Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(NGT) 1719

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, JM, Arun Kumar Verma, EM
Srikant Singh – Appellant
Versus
West Bengal Pollution Control Board – Respondent
Original Application No.96/2024/EZ

Advocates:
For the Applicant: Mr. Ankur Sharma, Adv.
For the Respondent(s): Mr. Dipanjan Ghosh, Adv. for R-1, Mr. Mohammad Akram, Adv. a/w Mr. Kuntal Goswami, Adv. (in Virtual Mode) for R-2, Ms. Amrita Pandey, Adv. for R-3 (in Virtual Mode), Mr. Ayan Banerjee, Adv. a/w Ms. Debasree Dhamali, Adv. for R-4 (in Virtual Mode)

Fraudulent misrepresentation in industrial operations necessitates cessation of activity and relocation outside municipal limits to protect public health.

Headnote:(A) Environmental Protection Act - Regulation of Industrial Units - Allegations of environmental violations by M/s Padmavati Metal Industries concerning air and noise pollution in residential area - Inspection conducted reveals discrepancies in operational categorization under environmental law. (Paras 1-21)

(B) The court finds that the unit fraudulently misrepresented its activity category leading to issuance of improper operational permits - Directions issued for cessation of operations pending compliance with legal requirements and relocation outside municipal limits due to environmental breaches. (Paras 24-27)

Facts of the case:
The applicant alleges significant environmental hazards caused by a metal processing unit adjacent to his residence, asserting violations of pollution standards and noise regulations.

Findings of Court:
Court establishes that the unit was operating without necessary environmental safeguards and misrepresented its operational category, leading to potential health risks for residents. Immediate cessation of operations ordered.

Issues: The primary issues include the classification of the unit's operations and the resultant environmental impacts on the surrounding community.

Ratio Decidendi: The court holds that fraudulent misrepresentation undermines regulatory compliance, necessitating robust action against the unit and the applicable regulatory authority for failure to enforce compliance effectively. Consequently, operations cannot continue under these circumstances.

Result: Original Application disposed with directions for compliance and relocation.

Table of Content
1. the damaging effects of industrial units on residential areas due to air and noise pollution. (Para 1 , 2 , 28)
2. fraudulent misrepresentation concerning regulatory compliance and classification. (Para 17 , 18 , 19)
3. fraud undermines legal compliance, necessitating action by regulatory bodies. (Para 24 , 25 , 26)

ORDER

1. Mr. Ankur Sharma, learned Counsel is present on behalf of the Applicant.

2. Affidavit dated 28.07.2025 has been filed on behalf of the Respondent No.1, West Bengal Pollution Control Board ; the same is taken on record.

3. Affidavit dated 25.07.2025 has been filed on behalf of the Respondent No.2, Padmavati Metal Industries ; the same is taken on record.

4. Mr. Dipanjan Ghosh, learned Counsel files Vakalatnama on behalf of the Respondent No.1, West Bengal Pollution Control Board ; the same is taken on record. When the case is next listed, the name of Mr. Dipanjan Ghosh shall be printed in the cause list as the Counsel for the Respondent No.1, in place of Mr. Ayush Kumar Dadhich, learned Counsel.

5. Heard Mr. Ankur Sharma, learned Counsel appearing for the Applicant ; Mr. Dipanjan Ghosh, leaned Counsel appearing for the Respondent No.1, West Bengal Pollution Control Board ; Ms. Amrita Pandey, learned Counsel appearing (in Virtual Mode) for the Respondent No.3, Howrah Municipal Corporation (HMC) and Ms. Debasree Dhamali, learned Counsel appearing (in Virtual Mode) on behalf of the Respondent No.4, Bally Municipality.

ORDER

1. The Applicant in the Original Application is alleging that the Respondent No.2 who has an industrial unit situated adjacent to the house of the Applicant running in the name and style of M/s. Padmavati Metal Industries, is engaged in processing scrap copper at 46/1, Netaji Subhas Road, Liluah, Howrah, West Bengal, Pin- 711204. It is stated that the said unit is engaged in extraction of copper from scraps and processing copper waste. It is stated that the unit starts from 04:00 hrs. in the morning till 23:00 hrs. in the night. Thick dense smoke escapes from the roof top asbestos shed of the unit causing enormous air pollution which also enters the dwelling unit of the Applicant causing discomfort to and posing a health hazard to the Applicant and his family. It is also alleged that during its operation, the unit is causing massive noise pollution. It is alleged that the said unit does not have any pollution control device; it does not have any chimney with adequate stack height to release thick black smoke generated from its activities.

2. The question also arises as to whether the operation of the unit for production of copper scrap is permissible in a Municipal area under the guidelines of the West Bengal Pollution Control Board.

3. The Respondent No.1, West Bengal Pollution Control Board, has filed affidavit dated 12.11.2024 bringing on record the Inspection Report of an inspection carried out on 07.06.2024. The Inspection Report reads as under:-

“Inspection Report Name and address of M/s Padmavati Metal Industries the unit/site Police Station Liluah

Local Body	Bally Municipality
Power Supply Authority CESC
Date & Time of visit	07/06/2024 between 16:30 hrs. to 17:15 hrs.
Visiting Official(s)	1. Sri B. Mal, E.E. 2. Dr. N. Sengupta, A.E.E.
Person(s) met	Sri Pradeep Vyas son of Sri Arun Vyas (Proprietor) Sri Srikant Singh, Complainant
Industry category	Orange
Status of CFE/CFO	Obtained Consent to Operate as ‘Orange’ category which expired on 31/08/2018. Later, industry obtained ‘White’ category acknowledgment through DIC mentioning General Engineering products.
Inspection reference	Unit was inspected in connection with NGT matter O.A. No.96/2024/EZ
Introduction This is a complaint lodged by Mr. Ankur Sharma on behalf of Sri Srikant Singh, Applicant against M/s Padmavati Metal Industries alleging emission of dense smoke escaping from roof top asbestos shed of the unit due to extraction of copper from scraps and processing of copper waste. It is also alleged that said activity is causing discomfort

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2025 Supreme(Online)(NGT) 1719

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)B. Amit Sthalekar, JM, Arun Kumar Verma, EMSrikant Singh – AppellantVersusWest Bengal Pollution Control Board – RespondentOriginal Application No.96/2024/EZ

Fraudulent misrepresentation in industrial operations necessitates cessation of activity and relocation outside municipal limits to protect public health.

Cases Referred (1)

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, JM, Arun Kumar Verma, EM
Srikant Singh – Appellant
Versus
West Bengal Pollution Control Board – Respondent
Original Application No.96/2024/EZ