SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(NGT) 1925

NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
SHEO KUMAR SINGH, J, DR. AFROZ AHMAD, ACJ
Devidas Khatri – Appellant
Versus
State of Rajasthan – Respondent
Original Application No.261/2024(CZ) | Original Application No.23/2025(CZ)



Advocates:
For the Applicant(s): Mr. Rohit Kumar Tuteja, adv.
For the Respondent(s): Mr. Rohit Sharma, Adv. for RSPCB, Mr. Om Shankar Shrivastava, Adv. for R-2, Mr. Lokendra Singh Kachhawa, Adv. for R-5-19, Mr. Rachit Soni, Adv. for Mr. Shoeb H. Khan, adv. for State

The court emphasized strict adherence to environmental regulations and accountability for pollution control by industries operating in sensitive areas.

Headnote:(A) Environmental Protection Act, 1986 - Violation of environmental norms by plaster of paris manufacturing units in Khara Industrial Area, Bikaner, resulting in severe pollution - AQI reported at 900. The units operated without proper permissions and failed to comply with the State Pollution Control Board's directives. The National Green Tribunal has called for a report from a Joint Committee to assess the compliance of environmental norms and ensure necessary actions are taken. (Paras 2, 4, 6)

(B) Air Quality Monitoring - The Central Pollution Control Board's study of 2007 provides a framework for assessing pollution standards for plaster of paris industries. Consistency in emission control measures and regular inspections by the State Pollution Control Board have been emphasized. (Paras 7, 15)

(C) Findings indicate that the air quality in Khara is significantly affected by emissions from the nearby plaster of paris industries, raising serious environmental concerns. (Paras 3, 8, 10) Facts of the Case: The Applicants filed applications citing violations by plaster of paris industries, including unregulated groundwater extraction and failure to adhere to emission standards.

Findings of Court:
The Tribunal deemed it necessary to call for a detailed report on compliance to address the air quality and pollution concerns.

Issues: Violations of environmental standards by plaster of paris industries, necessity of environmental assessment, and compliance with regulatory requirements.

Ratio Decidendi: The court highlighted the need for strict adherence to pollution control measures and accountability of industries in following environmental regulations.

Result: Both Original Applications disposed of accordingly.

Table of Content
1. violation of environmental norms and its impact on air quality. (Para 2 , 3 , 4 , 5)
2. assessment of compliance and air quality monitoring. (Para 7 , 8)
3. decision to dispose of applications based on compliance results. (Para 15 , 16)

ORDER

1. Issues raised in these applications are common and are taken up together and are disposed of by a common order.

2. The grievance of the Applicant in O.A. No.261/2024(CZ) is violation of environmental norms and laws by Respondent nos. 04 to 19, Units engaged in manufacturing of Plaster of Paris in Khara Industrial Area in Tehsil & District - Bikaner, Rajasthan.

3. It is further contended that the irregular and unchecked operation of these units led to severe pollution as per the newspaper articles the AQI of the disputed area was 900, which is very high. As per the news articles the residents of Khara Village are directly affected and are suffering from disease like Asthma etc.

4. It is further alleged that these Units are in operation in violation of environmental laws extracting ground water without due permission of the Central Ground Water Authority and they are violating the conditions stipulated in the consent to operate issued to them by the State Pollution Control Board.

5. The issues raised in another application i.e., O.A. No.35/2025-PB, later on registered as O.A. No.23/2025(CZ), are on the same in issue. Matter was taken up by the Tribunal and a Committee was constituted with direction to submit the factual and action taken report.

6. Accordingly, the members of the Committee visited the site and submitted the report as follows:-

“Factual & action taken report in compliance of Hon’ble National Green Tribunal Central Zone, Bhopal order dated 13-12-2024 in the matter of OA 261/2024 (CZ), Devidas Khatri V/s State of Rajasthan & Ors.

Hon’ble National Green Tribunal, Central Zone Bench, Bhopal vide order dated 13-12-2024 issued following order/instructions in the matter of OA 261/2024(CZ) of Devidas Khatri V/s State of Rajasthan & Ors: -

“1. The grievance of the applicant is violation of environmental norms and laws by respondent nos. 04 to 19, units engaged in manufacturing of plaster of Paris in Khara Industrial Area in Tehsil & District – Bikaner, Rajasthan.

2. It is further contended that the irregular and unchecked operation of these units led to severe pollution as per the newspaper articles the AQI of the disputed area was 900, which is very high. As per the news articles the residents of Khara Village are directly affected and are suffering from disease like Asthma etc.

3. It is further alleged that these units are in operation in violation of environmental laws extracting ground water without due permission of the Central Ground Water Authority and they are violating the conditions stipulated in the consent to operate issued to them by the State Pollution Control Board.

4. A substantial issue of environment has been raised.

7. We deem it just and proper to call a report on the matter in issue, in present Original Application, from a Joint Committee consisting of: -

(i) One representative from the Collector Bikaner, Rajasthan

(ii) One Representative from the State Pollution Control Board, Rajasthan

8. The Committee is directed to visit the place and submit the factual and action taken report with the list of units operating in the field with detail of consent conditions within six weeks. The State PCB will be the nodal agency for coordination and logistic support.

Constitution of the Joint Committee: -

In compliance of above Hon’ble Tribunal order dated 13-12-2024, the following officials have been nominated as members of Joint Committee by respective departments: -

1. Smt. Kavita Godara SDM, Bikaner (Representative from Collector, Bikaner, Rajasthan).

2. Shri Rajkumar Meena, Regional Officer, RSPCB, Bikaner (Representative from State Pollution Control Board, Rajasthan).

Introduction: –

The OA No 261/2024 (CZ) of Devidas Khatri V/s State of Rajasthan & Ors is related with viola

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top