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2012 DIGILAW 241 (ORI)

M. C. Rao v. State Pollution Control Board

2012-05-11

B.P.DAS, C.R.MOHAPATRA, G.B.BEHERA

body2012
ORDER 11.5.2012 - This appeal under Section 31 of the Air (Prevention and Control of Pollution) Act, 1981 (in short 'Air Act') has been filed by Shri M. Chandrapati Rao, resident of Village and Post Balada, District Srikakulam (Andhra Pradesh), representing the Kidigam Parbat Prant Prabesh Raksha Samiti, Kidigam G.P. & P.O., Kasinagar Block, Gajapati District, Odisha, challenging Order No. 2437 dated 19.10.2010 passed by the State Pollution Control Board, Odisha (hereinafter called the 'Board') under Section 21 of the Air Act and Section 25 of the Water (Prevention and Control of Pollution) Act, 1974 conveying consent in favour of the respondent No. 3-M/s. BVSR Constructions (P. Ltd., Hyderabad, to establish a Hot Mix Plant in Mouza Venkatpur under Kidigam G.P. of Kasinagar Tahasil in Gajapati district for production of Asphalt Mix and Wet Mix of a quantity of 24000 MT each per month. The appellant has also challenged the consent to operate the said plant issued by the Board vide order No. 2188 dated 15.12.2011, which is valid upto 31.3.2013. The appellant has, alleged that ,the impugned consent to establish and operate the aforesaid Hot Mix Plant (Asphalt Mix and Wet Mix Unit) have been granted in favour of respondent No. 3 in violation of the sitting criteria in regard to location of the nearest village Venkatpur, the village approach road, the water source known as Vura Cheruvu, fertile agricultural lands and a horticulture farm and the dust, smoke and heat generated due to operation of the, unit have polluted the area leading to breathing problem to the residents and the people engaged in agriculture and horticulture etc. in the vicinity. 2. In response to the notice issued on the appeal memo, respondent No. 3 appeared through Shri Manas Mohapatra, Senior Advocate, along with his associates and filed its objection stating that respondent No.3 is operating a Crusher Unit as well as the Asphalt Mix and Wet Mix Plant after obtaining necessary permission from and in terms of the consent to operate granted by the Board by its orders dated 20.10.2011 and 15.12.2011, vide Annexure B/3 and Annexure C/3 respectively and that adequate pollution control measures have been adopted in both the units, as would appear from the monitoring reports/inspection reports submitted by the Regional Officer to the Board vide Annexure D/3 series. According to respondent No. 3, the Hot Mix Plant and the crusher unit have been set up for a temporary period, i.e., upto 31.3.2013, for production of Asphalt Mix of Chips and Metals/Wet Mix of Chips and Metals and stone chips respectively for use in the construction and widening of State Highway No. 4 connecting Gunupur, Kasinagar and Parlakhemundi, the execution of which has been undertaken by respondent No. 3-company. It has also been indicated that the appellant had earlier preferred an appeal under the Air Act being Appeal No. 4-A of 2011 challenging consent to establish granted in respect of the stone crusher on the allegation of violation of the sitting criteria as well as other environmental norms but the Authority after hearing the parties dismissed the said appeal by its judgment dated 17.9.2011, reported in 2011 (II) OLR 1043 : M.C. Rao v. The State Pollution Control Board, Orissa and others. 3. This Authority after hearing the appellant in person and learned counsel for respondent No. 3 as well as the Law Officer of respondent No. 1-Board and considering their submissions, by order dated 24.3.2012 directed the Regional Officer of the Board at Berhampur to visit the spot and submit a report on compliance of the conditions stipulated in the consent to operate order dated 15.12.2011. 4. In terms of the aforesaid order dated 24.3.2012, the Regional Officer visited the Hot Mix Plant set up by respondent No.3 on 5.4.2012 and submitted the inspection report dated 9.4.2012 to this Authority wherein he concluded that the pollution control measures adopted by respondent No.3 unit are satisfactory and there is compliance of the conditions stipulated in the consent to operate order dated 15.12.2011. During hearing of this appeal, the Law Officer of respondent-Board pointed out that the allegation of violation of sitting criteria raised by the appellant is misconceived since no sitting criteria have been prescribed for Hot Mix Plant producing Asphalt Mix and Wet Mix but such criteria have been prescribed for Stone Crusher Units. During hearing of this appeal, the Law Officer of respondent-Board pointed out that the allegation of violation of sitting criteria raised by the appellant is misconceived since no sitting criteria have been prescribed for Hot Mix Plant producing Asphalt Mix and Wet Mix but such criteria have been prescribed for Stone Crusher Units. The appellant, however, disputed the findings recorded by the Regional Officer in his report dated 9.4.2012 considering which this Authority by its order dated 21.4.2012 directed the Board to depute one of its Senior Environmental Engineers to visit the spot and submit a report regarding the present status and functioning of the industrial unit in question in a sealed cover since, the appellant was not satisfied with the report submitted by the Regional Officer. 