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Judgment
Heard Sh. Mr. Rishesh Sikarwar, learned counsel at length.
This original application under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) has been filed challenging Consent to Establish (hereinafter referred to as ‘CTE’) granted to R-2 i.e., M/s Rana Ispat Ltd., through its Managing Director, Plot No. A-1/1, SIDC, Landhoura, District Haridwar. It is further prayed that Consent to Operate and all Combined Consent Applications validation of R-2 to 5 be cancelled and no further renewal of CCA be allowed to R- 5. The applicant has also prayed that this Tribunal may issue direction for shifting of R-5, a hazardous ‘red’, ‘green’ industry namely; Indian Oil Corporation Limited, through its Managing Director, Plot No.A-4, SIDC Landhoura, District Haridwar from the present location to some alternative place and award environmental compensation to allottees of 169 plots in Prasad Vihar Welfare Maintenance Society, AWHO-Roorkee Project through its President, Village Shikarpur, Landhoura, Roorkee, Uttarakhand.
It is stated in the application that Army Welfare Housing Organization (hereinafter referred to as ‘AWHO’) acquired 20.64 acres of land in 1987 in two pockets (Pocket-A & Pocket-B) near Roorkee Cantonment in State of Uttarakhand (then State of Uttar Pradesh). Pocket-A is of 15.84 acres having 124 plots of different dimensions in Village Shikarpur and Pocket-B having 45 plots near Village Landhoura, Roorkee, District Haridwar. These plots were sold to allottees and construction was done by allottees themselves. The housing colony (Pockets (A&B) were provided will all infrastructure in December, 1991 by AWHO comprising roads, water supply, sewage disposal, storm water drainage system, electricity supply, compound wall around both the pockets and also demarcation of plots was done by erecting corner pillar to demarcate the boundaries of individual plots. Sites for play grounds, social activities, nursery school, parks, overhead water tank, septic tank and shops were also earmarked. In all 169 plots were allotted to various army personnel in 1995 who started construction of their houses in both the pockets. Both the pockets are maintained by Resident Welfare Association (hereinafter referred to as ‘RWO’) constituted by the allottees of these plots as authorized/mandated by AWHO, HQ, New Delhi.
Applicant is a resident welfare association constituted by the allottees of the plots in 2017 and registered under Societies Registration Act, XXI of 1860. When construction activities in the project began, simultaneously, some industrial activities also started in the vicinity. The adjoining land was acquired by then State of U.P for developing industrial area through UP Industrial Development Corporation (hereinafter referred to as ‘UPIDC’), now kwon as State Infrastructure & Industrial Development Corporation Uttarakhand Ltd. (hereinafter referred to as ‘SIDCUL’) in 1997-98 without considering environmental impact on the already existing residential AWHO project of applicants. Industries run by R-2 to 5 are highly polluted and they are wrongly sited by State Government in 2005-06 adjoining site of AWHO Roorkee colony. The industry is producing 430 tones per day MS Ingots and billets and rerolling the same into various products emitting 1.97 tonnes per day pollutants in ambient air and generating 10.75 tonnes per day hazardous waste (slag). Industry has not any adopted cleaner technologies and does not have adequate pollution control measures to contain the air pollution.
R-2 expanded its operations gradually. Presently 5 units namely; Rana lspat Ltd., Rana Industries (I & II) and Radiant Bar Limited (Unit-1) and Radiant Bar Ltd. (Unit-2); called as Steel Industries are operational around-the-clock and emitting huge quantities of pollutants in the ambient air. The said Industries are producing MS Ingots and MS Billets by melting MS Scrap and Sponge Iron in 5 Induction Furnaces having total melting capacity of 43 Tonnes/Heat approx. and further producing MS Angles, Channel, T-Iron and Bar etc. from Ingots/Billets by installing re-heating furnaces and steel re-rolling mills in their premises. The names of the units, products and their air pollution sources are given in a chart as under:
“
SI
No.
Name of Unit
Products
Air Pollution Sources
1.
M/s Rana Ispat Ltd.
M . S Ingot
Induction Furnace ( 4Ton/Heat) 2 no.s
2.
M/s Rana Industries Ltd. Unit — I & II
MS Ingots/M S Angles
/Channels /T- Iron
Reheating Furnace * 01 Nos induction
furnace .( 5Ton /hr&03 Ton/hr*02 Nos Furnace 10 Ton
3.
