Order of the National Green Tribunal regarding categorisation of industries using fly ash - with respect to Platinum AAC Blocks, 27/07/2020

  • 27/07/2020

Order of the National Green Tribunal in the matter of M/s Platinum AAC Blocks Pvt. Ltd. Vs Pollution Control Committee & Others dated July 27, 2020.

It was alleged that harmonious classification was not maintained with regard to fly ash by the Pollution Control Committee ((PCC), Daman Diu and Dadra Nagar Haveli. The order passed by the PCC under challenge was contrary to the Notification issued by the Ministry of Environment, Forest and Climate Change dated February 2, 2019 as well as Notification issued by the Central Pollution Control Board (CPCB) dated July 11, 2019.

The order was also contrary to January 17, 2020 order passed by the NGT, Principal Bench. It was alleged that on October 9, 2015 - the PCC had issued one Notification which was based on June 2015 Notification of CPCB. In 2016, CPCB has changed/rectified its Notification and introduced in categorisation of industries in Red, Orange and Green Category. Fly ash export, transport and disposal facilities were brought under White and Green category of industries by the CPCB.

It was further argued that the Joint Committee report was called for and the State PCC had not signed the report and made certain objections. 09.10.2015, the respondent no. 1, PCC had issued one Notification which was based on June 2015 Notification of CPCB. In 2016, CPCB has changed/rectified its Notification and introduced in categorisation of industries in Red, Orange and Green Category. Fly ash export, transport and disposal facilities were brought under White and Green category of industries by the CPCB.

It was further argued that the Joint Committee report was called for and the State PCC had not signed the report and made certain objections.

Looking the complexity of the matter, with regard to the directions and the Notification issued by the CPCB and state PCC in light of the order passed by the Principal Bench of the Tribunal, the counsels appearing for the parties are of the view and the court was also of the view that this matter should be resolved and decided by a larger Bench/the Principal Bench of the Tribunal at New Delhi. The counsels had no objection and consented that the matter be referred by the Principal Bench. Accordingly, the NGT asked the Registry to place the matter before the NGT Chairperson for transferring the case from the Pune Bench to the Principal Bench at New Delhi.

The matter would be listed again on August 7, 2020.

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