tin sheet wail having height approx. 15 ft

XV. The unit has provided cover shed in conveyor belts. However, some of the conveyor belts are covered with cloths.

XVI. The unit has provided tin shed in primary crusher and secondary crusher to control noise pollution. During inspection, noise monitoring near process area and boundary wall was carried out and value are observed as 65 db and 56 db respectively as against stipulated norms of 75 db

XVII. The unit has not provided green belt as per state policy 2016.

XVIII. The unit has provided metaled road as per state policy 2016.

XIX. As per state policy 2020, the unit has to provide ducting system and scrubbing system in cover shed to arrest dust. During inspection, installation of ducting system and scrubbing system is in progress.

XX. As per said policy, site inspection by Sub-divisional Magistrate of area concern, Divisional Forest officer or his representative, representative of UKPB, Geologist, District Task Force office and Mining officer/Mine inspector has to be carried out for proposed stone crusher/plant. The site inspection of the unit was carried out on 30.11.2016 and as per report; proposed site for the unit is meeting with siting criteria as per state policy 2016 (copy of the inspection report is annexed as Annexure-24).

Recommendations:

It is evident from above observations, all three stone crushers were not observed completely complying with the stipulated conditions of permission granted by industrial Development section, Govt. of Uttarakhand and District Magistrate as well as conditions stipulated in state policy 2020. All stone crusher may be directed to comply with following:

M/s sri Maa Nanda crusher, Naini chowk, Betal Ghat, vill. Darmin, Betalghat, Distt. Nainital(UK)

a) The units should provide ducting and scrubbing system in cover shed to arrest dust.

b) The unit should provide adequate pucca settling tanks for wastewater treatment.

c) The unit should provide water sprinklers with proper pressure as per state policy 2020.

d) The unit should provide adequate green belt as per state policy 2011.

e) The unit should provide complete metaled road as per State policy 2011

f) The unit should maintain proper logbook for water tankers used for sprinkling.

g) The unit should ensure compliance of all conditions as per permission granted by industrial Development Section, Govt. of Uttarakhand, District Magistrate and UKPCB as well as conditions stipulated in state policy 2020.

M/s Shree Maa Girja Stone Crusher, Vill. Tallagaon, Betalghat, Distt. Nainital (UK)

a) The units expedite to install ducting and scrubbing system in cover shed to arrest dust.

b) The unit should provide water sprinklers with proper pressure as per state policy 2020.

c) The unit should provide complete cover shed in conveyor belts.

d) The unit should provide green belt as per State policy.

e) The unit should ensure compliance of all conditions as per permission granted by industrial Development Section, Govt. of Uttarakhand, District Magistrate and UKPCB as well as conditions stipulated in state policy 2020.

M/s Baijnath Stone industries pvt. Ltd. Vill. Tallagaon, Betalghat, Distt. Nainital (UK)

i. The units expedite to install ducting and scrubbing system in cover shed to arrest dust.

ii. The unit should provide green belt as per State Policy 2016.

iii. The unit should provide flow meter at the water intake point and maintain proper log book.

iv. The unit should take necessary permission from concerned authority for use of surface water (River Koshi).

v. the unit should provide adequate settling tanks for wastewater treatment.

vi. The unit should ensure compliance of all conditions as per permission granted by Industrial Development Section, Govt. of Uttarakhand, District Magistrate and UKPCB as well as conditions stipulated in State Policy, 2020."

We find that though several deficiencies have been noted in the report, no punitive action has been taken for failure in the past or for future till compliance, including assessment and recovery of compensation on polluter pays principle, which is required for enforcing the law of the land. The State PCB may accordingly initiate such action as per law. Further, in terms of new Policy dated 02.01.2020, changed siting criteria be followed for any grant/renewal of consent by the State PCB after the date of the said policy.

The application is disposed of.

A copy of this order be forwarded to State PCB by e-mail for compliance.

A copy of this order be also forwarded to M/s. Maa Nanda Stone Crusher, Village Ratoura, Kasba Betaalghaat, District Nainital, Uttarakhand, M/s. Baijnath Stone Industries, Jai Singh Building, Bareilly Road, Haldwani, Nainital and M/s. Maa Girija Stone Crushers, Village Ratoura, Kasba Betaalghaat, District Nainital, Uttarakhand by e-mail for compliance.

It is made clear that if they are aggrieved by this order, they are at liberty to move this Tribunal.