Hot mix plants must comply with strict siting criteria, emission standards, and pollution controls per MoEF&CC notification; past violations attract environmental compensation; prior bans on urban operations to be enforced with cleaner alternatives.

ORDER

1. Mr. Ankur Sharma, the Applicant, is present in person.

2. This Original Application has been filed by the Applicant alleging that within the Howrah Municipal Corporation, Hot Mix Plants are in operation near ‘Dalal Pukur’ on Mahendra Bhattacharya Road, which is an extension of N. S. Road close to the house of the Applicant. It is stated that a new layer of asphalt has been applied on a small stretch of N. S. Road within the jurisdiction of the Howrah Police Station using Hot Mix technology.

3. It is further stated that on 19.07.2023 the Applicant noticed that hot mix asphalt was being brought on polluting three wheelers and was being laid on a stretch of the said Road and on enquiry it was informed that reconstruction of N. S. Road is being carried out and a Hot Mix Plant has been set-up near ‘Dalal Pukur’ on Mahendra Bhattacharya Road being the extension of N. S. Road.

4. It is stated that the Applicant thereafter rushed to Dalal Pukur and noticed a huge Hot Mix Plant had been set-up near the lake emitting thick black smoke in which plastic and wood were being used as fuel. The name of the contractor was not available anywhere through any display board to show that he has been engaged by the Howrah Municipal Corporation.

5. It is further stated that on 11.12.2022 while passing along Deshpran Shasmal/Panchanantala Road, Howrah, the Applicant noticed that gross pollution was being caused out by the Howrah Municipal Corporation due to the use of Hot Mix Plant emitting thick black smoke which was causing considerable air pollution in the area.

6. It is stated that thereafter the Applicant sent a complaint vide e-mail dated 20.07.2023 at 10:45 hours (Annexure-P-2 to the Original Application), to the Commissioner, Howrah Municipal Corporation and the West Bengal Pollution Control Board, but no action has been taken till date. It is also stated that another complaint letter vide e-mail dated 12.12.2022 at 11:45 PM was sent by the Applicant to the Commissioner, Howrah Municipal Corporation, copy of which has been filed at page no. 27 of the paper book. Photographs have also been filed as Annexure-P-1 & P-2 (page nos. 18, 19, 20, 21, 24 & 26) to the Original Application.

7. The Applicant has also referred to the directions given by the Tribunal in its order dated 02.05.2022 passed in Original Application No.171/2016/EZ with M.A. No. 57/2018/EZ (Subhas Dutta Vs. State of West Bengal & Ors.), wherein the Tribunal had taken note of emissions emerging from Hot Mix Plants. Para 13 of the order reads as under:-

“13. Kolkata - Howrah twin Cities (in KMDA) are included in the nonattainment cities (NACs). They are required to execute Clean Air Action Plan, 2020 under NCAP which includes identification sources contributing to air pollution. The relevant information particularly relating to Hot Mix Plants with reference to short and medium term actions are given:

“1.5 Hot-mix plants for road construction and cement batching Kolkata Municipal Corporation, as well as the Kolkata Metropolitan Development Area have been witnessing a boom. Greenfield projects, in terms of commercial, residential and mixed land-use area development, as well as expansion of existing areas has led to the intensive increase in emissions emerging from concrete batching as well as from asphalt mixing plants, known as hot-mix plants.

The Eastern Zone bench of the NGT took notice of the emissions emerging from these hot-mix plants, and in a series of or