Rules Regulating Diesel Genset in Residential Areas

Forum: National Green Tribunal, Principal Bench, New Delhi

Case name: Satish Govind v. President and Secretary, Windsor Park Residents Welfare Association & Anr.

Original Application No. 242/2021

Coram: Hon’ble Mr. Justice Adarsh Kumar Goel, Chairperson, Hon’ble Mr. Justice Sudhir Agarwal, Judicial Member, Hon’ble Prof. A. Senthil Vel, Expert Member

Grievance addressed:

1. Violation of air quality norms by operation of diesel generators by the management board of the Windsor Park society.
2. DG sets at the society have chimneys that will end right above the DG sets and hence all the exhaust emissions are released at the ground floor level. The pollution caused impacts the health of the people living on the lower floors of the tower.

Prior action was taken by the Tribunal on the issue of DG:

1. Tribunal had vide order dated 18.10.2021 noted the potential of DG sets for air pollution and the need for an action plan for controlling the same.
2. Tribunal directed that apart from the enforcing GRAP (graded response action plan) in the functioning of DG sets further remedial actions are required for upholding the air quality and noise quality standards in the operation of DG sets.
3. To ensure this, the tribunal accordingly directed the CPCB, SPCB, and DM to take further remedial action and furnish an action taken report. Also highlighting that the executive magistrate has power under Section 133 of Cr.P.C. to act.
4. order of the tribunal noted that in case of very poor (ambient PM2.5 or PM10 concentration value is between 121-250 ug/m3 or 351 ug/m3 respectively, the use of diesel generators should be stopped.

How is the quality of air assessed based on AQI (Air Quality Index)?

1. 0-50: Good- minimal impact
2. 51-100: satisfactory- may cause minor breathing discomfort to sensitive people
3. 101-200: moderately polluted- may cause breathing discomfort to people with lung diseases such as asthma and discomfort to people with heart disease, children, and older adults.
4. 201-300: poor- may cause breathing discomfort to people on prolonged exposure and discomfort to people with heart disease
5. 301-400: very poor- may cause respiratory illness to people on prolonged exposure. The effect may be more pronounced in people with lung and heart diseases.
6. 401-500: severe- may cause respiratory impact events on healthy people and serious health impacts on people with lung/heart disease. The health impacts may be experienced even during light physical activity.

Guidelines issued by authorities on DG set use:

• CPCB guidelines in the case of Market Welfare Association v. District Magistrate & Ors. and Fashion Market Welfare Association v. DM, SAS Nagar & Ors. and Sadhu Singh & Ors. v. The Chief Administrator & Ors. that –
  • Any diesel generator set without certified acoustic enclosure as per GSR 371(E), dated 17th May, 2002 not to be allowed to operate on or after 01.06.2015, and
  • Generator sets manufactured on or after 17th May 2002 be scrapped and dismantled after their useful life, i.e. 15 years from the date of manufacturing or 50,000 hours of the operator whichever is earlier.
• Hon’ble NGT Principal Bench has passed an order vide OA No. 681 dated 06.08.2019-
  • Evolve standards and norms for in-use DG sets below 800 KVA categories.
  • 2. For DG sets already operational, ensure usage of either of the two options: (a) use of retrofitted emission control equipment having a minimum specified PM capturing efficiency of at least 70%, type approved by one of the 5 CPCB recognized labs; or (b) shifting to gas-based generators by employing new gas-based generators or retrofitting the existing DG sets FOR partial usage.

Recommendations:

1. The project shall install a stack of adequate height on all DG sets as per E.P. Act, 1986.
2. A generator of less than 15 years old may be allowed to be used.
3. A separate generator maybe used for lift and emergency services.

What was decided in this Order of the NGT by the Principal Bench?

1. NGT noted that the violations are not restricted to the WPRWA but rather to many other housing societies in Ghaziabad.
2. There is a need for a statewide policy and monitoring mechanism to remedy the situation after discussion of the matter at the level of state-level authorities in UP in light of the mandate of law and earlier directors of this Tribunal.
3. Pursuance to the order of the NGT, the state submitted a report that it has constituted a task force for compliance against violations by setting up DG sets throughout the State.
4. Further, as per the record of WPRWA, 8 DG sets of which 4 are more than 15 years old and two will complete 15 years by June/July 2023. Thus, these DG sets have to be replaced with cleaner fuel/retrofitted and compliant as per specifications.
5. The Court further directed that the report of the Joint Committee dated 5.3.22 referred in the order dated 16.3.22 has to be acted upon in terms of discarding DG sets having a life of more than 15 years and replacing them with equipment run on cleaner fuel and compliant with norms including proper stack height.

What is the recourse if the NGT order is not complied with?

1. Decisions of the tribunal are binding. They are enforceable in the same manner as the decisions of the civil court under CPC, 1908.
2. The person seeking compliance with the NGT order may file a complaint with the RWA seeking compliance and their intention to move the Court for execution if the RWA doesn’t act.
3. If the RWA fails to act the aggrieved person may also approach the Noida Authority or the respective authority of their area to get the order executed.
4. Otherwise, the party has the option to file an execution petition under Section 25 of the NGT Act, 2010.
5. NGT has been provided with wide powers. It has the power to impose a penalty for failure to comply with orders of the tribunal as per which he shall be punishable with imprisonment for a term which may extend to three years or with a fine which may extend to 10 crore rupees, or with both and in case the failure or contravention continues, with additional fine which may extend to 25,000 for every day during which such failure or contravention continues after conviction for the first such failure or contravention.

The order of NGT is a much-needed relief for not only the residents of Windsor Park and residents of other societies as well. This will give relief to people, especially those residing in areas with high pollution risk.