M/s Radiant Bar , Unit - 1 & 11
MS lngots/M S Angles/ Billate
Induction furnace (15 Ton/Heat *01 Nos) Reheating Furnace * 01 Nos
Induction furnace (15 Ton/Heat *01 Nos
”
It is stated that industries are producing 430 Tonnes per day (1,56,950 TPA) MS Ingots/Billets by melting MS Scrap and Sponge lron in their Induction Furnaces and further processing it into MS Angles, Channel, T-Iron and Bar etc. by installing 2 Reheating Furnaces and Steel Rerolling Mills. Industries Polluting the Ambient Air by emitting atleast1720 kg ash per day (627.80 TPA) pollutants from their Inductions Furnaces, as during the process of melting of raw-material i.e., MS-Scrap along with Sponge lron generates. Atleast 4-6 kgs ash/pollutants per tonnes of raw-material get generated and 250 kg per day (87.5 TPA) pollutants from their re-heating furnaces. In this way, the industry is emitting pollutants in the Ambient Air @ 1.970TPD or 715.30 TPA.
As hazardous waste slag generated from the melting process of MS Scrap and Sponge Iron @ minimum 2.5%, it is estimated that the Industry is generating Slag @ 10.75 TPD (3923.75 TPA) and crushing/grinding the same for recovering iron out of it. The said Industry has installed such Crushers/Grinders adjacent to the common compound wall of applicants, During the process of crushing/grinding of slag, all the houses, along the compound wall, start shaking which has caused cracks/ deformities in the walls of these houses. the operation creates a hell of a noise pollution, unpleasant smell and clouds of fugitive emissions.
It is thus said that the respondents are causing massive air pollution during melting and reheating process as well as fugitive emissions and noise pollution during grinding process of slag. Due to rampant air and noise pollution the allotees of the society were/are not able to construct the houses in the society and very few houses have been constructed. Two houses constructed in the pocket B adjacent to the respondent no. 5 are left abandoned by the owners for the risk of the life threat caused by the red category hazardous petroleum industry next door.
In the application submitted by R-2 for CTE on 16.04.2015, it has falsely stated distance from residential area, shown as 2.5 kms though it is just adjacent and the information given is wrong. The applicants have been raising their grievance from time to time and nothing has been done by the authorities concerned. It is in these circumstances it is said that the CTE granted to the respondent and also CTO and consolidated consent application validation of R-2 to 5 be cancelled.
We find that admittedly CTE was given in 2015 and this has infact resulted in issuance of CTO long back. Learned counsel for the applicant could not dispute that a consent if granted under the provisions of the Water Act 1974 and Air Act 1981 is appealable but having not availed the said remedy, the orders have attained finality and now the same cannot be challenged by filing an O.A. For that purpose, O.A is not maintainable.
Moreover, it is not disputed that CTO, etc have also been issued long back and this application even otherwise is barred by limitation. Even if we treat this application as appeal, it is apparently barred by limitation.
Our attention is drawn to a notice dated 05.06.2020 issued by Regional Officer in-charge, UK State PCB (hereinafter referred to as ‘RO UK PCB’) to R-2 requiring it to comply following directions:
“1. Unit shall upgrade Air Pollution Control System (APCS) as size of fume collection hood. maintenance of fume suction system, dust collector & wet scrubber. Time bound action plan for the same shall be submitted to this office on priority basis.
Unit shall provide the secondary emission control system for fugitive emission which are not collected by fumes collection system.
Unit shall immediately remove the Crushing/Grinding equipment from the premises and shall ensure environment friendly disposal of sludge.
Unit shall provide extra planation in and around the units, particularly along the boundary wall towards Prasad Vihar Welfare Maintenance Society, AWHO, Landhora.
Unit shall increase the height of boundary wall in the side of Prasad Vihar Welfare Maintenance Society, AWHO, Lundhora.”
Learned counsel for the applicant contended that in the present time also, these industries are running and causing pollution by emitting hazardous gases polluting air and causing noise pollution but no action has been taken by the respondents.
We find that no specific allegation in this regard that the respondents are violating conditions of consents and are not operating units by taking all requisite steps provided under the consent conditions or under the provisions of Water Act 1974 and Air Act 1981 and other relevant environmental laws. It is true that on some aspects R-2 has been issued by RO UK PCB on 05.06.2020 but there is no averment in the application that R-2 has not shown compliance to the said direction contained in the letter dated 05.06.2020.
In these circumstances, we find that relief sought in this O.A are barred by limitation and even otherwise the OA is not maintainable.
So far as the grievance of the applicant with regard to continuity of violations are concerned, since the allegations are vague, in absence of specific averments, we do not find it appropriate to take further step from this side but observe that State PCB shall look into the matter, visit industrial sites of R-2 to 5 and if finds that there is any violation of environmental laws or norms, appropriate remedial and preventive action shall be taken immediately and in any case within two months.
With the above observations/directions, this original application is disposed of.
A copy of this order be forwarded to UK State PCB by email for compliance.