5. Today the Law Officer appearing for the Board filed a memo stating that in compliance of the direction of this Authority, Dr. A.K. Swar, Senior Environmental Engineer of the Board, on being deputed visited the spot of respondent No. 3 unit and produced before us the report submitted by Dr. Swar, SEE, in a sealed cover. The sealed cover was opened in our presence and we have perused the spot visit report of the SEE and seen the photographs of the Hot Mix Plant and the stone crusher and the surrounding areas, which are enclosed thereto. The report submitted by the SEE being an exhaustive one is extracted hereunder in its entirety: “REPORT ON M/S. BVSR CONSTRUCTION (P) LTD (HOT MIX PLANT) AT VENKATAPUR, PARLAKHEMUNDI, DIST-GAJAPATI ON 09.05.2012 IN COMPLIANCE TO ORDER DTD. 21.04.2012 OF THE HON'BLE APPELLATE AUTHORITY IN CONNECTION WITH APPEAL NO. 1W/2012 & 1A/2012-SHRI M.C. RAO-VRS-SPC BOARD & OTHERS Visited the spot around M/s. BVSR Construction (P) Ltd. (Hot Mix Plant) at Venkatpur, Parlakhemundi, Dist-Gajapati on 09.05.2012 in obedience to the orders dtd. 21.04.2012 of Hon'ble Appellate Authority in connection with Appeal No.1 W/2012 & 1 A/2012. The Hot Mix plant is a temporary unit engaged in construction/widening of road connecting Gunupur-Kashipur - Parlakhemundi. M/s. BVSR Construction (P) Ltd. has installed a stone crusher unit and hot mix plant which is located about more than half kilometer from the main road connecting Gunupur-Kashinagar and on the way to village Venkatapur. The site is surrounded by agricultural fields, farm land and a hillock, 5 nos. of stone quarries are existing on the hillock, out of which 3 quarries are operating. The site is surrounded by agricultural fields, farm land and a hillock, 5 nos. of stone quarries are existing on the hillock, out of which 3 quarries are operating. These quarries belong to some private parties. However, the M/s. BVSR Construction (P) Ltd. (Hot Mix Plant) is procuring stone boulders from these stone quarries for use of road construction. One more village, Kidigam is located adjacent to the Kashipur-Gunupur road which is more than 1 KM from the Hot Mix Plant. The hillock with stone quarry is facing towards M/s. BVSR Construction (P) Ltd. and acting as a barrier in between M/s. BVSR Construction (P) Ltd. and Kidigam village. Therefore, there is remote chance of impact of the stone crusher and hot mix plant on Kidigam village. One private farm is located near Hot Mix Plant across the road. The temporary Camp Office site of M/s. BVSR Construction (P) Ltd. is located adjacent to the farm. It is observed that there is luxuriant green fruit bearing trees like Mango, Coconut, Pineapple without dust layer on the leaves. Trees of Venkatpur village are found to be green without deposition of dust. The surrounding of agricultural land surrounding the unit were also found to be clean and no layer of dust deposition was observed. Observation of the Stone crusher and Hot Mix Plant - 1. The Hot Mix Plant and Stone Crusher units of M/s. BVSR Construction (P) Ltd. are located inside the same premises which have been temporarily established for the purpose of road construction. 2. The Hot Mix Plant and stone crusher were found to be in operation. 3. Both the units have obtained consent to operate from the Board which is valid upto 31.03.2013. 4. The stone crusher unit has been provided with required dust suppression system. 5. Hot Mix plant : Stone chips generated in the crusher are found to be mixed with Tar at a temperature of 130°C in a Rotary Mixture. The exhaust of Rotary Mixture is connected with a dust collection chamber where coarse dust is collected at the bottom and the gas finds its way to a water scrubbing system where dust is suppressed by high pressure water jets in a closed chamber and clean air is let out through a chimney. The dirty water collected at a bottom of the scrubber is stored in a settling tank. The dirty water collected at a bottom of the scrubber is stored in a settling tank. There was no discharge of "effluent to outside and the effluent is recycled for scrubbing after settled in the settling tanks. The sludge of the settling tank is found to be mixed with sand and chips and used for road construction. Dust pollution from his mix unit is found to be negligible. 6. The DG set of capacity 250 KVA is attached with a 3 m height stake which is adequate. 7. The stone crusher unit and hot mix plant are expected to operate upto 31.03.2013 to complete the road work. Recommendation : The unit should be advised to construct an additional settling tank in series with the existing settling tanks to ensure that there is complete reuse of scrubbed water without any over flow." 6. Respondent No.2-the Collector and District Magistrate, Gajapati, has filed para-wise comments stating therein that the, appellant and some others, who belong to Andhra Pradesh, have, objected to the establishment of the crusher unit at Venkatapur under Kasinagar Tahasil and are envious to the sustainable development of Odisha in general and Kasinagar Tahasil area in particular as it is adjacent to odisha-Andhra border area. It is further stated that since the above area is mostly inhabited by Scheduled Castes and Scheduled Tribes, construction of State Highway No. 4 is essential for the upliftment of the said people and also in the interest of the State and the district. 7. As to the allegation of the appellant that, the Hot Mix Plant has been established in violation of the sitting criteria learned counsel for respondent submitted that no sitting criteria has been prescribed for the Hot Mix Plant but such criteria have been prescribed for stone crusher units. The appellant has not produced any document to show that any sitting criteria have been prescribed for the unit. In that view of the matter, the aforesaid allegation of the appellant is totally false and is accordingly rejected. 