Vinod Kumar Jangra vs State Of Haryana And Others

The issue for consideration is the remedial action for enforcement of the environmental norms under the Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974 in District Charkhi Dadri on account of operation of stone crushers. According to the RTI response of Haryana State PCB to the applicant dated 18.06.2019, 260 stone crushers are in operation in the District Charkhi Dadri.

This Tribunal considered the matter in the light of the report furnished on 11.02.2019 and 24.04.2019 by the State PCB about the ground situation. On both the occasions, the reports were not found to be satisfactory. Vide order dated 25.04.2019, the Tribunal directed the Chief Secretary, Haryana to look into the matter including the conduct of the officers involved in giving reports and the failure of the State PCB.

The report of the Chief Secretary dated 02.08.2019 is that the matter was taken up with the Deputy Commissioner and the State PCB who reported that action has been taken against illegal and non-compliant stone crushers. Nineteen stone crushers were closed and action against twelve was in process. The report does not appear to be based on correct information in view of what has transpired during the course of hearing today. Even the officer of the State PCB from the ground level, who claims to have recently joined, has admitted that there is air pollution and no monitoring mechanism nor any monitoring equipment. In the area.

In view of above, the Chief Secretary may take action against the persons giving false information and ensure that ground level action is taken to monitor the air quality and preventing pollution. For the purpose, carrying capacity assessment of the area may be done and credible monitoring mechanism established which does not appear to be in existence at this moment. The polluting activities may be closed, prosecution initiated against the polluters and environmental compensation assessed and recovered. The siting criteria should also take care of inter-se location apart from distance from the habitation. These steps are necessary for enforcement of law as well as public health of the inhabitants suffering from air pollution. Further compliance report may be filed by the Chief Secretary before the next date of hearing.

We also direct the CPCB to constitute a three member team to visit the area and give composite report on the subject of air pollution as well as siting of the stone crushers and their approximate numbers. The CPCB may direct establishment of sufficient number of air quality monitoring stations at suitable locations and review the effectiveness thereof at the suitable intervals. Existence and efficacy of pollution control devices of individual stone crusher may also be assessed. Online computerized continuous air quality monitoring stations may be set up wherever necessary. The Deputy Commissioner, Charkhi Dadri may extend all necessary help to the team of CPCB. The Superintendent of Police may provide necessary security for the purpose. The State PCB may also provide such assistance as may be necessary.

A copy of this order be sent to the CPCB, State PCB, Deputy Commissioner and S.P. Charkhi Dadri and the Chief Secretary, Haryana by email.

List for further consideration on 13.12.2019.