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Madras High CourtWP/40809/2015disposed of

P.Boobalan, v. The Government Of Tamilnadu,

2016-01-06Honourable The Chief Justice,Honourable Mrs Justice Pushpa Sathyanarayana7 pages

W.P.No.40809 of 2015 THE HON'BLE CHIEF JUSTICE and R.MAHADEVAN, J.

The report has been filed by the Tamil Nadu Pollution Control Board (TNPCB) / the seventh respondent. It has been averred that eight ambient air quality monitoring stations are operating under TNPCB in Chennai under National Air Quality Monitoring Programme (NAMP) and are functioning on 24 hour basis and samples are collected from NAMP stations twice a week and then analysed for the Particulate Matter (PM10) (PM10 is particulate matter less than 10 microns size) and gaseous pollutants such as Sulphur di oxide (SO2) and Nitrogen di Oxides (NO2). The result of the aforesaid is reflected as under: Area Annual average concentrations of pollutants in μg/m3 Industrial, Residential, Rural & Other areas 24 hrs average concentrations of Pollutants in μg/m3 The ambient air quality data collected from the above mentioned air quality monitoring stations (NAMP) indicate that the parameters such as sulphur dioxide, nitrogen dioxide are found to be well controlled in Chennai including the industrial area. The average values of Respirable Suspended Particulates levels

exceeded the standard in Chennai at Kilpauk, Thiyagarayanagar, Nungambakkam and Anna Nagar Monitoring stations (NAMP). The exceedance of Particulate Matter (PM10) levels at few stations in Chennai city are mainly due to the Metro Rail work, dust contributed by pipe line, telephone/electrical cable laying activities on the road and also due to the re-suspension of traffic dust generated from automobile emissions and heavy vehicular traffic and pedestrian movement. The average values of pollutants recorded at the above monitoring stations under NAMP programme during the period 2015-2016 are in Annexure-VI. 2.

Similarly, in Thoothukudi, Coimbatore, Salem, Madurai, Trichy, Cuddalore and Mettur, the NAMP stations are functioning in a similar manner and the data analysis shows that the parameters such as sulphur dioxide, nitrogen dioxide are found to be well controlled at all the aforesaid places. The average value of PM10 are found to exceed the permissible limits in certain locations due to increase in number of vehicles and the surface dust generated by vehicular movement, as also due to digging and laying activities for pipelines, electrical and telephone cables and due to heavy commercial and industrial activities. 3.

The Emission Under Control Certificates (EUCC) for all vehicles are issued by the private emission testing centres authorised by the Transport Department under Rule 116 (b) of the Tamil Nadu Motor Vehicles Rules, 1989 and the TNPCB is not concerned with the same.

4.In pursuance to the directions passed by this Court, air quality near the traffic movement areas in the aforesaid cities and locations were carried out and it was found that the values of SO2 and NO2 are within the prescribed limits, whereas the values of PM10 and PM2.5 are exceeding in some locations, major sources of which is vehicular emission, vehicular movement and road dust.

5.The Ambient Air Quality in traffic intersection areas of major cities of Tamil Nadu on the basis of 24 hour monitoring data has been found to be as under:

Name of monitoring the City 1.

Erode Traffic Police post (Swastic Roundana) June 12-13, Traffic Police Post (PS Park Roundana) June 12-13, 2.

Namakkal Sowrastra Thirumanamandabam (Near Bus Stand) Feb 4-5, 2016 Police Station Building (Trichy Road) Feb 4-5, 2016 Veeravilas Complex Building, Trichy Road Feb 4-5, 2016 Municipal Office Building, Paramathi Road Feb 4-5, 2016 Municipal Elementary School, Kottai Feb 4-5, 2016

Name of monitoring the City 3.

Trichengodu Municipal Shopping Feb 8-9, 2016 Complex (New Bus Stand) Commercial Complex Building, T.Code Union Office Feb 8-9, 2016 Municipal Middle School Building Feb 8-9, 2016 Trichengodu Lorry Owners Association Building Feb 8-9, 2016 4.

Coimbatore Ukkadam Police Station 31, July to 1, Aug. 2015 Annamalai Motors, Mettupalayam Road 31, July to 1, Aug. 2015 Rathinam International Public School, Hope College Road 31, July to 1, Aug. 2015 Prescribed Standard for Ambient Air Quality (24 hours Standard) 6.In respect of the traffic movement areas in these locations, the result has been found as under:

Name of the Sampling City 1.

Cuddalore Imperial Road Annual 2.

Chennai Kilpauk T.Nagar Nungambakkam 3.

Trichy Main Guard Gate Central Bus Stand 4.

Coimbatore District

Name of the Sampling City Collector Office 5.

Madurai Madurai Corporation Office 6.

Salem Sowdeswari College Building 7.

Thoothukudi AVM Building Prescribed Standard for Ambient Air Quality (Annual Average) 7.The result of such air quality check carried out for the month of May, 2016 is as under:

Name of the Sampling .

City 1.

Cuddalore Imperial Road June, 2016 2.

Chennai Kilpauk T.Nagar Nungambakkam 3.

Trichy Main Guard Gate Central Bus Stand 4.

Coimbatore District Collector Office 5.

Madurai Madurai Corporation Office 6.

Salem Sowdeswari College Building

Name of the Sampling .

City 7.

Thoothukudi AVM Building 8.The aforesaid, thus, shows that a constant monitoring is taking place and undoubtedly vehicular pollution is the major source of the problem, for which authorities should look into necessary measures as may be feasible.

9.No further orders are, thus, necessary in this petition. (S.K.K., CJ.) (R.M.D.,J.) 30.08.2016 sra

The Hon'ble Chief Justice and R.Mahadevan, J.

(sra) W.P.No.40809 of 2015 30.08.2016