Explainer: No ready mix concrete plant to operate without pollution control board’s nod

The Haryana State Pollution Control Board (HSPCB) has initiated closure action against 21 Ready Mix Concrete (RMC) plants for violating environmental norms under the Water Act and Air Act. The plants were found operating without getting valid consent to operate (CTO) and consent to establishment (CTE) from the HSPCB. They were also found extracting groundwater without getting consent from the Haryana Water Resource Authority (HWRA).The HSPCB had also imposed Rs 1.90 crore as an environmental compensation (EC) on the RMC plants in February. The HSPCB clearly mentioned that as per the policy, no RMC plant can be operational without getting valid CTE and CTO from the pollution control board. Apart from it, the Deputy Commissioners in Panipat and Karnal also held meetings over the issue and directed various departments to regulate operations of RMC plants.What were the allegations levelled against ready mix concrete plants before the National Green Tribunal?Deepak, a resident of Dadlana village, had filed a complaint against RMC plants mushrooming in his village and about their illegal operation in January last year.The complainant alleged that for the civil work of Indian Oil Corporation Limited (IOCL) refinery at KP-25 projects, several construction companies have set up RMC plants on the agricultural land by taking land on rent from farmers. The RMC plants were extracting groundwater illegally without permission from the competent authority. They were also emitting huge quantity of dust during their operation, causing air pollution in the area and posing risk to the health of local people.What were NGT’s direction in the case?Following the complaint, the NGT constituted a joint committee of District Magistrate (DM), HSPCB and Central Pollution Control Board (CPCB) and sought a ground report on the RMC plants.What action the pollution control board took against owners of RMC plants?Following the NGT directions, the joint team carried out a survey of the area and found 23 RMC plants – 17 in Panipat district and six in Karnal district — operational. Of all, only two plants had valid CTE and CTO from the pollution control board, while 21 RMC plants — 16 in Panipat and five in Karnal district — were found operating illegally. During the inspection, the committee also found the allegations of air and water pollution true. The RMC plants were established without getting valid CTE and CTO from the pollution control board and these were set up on agricultural land without getting change of land use (CLU) certificates. Moreover, all 21 plants were extracting groundwater without a valid permission from the HWRA. The HSPCB initiated closure proceedings against them and imposed an EC of Rs 1.90 crore on them in the beginning of this year. Now, the closure action has also been initiated against these RMC plants.What was the pollution control board member secretary’s reply to green tribunal?Pradeep Dagar, Member Secretary, HSPCB, in his reply to the NGT said the RMC plants should not operate under any circumstances until valid CTO is obtained from the board. Therefore, directions under Section 33-A of the Water (Prevention and Control of Pollution) Act, 1974 and Section 31-A of the Air (Prevention &Control of Pollution) Act, 1981 for Closure/Non-Operation were issued against the plants found operating without the consent of the board.Closure action had been taken against 21 RMC plants under Water Act, 1974 and Air Act, 1981 as found by the joint committee during the inspection, besides imposition of EC on the plants.What were the directions issued to different departments?Following the compliance of the NGT’s order on July 17, a meeting was convened by the district administrations of Panipat and Karnal to ensure regulatory control over the RMC plants. Panipat Deputy Commissioner Virender Kumar Dahiya in a meeting held on September 1 directed the district mining officer to monitor the supply of construction material only from the licenced source as the monitoring of such suppliers shall help in detection and prevention of illegal operation of RMC plants. DC Dahiya also directed the Municipal Corporation, Public Health Engineering Department, Irrigation Department and Public Works Department to ensure that all RMC plants installed for government works have valid CTE and CTO. The DC also directed to procure material only from such RMC units, which have valid CTE, CTO and permission from the authorities concerned.If any RMC plant is found operating illegally, the department concerned should intimate the regional officer of the HSPCB for action. The Town & Country planning department has been directed to keep a regular vigil over any illegal establishment of RMC within its jurisdiction and to initiate immediate proceedings for its demolition.The Deputy Commissioner further said the IOCL refinery should direct all its sub-contractors to obtain requisite permissions from the HSPCB and other departments concerned prior to commencement of the operations to ensure strict compliance of the prescribed environmental norms.

Explainer: No ready mix concrete plant to operate without pollution control board’s nod

Mukesh Tandon

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