Supreme Court Asks Central Pollution Control Board To Examine Issue Of Pollution By Stone Crushing Units, Calls For Report

In an appeal by Ministry of Environment, the Supreme Court has called for a report from the Central Pollution Control Board (CPCB) on the issue of pollution by Stone Crushing Units and as to whether these Units should be brought under the Schedule of the Environment Impact Assessment (EIA) Notification, 2006, thereby necessitating obtaining of environmental clearance.

A Division Bench of Justices Sanjiv Khanna and Dipankar Dutta asked CPCB to collect necessary data and conduct scientific studies on the issue, and file a report within 8 weeks.

"In case environment clearance is required by the Stone Crushing Units, the CPCB, notwithstanding the present order, would issue directions as may be required in accordance with law", ordered the Bench.

The appeal by the Ministry was filed against a judgment of the National Green Tribunal, Kolkata, which directed inter-alia that prospective Stone Crushing Units shall be informed by the State Pollution Control Board that they must apply for Environmental Clearance in terms of the Tribunal's order, till necessary amendments were made to the 'PARIVESH Portal' to enable filing of online application by such proposed Units.

"...the State Pollution Control Board shall at the time when such a Unit submits application seeking Consent to Establish (CTE) and Consent to Operate (CTO) inform them to apply for taking Environmental Clearance in terms of the directions given by this Tribunal hereinabove and on such application being filed before SEIAA, West Bengal, SEIAA, West Bengal shall consider the same as per directions hereinabove", the Tribunal had said.

Against the direction(s), the Ministry preferred appeal, in which the Supreme Court issued notice and impleaded the CPCB. The court ordered for the aforementioned direction of the Tribunal to be kept in abeyance till the next date of hearing.

On it being pointed out that CPCB has issued certain guidelines for Stone Crushing Units, the Bench further directed the Board to place on record scientific data pursuant to which the guidelines were issued, and apprise as to whether the guidelines had decided on non-requirement of environmental clearance.

The underlying issue in the matter was whether Environmental Clearance was required for stone crushing activity. It had come to light on respondent No.1/Biplab Kumar Chowdhury's application to the Tribunal alleging that Larsen & Toubro (L&T) and Simplex Infrastructure were operating their Stone Crushing Units in river bed of Raidhak-II river without obtaining necessary permissions. 

In course of proceedings before the Tribunal, West Bengal Pollution Control Board had informed that during inspection, neither Unit could produce an Environmental Clearance. The State Level Environment Impact Assessment Authority (SEIAA), West Bengal had pointed out that stone crushing activity was not included in Schedule to EIA Notification, and that there was no provision for proposed Stone Crushing Units to file for Environmental Clearance on the 'PARIVESH Portal'.

Taking note of the fact that as per the Ministry, all files wrt Environmental Clearance are strictly required to be processed through the 'PARIVESH Portal', as well as a Principal Bench decision that Stone Crushing Units must obtain Environmental Clearance, the Tribunal directed inter-alia that L&T and Simplex file for Environmental Clearance with the SEIAA, West Bengal by means other than electronic.

Counsels for appellant (Ministry): ASG Aishwarya Bhati; AOR Gurmeet Singh Makker; Advocates Archana Pathak Dave, Ruchi Kohli, Swarupama Chaturvedi, and Suyash Pandey

CASE TITLE: MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE V. BIPLAB KUMAR CHOWDHURY & ORS., CIVIL APPEAL Diary No(s). 50124/2023

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