Order of the National Green Tribunal in the matter of Sanjay Kumar Vs State of Uttar Pradesh & Others.

The issue for consideration is permissibility of operation of hot mix plants at Noida beyond ‘carrying capacity’ of the ambient air of the area as per assessment of the statutory regulators – the Central Pollution Control Board (CPCB) and the Uttar Pradesh Pollution Control Board, thereby adversely affecting the environment and the public health.

The NGT noted that the carrying capacity in the area is negative and the air norms are not being met. The NGT said that there was no justification for the the recommendations that only new hot mix plants may not be allowed and the old mix plants may continue even at the cost of public health.

The NGT, September 9, 2021 directed that the no hot mix plants - old and new - would be allowed beyond carrying capacity and without compliance of the laid down siting norms from, November 1, 2021. A joint committee comprising MoEF&CC, CPCB, State PCB, District Magistrate, Prof Mukesh Khare, IIT Delhi, Prof Mukesh Sharma, IIT Kanpur and Prof Shiva Nagendran, IIT Chennai has to give a report within three months - on better technological options and advanced air pollution abatement measures of hot mix plants, to ensure sustainability of such activities.