Back
2024 Supreme(Online)(NGT) 3260
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 outside eco-sensitive zones must strictly comply with CPCB dust suppression guidelines despite valid consents; non-compliance invites environmental compensation post re-inspection.
Headnote:(A) Environmental Protection Laws - Stone crushing units - Operation outside eco-sensitive zone upheld, but non-compliance with pollution control norms including CPCB guidelines on fugitive dust emissions, covering of crushers, water sprinkling, wind breaking walls, metalled roads, green belt development and display board - Directions issued for compliance within three months failing which environmental compensation to be levied - Requirement of environment clearance kept subject to pending Supreme Court proceedings. (Paras 11, 17-20, 25-26)
(B) Consent to Operate - Validity upheld till 31.01.2028 for orange category unit, but mandatory adherence to conditions like 33% green belt development and inspection report remarks essential - State PCB to re-inspect and enforce compliance. (Paras 20-21, 25)
Facts of the case:
Applicant alleged operation of stone crushing unit in eco-sensitive zone causing air pollution through dust from crushing, drilling, loading and transportation. Inspection report confirmed unit 7.62 km outside zone but found multiple violations of dust suppression measures per CPCB July 2023 guidelines. Unit claimed all safeguards in place and held valid consent.
Findings of Court:
Unit not in eco-sensitive zone; possesses valid consent but multiple non-compliances noted including uncovered crushers, absent bag filters, no wind breaking walls, unmetalled roads, inadequate green belt and water sprinkling; directed full compliance by 31.10.2024 with re-inspection by 07.11.2024.
Issues: Whether stone crushing unit located in eco-sensitive zone violating environmental laws; extent of compliance with pollution control guidelines; requirement of environment clearance.
Ratio Decidendi: Though outside eco-sensitive zone and holding valid consent, operation without adhering to specific CPCB guidelines on dust control measures contravenes environmental norms; mandatory compliance enforced with penal consequences for default; environment clearance issue deferred to Supreme Court.
Result: Original Application disposed with directions for compliance.
| Table of Content |
|---|
| 1. stone crushing in esz causes air pollution violations. (Para 2 , 3 , 4 , 5) |
| 2. inspection confirms unit outside esz. (Para 6 , 7 , 11 , 19) |
| 3. requires cte/cto; no eia for stone crushing. (Para 8 , 9 , 10 , 22) |
| 4. non-compliance with dust control measures. (Para 12 , 13 , 14 , 16 , 17 , 18) |
| 5. mandate green belt and guideline compliance. (Para 20 , 21) |
| 6. ec requirement pending supreme court decision. (Para 23 , 24 , 26) |
| 7. direct compliance within three months. (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 22.09.2008, relevant extract of which reads as under:-
“...crushing and scree
