The National Green Tribunal (NGT) has taken suo motu cognizance of illegal operation of jaggery units (Kolhu) across various districts of Madhya Pradesh (especially Narsinghpur).
The petition is registered suo motu on the basis of the news item dated 27.07.2024.
As per the articles, these jaggery units cause large scale pollution and hamper the health and well being of the residents of the area.
The articles highlight the order dated 11.05.2022, in respect of illegally operated jaggery making units (kolhus) in Uttar Pradesh. However, it is alleged that despite several complaints, the Madhya Pradesh Pollution Control Board has not taken any action against such illegal units.
The news item states that Narsinghpur district in MP is known for its sugarcane, sugar and jaggery. In the harvesting season, almost 5ooo jaggery making units start operating in the area, spewing smoke and causing large scale air pollution. Furthermore, it is stated that sugarcane peels are used as fuel in jaggery furnaces due to which large amounts of smoke is produced along with other harmful gases like carbon dioxide, carbon monoxide and solid carbon particles. These enter the human body while breathing or eating and can cause severe health and respiratory issues. Moreover, the smoke from these units engulfs the roads and fields around it, causing visibility issues on highways and thereby resulting in accidents.
The news item further highlights that according to the pollution control board, several guidelines have been issued to control the pollution caused by these jaggery units. These include, ban on operation of kolhus without a chimney, fixing the height of the chimneys in proportion to the amount of fuel used in the unit, with minimum height being 20 feet, so that the smoke doesn’t spread on ground level and endanger human life. However it is asserted that most of the kolhus function without following any environmental guidelines and rules causing the smoke to spread on ground level and hamper health and life.
The news item raises substantial issue relating to violation of the environmental norms, especially compliance with the Air (Prevention and Control of Pollution) Act, 1981 and the Environment Protection Act, 1986.
“Power of the Tribunal to take up the matter in suo-motu exercise of power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.”
Hence, the Principal Bench of Justice Prakash Shrivastava and Dr. A. Senthil Vel impleaded the following as respondents in the matter:
(1). Central Pollution Control Board, Through its Member Secretary.
(2). Madhya Pradesh State Pollution Control Board, Through its Member Secretary.
(3). Ministry of Environment and Forest.
(4). District Magistrate, Narsinghpur.
The Bench issued notice to the Respondents.
Since the matter relates to the Central Zonal Bench, Bhopal, therefore, the Bench transferred the matter to the Central Zonal Bench for appropriate further action.Office is directed by the NGT to transfer the original record to the Central Zonal Bench and the matter is listed on 30.09.2024.