8. As regards compliance of the consent conditions, the Regional Officer in his inspection reports dated 17.3.2012 and 9.4.2012 has clearly indicated that the pollution control measures adopted by the Hot Mix Plant of respondent No. 3 is adequate and satisfactory and that the conditions imposed by the consent to operate order dated 15.12.2011 have been complied with. 8. As regards compliance of the consent conditions, the Regional Officer in his inspection reports dated 17.3.2012 and 9.4.2012 has clearly indicated that the pollution control measures adopted by the Hot Mix Plant of respondent No. 3 is adequate and satisfactory and that the conditions imposed by the consent to operate order dated 15.12.2011 have been complied with. Since the appellant was not satisfied with the findings of the inspection reports, we directed the Board to depute one of its Senior Environmental Engineers to visit the spot and submit report. Accordingly, Dr. Swar, SEE, visited the spot on 9.5.2012 and submitted his report, which we have quoted above. The aforesaid report of Dr. Swar reveals that the Hot Mix Plant and the Stone Crusher Unit of respondent No. 3, which were in operation in the same premises, are located more than half kilometer from the main road connecting Gunupur-Kasinagar and on the way to village Venkatpur, while village Kidigam is located adjacent to the Kasinagar-Gunupur road, which is more than 1 KM from the Hot Mix Plant. According to SEE, there is remote chance of impact of the Hot Mix Plant and the Crusher Unit on village Kidigam. The report further reveals that one private farm is located near the Hot Mix Plant across the road and .there are luxuriant green fruit-bearing trees like mango, coconut, pineapple without dust layer on the leaves. The trees in Venkatpur village are found to be green without deposition of dust. The agricultural lands surrounding the unit were also found to be clean and no layer of dust deposition was observed and in view of the pollution measures adopted, as indicated therein, dust pollution from the Hot Mix Plant is found to be negligible. The SEE has, however, recommended for construction of an additional settling tank in series with the existing ones to ensure complete re-use of scrubbed water without any over-flow. 9. Having gone through the materials on record including the inspection reports, more particularly the spot visit report of Dr. Swar dated 10.5.2012, we are of the view that the conditions stipulated in the consent to operate order have been complied with by respondent No.3 unit and the objection raised by the appellant to the establishment as well as operation of the Hot Mix Plant is not at all tenable and is accordingly rejected. 10. Swar dated 10.5.2012, we are of the view that the conditions stipulated in the consent to operate order have been complied with by respondent No.3 unit and the objection raised by the appellant to the establishment as well as operation of the Hot Mix Plant is not at all tenable and is accordingly rejected. 10. It may be indicated here that respondent No.3 is operating the stone crusher as well as the hot mix plant exclusively for construction/ widening of S.H. No. 4 connecting Gunupur, Kashinagar, Parlakhemundi, which are most inaccessible areas and inhabited largely by Scheduled Caste and Scheduled Tribe people and are now infiltrated by Mao activists. Consent to operate the units has been granted for a temporary period, i.e., upto 31.3.2013. Shri Mohapatra appearing for respondent No.3 submitted that the progress of construction of the road, which should have been much more, has been affected on account of successive litigations brought about by the present appellant in the guise of violation of environmental norms and the present appeal has been filed totally for private interest and that too to stall the construction of the road in a remote area. In our opinion, this Authority cannot be used as a forum for entertaining appeals based upon false and frivolous allegations and that too to stall the developmental work in a remote area of the State in the Odisha-Andhra border. As it appears, the appellant is still not satisfied with the spot visit report of the SEE dated 10.5.2012. We have no reason to disbelieve the said report. But considering the recommendation made by the SEE for construction of an additional settling tank in series with the existing ones to ensure complete re-use of scrubbed water without any over-flow, we direct respondent No.3 to comply with the aforesaid recommendation within a month hence. The appellant alleged that the direction given by the Authority in its judgment rendered in Appeal No. 4-A of 2011 regarding periodical inspection has not been complied with by the Regional Officer. From the objection filed by respondent No.3 in the present appeal, we find that the Regional Officer has inspected the unit on 30.11.2011, 29.12.2011, 31.1.2012 and 29.2.2012 and found that the SPM level was within the prescribed standard, vide the reports annexed as Annexure-D/3 series. In view of the above, the allegation of the appellant is totally baseless. 11. From the objection filed by respondent No.3 in the present appeal, we find that the Regional Officer has inspected the unit on 30.11.2011, 29.12.2011, 31.1.2012 and 29.2.2012 and found that the SPM level was within the prescribed standard, vide the reports annexed as Annexure-D/3 series. In view of the above, the allegation of the appellant is totally baseless. 11. For the reasons indicated above, the appeal having no merit is dismissed with the directions/observations made above. Appeal dismissed.