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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 09TH DAY OF JANUARY 2020 / 19TH POUSHA, 1941
WP(C).No.32958 OF 2018(S)
PETITIONERS:
1 THULSIDHARAN PILLAI
AGED 60 YEARS
S/O.LATE THANKAPPAN, RESIDING AT VARUVILATHU VEEDU,
DEVI NAGAR, NO. 6, ULIYAKOVIL, KOLLAM, PIN 691019
2 JANARDANAN PILLAI
AGED 65 YEARS
S/O. LATE KUTTAN PILLAI, VAISHNAVOM, DEVI NAGAR - 15,
ULIYAKOVIL P.O., KOLLAM, PIN 691019
3 BIJU
AGED 34 YEARS
S/O. MOHANAN, AADIKALATHU VEEDU, DEVI NAGAR, NO. 12,
ULIYAKOVIL, KOLLAM, PIN 691019
4 SAJEEV
AGED 40 YEARS
S/O. SISUPALAN, DEVI NAGAR NO. 16, ULIYAKOVIL,
KOLLAM, PIN 691019
BY ADV. SRI.K.B.PRADEEP
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT
HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695001
2 THE DISTRICT COLLECTOR
OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION P.O.,
KOLLAM - 691 013.
3 THE REVENUE DIVISIONAL OFFICER
COLLECTORATE, CIVIL STATION P.O., KOLLAM - 691 013.
WP(C).No.32958 OF 2018 2
4 THE TAHSILDAR
TALUK OFFICE, KOLLAM - 691 001.
5 KERALA STATE POLLUTION CONTROL BOARD
KADAPPAKKADA P.O., KOLLAM - 691 008, REPRESENTED BY
ITS SENIOR ENVIRONMENTAL ENGINEER.
6 THE DISTRICT MEDICAL OFFICER (HEALTH)
COLLECTORATE, CIVIL STATION P.O., KOLLAM - 691 013.
7 THE KOLLAM CORPORATION
CORPORATION BUILDINGS, KOLLAM - 691 001,
REPRESENTED BY ITS SECRETARY.
8 SMT. JASMINE WILSON
W/O. WILSON, ANNA AGENCIES, CHETTINAD CEMENT
CORPORATION, ULIYACOVIL P.O., KOLLAM (FROM MYLOTH
HOUSE, MUNDAKKAL P.O., KOLLAM).
9 DALMIA CEMENT BHARATH LIMITED
MATHRUKA NAGAR -1, ULIYACOVIL P.O.,
KOLLAM - 691 019, REPRESENTED BY ITS THE MANAGER.
10 INDIA CEMENTS LIMITED
BHAVANA NAGAR - 191, KADAPPAKKADA,
KOLLAM - 691 008, REPRESENTED BY ITS MANAGER.
11 CHETTINAD CEMENT CORPORATION PVT. LTD.
1ST FLOOR, SHAJIS BAKERY BUILDING, PULLIKADA
AASHRAMOM POST, KOLLAM, PIN - 691 001.
