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2023 Supreme(Online)(NGT) 671
Item No.05 Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Appeal No.15/2023/EZ In the matter of: Khurshid Ahmed S/o Lt. Luqman Ahmed
180/1, G. T. Road, P.O. & P.S. – Shibpur, Howrah – 711102 …. Appellant(s)
Versus The West Bengal Pollution Control Board Through the Member Secretary, Department of Environment, Government of West Bengal, Paribesh Bhawan Building, 10A, Block LA, Sector III, Bidhannagar, Kolkata – 700106 …. Respondent(s)
Date of hearing: 19.07.2023 CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER For Appellant(s) : Mr. Prithvijoy Das, Advocate a/w Ms. Ishani Ghoshal, Advocate For Respondent(s) : Mr. Dipanjan Ghosh, Advocate a/w Mr. Prithwish Basu, Advocate
For the Petitioner: ISHANI GHOSAL
For the Respondent:
ORDER
1. Heard the learned Counsel for the Appellant as well as the Counsel appearing for the West Bengal Pollution Control Board.
2. The Appellant in the present Appeal is seeking quashing of the Order dated 11.04.2023 passed by the West Bengal Pollution Control Board whereby the Appellant unit has been directed to be closed with immediate effect.
3. The Appellant is stated to be carrying on operation of collecting waste copper items which, when mixed with nitric acid, produces copper-
nitrate (sky blue colour liquid) and this liquid is then poured into a tank where waste iron is mixed with the liquid. It is stated that after sedimentation, pure copper is collected from the tank leaving behind the iron-nitrate solution and this iron-nitrate solution is then stated to be collected in large jars and sold to small scale industries for the purpose of weighting silks, tanning, fertilizers etc.
4. According to the Appellant, during inspection carried out by the West Bengal Pollution Control Board an orangish-yellow colour was observed at the point where the effluent discharges through Ramkrishna ferry ghat drain into the Hooghly river. When the drain was traced back for a distance of approx. 300 mtr., it was observed that it is an open channel prior to Foreshore Road and thereafter, there is an underground sewer line for rest of the distance till it meets the river.
5. It is stated that the area on both sides of the underground drain and sewer consists of mixed activities mainly by warehouses, industrial activities and some residences along with khatal. The land is stated to be owned by the Kolkata Port Trust and is being used for industrial activities.
6. It is stated that the State Board inspected some other units including the unit of the Appellant and found that all the units are operating in the area of Howrah Municipal Corporation without having any Consent to Establish (CTE) and Consent to Operate (CTO) of the State Board.
7. The Inspection Report of an inspection carried out by the State Pollution Control Board is contained in the impugned order of 11.04.2023 itself, copy of which has been filed as Annexure ‘P-1’ to the memo of Appeal. The Inspection Report reads as under:-
“Sl. No.
Name & address of the unit
Type of activity
Remarks
1.
M/s. Ambay Engineering located at 5 no. Mollick Ghat Road, P.O. & P.S.- Howrah, Pin-711101
The unit is engaged in fabrication of aliminium ladders and anodizing aluminium channels. Some of the activities were going on during inspection.
The unit is operating since 10-12 years ago as informed by Shri Sukumar Das, Manager of the unit.
2.
M/s. Janbazar Aluminium located at 5 no. Mollick Ghat Road, P.O. & P.S.-Howrah, Pin-711101
The unit is engaged in fabrication of aliminium ladders and anodizing aluminium channels. During inspection the unit was closed under lock and key.
3.
M/s. Salasar Aluminium located at 15 nos. Charaghat 2nd bye lane, Road, P.O. & P.S.-Howrah, Pin- 711101
The unit is engaged in fabrication of aliminium ladders and anodizing aluminium channels. Some of the activities were going on during inspection.
The unit is operating since November 2022 as informed by Shri Sanjay Pandey, Manager of the unit.
4.
Unit run by Khurshid Ahmed located at 9 no. Mollick Ghat Road, P.O. & P.S.-Howrah, Pin-711101
The unit is engaged in manufacturing of copper materials. Some of the activities were going on during inspection.
The unit is operating since 22-23 years ago as informed by Shahnowaz Ahmed, worker of the unit.
5.
Unit of Haji Jibrial Ansari located at 1 no. Mollick Ghat Road, P.O. & P.S.-Howrah, Pin-711101
The unit is engaged in manufacturing pure copper from waste copper materials. Some of the activities were going on during inspection.
The unit is operating since November 2020 as informed by Haj
