RAJENDRASINH MANSINH KASHTRYA Vs. GUJARAT POLLUTION CONTROL BOARD

JUDGEMENT

(1.) BY this Application, Applicant Rajendrasinh has sought following directions: (I) Direct the Respondent Gujarat Maritime Board to stop coal handling unit located at Navlakhi Port on southwest end of the Gulf of Kutch in Hansthal Creek. (II) Direct the State Pollution Control Board to do the assessment of the damage done to the environment to the marine life of the coastal area by the Gujarat Maritime Board by illegally operating the coal handling units. (III) Direct the Gujarat Maritime Board to restore the area on the basis of polluter pays principle. (IV) Direct the State Pollution Board to initiate proper action against the Gujarat Maritime Board for violating the environmental laws and polluting the environment.

(2.) THE Application is filed under Section 14, 15 read with section 18 of the National Green Tribunal Act, 2010. Main grievance of the Applicant is against port activities of "Navlakhi Port" operated by Gujarat Maritime Board (Respondent No. 2).

(3.) BRIEFLY stated, the Applicant's case is that without obtaining required lawful consent under provisions of the Air (Prevention and Control of Pollution) Act, 1981, Navlakhi Port is handling coal units, dumping coal near open areas and transportation thereof in the nearby places which results into Air and Water Pollution. Thus, the Respondent No. 2 is causing violation of the Air (Prevention and Control of Pollution) Act, 1981 as well as that of the Water (Prevention and Control of Pollution) Act, 1974, and guidelines provided for coal handling. The Respondent No. 1 -Gujarat Pollution Control Board is a regulatory body which is legally bound to control the Air and Water Pollution. The Navlakhi Port imports coal from foreign countries on large scale. The Port has installed coal handling capacity of 8.05 million tons per annum (MTPA) which is mainly is imported and huge stock of coal is collected in open area. Thus, coal stocking activity results in coal dust emission. The Port is lighterage Port. Therefore, big vessels cannot enter the port for the purpose of unloading the coal. So, big vessels are anchored away from where the coal is transported through small vessels to Navlakhi Port where it is unloaded and stacked in huge heaps. Thereafter, it is loaded in trucks for supply to various consumers. The coal handling without proper management system is causing Air Pollution. It also leads to health hazard viz. breathlessness, eye soar etc. amongst the workers, residents of nearby area and passersby. The Maritime Board has not provided water fogging and sprinkling system in the coal handling area. There is no compound wall around the coal yards. The nearby agriculture fields are adversely affected due to emission of the coal dust which is spreading due to the wind and hurricane. The Gujarat Pollution Control Board (GPCB) noted several deficiencies in the coal handling of Navlathi Port and gave directions from time to time. The consent to operate was also denied on two occasions, yet, the coal handling system of Navlakhi Port did not show any improvement. Consequently, the Applicant filed present Application seeking the directions as mentioned above.