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2018 DIGILAW 1328 (HP)

Court On Its Own Motion v. State Of H. P.

2018-07-17

AJAY MOHAN GOEL, SANJAY KAROL

body2018
JUDGMENT Sanjay Karol, A.C.J. (Oral) - This Court had taken suo motu action on a letter petition addressed to this Court by the residents of villages Rampur Mazri, Bharapur, Mehrar and Dhaula Kuan, District Sirmour, H.P., wherein they have highlighted the pollution being caused by respondent No. 4, namely Vally Iron and Steel Company, Rampur Mazri, District Sirmour, H.P. in village Rampur Mazri, District Sirmour, H.P. 2. On 1st June, 2018, while issuing notice, this Court had requested Ms. Sheetal Vyas, Advocate, to assist as Amicus Curiae. This Court had also directed respondent No. 3, namely H.P. State Pollution Control Board, to depute a competent officer to inspect the premises of respondent No. 4 and submit its response. Thereafter on 25th June, 2018, this Court had passed the following order :- "Mr. B.C. Negi, learned Senior Counsel, states that on or before 28.06.2018, the unit shall be fully complying with the environmental laws. Mr. Shrawan Kumar, Senior Environmental Engineer, who is present in the Court, undertakes to file an affidavit in that regard. List on 16.07.2018 alongwith CWPIL No. 269 of 2017, before which date, such affidavit be positively filed. Officers need not remain present in the Court, unless so directed." 3. Today an affidavit has been filed by the Senior Environmental Engineer of respondent No. 3 Board, relevant contents of which are quoted hereinbelow:- "2. That in compliance to the afore-cited directions, it is submitted that the State Board had issued directions for power disconnection of the unit on 19.06.2018 as the unit had not complied the directions issued by the Board on 04.06.2018 for installation of the secondary suction system to control emissions during the pouring and tapping process in the unit''s Argon-Oxygen De-Carbonization (AOD) system. That the unit undertook to comply the directions, hence State Board issued order for restoration of electricity/allowed the unit for test trial run. 3. That the unit was inspected by Regional Office Paonta Sahib on 4.7.2018, 7.7.2018, 9.9.2018 and 11.7.2018 and it was found that the unit has installed Secondary Suction System at Argon-Oxygen De-Carbonization (AOD) for suction of fugitive emission during charging and tapping process. In addition to above, the unit has completed the interlocking of all the air pollution control devices. Separate Energy Meters have been provided to record the energy consumption of air pollution control devices at Induction Furnace, Argon-Oxygen De-Carbonization (AOD), Rolling Mill and Lime Kiln. In addition to above, the unit has completed the interlocking of all the air pollution control devices. Separate Energy Meters have been provided to record the energy consumption of air pollution control devices at Induction Furnace, Argon-Oxygen De-Carbonization (AOD), Rolling Mill and Lime Kiln. The unit has installed a water cooled multicyclone in addition to Pulse Jet filter Bag House and stack of ht. 30 mts at the Induction Furnace. A Wet Scrubber has has been installed at Reheating Furnace. Air pollution control devices at Lime Kiln has been interlocked and a separate Energy Meter has been installed for recoding energy consumption of the same. 4. That during inspection on afore-cited dates, it was observed that unit has installed the requisite pollution control devices but air monitoring of the unit could not be conducted as the unit was found non-operational, hence efficiency of air pollution control devices installed by the unit could not be assessed. The Regional Office, H.P. State Pollution Control Board, Paonta Sahib shall conduct the stack (chimney) and air monitoring of the unit within one week time to check the air emissions of the unit, the sample will be analyzed from the State Board''s Laboratory and results will be submitted within two weeks time. In case air emission from the stack (chimney) fails to conform the prescribed standards during test rial run the State Board shall initiate regulatory action or will not allow the unit to operate." 4. Taking into consideration the averments made in the affidavit, we close these proceedings by observing that the respondent-Board shall not allow the unit to operate till it is confirmed that the air emission from the stack (chimney) is within the prescribed limits. Respondent-Board shall also ensure that the unit complies with all Environmental Laws. With these observations, the petition is disposed of so also pending applications, if any. 5. Before parting, we wish to place on record appreciation qua the efforts put in by Ms. Sheetal Vyas, learned Amicus Curiae, who on the instructions of this Court, contacted letter petitioner and obtained necessary feedback. 6. Registry is directed to send a copy of this judgment to Deputy Commissioner, Sirmour, District Sirmour, H.P. for necessary action as well as to the letter petitioners to enable them to take follow up action with the concerned authorities.