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2024 Supreme(Online)(NGT) 2882
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Sudhir Agarwal, Judicial Member, Afroz Ahmad, Expert Member
Sandeep – Appellant
Versus
JR Group Power Automobile India Pvt. Ltd – Respondent
Original Application No.684/2023
For the Appellants/Petitioners: Applicant in person
For the Respondents: Ms. Priyanka Swami, Mr. Sanket Gupta, Mr. Anand Awasthi, Mr. Dhiranjan Ojha, Mr. Shlok Mittal, Ms. Shivani Pandey, Mr. Shivam Singh, Mr. Rahul Khurana, Mr. Srinivas Vishven
Industrial air pollution violations confirmed; remedial compliance achieved; environmental compensation mandated for past breaches to fund restoration, ensuring natural justice and ongoing monitoring.
Headnote:(A) National Green Tribunal Act, 2010 - Sections 14 and 15 - Air (Prevention and Control of Pollution) Act, 1981 - Sections 21, 22, 26, 31A - Water (Prevention and Control of Pollution) Act, 1974 - Sections 24, 33A, 43 - Environment (Protection) Act, 1986 - Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 - Plastic Waste Management Rules, 2016 - Air pollution from industrial operations emitting benzene, heavy metals, volatile organic compounds - Unscientific storage of hazardous wastes like paint sludge and effluent treatment plant sludge causing obstruction and fire hazard - Joint Committee reports confirming violations with ambient air quality exceeding parameters at multiple locations - Industry directed to implement remedial measures including increased stack height, additional spray nozzles, proper waste storage, agreements with authorized recyclers - Post-compliance verification showing parameters within limits - Environmental compensation for past violations to be imposed after hearing, utilized for remediation. (Paras 3, 6, 7, 8, 11, 12, 14)
(B) Principles of natural justice - Opportunity to project proponent to respond and remedy violations before closure - Compliance monitored through fresh inspections and air quality tests - Performance security deposit and safety audits recommended. (Paras 8, 10)
Facts of the case:
Suo-moto cognizance taken on complaint of air pollution causing health issues from automobile manufacturing unit involving paint shop emissions, hazardous waste mismanagement. Joint Committee identified sources of volatile pollutants, unscientific storage blocking passages. Air monitoring showed exceedances inside and near premises. Unit responded with remedial actions verified by regulatory authority.
Findings of Court:
Ambient air quality now within permissible limits post-remedial measures. Past violations established requiring environmental compensation of recommended amount, process to be completed within two months after hearing. Compensation for restoration by Joint Committee within specified timelines.
Issues: Whether industrial emissions violated air quality standards; adequacy of remedial measures; imposition and utilization of environmental compensation for past violations.
Ratio Decidendi: Tribunal upheld Joint Committee findings of violations but granted opportunity for compliance per natural justice, directing verification and compensation for remediation, emphasizing continuous monitoring and proper waste management to prevent health and environmental harm.
Result: Original Application disposed of with directions.
| Table of Content |
|---|
| 1. suo-moto cognizance of air pollution complaint (Para 1 , 2) |
| 2. joint committee identifies pollution sources (Para 3 , 4) |
| 3. initial air quality exceedances confirmed (Para 5 , 6) |
| 4. remedial measures ordered pre-closure (Para 7 , 8 , 9) |
| 5. proponent claims compliance via consultants (Para 10) |
| 6. verification confirms waste management improvements (Para 11) |
| 7. air quality now within permissible limits (Para 12) |
| 8. environmental compensation for past violations (Para 13 , 14 , 15 , 16) |
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)
| Parameters Unit | Standa rd Limits | Results | Results after applying Coefficient of Correction | |
| Nickel (N) | mg/m3 | 20 | 15.44 | 20.55 |
| Arsenic ( As) | mg/m3 | 06 | 5.97 | 7.94 |
| Benzo ( a) Pyrene (BaP) | mg/m3 | 01 | BDL | - |
| Lead ( Pb) | mg/m3 | 1.0 | 0.39 | 0.51 |
| Benzene as C6H6 | mg/m3 | 05 | 05.90 | 7.85 |
Location B (Near Cooling Tower)
| Parameters Unit | Stand ard Limits | Results | Results after applying Coefficient of Correction | |
| Nickel (N) | mg/m3 | 20 | 7.25 | 9.64 |
| Arsenic ( As) | mg/m3 | 06 | 5.61 | 7.46 |
| Benzo ( a) Pyrene (BaP) | mg/m3 | 01 | BDL | - |
| Lead ( Pb) | mg/m3 | 1.0 | 0.27 | 0.35 |
| Benzene as C6H6 | mg/m3 | 05 | 3.88 | 5.16 |
Location C (Near Scrap Yard Areas)
| Parameters Unit | Standar | |||