R1-R4 & R6 BY SENIOR GOVERNMENT PLEADER ARAVIND
KUMAR BABU
R5 BY SRI. T.NAVEEN SC, KERALA STATE POLLUTION
CONTROL BOARD,
R7 BY SRI.M.K.CHANDRA MOHAN DAS,STANDING COUNSEL
R8 & R10 BY ADV. SRI.K.MANOJ CHANDRAN
R11 BY ADV. PRATHEESH.P
R9 BY ADV. SRI.C.SREEKUMARAN NAIR (CSN)
R9 BY ADV. SRI.PRATHAP PILLAI
R9 BY ADV. SRI.VISHNU PRATHAP PILLAI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
09.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.32958 OF 2018 3
JUDGMENT
S.MANIKUMAR,CJ Contending inter alia that respondents 8 to 11 did not provide dust extracting system or measures to control, cement powder/dust emanating from the godowns while loading and unloading, which has caused considerable health hazardous complaints to the petitioner and others, in particular, the said godowns are located in proximity to a high school, an L.P.School, Anganwadi and a temple, instant writ petition is filed seeking the following reliefs:
(i) Call for the records leading to the License and Permission issued to respondents 8 to 11 to conduct the cement godowns at Devi Nagar, Uliyakovil, Kollam District and set aside the consent, License and permissions issued by Respondents to conduct the Cement Godowns operated/run at Uliyacovil, in Kollam East Village, Kollam District by the Respondents 8 to 11, for non-adherence to pollution abating techniques,
(ii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the Respondents 1 to 7 to proceed against the Respondents 8 to 11 under S.440 of The Kerala Municipality Act, Air Pollution Act, Code of Criminal Procedure and Kerala Police Act for illegal operation of the Cement Stock yard/ Godown adjacent to the Petitioners residential units, causing very severe Air Pollution, and Health Hazards to the Petitioners family along with the other residents of the Uliyacovil area in Kollam West Village.
WP(C).No.32958 OF 2018 4(iii) declare that the Respondents 1 to 7 statutory authorities are bound to trigger appropriate proceedings against the Respondents 8 to 10 under Kerala Municipality Act, Air Pollution Act, Code of Criminal Procedure and Kerala Police Act 2011, against the Respondents 8 to 11 for the illegal operation of the Cement Godown at Devi Nagar, Uliyakovil in Kollam East Village, Kollam District causing Air Pollution, and raising serious threat to the health of the Petitioners and their family and the general public at large of the Uliyacovil Area
(iv) Issue a command in the nature of mandamus directing respondents 1 to 7 to ensure that respondents 8 to 11 do not operate the cement stock yards /godowns at Devi Nagar, Uliyakovil in Kollam East Village, Kollam District without obtaining consent to operate for all the three cement stocking sheds, from the 5th respondent and without implementing necessary air pollution abatement procedures if any suggested by the 5th Respondent.
(v) Direct the 5th respondent to cause an inspection at the cement Godown premises of the 8th respondent at Devi Nagar, Uliyakovil in Kollam East Village, Kollam District and file a report to this Hon'ble Court.
(vi) issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.
2. Respondents 8 to 11 have filed their respective counter affidavits. We directed 5th respondent to cause inspection of the godowns and to submit reports as regards the allegations made in the writ petition.
Pollution Control Board has filed three reports, which are extracted hereunder:
WP(C).No.32958 OF 2018 5Report No.1 dated 25.10.2018 REPORT FILED BY THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, KOLLAM, ON BEHALE OF THE 5TH RESPONDENT IN THE ABOVE CASE, AS DIRECTED BY THIS HON'BLE COURT.
Report filed as per directions of the Hon 'ble Court by Smt.Simi. P. aged 37 years. D/o Sri. T.V. Baby residing at Anizham, Maithanam, Varkala P.O., Thiruvananthapuram-695141, Environmental Engineer, Kerala State Pollution Control Board, District Office, Kollam.
2. It is most respectfully submitted that the nearby residents had filed complaint before this respondent on 03/04/2018 against the cement godowns of the respondents 8 to 10. The cement godowns of respondents 8 to 10 are operative at present with valid consents of the Board. The Consent to Operate of respondent 8 is valid up to 31/01/2020. The copy of the same is produced herewith and marked as Annerure R5(a). The Consent to Operate of respondent 9 is valid up to 31.03.2023. The copy of the same is produced herewith and marked as Annexure R5(b). The Consent to Operate of respondent 10 is valid up to 31.08.2020. The copy of the same is produced herewith marked Annexure R5(c). Respondent 11 had applied for Integrated Consent to Operate on 29.05.2014. However during the inspection conducted on 29.08.2014 it was noticed that the minimum distance criteria of 10 m was not met & necessary pollution control measures were not provided. Hence notice of intention of refusal of consent was issued to the industry on 17.09.2014 and the consent was refused on 21.01 2015. The copy of the same is produced herewith and marked as Annexure R5(d). On receipt of further complaint the unit was inspected on 7.5.2015 and noticed that the unit was still continuing operation. Hence direction was issued on 14.05.2015 to stop the operation. The copy of the said direction along with the English translation is produced herewith and marked as Annexure R5(e). The industry vide letter dated 10.07.2015 had reported that the operation had been stopped. The copy of the same is produced herewith and marked as Annexure R5(f).
