Karnataka High Court seeks project report on installation of automatic air quality monitoring systems

The Karnataka High Court recently said that the Karnataka State Pollution Control Board (KSPCB) must install Automatic Continuous Ambient Air Quality Monitoring Systems in as many areas as possible, particularly industrial areas and areas with dense population [A N Padma vs M V Venkatasubbaiah Shetty]..Justice Suraj Govindaraj said the KSPCB would have to come up with a proper system of administering the Air Act and Water Act to make available a pollution free environment to citizens of the country. The Court said that cost cannot be an impediment for the KSPCB or State in the age of global warming and climate change that affects the population.“Right to a pollution free environments is also a part of the fundamental right to life guaranteed under Article 21 of the constitution of India. A citizen of the country cannot be made to live in a polluted environment causing such a citizen to suffer from diseases which arise on account of pollution,” it said..In this backdrop, the Court directed the Chairman of the KPSCB to submit a detailed project report within six weeks on implementation of the air quality monitoring system across Karnataka. The Court passed the order on a Sringeri resident’s petition seeking to halt the operation of his neighbour’s banana chips manufacturing unit. The same was being operated from residential premises and without the official clearance, the plea alleged..The issue regarding the pollution came up for discussion during the hearing of the matter. The Court was told that whenever a complaint is received from anywhere, the personnel of KSPCB visit the location, carry out the necessary tests and send the samples for laboratory analysis.However, the Court said that the monitoring of pollution cannot be only on the basis of complaints. The KSPCB would have to establish a system of continuous monitoring, it asserted.It thus suggested that the industries could be asked to install appropriate machinery for measuring the pollution levels. The equipment would produce reports on real time basis for sharing them with the designated database of the KSPCB, it added.“It would also be preferable that these particular machineries use the technology of Internet of Things (IOT) which are now used in white goods like, refrigerator, ovens, air conditioners etc., and the reports are in real time directly sent to the Pollution Control Board for necessary action without human intervention,” the Court said..Automatic and continuous monitoring stations are required to be set up in factories coming under the red and orange category at the cost of the owner of the factory, the Court further said, adding that the same units could also cater to measuring air and water pollutants in surrounding areas.Meanwhile, the Court also said that the demarcation of residential, industrial and commercial zones must be made applicable across cities and towns in Karnataka for an orderly development of the state. In this regard, it directed the Principal Secretary of Urban Development Department to submit a report on how the State plans to achieve the same within a period of six weeks“There needs to be an orderly development of every city in the State of Karnataka and residents of each such city are required to be provided a pollution free environment and in this regards it would be for the Director of Municipal Administration and the Urban Development Department to properly and effectively take steps to segregate residential, commercial and industrial areas in each city.”.Advocate Gururaj R represented the petitioner.Advocates TK Vishwajith and R Srinivasa represented the private respondents.Advocate Gireesha Kodgi represented the Pattana Panchayat.Advocate Channappa Erappa represented the State.Advocate Gururaj Joshi represented the KSPCB[Read Judgment]