Lok Sabha Question No. 1465 (UNSTARRED), answered on 2016-05-03
Subject: Factories in Residential Areas
Ministry: ENVIRONMENT,  FORESTS AND CLIMATE CHANGE
Asked by: SHARAD TRIPATHI, SONA RAM CHOUDHARY

## GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

## LOK SABHA UNSTARRED QUESTION NO.1465

TO BE ANSWERED ON 03.05.2016

## Factories in Residential Areas

1465.   SHRI SHARAD TRIPATHI: COL. SONARAM CHOUDHARY:

Will the Minister of ENVIRONMENT, FORESTS AND CLIMATE CHANGE be pleased to state:

- (a) whether factories and chemical gas plants are being operated in residential/populated areas on a large scale and creating environmental problems and instances of accidents in such plants have also been reported;
- (b) if so, the details thereof, State-wise; and
- (c) the action being taken by the Government in this regard including action against such factories, State-wise?

## ANSWER

MINISTER  OF  STATE  (INDEPENDENT  CHARGE)  FOR  ENVIRONMENT,  FOREST AND CLIMATE CHANGE (SHRI PRAKASH JAVADEKAR)

- (a)to(c)    State Pollution Control Boards (SPCBs) / Pollution Control Committees (PCCs) are empowered to grant 'Consent to Establish'  to regulate  operation  of  industries  as per  the  provisions  of  the  Water  (Prevention  and  Control  of  Pollution)  Act,  1974 and  the  Air  (Prevention  and  Control  of  Pollution)  Act,  1981.  The  information furnished  by  Central  Pollution  Control  Board  regarding  industrial  activities  in residential areas in various States / Union Territories and their status / action taken is given at the Annexure.

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## ANNEXURE  REFERRED  TO  IN  REPLY  TO  PART  (a)  TO  (c)  OF  LOK  SABHA UNSTARRED  QUESTION  NO.  1465  DUE  FOR  REPLY  ON  03/05/2016  REGARDING FACTORIES IN RESIDENTIAL AREAS RAISED BY SHRI SHARAD TRIPATHI AND COL. SONARAM CHOUDHARY.

| State            | Status / Action taken                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 |
|------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Assam            | Only limited number of Orange and Green category industries is functioning in residential areas in the state of Assam. These units are strictly directed by the State Pollution Control Board (SPCB) to comply with the pollution control norms and are frequently supervised by the SPCB officials.                                                                                                                                                                                                                                                                                                  |
| Chhattisgarh     | No industrial units functioning in residential areas.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 |
| Delhi            | In compliance of Hon'ble Supreme Court judgment dated 7.5.2004 [WP(C) no. 4677 of 1985, M.C Mehta vs.UOI & Ors] regarding closure / shifting of the unauthorized / illegal / non-conforming industries in residential areas of Delhi, action has been initiated against industries operating in non-conforming areas and those violating master plan.                                                                                                                                                                                                                                                 |
| Goa              | The industries are regulated as per section 6A.2.1 of the Land Development and Building Construction Regulations, 2010.                                                                                                                                                                                                                                                                                                                                                                                                                                                                               |
| Gujarat          | No industrial units functioning in residential areas.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 |
| Haryana          | The State Pollution Control Board has framed a policy with effect from 16.11.2012 to prohibit establishment of Red and Orange category of industrial units in residential areas. Closure action has been taken against those units operating in residential areas.                                                                                                                                                                                                                                                                                                                                    |
| Himachal Pradesh | Industries are required to operate in such a manner that no nuisance is caused to the residents of the area.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          |
| Kerala           | Criteria for Red / Orange / Green category industries (classifying them as large, medium and small on the basis of capital investment) from residences / worship places etc. is followed in the State. More stringent distance criteria are being followed for some specific industries like stone crushers, quarrying units, plywood industries etc. by considering their pollution potential and public complaints. Stringent conditions on pollution control measures are specified for such existing industries situated in residential areas.                                                    |
| Meghalaya        | Suitable directions were issued to violators for taking adequate remedial / control measures to comply with the prescribed environmental norms. In cases of failure to comply with the directions, closure notices are issued for closing down the unit.                                                                                                                                                                                                                                                                                                                                              |
| Mizoram          | The State Pollution Control Board conducts inspection before granting 'No Objection Certificates' to the industries and strict guidelines are given to these industries.                                                                                                                                                                                                                                                                                                                                                                                                                              |
| Nagaland         | The industrial units are allowed to function in residential areas as per the consent conditions of the State Pollution Control Board.                                                                                                                                                                                                                                                                                                                                                                                                                                                                 |
| Puducherry       | Industries function in the residential areas with due permission from the Local Authorities and Puducherry Pollution Control Committee. As a matter of principle, only Green category of industries are given permission / NOC/ Consent to establish in the residential areas, which are per-se non-polluting. Some category of industries permitted in the green category are noise polluting for with appropriate control measures are suggested and monitored by the PPCC. Directions are issued for taking necessary control measures or for closure of the unit, in case of specific violations. |
| Rajasthan        | The State Pollution Control Board initiates action as per provisions of the Water (Prevention and Control of Pollution) Act, 1974; Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986 against the polluting industries for violations irrespective of their location.                                                                                                                                                                                                                                                                                         |

| State       | Status / Action taken                                                                                                                                                                                                                                                                                                                                                                                                                                   |
|-------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Tamil Nadu  | Tamil Nadu Pollution Control Board issues consent to the industries which are permissible in primary residential use zone as well as mixed residential use zone. Whenever complaints are received against unauthorized industries operating in primary residential and mixed residential use zones, actions are taken against the unauthorized units as per the prescribed environmental laws.                                                          |
| Tripura     | The State Pollution Control Board regulates the operation of industries in residential area by various provisions contained in existing environmental laws.                                                                                                                                                                                                                                                                                             |
| Uttrakhand  | Actions are taken under provisions of Water (Prevention and Control of Pollution) Act, 1974; Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986 in case of complaint.                                                                                                                                                                                                                                           |
| West Bengal | All major polluting industries are under rigorous monitoring schedule of the State Pollution Control Board on monthly / bi-monthly / quarterly basis etc. The WBPCB also monitors Grossly Polluting Industries and other industries including units against which there are public grievances. The non-compliant units are issued with necessary directions for compliance or actions are initiated such as closure, imposition of bank guarantee, etc. |

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