3. It is respectfully submitted that the complaint received against the respondents 8 to 10 was enquired on 15.05.2018. There are no residential buildings within the 10m radial distance of the units. As per the existing categorization of Units. Cement Godown is included in the Green category, for which 3 mtr distance alone is required to be maintained by the Unit from a nearby residence. The Units had provided necessary pollution control measures inside their premises. The WP(C).No.32958 OF 2018 6 complainants were met with during the inspection. Their main complaint is dust pollution from the vehicles carrying cement to and from the godowns and their over speed. The later does not come under the purview of the Board.
4. It is respectfully submitted that the necessary directions to control dust have been issued to the respondents 8 to 10. Copy of the said direction dated 1-6-2018 along with the English translation is produced herewith and marked as Annexure R5(g). Compliance report was submitted by respondents 8 and 10. Reminder was issued to respondent 9 on 09.10.2018. Copy of the said communication dated 9- 10-2018 along with the English translation is produced and herewith and marked as Annexure R5(h). Reply from the unit is not yet received. As per the Hon'ble Court's direction inspection was conducted on 24.10.2018. During the spection it was noted that after unloading, the trucks were washed and cleaned inside the unit premises. The loaded trucks were covered with tarpaulin sheet. Hence the Board's directions were complied. However name boards were not seen provided for any of the godowns. Direction was issued to the respondents to 8 to 10 to provide the same. Copy of the said direction dated 25-10-2018 along with the English translation is produced herewith and marked as Annexure R5(i).
5. It is most respectfully submitted that this respondent have acted as per the prevailing Rules and norms. Necessary directions were timely issued based on complaints received. The units reply with the directions of the Boards and the same shall be monitored. For the reason stated above, it is submitted that there is no substance in the contentions taken in the Writ petition and petitioner is not entitled for the reliefs sought for.
All the above are true to the best of my knowledge, information and belief Dated this the 25th day of October 2018.
Sd/-
Simi.P.
Environmental Engineer Kerala Pollution Control Board, District Office, Kollam.
T. Naveen Standing Counsel for the K.S.P.C.B.
Report No.2 dated 13.3.2019 REPORT FILED BY THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, KOLLAM, ON BEHALF OF THE 5TH RESPONDENT IN THE ABOVE CASE AS DIRECTED BY THIS HON'BLE COURT, WP(C).No.32958 OF 2018 7 Report filed as per directions of this Hon'ble Court by Smt. Simi.P, aged 37 years, D/o Sri. T.V. Baby, residing at Anizham, Maithanam, Varkala P.O., Thiruvananthapuram-695 141, Environmental Engineer, Kerala State Pollution Control Board, District Office, Kollam.
It is most respectfully submitted that as directed by the Honourable Court, inspection was conducted in the cement godowns of Respondents 8 to 10 by Board Officers on 06.03.2019 and the compliance of consent conditions 5.10 to 5.17 were verified. The 11th respondent's godown is not in operation. The vehicles carrying cement were seen property covered. The internal roads were not found tarred or paved. The loading and unloading of cement was seen carried out within the compound wall. The vehicles were found to be halted near to the door of the godown to load or unload the cement bags from or to the godown. The concentration of PM10 (Particulate matter of size less than 10 microns) and PM2.5(Particulate matter of size less than 2.5 microns) as well as sound level were also monitored to ascertain the adequacy of the Pollution control measures adopted. The monitoring results are tabulated below.
