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2024 Supreme(Online)(NGT) 2994
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): Paushali Banerjee
For the Respondent(s): Sibojyoti Chakraborty, Dipanjan Ghosh, Apurba Ghosh, Krishendu Bera, Rajib Ray
Stone crushing units must comply with CPCB guidelines on dust suppression and SPCB consents; violations attract compensation; eco-zone location verified by inspection; EIA requirement pending Supreme Court.
Headnote:(A) Environmental Laws - Stone Crushing Units - Air (Prevention and Control of Pollution) Act, 1981; Water (Prevention and Control of Pollution) Act, 1974 - Consent to Establish and Consent to Operate mandatory from State Pollution Control Boards - Units in 'Orange' category must comply with pollution control measures including dust suppression systems, wind breaking walls, metalled roads, green belt development (33% of open area), water sprinkling, covered crushers, settling tanks for water recycling, and display boards - Non-compliance attracts environmental compensation - Operation outside eco-sensitive zone confirmed via inspection report, distance measured at approx. 7.62 km - Environmental Clearance requirement pending Supreme Court decision, currently in abeyance - CPCB Guidelines (July 2023) mandate specific measures to suppress fugitive dust emissions from crushing, screening, transportation (Paras 8-12, 16-22).
(B) National Green Tribunal Procedure - Site inspection by joint committee essential to verify allegations of violations - Tribunal directs compliance with inspection findings and SPCB remarks within timelines, failing which recovery of compensation - Abide by higher court orders on regulatory aspects like EIA scheduling (Paras 6-7, 20, 25-26).
Facts of the case:
Applicant alleged illegal stone crushing operations in eco-sensitive zone causing air pollution via dust from crushing, drilling, loading, and transportation. Respondent claimed valid consents, land conversion, dust control measures, and location outside eco-sensitive zone. Joint inspection report confirmed location outside zone but multiple non-compliances with pollution controls.
Findings of Court:
Unit outside eco-sensitive zone; possesses valid Consent to Operate till 31.01.2028; significant deficiencies in dust suppression, green belt, infrastructure per inspection report and CPCB guidelines. Directions issued for compliance by 31.10.2024, re-inspection by 07.11.2024, failing which environmental compensation to be levied.
Issues: Whether stone crushing unit operates in eco-sensitive zone; compliance with pollution control norms and consents; requirement of environmental clearance; enforcement of CPCB guidelines.
Ratio Decidendi: Stone crushing units must strictly implement CPCB environmental guidelines and SPCB consent conditions to control fugitive dust, irrespective of eco-sensitive zone location; Tribunal enforces via time-bound compliance and compensation for violations; regulatory questions like EIA deferred to Supreme Court.
Result: Original Application disposed with directions for compliance; no costs.
| Table of Content |
|---|
| 1. stone crushing in eco-sensitive zone causes air pollution (Para 2 , 3 , 4 , 5) |
| 2. tribunal committee inspection verifies site compliance (Para 6 , 7 , 11) |
| 3. consents and guidelines required for stone crushers (Para 8 , 9 , 10 , 22) |
| 4. unit claims compliance outside eco-zone (Para 12 , 13 , 14) |
| 5. unit violates dust control and green belt norms (Para 16 , 17 , 18 , 20 , 21) |
| 6. unit located outside eco-sensitive zone (Para 19) |
| 7. supreme court stays ec requirement pending study (Para 23 , 24) |
| 8. direct compliance with inspection remarks ordered (Para 25 , 26) |
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 Memora
