Order of the National Green Tribunal in the matter of M/s Platinum AAC Blocks Pvt. Ltd. Vs Pollution Control Committee & Others dated 14/09/2020.

The appeal was filed by M/s Platinum AAC Blocks against the order passed by the Pollution Control Committee (PCC) Daman Diu and Dadra Nagar Haveli February 3, 2020.

The PCC order said that as per the notification October 9, 2015 applicable to Dadra and Nagar Haveli, fly ash export, transport and disposal facility falls under the banned category. Therefore, manufacturing of autoclaved aerated concrete using fly ash is not allowed to be established.

The unit carries out the following two activities to produce the fly ash bricks/blocks:

1.Fly ash transport

2.Fly ash bricks/blocks manufacturing using fuel

The Central Pollution Control Board (CPCB) in its report to the NGT July 16, 2020 said that fly ash export, transport and disposal facility falls under Green Category and fly ash bricks/blocks manufacturing using fuel also falls under Green Category of industries.

Further, the PCC was yet to harmonize the categorization of industries in compliance of modifed directions issued by the CPCB vide letter March 7, 2016 under Section 18(1)(b).

Thus, any consideration about admissibility of the consent to the unit must be viewed based on harmonization of industries by PCC. The violations with respect to Consent to Establish (CTE) and Consent to Operate (CTO) by the unit has to be dealt by PCC as per provisions of relevant Acts and Rules.

The NGT took a stern view of the PCC stand against the unit and said that PCC's action was "against the mandate of environmental protection in not permitting an environmental friendly activity to start for reasons difficult to fathom." The bench of Justice Adarsh Kumar Goel and Justice Sonam Phintso Wangdi directed the PCC order to be set aside. Also a copy of the NGT order has to be forwarded to the advisor to the Union Territory of Daman Diu and Dadra Nagar Haveli to consider remedial action against the erring officer of the PCC for passing such "absurd order" - overreaching the orders of the Tribunal and against the interests of the environment.