Order of the National Green Tribunal regarding categorisation of industries using fly ash, 17/01/2020
Order of the National Green Tribunal in the matter of M/s Platinum AAC Blocks Pvt. Ltd. Vs Pollution Control Committee, Daman Diu & Dadra Nagar Haveli & Others dated 17/01/2020.
The appeal was preferred against the order of the Pollution Control Committee (PCC), Dadra Nagar Haveli, Silvassa under Section 33-A of the Water (Prevention and Control of Pollution) Act, 1974 and Section 31-A of the Air (Prevention and Control of Pollution) Act, 1981. The PCC directed closure of the unit - Platinum AAC Blocks, after holding that the activities of the unit were not permissible and were without requisite consent.
Considering the plea of the unit that utilization of fly ash was not red category industry, as wrongly assumed, by order dated September 19, 2019, the tribunal sought a report from a joint Committee comprising Central Pollution Control Board (CPCB) and PCC, Daman Diu and Dadra Nagar Haveli.
Accordingly, a report was filed on November 27, 2019, which stated that PCC has rejected to grant CTE (consent to establish) to the unit as the unit falls under Category-I, which is banned in the Union Territory of DD&DNH as per the Gazette Notification No. PCC/DMN/13-(Part-IV)/98-99/201415/1200, dated October 9, 2015. In order to harmonize the “criteria of Categorization of Industries” and bring about necessary uniformity in its application across the country, CPCB had issued directions to all SPCBs/PCCs dated March 7, 2016 to revise/prepare the inventory of Red, Orange, Green and While Categories of industries operating in their jurisdiction.
This was to be based on the revised criteria specified in the document (Final document on revised Classification of industrial sector under Red, Orange, Green & White Categories) published by CPCB dated February 29, 2016.
The PCC, Daman Diu & Dadra Nagar Haveli informed the Tribunal that it was in the process to harmonize the categorization of industries in compliance of the direction issued by CPCB.
In view of the above, the view taken by the PCC cannot be sustained and was set aside, by the NGT. Further, the NGT directed the PCC to pass a further order in accordance with law within two weeks.