The Supreme Court has sought for a report from the Central Pollution Control Board (CPCB) on pollution by stone crushing units after an appeal by the Ministry of Environment.
The top court also asked CPCB to mention whether these units should be brought under the Schedule of the Environment Impact Assessment (EIA) Notification, 2006, thereby necessitating obtaining environmental clearance.
A Division Bench comprising Justices Sanjiv Khanna and Dipankar Dutta ordered CPCB to collect necessary data and carry out scientific studies on the issue and consecutively file a report within 8 weeks. The bench ruled that in case environment clearance is required by the Stone Crushing Units, the Central Pollution Control Board, notwithstanding the present order, would issue direction as required in accordance with law.
The Ministry of Environment filed an appeal against a judgement of the National Green Tribunal, Kolkata which ordered inter-alia that prospective stone crushing unit shall be informed by the State Pollution Control Board that they must apply for Environment Clearance in terms of Tribunal’s order, until necessary amendments were made to Parivesh Portal, to facilitate filing of online application by such proposed units.
Previously, the tribunal had said that the State Pollution Control Board shall at the time when such a Unit submits an application seeking Consent to Establish (CTE) and Consent to Operate (CTO) inform them to apply for taking Environmental Clearance in terms of the directions given by the Tribunal.
Following the directions, the Ministry preferred appeal, in which the top court issued notice and impleaded the CPCB. The court directed for the aforementioned direction of the Tribunal to be kept in abeyance till the next date of hearing.
After being informed that CPCB has issued certain guidelines for Stone Crushing Units, the Bench ordered the Board to place on record scientific data pursuant to which the guidelines were issued, and apprise as to whether the guidelines had decided on non-requirement of environmental clearance.
The matter was whether Environmental Clearance was required for stone crushing activity. During the proceedings before the Tribunal, West Bengal Pollution Control Board had informed that during inspection, neither Unit could produce an Environmental Clearance.
Furthermore, the State Level Environment Impact Assessment Authority (SEIAA), West Bengal had noted that stone crushing activity was not included in Schedule to EIA Notification, and that there was no provision for proposed Stone Crushing Units to file for Environmental Clearance on the Parivesh Portal.