2023 (11) TMI 625 - SCH - Customs

Control of Air pollution in and around capital - crop burning - notification banning use of Pet Coke as fuel which the Paper Manufacturing Association of India seeks to use - HELD THAT - The Commission is called upon to submit urgently a report as to the steps being taken for control of air pollution in and around the Capital. List for this limited purpose on 31.10.2023.

Summary

Issues Involved:
1. Modification and Impleadment Applications
2. Intervention and Directions Applications
3. Clarification and Directions Applications
4. Crop Burning and Air Pollution

Summary:

1. Modification and Impleadment Applications:

IA NO. 184370/2023 and IA D. NO. 205976/2023:** The Court has heard the counsel for parties and acknowledged the difficulty in monitoring quotas for different industries. It was suggested that the Commission for Air Quality Management (CAQM) should reassess the availability and requirement of Pet Coke, considering the changed ground realities and the specific needs of industries like Aluminum. This approach was acceptable to all counsel, with concerns about the time required for implementation. The Court delegated these issues to the CAQM, emphasizing that interim directions can be passed by the Commission as needed.

2. Intervention and Directions Applications:

IA NOS. 49035, 49036/2021, 113743, 113750/2019, 141194, 141196/2023, 141725, 141728/2023, 141204, 141252/2023, 129627, 129630, 138251/2023, 142394, 142395/2023, 176700, 176702/2023, 177061, 177063/2023, 177684, 177685/2023, 16635/2022, 41879/2022, 176291/2023:** The Court recognized the need for a holistic view on the distribution of Pet Coke and the requirement for imports. It was noted that six calciners near the ports have a specific allocation issue, and the CAQM should consider this aspect. The Ministry of Environment, Forest and Climate Change requested three months for completion, with interim directions to be considered within 4-6 weeks. All applications related to import and enhancement of import quota were disposed of accordingly.

3. Clarification and Directions Applications:

IA NO. 115613/2021:** The applicant requested that the facts of their case be examined by the CAQM in light of other aspects being delegated to the Commission. This request was accepted, and the application was disposed of.

IA NO. 31988/2018:** The application by the Paper Manufacturing Association, opposed by the Amicus, sought to use Pet Coke as fuel despite a notification banning it. With no appearance from the applicant and the issue possibly resolved over time, the application was dismissed.

4. Crop Burning and Air Pollution:

IN RE: CROP BURNING:** The Amicus highlighted the serious issue of air pollution aggravated by crop burning with winters approaching. The Court called upon the CAQM to urgently submit a report on the steps being taken to control air pollution in and around the Capital. The matter was listed for further consideration on 31.10.2023.