Take notes as you read a judgment using our Virtual Legal Assistant and get email alerts whenever a new judgment matches your query (Query Alert Service). Try out our Premium Member services -- Free for one month.\n\nNational Green Tribunal\nJivabhai Ganeshbhai Bada vs State Of Gujarat on 8 September, 2021\nItem No.4                                                           (Pune Bench)\n\n\n                       WESTERN ZONE BENCH, PUNE\n                           (By Video Conferencing)\n                                **********\n                     Original Application No. 53/2020(WZ)\n                          I.A. No. 74/2020(WZ)\n\n\nIN THE MATTER OF:\n\n\n1.    Jivabhaiganeshbhai Bada,\n      Residence at Mori Vas,\n      Samakhiyali, Village, Bhachau, Taluka,\n      Kutch, District.\n\n                                                           .....Applicant(s)\n\n\n\n                                     Versus\n\n\n1.    State of Gujarat\n      Through Chief Secretary,\n      Environment and Forest Department,\n      Gujarat State, Sachivalaya, Gandhinagar,\n      Pine Code-382010\n\n2.    Gujarat Pollution Control Board\n      Chairman Secretary Paryavaran Bhavan,\n      Sector-10 Gandhinagar,\n      Pine Code-382010\n3.    Collector,\n      Having his office at Collector Office,\n      Bhuj-Kutch,\n      Pine Code-370001\n\n4.    District Development Officer\n      District Panchayat, Bhuj-Kutch,\n      Pine Code-370001.\n\n5.    Electrotherm (India)Ltd.\n      (Sponge Iron & DI Pipe Plant)\n       Through Managing Director\n       or in-charge of the company, Survey No. 325,\n       Samakhiyali, Village, Kutch District.\n\n                                                               .....Respondent(s)\n\nCounsel for Applicant(s):\nMr. Rutul Kinariwala, Advocate\n\nCounsel for Respondent(s):\nMr.Maulik Nanavati, with Ms. Manvi Damne, Advocates for R- 2\nMr. Sanjeev Kumar, Advocate for R-5\n\n\n                                     1\n PRESENT:\n\n   Hon'ble Mr. Justice M. Sathyanarayanan (Judicial Member)\n   Hon'ble Dr. Arun Kumar Verma (Expert Member)\n\n\n                                    Orders Pronounced on: 08.09.2021\n\n\n                                        ORDER\n\n    1.     By consent, the Original Application is taken up for final disposal\n\n    and is disposed of by this order.\n\n\n    2.     The Original Applicant who is eking out his livelihood as an\n\n    agriculturist and is a resident of Mori Vas, Samakhiyali Village, Bhachau\n\n    Taluka, Kutch District Gujarat came forward to invoke the original\n\n    jurisdiction of this Tribunal by alleging among other things that he is the\n\n    owner of the land comprised in survey nos. 28611 paiki 1, 273 paiki 1 of\n\n    Chhadavada Village, Bhachau Taluka, Kutch District and is carrying on\n\n    agricultural activities for very many years and his sole livelihood is\n\n    depending upon the income earned out of agricultural operations.\n\n\n    3.     The Applicant would further aver that the Respondent No.5\n\n    company is located in revenue survey nos. 368, 388 and other survey\n\n    numbers, adjacent to Samakhiyali National Highway and it is carrying on\n\n    the activities of manufacturing iron, iron rod and DI Pipe etc., by melting\n\n    the iron and other metals. The complaint made by the Original Applicant\n\n    in this regard is that the said activities result in emission of poisonous\n\n    dust, gases, and also causing serious environmental degradation and it is\n\n    also affecting the agricultural activities of the Original Applicant as well as\n\n    the other agricultural land owners and hence, filed this Original\n\n    Application praying for appropriate orders.\n\n\n                                        2\n 4.    The Application was listed for admission on 16.09.2020 and the\n\nTribunal vide ordering notices to all the respondents, directed the\n\nconstitution of a Joint Committee consisting of Collector, Bhuj-Kutch,\n\nGujarat and Gujarat Pollution control Board and with the direction to\n\nsubmit a factual and action taken report with regard to the allegations\n\nmade in the application and also fixed up an outer time limit to submit\n\nthe report.   It is also indicated that the Respondent No.2-Gujarat PCB\n\nshall be the nodal agency, for compliance.\n\n\n5.    The Respondent No.2 in compliance of the order, has filed the\n\naffidavit dated 03.09.2021 with the supporting documents and the\n\ncontents of the same would read among other things that the inspection\n\nwas conducted on 31.12.2020 and all the parameters, were normal at the\n\nrelevant point of time.\n\n\n6.    It is also stated on an earlier occasion that the Respondent No.2 has\n\nissued a notice dated 02.01.2021, to Respondent No.5 under Section 31-A\n\nof the Air (Prevention and Control of Pollution) Act, 1986, in which the\n\nfollowing non-compliances were observed:-\n\n\n        "1. Ambient air was carried out at two locations:\n\n        I.    