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2021 Supreme(Online)(NGT) 110
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Adarsh Kumar Goel, CJ, Sudhir Agarwal, J, Brijesh Sethi, J, Nagin Nanda, EM
Priyanka Modern Sr. Secondary School – Appellant
Versus
Uttar Pradesh Pollution Control Board – Respondent
Original Application No. 1007/2019| I.A. No. 248/2020| I.A. No. 249/2020
For the Appellants/Petitioners: Not stated
For the Respondents: Mr. Pradeep Misra, Mr. Daleep Dhyani, Ms. Meenakshi Arora, Ms. Anubhav Anand Arora
Industrial units must comply with environmental norms to safeguard public health, with penalties imposed for violations.
Headnote:(A) Air (Prevention and Control of Pollution) Act, 1981 - Section 31(A) - Pollution by industrial unit impacting public health - Tribunal directed compliance for environmental protection and monitoring of air quality due to alleged health impacts on students and surrounding villagers - Steps to mitigate pollution were mandated including covering conveyor belts and enhancing air control systems. (Paras 1, 2, 4, 5)
(B) Environmental norms compliance - Inspection reports by UPPCB highlighted emissions exceeding standards, leading to directions for remediation and monitoring - Environmental compensation imposed on the industrial unit for prior violations. (Paras 2, 3)
Facts of the case:
Allegations of pollution by M/s Dhampur Sugar Mills adversely impacting the health of students in adjacent Priyanka Modern Sr. Secondary School, supported by health screening results showing various ailments. The Tribunal directed the State PCB to ensure compliance with environmental norms and imposed penalties for prior violations.
Findings of Court:
The Tribunal upheld compliance of pollution control measures should be verified, particularly upon resumption of operations. The importance of ensuring no adverse health impacts on the community was affirmed.
Issues: The key issues revolved around the necessity for compliance with environmental degradation, health impacts on students and villagers, and the effectiveness of pollution control measures.
Ratio Decidendi: The Tribunal established that industrial units must adhere strictly to environmental norms to ensure public health safety, and any lapses may necessitate monetary penalties and stringent oversight.
Result: The application is disposed of.
| Table of Content |
|---|
| 1. pollution impact assessments required. (Para 1 , 2) |
| 2. mandatory compliance monitoring by state authorities. (Para 3) |
| 3. strict adherence to environmental regulations essential. (Para 4) |
| 4. tribunal directives for environmental compliance followed. (Para 5) |
ORDER
1. A report was sought from the State PCB and the District Magistrate, Bijnor with reference to the allegation of pollution caused by operation of distillery unit of M/s Dhampur Sugar Mills in District Bijnor, Uttar Pradesh, adversely affecting public health.
2. The matter was last considered on 04.08.2020 in the light of the report of the joint Committee dated 24.01.2020 to the effect that industrial unit in question had not taken requisite measures to control the air pollution caused by transportation and handling of raw material. The Tribunal accordingly directed remedial measures for future and action for the past violations. The operative part of the order is reproduced below:-
“1…..xxx…………………………….xxx…………………………………xxx
2. Accordingly, a joint report has been filed by the State PCB on 24.01.2020 finding that value of Respiratory Suspended Particulate Matter (RSPM) within the industrial premises and the adjacent Priyanka Modern Sr. Secondary School were more than the prescribed norms inter alia due to handling of bagasse, heavy vehicular movement and fly ash handling in the industry near Priyanka Modern School. Extracts from the report are as follows:
“Regarding the health of students in Priyanka Modem School Dhampur, Bijnor and the health of villagers nearby industry, a letter dated 14.01.2020 has been received in this office from CMO Bijnor (Copy is annexed as Annexure-9). According to the letter, health check-up of 75 students of Priyanka College of Professional Education, 3010 students of Priyanka Sr. Secondary School, Priyanka College of Medical Science & Research Center and 155 villagers has been done. Disease of students and villagers is classified as below:
Health Examination result of Priyanka College of Professional Education (75 Students)-
1) Irritation in eyes found in 18 students.
2) Respiratory disease found in 1 student (Upper Respiratory Tract Infection)
3) Headache found in 3 students.
4) Cough found in 4 students.
5) Abdominal pain found in 1 student.
6) Body ache found in 1 student.
Health Examination result of Priyanka Sr. Secondary School and Priyanka College of Medical Science &
Research Center (3010 Students)
1) Irritation in eyes found in 12 students.
2) Dysponea (Respiratory problem) found in 3 students.
3) Headache found in 1 student.
4) Allergy found in 1 student.
Health Examination result of Villagers (155), nearby Industry
1) Eye irritation found in 6 villagers.
…. ….. …..
The inspection team issued following directions:-
1. The operation and maintenance of air pollution control systems should be ensured by the industry in such a way so that the ambient air quality remains in accordance with the prescribed norms.
2. The industry should make permanent wall/structure of adequate height and automatic water sprinkler etc. to ensure dust control towards the Priyanka Modem School.
3. The conveyor belts of bagasse should be kept 100 percent covered, so that dust emission from this source may be maintained with in prescribed limits.
4. The vehicles carrying fuel (bagasse) in the industry premise should be covered with green net /cloths.
5. It should be ensured by the industry that proper water sprinkling on the bagasse is to be done in such a way so that ambient air quality may be with in prescribed limits.
6. Unit should be develop dense Green Belt of tree towards Priyanka Modern school boundary.
7. Industry should be operate in such a manner so that there is no adverse impact on the environment and public health in surrounding.”
3. Learned counsel for the State PCB states that compliance of directions issued to the industrial unit is being monitored.
4. Let the State PCB ensure compliance of the directions issued to the industrial unit. The State PCB may also
