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2024 Supreme(Online)(NGT) 578
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, Judicial Member, Arun Kumar Verma, Expert Member
Kartik Majumdar – Appellant
Versus
Department of Environment – Respondent
Original Application No.120/2023/EZ
For the Applicant(s): Ms. Paushali Banerjee
For the Respondent(s): Mr. Sibojyoti Chakraborty, Mr. Dipanjan Ghosh, Mr. Apurba Ghosh, Mr. Krishendu Bera, Mr. Rajib Ray
Stone crushing units outside eco-sensitive zones must strictly comply with fugitive dust control guidelines; non-compliance triggers re-inspection and environmental compensation by pollution board.
Headnote:(A) Environmental Protection Laws - Stone crushing units - Operation outside eco-sensitive zone upheld (approx. 7.62 km distance) - Non-compliance with fugitive dust control measures noted including uncovered primary crushers, conveyor belts, absence of bag filters, wind breaking walls, metalled roads, automated water sprinkling, green belt (33% mandated), display board, telescopic chutes, enclosed dust storage - Unit directed to comply with inspection report remarks by 31.10.2024; re-inspection mandated; environmental compensation if non-compliant - Environmental clearance requirement stayed per Supreme Court interim order pending scientific study. (Paras 11, 17-21, 25)
(B) Pollution Control - Consent to operate valid till 31.01.2028 under orange category - Guidelines for dust suppression mandatory: enclosure of crushers, water sprinkling systems, covered conveyors, vegetation, housekeeping - Compliance verification by pollution control board essential. (Paras 20, 22)
Facts of the case:
Application alleging illegal stone crushing operations in eco-sensitive zone causing air pollution via dust from crushing, drilling, transportation - Inspection confirmed location outside zone but multiple violations of dust control norms; unit claimed safety measures but report belied assertions.
Findings of Court:
Unit not in prohibited zone; holds valid consent; must rectify specified non-compliances including green belt development within three months; pollution board to re-inspect and impose compensation if needed.
Issues: Whether unit operates in eco-sensitive zone; adequacy of pollution control measures; requirement of environment clearance.
Ratio Decidendi: Operations permissible outside eco-sensitive areas with valid consents subject to strict adherence to dust emission guidelines; regulatory bodies must enforce compliance through inspections and penalties; environment clearance issue sub-judice before higher court.
Result: Original Application disposed with compliance directions.
| Table of Content |
|---|
| 1. stone crushing in esz causes air pollution. (Para 2 , 3 , 4 , 5) |
| 2. committee inspection reveals pollution non-compliance. (Para 6 , 7 , 11) |
| 3. consents required; no eia for stone crushing. (Para 8 , 9 , 10) |
| 4. unit outside esz with consents and measures. (Para 12 , 13 , 14) |
| 5. unit complies location but violates dust controls. (Para 15 , 16 , 17 , 18 , 19 , 20) |
| 6. mandate green belt and cpcb guidelines. (Para 21 , 22) |
| 7. ec requirement pending supreme court decision. (Para 23 , 24 , 26) |
| 8. direct compliance and re-inspection by wbpcb. (Para 25) |
ORDER
1. Ms. Paushali Banerjee, learned Counsel is present (in Virtual Mode)for the Applicant.
2. The allegation in the present Original Application is that the Respondent No.5, Santosh Srivastav, is involved in the stone mining and stone crushing business in the Eco-Sensitive Zone of Mahananda Wildlife Sanctuary. The Respondent No.5 is alleged to be operating a Stone Crushing Unit in violation of the environmental laws.
3. The allegation further is that the Respondent No.5 is a resident of Panchkhol Guri Village in Jalpaiguri District of West Bengal, which is one of the villages falling under the Eco-sensitive Zone of Mahananda Wildlife Sanctuary near Balason river.
4. It is also alleged that the Stone Crushing Unit is causing severe air pollution due to the dust which is rising in the course of its mining operations of stone crusher including crushing, drilling, loading and hauling which are all primary sources of pollutants. It is also stated that the Stone Crusher Unit uses machines such as -Jaw Crushers, Roller Crusher, Cone Crushers, Impactor, Rotopactor etc. which create immense amount of dust. It is stated that the stone chips are thereafter transported through heavy vehicles which causes fugitive dust emissions.
5. It is also stated that the Central Pollution Control Board in Original Application No.304/2019 had submitted a Report regarding distance criteria to be maintained by Stone Quarries which requires minimum distance of 200 meters from inhabited sites to be maintained when blasting is involved. The regulations for danger zone of 500 meters prescribed by the Directorate General of Mines Safety has also to be complied compulsorily.
6. At the time of admission, the Tribunal constituted a Committee comprising of the following Members:-
i) Senior Scientist/Environmental Engineer, West Bengal Pollution Control Board;
ii) Senior Scientist, Central Pollution Control Board;
iii) Representative of the District Magistrate, Jalpaiguri, not below the rank of Additional District Magistrate (ADM); and iv) Senior Geologist, Directorate of Mines and Minerals, Government of West Bengal.
7. The Committee was directed to visit the site in question and submit its Report with regard to the allegations made in the Original Application within three weeks.
8. The Ministry of Environment, Forests and Climate Change, Respondent No.4, has filed affidavit dated 20.02.2024, stating that stone crushing units should operate only after obtaining Consent to Establish and Consent to Operate from the concerned State Pollution Control Boards and Pollution Control Committees as per the provisions of the Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act,1981, and should meet the conditions and consents laid down in the Consent to Establish and Consent to Operate.
9. In the affidavit, it is also stated that the Eco-Sensitive Zone around the Mahananda Wildlife Sanctuary of West Bengal has been notified vide Notification No. S.O. 3237 (E) on 22.09.2020 wherein commercial mining, stone quarrying and crushing units are listed as prescribed activity within the Eco-Sensitive Zone.
10. It is also stated that the stone crushing activity is not listed in the Schedule of Environment Impact Assessment (EIA) Notification, 2006, as amended from time to time. Reference has been made to the Ministry of Environment, Forests and Climate Change Office Memorandum dated 22
