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Supreme Court of India · body

1996 DIGILAW 105 (SC)

M. C. Mehta v. Union of India

1996-01-12

KULDIP SINGH, S.SAGHIR AHMAD

body1996
JUDGMENT : 1. Pursuant to this Court order dated November 20, 1995, the Central Pollution Control board has placed on record its report regarding the working of Stone Crushers, Pulverisers and Mining activity in the area of Pall (Zone-I) and Mohabatabad (Zone-II). It is stated in the report that a team comprising Dr. V.C. Gupta, Senior Scientist, Mr. Lalit Kapoor, Senior Environmental Engineer and Dr. J. Moitra, Scientist 'B' inspected the area. This report has been prepared as a result of the inspection done by the Inspecting Team. The report gives the following picture regarding the Stone Crushers: "(i) Dust containment-cum-suppression system have been installed by the stone crushers, but none of the stone crushers are running the system and consequently, very high air pollution has been noticed during the inspection. (ii) Water sprinklers of the dust suppression system were not found in operation during the visit due to which heavy dust emissions were observed. Air quality monitoring was done at upwind and downwind directions of one stone crusher at distances of 2.5 in and 5 in respectively and it was observed that contribution of stone crusher is around 89,000 ug/m3, which is very much higher than the prescribed standard of ug/m3" Regarding Pulverises, the report indicates as under: "At present about 300 such units are operating Manger, Mohabatabad and the nearby mine leased areas near the pit head of the mines. The air pollution generating potential of the units has been studied by conducting ambient air quality monitoring in the upwind 125m) and downwind (5m) of an isolated unit on 1.12.1995. The SPM level in the ambient air has been found to be 313 ug-m3 (upwind) and 573 ug-m3 (downwind). This indicates that the SPM contribution of the unit is 260 ug/m3, which is within the permissible level recommended for the units having similar fugitive emission characteristics". Regarding the Mining activities, the report is as under: "For the purpose of mining, explosives are being used for rock blasting. Because of unscientific mining operation, overburden materials (top soil) and murum remain) were observed to be lying haphazardly. Deep mining for extracting silica sand lumps is causing ecological disaster as these mines lie unreclaimed and abandoned. As a matter of fact mining site reveals total lack of environmental planning". 2. Various suggestions and recommendations have been made by the Board for controlling pollution. Mr. Deep mining for extracting silica sand lumps is causing ecological disaster as these mines lie unreclaimed and abandoned. As a matter of fact mining site reveals total lack of environmental planning". 2. Various suggestions and recommendations have been made by the Board for controlling pollution. Mr. R.K. Anand, learned counsel appearing for the Stone Crushers states that he would have the recommendations cyclostyled and circulated among the Stone Crushers. One of the difficulties which has been highlighted in the report is the shortage of water. It is suggested by the Board that water can be provided to the Stone Crushers by digging deep-bore tube-wells. Mr. H.N. Salve, learned Senior Counsel for the Haryana State Pollution Control Board states that Haryana Board in consultation with the Haryana Government shall examine the question of water scarcity. He states it would be possible to supply sufficient water to the Stone-crushing units. Mr. R.K. Anand agrees that the cost of the water supply shall be borne by the Stone Crushers. We direct the Haryana Pollution Control Board to issue notices to all the Stone Crushers, Pulverises and the Mining owners in the area to construct and install the Pollution Control Devices, as suggested by the Central Pollution Control Board, within 2 months from the receipt of the notices. The Haryana Board shall also have a notice published in two newspapers in this respect (English and Vernacular) on consecutive days. We direct through Mr. R.K Anand the Stone Crushers, in the area to instal the Pollution Control Devices within the specified time. We further direct that failing to instal the Pollution Control Devices may finally entail the closure of the Stone Crushers apart from being subjected to pollution fine, not only in the future but also for the past period of 3 months. 3. It has been indicated by the Central Pollution Control board that there are no road facilities in the area. We re-call that when these Stone Crushers were shifted from Delhi and the area around Delhi, the Haryana Government had undertaken to provide all necessary facilities to the Stone Crushers who would purchase land, in the earmarked area, and set up their Crushers in the said area. We, therefore, direct the Haryana Government to provide the road facilities to the Stone Crushers, Pulverisers and the Mining owners, within a reasonable time. We, therefore, direct the Haryana Government to provide the road facilities to the Stone Crushers, Pulverisers and the Mining owners, within a reasonable time. Learned counsel for the pollution Control Board, Haryana states that he would file an affidavit in this Court within 3 months indicating the progress made in respect of construction of the road in this area. 4. We further direct the State Government that it shall have all the recommendations and suggestions given by the Central Pollution Control Board complied with and acted upon in the locality concerned. Surveillance for surprise check up shall be taken up in the next hearing. 5. List on March 21, 1996.