STATE Vs. MAHARASHTRA POLLUTION CONTROL BOARD

JUDGEMENT

(1.) THE Applicants have filed instant Application U/s. 14(1)(2) and 15 of National Green Tribunal Act, 2010 raising questions relating to unauthorized and unscientific burning of tyres which emit smoke containing toxic gases and pollutants affecting the environment and human life. The Applicants submit that the burning of tyres has now become a regular feature in any social and political agitation resulting in pollution and environment damage. The Applicants claim that though they are not willing to blame any individual party or group, but urge that such tyre burning, which is environmentally unsafe activity, needs to be banned immediately. The Applicants further submit that through this Application, they want to raise the need of urgent actions to be taken up by the regulatory agencies which have been impleaded as Respondents, by framing suitable Rules and regulations and also prepare mechanism for enforcing the same. The Applicants further submit that with the increasing awareness on the environmental pollution and its adverse effect on the human health, it is necessary that such steps are taken on priority. The Applicants also draws the attention that there are specific regulations for re -use and re -cycling of used tyres, in most of the advanced countries and also, some developed countries and therefore, plead that India being signatory to various International Environmental Treaties, suitable regulations in this context are urgently required. It is the case of the Applicants that though the Environment (Protection) Act, 1986 and Air (Prevention and Control of Pollution) Act 1981 has given such powers to the regulating agencies, no specific rules or guidelines have been formulated by the Respondents. The Applicants, therefore, seek following reliefs: i. The Respondents may be directed to adopt some scientific and advanced way by framing Rules regarding bar coding which will help to trace the used tyres and prevent the misuse of the old ones. ii. The Respondents may be directed to frame some Rules to regulate the industry relating to remolding of tyres in a more eco -friendly way, as other countries have in order to control the misuse of tyres. iii. The Respondent No. 1 -MPCB may kindly be directed to furnish details regarding number of industrial set up throughout Maharashtra State who are into business of remolding tyres, list of license holders who have been given permission to operate by the MPCB, incidences when MPCB taken actions against such industries for breaking environmental laws, level of toxic elements of the smoke coming out from these industries, measurements related to height of Chimneys at this various industries involved in remolding tyre work in Maharashtra.

(2.) THE Maharashtra Pollution Control Board (MPCB), which is the Regulatory Authority, implementing Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act 1981 is Respondent No. 1. Chief Secretary, State of Maharashtra is Respondent No. 2 and Secretary, Environment Department; Government of Maharashtra is Respondent No. 3. Only Respondent No. 1 has filed Affidavit. Though the notices were served upon Respondent Nos. 2 and 3, they have not filed any affidavit and therefore, considering while noting their absence and non -participation in the Tribunal proceedings, Affidavit of MPCB alone has been taken into account in the present adjudication.

(3.) THE Respondent -1, MPCB has filed two (2) Affidavits through Shri V.M. Motghare, Joint Director. In the Affidavit dated 4th May 2014, MPCB informed that they have constituted a Committee to propose suitable guidelines/regulations for tyre re -treading and tyre recycling Industries. Through the Affidavit dated 11th July 2014, MPCB has placed on record the report of the said Committee. MPCB submits that after sampling and analysis of tyre burning on laboratory scale basis, it has been concluded that the tyre burning in open atmosphere generates highly toxic, mutagenic and hazardous emissions, primarily owing to incomplete oxidation and therefore, MPCB has recommended the State Government, in exercise of the provisions of Sub -section 5 of Section 19 of the Air (Prevention and Control of Pollution) Act 1981, to issue a Notification prohibiting burning of tyres in the Air Pollution Control Area. MPCB has further suggested that the Law and Order enforcement Agencies i.e. Police and District Administration shall also be directed to take appropriate action against such tyre burning under the Bombay Police Act, Criminal Procedure Code etc. The MPCB's Affidavit further emphasize that the proper solution for minimizing such incidents of burning of tyres can be achieved only through creating and implementing a system for re -cycling, re -treading and re -using of used tyres, more particularly, by adopting "Life Cycle Approach" by encouraging and facilitating re -use and re -cycle of tyres. The report goes on to discuss various options to re -use and re -cycle in the International Scenario. The Communication of MPCB dated 8th July 2014, to the Environment Department in this regard is placed on record.