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2024 Supreme(Online)(NGT) 415
BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA ............
ORIGINAL APPLICATION No.96/2023/EZ IN THE MATTER OF:
Md. Altaf, S/o Md. Habib, At Premise No.239, Belilious Road, P.S. and District-Howrah, Pin – 711101, ....Applicant(s)
Versus
1. State of West Bengal, Through the Principal Secretary, Department of Environment, Government of West Bengal, 2. The District Magistrate, Howrah, 3rd Floor, New Collectorate Building, 6, Rishi Bankim Chandra Road, P.O.+P.S.+District-Howrah, Pin – 711101, 3. Officer-in-Charge, Howrah Police Station, 4. Member Secretary, West Bengal Pollution Control Board, 5. The State Environment Impact Assessment Authority (SEIAA), West Bengal, 6. The Municipal Commissioner, Howrah Municipal Corporation, 7. Md. Mukhtar Khan alias Dulara, S/o Late Mushtaque Khan, At Premises No.239, Belilious Road, Police Station and District-Howrah, Pin – 711101, 8. Mr. Maheboob Khan, 239, Belilious Road, P.S.-Howrah, Pin – 711101, ....Respondent(s)
COUNSEL FOR APPLICANT(S):
None COUNSEL FOR RESPONDENT(S) :
Mr. Sibojyoti Chakraborty, Advocate for R- 1-3, Ms. Mahasweta Pramanik, Advocate for R-4, Mr. Dipanjan Ghosh, Advocate for R-5, Ms. Amrita Pandey, Advocate for R-6, Mr. Vivek Kumar Tripathi, Advocate for R-7, Mr. Mohammed Arif, Advocate a/w Mr. Ataul Mustafa, Advocate for R-8,
JUDGMENT
PRESENT:
HON’BLE MR. JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER)
HON’BLE Dr. ARUN KUMAR VERMA (EXPERT MEMBER)
__________________________________________________________________
Reserved On:- February 12th, 2024 Pronounce On:- March 04th, 2024 __________________________________________________________________
1. Whether the Judgment is allowed to be published on the net? Yes
2. Whether the Judgment is allowed to be published in the NGT Reporter? Yes We have hard the learned Counsel for the parties and perused the documents on record.
2. The present Original Application has been initiated suo motu by the Tribunal on the basis of a complaint letter sent to the office of the Tribunal by one Md. Altaf, alleging that one Mukhtar Khan alias Dulara, son of Late Mushtaque Khan, residing at premises No.239, Belilious Road, Police Station and District Howrah – 711101, is operating an acid polishing/plating workshop in the ground floor at Premises No.239, Belilious Road, Police Station and District Howrah – 711101.
3. It is alleged that the said plant during its operation is releasing life threatening gases in the locality and the Project Proponent is also disposing of all the used acid water produced as a by-product of the acid polishing /plating operation, in the drainage system of the Howrah Municipal Corporation which then mixes with drain water forming a chemical reaction. It is alleged that such activity can cause chronic health issues and respiratory problem, eye irritation and other maladies from exposure to the toxic gases being released in the said workshop.
4. Notices were issued to the Respondent No.7, Mukhtar Khan alias Dulara.
5. The Tribunal also constituted a Committee comprising of the following Members:-
i. Senior Scientist, West Bengal State Pollution Control Board.
ii.
District Magistrate, Howrah, or his nominee not below the rank of Additional District Magistrate (ADM)
6. The Committee was directed to visit the site in question and cause an inspection to be done within fifteen days and submit its report.
7. Affidavit dated 27.09.2023 has been filed by the West Bengal Pollution Control Board, Respondent No.4, bringing on record an Inspection Report of an inspection carried out on 07.09.2023. The Inspection Report reads as under:-
“Report of the Committee constituted in the matter of Original Application No.96/2023/EZ by the Hon’ble (Eastern Zone Bench, Kolkata) date 28.08.2023 The Hon’ble National Green Tribunal, Eastern Zone Bench constituted a Committee comprising Senior Scientist, WBPCB, and District Magistrate, Howrah or his nominee not below the rank of Additional District Magistrate, Howrah. The West Bengal Pollution Control Board has been directed to act as the nodal agency for all logistic purposes.
Pursuant to the order of the Hon’ble NGT, the Committee comprising the following members was constituted as per nominations received from the participating departments/offices.
1. Sri Azar Zir, Additional District Magistrate (Dev.), Howrah
2. Sri Bhim Tikader, Asst. Environmental Engineer, Howrah Regional Office, WBPCB, The members of the committee carried out the site visit on
07.09.2023.
Observations:
During inspection on 07.09.2023 it was observed that the unit is situated in the ground floor of G+5 storied residential building located in a congested residential cum commercial area. The area of the unit was found to be about 2000 sq. ft. The unit is engaged in manufacturing HT/LT overhead line materials by using drill machines, thread cutting machines, thread cutting machine and punching machine. The manufacturing process involves jobbing and machining, assembling of HT/LT overhead line materials.
It was informed to the Committee that previously an inspection had been carried out at the unit on 11.08.2023 in connection with W.P.A (P) No. 423 of 2023 of the Hon’ble High Court, Calcutta, by a team of officials. At the time of the previous inspection, it was observed that the unit was involved in jobbing and machining, acid