S.No. Description PM10 PM2.5 Sound Level.
1 Anna Agencies Ambient Ambient Less than
value:87.88ug/M3 value:3.16ug/M3 55dBA
during loading and during loading and
unloading: unloading:
95.9 ug/M3 5.30 ug/M3
2 Dalmia Cement Ambient Ambient Less than
Bharat Limited value:125.45ug/M3 value:4.96ug/M3 55dBA
during loading and during loading and
unloading: unloading:
184.17ug/M3 5.13ug/M3
3 India Cements Ambient Ambient Less than
value:116.16ug/M3 value:8.33ug/M3 55dBA
during loading and during loading and
unloading: unloading:
168.18ug/M3 50 ug/M3
It is found that the value of PM10 is exceeding the permissible limit of 100ug/M3 for respondents 9 and 10. The value of PM2.5 is within permissible limits of 60ug/M3 for respondents 8 to 10. The sound level was also found to be within permissible limits. The operation time and solid waste management are as per the consent conditions.
It is respectfully submitted that if the loading and unloading cement is carried out by taking the vehicles inside the godown there would have been no pollution due to dust. However, the godowns of respondents 8 to WP(C).No.32958 OF 2018 8 10 are not large enough to carry out loading and unloading in this manner. Hence, the respondents 8 to 10 were directed to provide enclosure to the area near to the godown where the vehicles are halted for loading and unloading and also to tar or pave the internal roads. If the respondents operate in compliance with the said directions there will not be any pollution problem to the petitioners.
All the above are ture to the best of my knowledge, information and belief.
Dated this the 13th day of March, 2019.
Sd/-
Simi.P.
ENVIRONMENTAL ENGINEER Kerala Pollution Control Board, District Office, Kollam.
T. Naveen Standing Counsel for the K.S.P.C.B.
Additional report dated 12.12.2019 ADDITIONAL REPORT FILED BY THE ENVIRONMENTAL ENGINEER. KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE. KOLLAM, ON BEHALF OF THE 5TH RESPONDENT, AS DIRECTED BY THIS HON'BLE COURT ON 14-11-2019.
Report filed as per directions of the Hon'ble Court by Smt.Simi.P, aged 38 years. D/o Sri. T.V. Baby residing at Anizham, Maithanam, Varkala.P.O., Thiruvananthapuram-695141, Environmental Engineer, Kerala State Pollution Control Board, District Office, Kollam.
2. In compliance with the Order of this Hon'ble Court dated 14-11- 2019, this respondent had issued notice, vide letter dated 20.11.2019, to the Units for arranging facility to conduct air quality monitoring from 25- 11-2019 to 27-11-2019. Monitoring was conducted on the above mentioned dates as per schedule. However, accurate results could not be obtained due to the malfunctioning of the equipments used. When the Writ Petition came up for further consideration, the above facts were placed before this Hon'ble Court and this Hon'ble Court pleased to grant further time to complete the air monitoring, as directed earlier. The inconvenience caused to this Hon'ble Court in this regard is deeply regretted.
WP(C).No.32958 OF 2018 93. It is most respectfully submitted that, thereafter air monitoring was conducted by the Board in the units from 5.12.2019, continuously for three days. The loading and unloading of the cement was found carried out on all days during the said monitoring. The loading and unloading of cement was found carried out during day time and the same was carried out only inside the enclosed area earmarked for the said activity of the Units. The copy of the monitoring report is produced herewith and marked as Annexure R5(a). As per the norms PM10 measured at 1m outside of the boundary of the unit shall not exceed 100ug/M3 and PM2.5 shall not exceed 60ug/M3.. The monitoring results are tabulated below:
I.Location:M/s.Dalmia Cements (9th respondent) Sl.No Date Particulars Unit Value reported .
