NGT mandates remediation opportunity before closure for environmental violations; post-compliance, imposes compensation for past pollution to fund restoration while disposing application.

ORDER

1. This Original Application under Section 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) has been registered by exercising suo-moto jurisdiction taking cognizance of complaint made by the applicant in person that respondent 1, M/s J.R. Group Power Automobile is operating in Sector 7, HSIIDC, IMT, Bawal causing air pollution which is resulting in breathing problems and ailments to the residents of the locality.

2. Tribunal took cognizance of complaint on 08.11.2023 and order to verify facts by constituting a Joint Committee comprising \representatives of CPCB, State PCB and Deputy Commissioner, Rewari. The Committee was directed to visit the site, collect relevant information, look into the grievances of the applicant, associate the applicant and representative of project proponent, and submit the factual report.

3. Initially an interim report dated 13.02.2024 was filed by the Joint Committee observing that there are three potential sources responsible for volatile organic pollutants causing smell and breathing problems and the same are as under:

(i). Paint Shop Exhaust with water Droplets

(ii). Unscientific Storage of Paint Sludge, a hazardous waste, and

(iii). Effluent Treatment Plant Sludge, another hazardous waste.

4. Report further stated that plastic reject being reused in production of plastic automobile parts, lying outside the controlled area and open space resulting in blocking free and safe passage mandatorily required to be maintained by the proponent to avoid fire hazard. Committee also observed that Ambient Air Quality Monitoring for Benzene (Gaseous phase), Benzo-a-pyrene, Nickel (NI), Arsenic (Ar), Lead (Pb) be undertaken to establish that volatile emissions are released during the industrial operation along with heavy metal.

5. Respondent 1 filed reply dated 14.02.2024, denying all the allegations and stating that it is operating industrial unit strictly in accordance with rules and without flouting any environmental norms and laws. However, with regard to Ambient Air Quality, no test report was placed on record to show that no air pollution was being caused by it.

6. Respondent 3 later on submitted a detailed Action taken Report dated 03.04.2024 stated that monitoring of ambient air quality was carried out on 01.03.2024 and 05.03.2024 by a Laboratory recognized under Environment Protection Act, 1986 (hereinafter referred to as ‘EP Act, 1986’) and engaged by respondent 3- HSPCB. Monitoring was carried at three locations each inside (at point A, B and C) and outside (at point D, E and F) of premises of proponent. Analytical results of ambient air quality monitoring are given in the form of chart in para 2 (ii) and further observations are given in para 2 (iii) & (iv) which are reproduced as under:

“(ii). The analytical results of the ambient air quality monitoring are tabulated below:-

Location A ( Near Main Gate No.2 and paint booth exhaust)

Location B (Near Cooling Tower)

Location C (Near Scrap Yard A