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2025 Supreme(Online)(NGT) 2084

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 Applicants: Mr. Rohit Kumar Tuteja
For the Respondents: Mr. Rohit Sharma, Mr. Om Shankar Shrivastava, Mr. Lokendra Singh Kachhawa, Mr. Rachit Soni, Mr. Shoeb H. Khan

The Tribunal determined the absence of violations of environmental norms and concluded with no further action required against the plaster of Paris industries.

Headnote:(A) Environmental Protection Act - Violation of environmental norms and laws under the jurisdiction of National Green Tribunal. Following concerns were raised regarding the operation of plaster of Paris industries leading to severe pollution as evidenced by an AQI of 900 - Health implications include respiratory diseases such as Asthma among residents. Consent to operate conditions alleged to have been violated by industries extracting groundwater without permission. (Paras 2-4)

(B) Tribunal directed the constitution of a Joint Committee to investigate the pollution issues, gathering of factual reports to determine compliance with environmental regulations, and mandated improvements in pollution control measures. (Paras 5-8)

Facts of the case:
The applicants raised issues regarding the operational practices of plaster of Paris industries in Khara Industrial Area contributing to pollution affecting local inhabitants. Persistent high AQI values correlated with health complaints among residents were cited. (Paras 2-4)

Findings of Court:
No violations were found per the air quality monitoring and compliance checks conducted during the site visits. The Joint Committee recommendations for maintenance and upgrades of pollution measures were recorded. (Paras 6-15)

Issues: The main issues pertained to adherence to environmental norms, operation permits, and whether units' activities contributed to health hazards due to severe pollution. (Paras 2-4)

Ratio Decidendi: Findings revealed that the operations did not violate stipulated consent conditions; therefore, the Tribunal concluded no further action was warranted against the industries. (Paras 14-16)

Result: Applications disposed of.

Table of Content
1. violation of environmental norms by industrial operations. (Para 2 , 3 , 4)
2. establishment of a joint committee for compliance verification. (Para 5 , 7)
3. verification found no violations during monitoring. (Para 6 , 11 , 12 , 14)
4. tribunal concluded no further actions were needed. (Para 10 , 13)
5. final disposition of the applications. (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 1 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 2 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

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