1 05/12/19 PM10 ug/M3 42.49
2 PM2.5 23.19
ug/M3
3 06/12/19 PM10
ug/M3 33.33
4 07/12/19 PM10 ug/M 3
20.43
II. Location: M/s.India Cements Ltd.(10th respondent) Sl. Date Particular Unit Value No. s reported 1 05/12/ PM10 ug/M3 48.5 19 2 06/12/ PM10 ug/M3 56.47 19 PM2.5 ug/M3 34.29 4 07/12/ PM10 ug/M3 34.46 19 III. Location: M/s.Anna Agencies(8th respondent) Sl.No. Date Particulars Unit Value reported 1 05/12/19 PM10 ug/M3 112.65 2 06/12/19 PM10 ug/M3 80.99 WP(C).No.32958 OF 2018 10 3 07/12/19 PM10 ug/M3 63.77 PM2.5 ug/M3 42.28
4. The 8th respondent had provided the loading/unloading shed with corrugated sheet roofing. The shed is adjoining the godown. Other sides are enclosed using garden net upto the roof level. Curtain, using garden net is provided to the fourth side used for entry/exit of vehicles. It is observed that the comparatively higher values obtained from the station near M/s.Anna Agencies, could be due to the proximity of the road and a cashew factory functioning nearby.
5. The 9th respondent had provided the loading/unloading shed with corrugated sheet roofing. Two sides share common wall with the godown buildings. The third side has wall for about 1.5m height and garden net enclosures for the remaining height up to roof level. Curtain, using garden net is provided to the fourth side used for entry/exit of vehicles.
6. The 10th respondent had provided the loading/unloading shed with corrugated sheet roofing. Two sides are enclosed using tarpaulin sheets up to roof level and third side shares a common wall with the godown. Curtain, using garden net is provided to the fourth side used for entry/exit of vehicles.
7. It was observed that the garden net, used as curtain at the entry/exit point of the units are drawn to the sides to enable entry of vehicles to the loading/unloading area and thereafter the curtains are closed, completely closing the loading/unloading area. Dust suppression is achieved in all units by water sprinkling. Considering the particle size distribution of cement PM10 is more indicative of the same. The values of PM10 on the third day in all the units are considerably lower than those of the first two days. On the third day the units had increased the frequency of wetting of their premises and roads. In this regard it is most respectfully submitted that the air quality standards are attainable with the existing control measures such as enclosure to the loading/unloading area and wetting of the premises and roads, provided they are maintained properly at all times during the operation of the units. As such, it is observed that the consent conditions are found complied with by the Units. Further, when the frequency of wetting the unit premises and the roads was increased the dust was found to have reduced and air quality had improved considerably.
8. When the matter is considered in detail it is noticed that though the enclosure using tarpaulin/garden net is found to be adequate to meet the air quality standards at present, the enclosure using such materials are of temporary nature and the chance of these getting easily damaged cannot be ruled out. Hence, it is desirable to provide enclosure of a permanent nature to the loading/unloading area. Further, being an enclosed area, the cement dust will be contained within the shed where WP(C).No.32958 OF 2018 11 the loading/unloading is carried out. This dust so accumulated inside the shed, if not removed at regular intervals may possess health hazard to the labourers who are working frequently inside the closed shed. Hence, providing dust extraction system for the loading/unloading shed is found to be necessary. Direction was issued to the units to provide dust extraction system. The copy of the direction dated 12.12.2019 is produced herewith and marked as Annexure R5(b).
All the above are true to the best of my knowledge, information and belief.
Dated this the 12th day of December, 2019.
Sd/-
Simi.P.
ENVIRONMENTAL ENGINEER Kerala Pollution Control Board, District Office, Kollam.
T. Naveen Standing Counsel for the K.S.P.C.B.
3. Going through the reports, in particular the last report dated 12.12.2019, we accept that, the Pollution Control Board, has taken appropriate action to ascertain the extent of pollution caused by respondents 8 to 11 as indicated supra and Pollution Control Board has also suggested that, it is desirable to provide a dust extraction system for the loading/unloading shed.
