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2021 Supreme(Online)(NGT) 521
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Adarsh Kumar Goel, CJ, Sudhir Agarwal, J, Brijesh Sethi, J, Nagin Nanda, ACJ
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:
For the Respondents: Pradeep Misra, Daleep Dhyani, Meenakshi Arora, Anubhav Anand Arora
The industrial unit must comply with environmental quality norms to safeguard public health, with specific measures mandated for pollution control.
Headnote:(A) Environmental Protection - Air (Prevention and Control of Pollution) Act, 1981 - Allegations of pollution from industrial units adversely affecting public health - Direction issued for compliance and adherence to pollution norms - The industrial unit reported measures taken for pollution control in handling raw materials. (Paras 1-5)
(B) Remedial Measures - Industry directed to maintain air quality according to prescribed norms with specific measures such as covering conveyor belts and ensuring dust control to protect nearby schools from pollution. (Paras 2-5)
Facts of the case:
The National Green Tribunal addressed pollution concerns linked to M/s Dhampur Sugar Mills affecting surrounding communities, particularly students, leading to health issues documented by health examinations.
Findings of Court:
The Tribunal noted compliance efforts by the industrial unit including installation of pollution control measures, while urging ongoing monitoring of air quality post-industrial operations.
Issues: The Tribunal assessed whether sufficient measures were taken to mitigate pollution and protect local health.
Ratio Decidendi: The Tribunal concluded that the industrial unit must strictly adhere to environmental regulations to safeguard public health, allowing parties to seek further remedies if required.
Result: The application is disposed of.
| Table of Content |
|---|
| 1. pollution from industry affects public health. (Para 1 , 2) |
| 2. compliance with pollution control directives is critical. (Para 3 , 4) |
| 3. tribunal enforces compliance and finalizes the order. (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 assess and recover compensation for violation of environ