Near weight bridge No.2 of the unit (up stream) results of\n        the same shows that PM10- 185 ug/Nm3 which is higher than\n        the permissible norms PM10- 100 ug/Nm3.\n\n        II. Near weight bridge No.3 of the unit (down stream) results\n        of the same shows that PM10- 139 ug/Nm3 and PM2.5- 84 ug\n        /Nm3 a which are higher than the permissible norms PM10-\n        100ug/Nm3 and PM2.5- 60 ug /Nm3 respectively".\n\n7.    Accordingly, the Respondent No.5, was issued with a show cause\n\nnotice and the remedial measures have also been suggested and\n\nthereafter, Respondent No.2 has issued a closure direction under the said\n\n\n\n\n                                   3\n provision   vide   communication       dated   19.03.2021     and      also   levied\n\nenvironmental compensation of Rs.27 lakhs.\n\n8.    The Learned Counsel appearing for the Original Applicant would\n\nsubmit that admittedly the Respondent No.5 was guilty of violating the\n\nrequired and relevant environmental norms and as such the Tribunal may\n\nissue appropriate directions for closure of the said unit.\n\n\n9.    Per contra, Mr. Maulik Nanavati, Learned Standing Counsel\n\nappearing for the Respondent No. 2 would submit that in full compliance\n\nof the order dated 16.09.2020 passed by this Tribunal, the Joint\n\nCommittee caused inspection and found that as on the date of inspection,\n\nall parameters were normal and however, also pointed out that on earlier\n\noccasion the Respondent No.5 was guilty of infraction of certain\n\nenvironmental norms and an environmental compensation of Rs. 27 lakhs\n\nwas also levied and it was also deposited by the Respondent No.5.\n\n\n10.   The Learned Standing Counsel appearing for Respondent No.2 has\n\nalso invited the attention of this Tribunal to paragraph no. 18 of the reply\n\naffidavit and would submit, the Respondent No.2-Board shall continue to\n\ncarry periodical inspection of the unit of the Respondent No.5 for the\n\npurpose of ensuring that no pollution is caused by them and it remains\n\ncompliant, at all times.\n\n\n11.   The Tribunal heard the submissions of the Learned Counsel\n\nappearing for the Respondent No.5.\n\n\n12.   The Learned Counsel appearing for the Respondent No.5 would\n\nsubmit   that   the   inspection   caused      by   the   inspection    committee\n\nconstituted by this Tribunal did not notice, any environmental violation\n\nand the Respondent No.5 would wholly comply with all the required norms\n\nand also discharging its corporate social responsibility.\n\n\n                                   4\n 13.   The Tribunal paid it's best attention to the rival submissions and\n\nalso perused the material placed on record.\n\n\n14.   The Inspection Committee constituted by this Tribunal has caused\n\ninspection of the manufacturing facility/unit run by the Respondent No.5\n\nand found that as on the date of inspection all required norms have been\n\ncomplied with. However, noted on an earlier occasion, the Respondent\n\nNo.5 has violated the certain norms for which an environmental\n\ncompensation of Rs. 27 lakhs was also levied upon them after offering\n\nthem an fair and reasonable opportunity and the Respondent No.5 has\n\nalso deposited the same.\n\n\n15.   It is also relevant to extract the paragraph no. 18 of the reply\n\naffidavit of Respondent No.2 dated 03.09.2021, which is as follows:-\n\n\n        "The contention of applicant that the Board has not been\n        taking any action against respondent no.5, despite applicant\n        having made several complaints, is not wholly correct. I\n        submit that action has been taken by the Board. I submit\n        that inspections have been carried out by the Board, and as\n        submitted hereinbefore the Board shall continue to carry\n        periodic inspections of the unit of respondent no.5 to ensure\n        that no pollution is caused by the industrial unit and that it\n        remains compliant at all times".\n\n16.   In the light of the said report and on consideration and appreciation\n\nof the relevant materials placed, the Tribunal is of the considered view\n\nthat there is no need or necessity to close down the operations of the\n\nRespondent No.5 but at the same time it is pointed out that the\n\nRespondent No.5 is under obligation to comply with all the environmental\n\nnorms and it is also open to the Respondent No.2 to cause regular and\n\nsurprise inspection as to the compliance of the said norms on the part of\n\nthe Respondent No.5.\n\n                                 5\n       In   the   result,   the   Original   Application   stands   disposed   of\n\naccordingly. In the circumstances, there shall be no order as to cost.\n\n      Consequently, interlocutory Application No. 74/2020 also stands\n\nclosed.\n\n\n                                                    M. Sathyanarayanan, JM\n\n\n\n\n                                                 Dr. Arun Kumar Verma, EM\n\n\nSeptember 08, 2021\nOriginal Application No. 53/2020(WZ)\nI.A. No. 74/2020(WZ)\nJG\n\n\n\n\n                                    6