4. Learned counsel appearing for respondents 8 to 11, consented to provide dust extraction system, insisted by the Pollution Control Board.
Submission of the learned counsel for respondents 8 to 11 is placed on record. Such dust extraction system for the loading/unloading shed, has to be provided within one month from today.
WP(C).No.32958 OF 2018 125. Placing on record the action taken by the Pollution Control Board as evidenced in the reports cited supra, we are not inclined to issue further directions. However, before parting with the same, we only direct the Pollution Control Board to cause periodical inspection of the godowns owned by respondents 8 to 11 once in two months to ensure that said place is within the air control limits.
Writ petition is disposed of accordingly.
Sd/-
S.MANIKUMAR CHIEF JUSTICE Sd/-
SHAJI P.CHALY
Smv JUDGE
10.1.2019
WP(C).No.32958 OF 2018 13
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COMPLAINT FIELD BY THE
LOCAL RESIDENTS AND NEIGHBORS OF THE
PETITIONERS, BEFORE THE 2ND RESPONDENT
ALONG WITH ITS ENGLISH TRANSLATION.
EXHIBIT P2 TRUE COPY OF THE LETTER DATED 30/04/2018
FROM THE 5TH RESPONDENT STATING THAT
NECESSARY DIRECTION STANDS ISSUED TO THE
7TH RESPONDENT ALONG WITH ITS ENGLISH
TRANSLATION.
EXHIBIT P3 TRUE COPY OF COMMUNICATION NO. H5-21439/18
DATED 03.05.2018 ISSUED BY THE 7TH
RESPONDENT ALONG WITH ITS ENGLISH
TRANSLATION.
RESPONDENT'S EXHIBITS:
EXHIBIT R8A TRUE COPY OF THE CONSENT TO OPERATE ISSUED
BY THE POLLUTION CONTROL BOARD DATED 01-
09-2016.
EXHIBIT R8B TRUE COPY OF THE NOTICE DATED 6-06-2019.
EXHIBIT R8C TRUE COPY OF THE LETTER DATED 12-06-2019.
EXHIBIT R8D TRUE COPY OF THE LETTER DATED 19-06-2019
AND ITS ENGLISH TRANSLATION.
EXHIBIT R8E TRUE COPY OF THE LETTER DATED 8.7.2019AND
ITS ENGLISH TRANSLATION.
EXHIBIT R8F TRUE COPY OF THE ACKNOWLEDGMENT DATED
8.7.2019 AND ITS ENGLISH VERSION
EXHIBIT R8G TRUE COPIES OF THE PHOTOGRAPHS SHOWING THE
PRESENT LIE AND NATURE OF THE PROPERTY
EXHIBIT R10(a) TRUE COPY OF THE CONSENT TO OPERATE ISSUED
BY THE POLLUTION CONTROL BOARD DATED 12-
09-2017.
EXHIBIT R10(b) TRUE COPY OF THE NOTICE DATED 6-06-2019.
EXHIBIT R10(c) TRUE COPY OF THE LETTER DATED 20-06-2019.
WP(C).No.32958 OF 2018 14
EXHIBIT R10(d) TRUE COPY OF THE LETTER DATED 22-06-2019
AND ITS ENGLISH TRANSLATION.
EXHIBIT R9(A) COPY OF THE CONSENT TO OPERATE ISSUED BY
KERALA STATE POLLUTION CONTROL BOARD DATED 19.6.2018 EXHIBIT R9(B) COPY OF LETTER BY RESPONDENT NO.9 DATED 11.6.2019 ADDRESS TO RESPONDENT NO.5 EXHIBIT R9(C) COPY OF LETTER DATED 8.7.2019 SEEKING EXTENSION OF 15 DAYS ADDRESS TO RESPONDENT NO.5 ANNEXURE R5(a) TRUE COPY OF THE AIR QUALITY MONITORING REPORT ANNEXURE R5(b) TRUE COPY OF THE DIRECTION DATED 12.12.2019